Indigenous, Indian, and Aboriginal Law Commons^™

The Use Of Mediation To Resolve Conflicts Arising From Cultural Appropriation By Western Fashion Brands, Faith Adongo

Cardozo Journal of Conflict Resolution

The Cambridge Dictionary defines cultural appropriation as "the act of taking or using things from a culture that is not your own, especially without showing that you understand or respect this culture." It is sometimes referred to as cultural misappropriation, and also defined as taking intellectual property, traditional knowledge, cultural expressions, or artifacts from a culture other than one's own, without permission. Supporters of cultural appropriation see it as the only realistic way of developing, spreading and integrating cultures, while critics see it as a means through which dominant cultures "borrow" from the cultures of minority groups.

Santa Clara Pueblo V. Martinez In The Evolution Of Federal Law, Richard B. Collins

Tribal Law Journal

Few Indian law decisions have evoked as much scholarly attention as Santa Clara Pueblo.1 Shepard's pulls up over 1000 law review references, and Google reports almost 3,000,000 hits.2 It is a major case in all Indian law treatises and casebooks and is important in several other books.3 Most analyze the decision as an event and focus on its principal holding, denying a federal cause of action for civil enforcement of the Indian Civil Rights Act.4 Policy discussions parse tribal sovereignty and discrimination against women.

Tribal Justice: Honoring Indigenous Dispute Resolution (Symposium Keynote Address), Deb Haaland

Tribal Law Journal

Tribal Law Journal 20th Anniversary Symposium Keynote Address. I am working to weave our Native voice into a system that is not traditionally our own to make sure these legal fictions do not persist into another detrimental federal policy era. This symposium is highly valuable because it shows our community how important it is to incorporate indigenous traditional values into our legal system—but this is also important to highlight in our political systems and my effort to encourage more Native Americans to run for office and will continue. Native American people need to redefine all aspects of our governance systems …

Native American Oral Evidence: Finding A New Hearsay Exception, Max Virupaksha Katner

Tribal Law Journal

The Federal Rules of Evidence hearsay rules unjustifiably exclude legitimate and trustworthy evidence that support many Native American legal claims. Native American communities traditionally were not literate and rarely recorded the treaties, contracts, and other legal instruments they drew up or honored in any kind of written format, oftentimes recording their histories and diplomatic events in other ways; take for example wampum belts used by the Haudenosaunee Confederacy, among others. While the U.S. legal system presupposes that evidence in written statements provides a greater assurance of accuracy and truth than oral statements, this is not always the case. Writing is …

Non-Indian Reservations, Joshua Matthew Rosenau

Graduate Student Theses, Dissertations, & Professional Papers

This thesis is a skeptical treatment of the logical distinctions presumed to exist between “Indian” and “non-Indian” people. Despite representing 99 percent of the U.S. population, “non-Indians” represent a legal identity which has no explicit definition. The basis for the U.S. Supreme Court’s decisions regarding non-Indians and Indians rests not on any objective, empirical or logical criterion or proof, but rather on the “assumption of a ‘guardian-ward’ status. This thesis investigates this assumption, and recommends that we suspend judgment on whether the difference between “Indians” and “non-Indians” can be determined either by logical argument or by legal assumption.

Acoma Pueblo Tribal Court Handbook (2021), Tribal Law Journal Staff

Tribal Law Journal

This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.

Taos Pueblo Tribal Court Handbook (2021), Tribal Law Journal Staff

Tribal Law Journal

This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.

Rethinking Protections For Indigenous Sacred Sites, Stephanie H. Barclay, Michalyn Steele

Journal Articles

Meaningful access to sacred sites is among the most important principles to the religious exercise of Indigenous peoples, yet tribes have been repeatedly thwarted by the federal government in their efforts to vindicate this practice of their religion. The colonial, state, and federal governments of this Nation have been desecrating and destroying Native American sacred sites since before the Republic was formed. Unfortunately, the callous destruction of Indigenous sacred sites is not just a troubling relic of the past. Rather, the threat to sacred sites and cultural resources continues today in the form of spoliation from development, as well as …

Water Is Life: Law, Systemic Racism, And Water Security In Indian Country, Heather Tanana, Julie Combs, Aila Hoss

Utah Law Faculty Scholarship

The 21st Century has been marked by significant advancements in technology, from travel to Mars and self-driving cars to smartphones and bitcoin. And yet, at the same time, hundreds of thousands of Native Americans live without access to safe, clean and reliable drinking water. By some estimates, 48% of households on Indian reservations do not have clean water or adequate sanitation. This lack of access has been highlighted by the coronavirus pandemic, but it is not a new issue. Native American communities have long suffered inequities stemming from colonization and perpetrated by federal policy. While the pandemic has devastated many …

