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Indigenous, Indian, and Aboriginal Law Commons™

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All Articles in Indigenous, Indian, and Aboriginal Law

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2021 In Oklahoma Indian Country: Providing Context, Darla Jackson 2021 University of Oklahoma College of Law

2021 In Oklahoma Indian Country: Providing Context, Darla Jackson

Other Faculty Publications

No abstract provided.


Indigenous-Municipal Legal Relationships: Moving Beyond The Duty To Consult And Accommodate, Alexandra Flynn 2021 Allard School of Law at the University of British Columbia

Indigenous-Municipal Legal Relationships: Moving Beyond The Duty To Consult And Accommodate, Alexandra Flynn

All Faculty Publications

This paper examines the path forward for Indigenous-municipal relationships in regard to the land use planning process. While the arguments in the paper apply broadly, I focus on the unique legalities of planning approaches in Ontario. The aim is to argue that municipal planning – using the example of the Ontario planning model more specifically – should not frame its responsibilities with First Nations and Indigenous peoples based on the requirements of the duty to consult, which is a problematic singular framework in grounding a nation-to-nation relationship. The duty to consult as the basis of Indigenous-settler relationships has not led …


Incorporation By Any Other Name? Comparing Congress' Federalization Of Tribal Court Criminal Procedure With The Supreme Court's Regulation Of State Courts, Jordan Gross 2021 Alexander Blewett III School of Law at the University of Montana

Incorporation By Any Other Name? Comparing Congress' Federalization Of Tribal Court Criminal Procedure With The Supreme Court's Regulation Of State Courts, Jordan Gross

Faculty Law Review Articles

This Article examines the different experience of states and tribes with uniform national standards of criminal procedure imposed by the federal government. Part I describes the federal government’s displacement of indigenous justice in service of colonialist political goals, a policy that has contributed to the public safety crisis in Indian country today. Part II explains the constitutional criminal procedure jurisprudence the Court developed for states on which Congress has modeled ICRA’s criminal procedure provisions. In TLOA and VAWA 2013, Congress recognized that restoring tribal autonomy over wrongdoing in Indian country must be part of the federal policy response to the …


Assimilation, Removal, Discipline, And Confinement: Native Girls And Government Intervention, Addie C. Rolnick 2021 University of Nevada, Las Vegas -- William S. Boyd School of Law

Assimilation, Removal, Discipline, And Confinement: Native Girls And Government Intervention, Addie C. Rolnick

Scholarly Works

A full understanding of the roots of child separation must begin with Native children. This Article demonstrates how modern child welfare, delinquency, and education systems are rooted in the social control of indigenous children. It examines the experiences of Native girls in federal and state systems from the late 1800s to the mid-1900s to show that, despite their ostensibly benevolent and separate purposes, these institutions were indistinguishable and interchangeable. They were simply differently styled mechanisms of forced assimilation, removal, discipline, and confinement. As the repeating nature of government intervention into the lives of Native children makes clear, renaming a system …


Rennard Leaves Us Words Of Thunder, Bill Piatt 2021 St. Mary's University School of Law

Rennard Leaves Us Words Of Thunder, Bill Piatt

Faculty Articles

Rennard Strickland was a quiet, modest, genial man who made many contributions to legal education over the span of his career. Among his most important gifts are the words he wrote and spoke which alerted us to the extent that the legal system contributed to the genocide of Indigenous America.


Front Pages, 2021 University of Oklahoma College of Law

Front Pages

American Indian Law Review

No abstract provided.


Icwa’S Irony, Marcia Zug 2021 University of Oklahoma College of Law

Icwa’S Irony, Marcia Zug

American Indian Law Review

No abstract provided.


“The Desert Is Our Home”, Kayla Molina 2021 University of Oklahoma College of Law

“The Desert Is Our Home”, Kayla Molina

American Indian Law Review

No abstract provided.


Coeur D’Alene Tribe V. Hawks: Why Federal Courts Have The Power To Recognize And Enforce Tribal Court Judgments Against Nonmembers “Because Of The Federal Government’S Unique Relationship With Indian Tribes”, Heath Albert 2021 University of Oklahoma College of Law

Coeur D’Alene Tribe V. Hawks: Why Federal Courts Have The Power To Recognize And Enforce Tribal Court Judgments Against Nonmembers “Because Of The Federal Government’S Unique Relationship With Indian Tribes”, Heath Albert

American Indian Law Review

No abstract provided.


