Textualism’S Gaze,
2020
Michigan State University College of Law
Textualism’S Gaze, Matthew L.M. Fletcher
Michigan Journal of Race and Law
This Article attempts to address why textualism distorts the Supreme Court’s jurisprudence in Indian law. I start with describing textualism in federal public law. I focus on textualism as described by Justice Scalia, as well as Scalia’s justification for textualism and discussion about the role of the judiciary in interpreting texts. The Court is often subject to challenges to its legitimacy rooted in its role as legal interpreter that textualism is designed to combat.
A Colonial Castle: Defence Of Property In R V Stanley,
2020
Allard School of Law, University of British Columbia
A Colonial Castle: Defence Of Property In R V Stanley, Alexandra Flynn, Estair Van Wagner
Articles & Book Chapters
In 2016, Gerald Stanley shot 22-year-old Colten Boushie in the back of the head after Boushie and his friends entered Stanley’s farm. Boushie died instantly. Stanley relied on a hangfire defence, rooted in the defence of accident, and was found not guilty by an all-white jury. Throughout the trial, Stanley invoked concerns about trespass and rural crime (particularly property crime) that raised much evidence of limited relevance to whether or not the shooting was an accident. We argue that the assertions of trespass, without formerly raising the defence of property or trespass, shaped the trial by providing a racist, anti-Indigenous-tinged …
Mcgirt V. Oklahoma,
2020
Alexander Blewett III School of Law at the University of Montana
Mcgirt V. Oklahoma, Allison Barnwell
Public Land & Resources Law Review
The United States Supreme Court ruled that large areas of Oklahoma, including much of the City of Tulsa, are reservation land. The case arose from an Oklahoma state court’s conviction of Jimcy McGirt on several criminal offenses. Mr. McGirt argued the State of Oklahoma lacked jurisdiction to prosecute because he was an enrolled member of the Seminole Nation of Oklahoma and committed his crimes on the Creek Reservation. Under the Major Crimes Act, only the federal government has the power to try tribal members for crimes committed on reservation lands. In a five to four decision, the Court held that …
Table Of Contents,
2020
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Litigating For The Homeland: An Indian Treaty Framework To Climate Litigation In The Wake Of Juliana,
2020
University of Michigan Law School
Litigating For The Homeland: An Indian Treaty Framework To Climate Litigation In The Wake Of Juliana, Evan Neustater
Michigan Journal of Environmental & Administrative Law
Climate change is an increasingly pressing issue on the world stage. The federal government, however, has largely declined to address any problems stemming from the effects of climate change, and litigation attempting to force the federal government to take action, as highlighted by Juliana v. United States, has largely failed. This Note presents the case for a class of plaintiffs more likely to succeed than youth plaintiffs in Juliana—federally recognized Indian tribes. Treaties between the United States and Indian nations are independent substantive sources of law that create enforceable obligations on the federal government. The United States maintains a …
Truth, Reconciliation, And The Cost Of Adversarial Justice,
2020
Osgoode Hall Law School of York University
Truth, Reconciliation, And The Cost Of Adversarial Justice, Trevor C. W. Farrow
Articles & Book Chapters
That Indigenous people in Canada were victimized for well over a century by the residential schools system for Aboriginal children is not in question. The system, which amounted to an “assault on child and culture,” was designed to “kill the Indian in the child.” Whether the legal system – purporting to provide some form of compensation in the context of claims by survivors and their families – has provided justice is a much more open question. The costs – financial, social, health, time, and so on – associated with pursuing the resolution of residential schools claims through the justice system …
Indigenous Constitutionalism And Dispute Resolution Outside The Courts: An Invitation,
2020
Osgoode Hall Law School of York University
Indigenous Constitutionalism And Dispute Resolution Outside The Courts: An Invitation, Karen Drake
Articles & Book Chapters
The Supreme Court of Canada's jurisprudence on constitutionally protected Aboriginal rights filters Indigenous laws through the lens of liberal constitutionalism, resulting in distortions of Indigenous law. To overcome this constitutional capture, this article advocates for an institution that facilitates dispute resolution between Canadian governments and Indigenous peoples grounded in Indigenous constitutionalism. To avoid a pan-Indigenous approach, this article focuses on Anishinaabe constitutionalism as one example of Indigenous constitutionalism. It highlights points of contrast between Anishinaabe constitutionalism's and liberalism's foundational norms and dispute resolution procedures. This article argues that a hybrid institution—combining features of both liberalism and Indigenous constitutionalism—would merely reproduce …
The Great Debate,
2020
University of Montana
The Great Debate, Dorothy Bradley
Public Land & Resources Law Review
No abstract provided.
Polly Holmes: When The Smoke Began To Clear,
2020
University of Montana
Polly Holmes: When The Smoke Began To Clear, Hal Harper, Krys Holmes
Public Land & Resources Law Review
No abstract provided.
If You're Old Enough To Fight, You're Old Enough To Vote,
2020
University of Montana
If You're Old Enough To Fight, You're Old Enough To Vote, Bob Brown
Public Land & Resources Law Review
No abstract provided.
Montana's Need For Change: A Historical Context For "To Make A Better Place.",
2020
University of Montana
Montana's Need For Change: A Historical Context For "To Make A Better Place.", Evan D. Barrett
Public Land & Resources Law Review
No abstract provided.
Earth Day 1970,
2020
University of Montana
Earth Day 1970, Dorothy Bradley
Public Land & Resources Law Review
No abstract provided.
Alice Creek — 1970 Montana Confronts The Copper Giant,
2020
University of Montana
Alice Creek — 1970 Montana Confronts The Copper Giant, James D. Moore
Public Land & Resources Law Review
No abstract provided.
Quotes And Acknowledgments,
2020
University of Montana
Letter From The Editor,
2020
University of Montana
Table Of Contents,
2020
University of Montana
Dedication,
2020
University of Montana
Editors And Staff Members,
2020
University of Montana
The Defence Of Necessity And Addressing Climate Change: A Canadian Case,
2020
University of Montana
The Defence Of Necessity And Addressing Climate Change: A Canadian Case, David Gooderham
Public Land & Resources Law Review
No abstract provided.
Protecting Esa-Listed Bull Trout In The Face Of Climate Change: Can The Endangered Species Act And The Clean Water Act Do Their Part?,
2020
University of Montana
Protecting Esa-Listed Bull Trout In The Face Of Climate Change: Can The Endangered Species Act And The Clean Water Act Do Their Part?, Jonathan Drake Ph.D J.D.
Public Land & Resources Law Review
No abstract provided.