Decolonizing Indigenous Migration, Angela R. Riley, Kristen A. Carpenter

Publications

As global attention turns increasingly to issues of migration, the Indigenous identity of migrants often remains invisible. At the U.S.-Mexico border, for example, a significant number of the individuals now being detained are people of indigenous origin, whether Kekchi, Mam, Achi, Ixil, Awakatek, Jakaltek or Qanjobal, coming from communities in Venezuela, Honduras, Guatemala and other countries. They may be leaving their homelands precisely because their rights as Indigenous Peoples, for example the right to occupy land collectively and without forcible removal, have been violated. But once they reach the United States, they are treated as any other migrants, without regard …

Introduction To The Symposium On The Impact Of Indigenous Peoples On International Law, S. James Anaya, Antony Anghie

Publications

No abstract provided.

Living The Sacred: Indigenous Peoples And Religious Freedom, Kristen A. Carpenter

Publications

No abstract provided.

The Secretary Of The Interior Has The Authority To Take Land Into Trust For Federally Recognized Alaska Tribes, Meghan O’Connor

American Indian Law Review

No abstract provided.

The Tribal Right To Exclude Others From Indian-Owned Lands, Alex Tallchief Skibine

American Indian Law Review

No abstract provided.

State V. Nobles: Chance To Settle Needless Jurisdictional Turbulence, Kaylee Snyder

American Indian Law Review

No abstract provided.

Wolastoqiyik And Mi’Kmaq Grandmothers - Land/Water Defenders Sharing And Learning Circle: Generating Knowledge For Action, Sherry Pictou, Janet Conway, Angela Day

Reports & Public Policy Documents

This report is a summary of the Grandmothers/Defenders’ stories and are interwoven with corresponding news articles, press releases, and other public documents. This is followed by an overview of some of the critical common issues and importantly, strategies for moving forward proposed by the Grandmothers/Defenders.

The Grandmother’s Report is a collection of stories told by Wolastoqiyik Grandmother/Defenders against the Sisson Mine in New Brunswick and Mi’kmaq Grandmothers against the Alton Gas project in Nova Scotia at the event, Indigenous Grandmothers Sharing and Learning Circle: Generating Knowledge for Action, held at the Tatamagouche Centre in Nova Scotia, January 26 to 27, …

The Execution Of Lezmond Mitchell: An Analysis Of Federal Indian Law, Criminal Jurisdiction, And The Death Penalty As Applied To Native Americans, Mary Margaret L. Kirchner

Lewis & Clark Law Review

Capital punishment is controversial in American society. It is the junction where moral standards and punishment for the most severe crimes crash together head on. As society has evolved, so have the expectations, requirements, and norms for capital punishment. In the history of the United States, capital punishment, commonly referred to as the death penalty, has been plagued with continuous inequalities. Based on the evolving standards of decency that shift as society matures, certain practices affiliated with the death penalty have now been invalidated as cruel and unusual. One of the most concerning flaws surrounding the death penalty is its …

Tribal Opposition To Enbridge Line 5: Rights And Interests, John Minode’E Petoskey

Tribal Law Journal

This paper will examine the tribal interests at stake in the controversy surrounding Enbridge Oil Pipeline 5 (“Line 5”), and will explore why it is consistent with Michigan’s treaty obligations and public trust principles to remove the pipeline from the Straits of Mackinac. The Line runs beneath the Straits of Mackinac, the convergence of Lake Michigan and Lake Huron, and is nearly 70 years old. Should the pipeline burst, the resulting spill would irreparably harm fisheries in the Straits and impair tribal treaty rights to fish in the Great Lakes. Part I will provide a roadmap overview. Part II will …

Rennard Strickland: Living Without Notes, Katheleen Guzman

Other Faculty Publications

No abstract provided.

With Great(Er) Power Comes Great(Er) Responsibility: Indigenous Rights And Municipal Autonomy, Alexandra Flynn

All Faculty Publications

This article asks how the dialogue surrounding greater municipal autonomy intersects with Aboriginal rights and title, recognized under section 35 of the Constitution Act, 1982 (Constitution), with a particular focus on Toronto. The first part of this article sets out the ways in which Toronto sought empowerment following the Better Local Government Act or Bill 5, including judicial consideration of the constitutional role of Canadian municipalities, the legislative advances made by provincial governments, and the yet-implemented possibilities of protection through a little-used mechanism within the Constitution. Part II analyzes the obligations of municipalities in respect of Indigenous Peoples …