The Disproportionate Effect On Native American Women Of Extending The Federal Involuntary Manslaughter Act To Include A Woman’S Conduct Against Her Child In Utero: United States V. Flute, Andie B. Netherland 2021 University of Oklahoma College of Law

The Disproportionate Effect On Native American Women Of Extending The Federal Involuntary Manslaughter Act To Include A Woman’S Conduct Against Her Child In Utero: United States V. Flute, Andie B. Netherland

American Indian Law Review

No abstract provided.


Mirrored Harms: Unintended Consequences In The Grant Of Tribal Court Jurisdiction Over Non-Indian Abusers, Jonathan Riedel 2021 University of Oklahoma College of Law

Mirrored Harms: Unintended Consequences In The Grant Of Tribal Court Jurisdiction Over Non-Indian Abusers, Jonathan Riedel

American Indian Law Review

No abstract provided.


Front Pages, 2021 University of Oklahoma College of Law

Front Pages

American Indian Law Review

No abstract provided.


Impact Of The Coronavirus And Federal Responses On Indigenous Peoples’ Health, Security, And Sovereignty, Libby Smith 2021 University of Oklahoma College of Law

Impact Of The Coronavirus And Federal Responses On Indigenous Peoples’ Health, Security, And Sovereignty, Libby Smith

American Indian Law Review

No abstract provided.


The Continued Persecution Of The Kurdish People In Turkey, James L. Crawford 2021 University of Oklahoma College of Law

The Continued Persecution Of The Kurdish People In Turkey, James L. Crawford

American Indian Law Review

No abstract provided.


The Supreme Court Of Washington’S Broad Interpretation Of The “Reason To Know” Standard In In Re Dependency Of Z.J.G. And Why A Uniform, Broad Interpretation Of The Standard Will Lead To Better Outcomes, Dylan Hartsook 2021 University of Oklahoma College of Law

The Supreme Court Of Washington’S Broad Interpretation Of The “Reason To Know” Standard In In Re Dependency Of Z.J.G. And Why A Uniform, Broad Interpretation Of The Standard Will Lead To Better Outcomes, Dylan Hartsook

American Indian Law Review

No abstract provided.


Winner, Best Appellate Brief In The 2021 Native American Law Student Association Moot Court Competition, Eric Rolston, Polina Noskova 2021 University of Oklahoma College of Law

Winner, Best Appellate Brief In The 2021 Native American Law Student Association Moot Court Competition, Eric Rolston, Polina Noskova

American Indian Law Review

No abstract provided.


Aamodt Litigation Settlement Completion, United States 116th Congress 2020 University of New Mexico

Aamodt Litigation Settlement Completion, United States 116th Congress

Native American Water Rights Settlement Project

Amends the Aamodt Litigation Settlement Act (Pub. L. 11-291) to increase funding for Pueblo Water Facilities from $106.4 million to $243.4 million and making available $137 million for Regional Water System funding.


Navajo-Utah Water Rights Settlement Act, United States 116th Congress 2020 University of New Mexico

Navajo-Utah Water Rights Settlement Act, United States 116th Congress

Native American Water Rights Settlement Project

The purposes of this section are: (1) to achieve a fair, equitable, and final settlement of all claims to water rights in the State of Utah for (A) the Navajo Nation and (B) the United States, for the benefit of the Nation; (2) to authorize, ratify, and confirm the agreement entered into by the Nation and the State, to the extent that the agreement is consistent with this section; (3) to authorize and direct the Secretary (A) to execute the agreement and (B) to take any actions necessary to carry out the agreement in accordance with this section; and (4) …


Montana Water Rights Protection Act, United States 116th Congress 2020 University of New Mexico

Montana Water Rights Protection Act, United States 116th Congress

Native American Water Rights Settlement Project

The purposes of this Act are: (1) to achieve a fair, equitable, and final settlement of claims to water rights in the State of Montana, and in recognition of article I, and section 3 of article IX, of the Montana State Constitution for (A) the Confederated Salish and Kootenai Tribes of the Flathead Indian Reservation; and (B) the United States, for the benefit of the Tribes and allottees; (2) to authorize, ratify, and confirm the water rights compact entered into by the Tribes and the State, to the extent that the Compact is consistent with this Act; (3) to authorize …


Rehabilitative Justice: The Effectiveness Of Healing To Wellness, Opioid Intervention, And Drug Courts, Majidah M. Cochran, Christine L. Kettel 2020 Seattle University School of Law

Rehabilitative Justice: The Effectiveness Of Healing To Wellness, Opioid Intervention, And Drug Courts, Majidah M. Cochran, Christine L. Kettel

American Indian Law Journal

No abstract provided.


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