Transforming Relations: Anishnawbe Natural Law In The “Ring Of Fire”,
2020
Wilfrid Laurier University
Transforming Relations: Anishnawbe Natural Law In The “Ring Of Fire”, Darren Thomas
Theses and Dissertations (Comprehensive)
This multiple manuscript dissertation project contributes to a larger case study research project examining Matawa First Nation experiences of negotiating a proposed mining project known as the “Ring of Fire.” Nine independent First Nations located in the Treaty 9 territory in Northern Ontario, comprise a collective regional organization called Matawa First Nations. These First Nations have a long history of living their Ancestral ways of trapping, fishing, and gathering from the lands. During the early 20th century, the southern Matawa communities began to have contacts with forestry development, but a chromite deposit with an estimated value of 65 billion …
The Indigenous Decade In Review,
2020
University of New Mexico - School of Law
The Indigenous Decade In Review, Christine Zuni Cruz
Faculty Scholarship
This Article considers the decade, 2010 to 2019, in respect to indigenous peoples in the United States. The degree of invisibility of indigenous peoples, in spite of the existence of 574 federally recognized tribes with political status, is a central issue in major cases and events of the decade. Land and environment, social concerns, and collective identity are the three areas through which this Article considers the decade. The Declaration on the Rights of Indigenous Peoples, endorsed in 2010, sets a measure for the nation-state’s engagement with indigenous peoples possessed of self-determination. The criticality of a new place in the …
Not Yet America's Best Idea: Law, Inequality, And Grand Canyon National Park,
2020
University of Colorado Law School
Not Yet America's Best Idea: Law, Inequality, And Grand Canyon National Park, Sarah Krakoff
Publications
Even the nation’s most cherished and protected public lands are not spaces apart from the workings of law, politics, and power. This Essay explores that premise in the context of Grand Canyon National Park. On the occasion of the Park’s 100th Anniversary, it examines how law — embedded in a political economy committed to rapid growth and development in the southwestern United States — facilitated the violent displacement of indigenous peoples and entrenched racialized inequalities in the surrounding region. It also explores law’s shortcomings in the context of sexual harassment and discrimination within the Park. The Essay concludes by suggesting …
Honoring Sally Jewell,
2020
University of Colorado Law School
The Belloni Decision: A Foundation For The Northwest Fisheries Cases, The National Tribal Sovereignty Movement, And An Understanding Of The Rule Of Law,
2020
University of Colorado Law School
The Belloni Decision: A Foundation For The Northwest Fisheries Cases, The National Tribal Sovereignty Movement, And An Understanding Of The Rule Of Law, Charles Wilkinson
Publications
Judge Belloni’s decision in United States v. Oregon, handed down a half-century ago, has been given short shrift by lawyers, historians, and other commentators on the modern revival of Indian treaty fishing rights in the Pacific Northwest. The overwhelming amount of attention has been given to Judge Boldt’s subsequent decision in United States v. Washington and the Passenger Vessel ruling by the Supreme Court affirming Judge Boldt. I’m one who has been guilty of that.
We now can see that United States v. Oregon was the breakthrough. In those early days, Judge Belloni showed deep understanding of the two …
Tribal Remedies, Exhaustion, And State Courts,
2020
University of Oklahoma College of Law
Tribal Remedies, Exhaustion, And State Courts, Pete Heidepriem
American Indian Law Review
No abstract provided.
“Thus In The Beginning All The World Was America”: The Effects Of Anti-Protest Legislation And An American Conquest Culture In Native Sacred Sites Cases,
2020
University of Oklahoma College of Law
“Thus In The Beginning All The World Was America”: The Effects Of Anti-Protest Legislation And An American Conquest Culture In Native Sacred Sites Cases, Elizabeth Hampton
American Indian Law Review
No abstract provided.
Winner, Best Appellate Brief In The 2020 Native American Law Student Association Moot Court Competition,
2020
University of Oklahoma College of Law
Winner, Best Appellate Brief In The 2020 Native American Law Student Association Moot Court Competition, Emily Dennan, Emily Mcevoy
American Indian Law Review
No abstract provided.
Oklahoma Indian Country: A Year In Review,
2020
University of Oklahoma College of Law
Oklahoma Indian Country: A Year In Review, Darla Jackson
Other Faculty Publications
No abstract provided.
Beyond The Belloni Decision: Sohappy V. Smith And The Modern Era Of Tribal Treaty Rights,
2020
University of Washington School of Law
Beyond The Belloni Decision: Sohappy V. Smith And The Modern Era Of Tribal Treaty Rights, Monte Mills
Articles
Indian tribes and their members are leading a revived political, legal, and social movement to protect the nation’s natural resources. In doing so, tribes and their allies employ many effective strategies but core to the movement are the historic promises made to tribes by the United States through treaties. Tribes are asserting treaty-protected rights, which the United States Constitution upholds as the supreme law of the land, to defend the resources on which they and their ancestors have relied for generations. Those claims have resulted in significant legal victories, igniting a broader movement in favor of tribal sovereignty and securing …
The Deliberative Dimensions Of Modern Environmental Assessment Law,
2020
Allard School of Law at the University of British Columbia
The Deliberative Dimensions Of Modern Environmental Assessment Law, Jocelyn Stacey
All Faculty Publications
Environmental assessment (EA) is a cornerstone of environmental law. It provides a legal framework for public decision making about major development projects with implications for environmental protection and the rights and title of Indigenous peoples. Despite significant literature supporting deliberation as the preferred mode of engagement with those affected by EA decisions, the specific legal demands of EA legislation remain undeveloped. This article suggests a legal foundation for deliberative environmental assessment. It argues that modern environmental assessment can be understood through three public law frames: procedural fairness, public inquiry, and framework for the duty to consult and accommodate. It further …
Rethinking 'Duty': The City Of Toronto, A Stretch Of The Humber River, And Indigenous-Municipal Relationships,
2020
Allard School of Law at the University of British Columbia
Rethinking 'Duty': The City Of Toronto, A Stretch Of The Humber River, And Indigenous-Municipal Relationships, Doug Anderson, Alexandra Flynn
All Faculty Publications
The nation-to-nation relationship between Indigenous peoples and cities remains largely unexplored in the Canadian context. This oversight is especially problematic in light of the significant percentage of Indigenous people who live in urban areas, and the many concerns that Indigenous and non-Indigenous peoples share. These shared concerns include the environment, land use, housing, social services, and much more, and modern municipalities do make attempts to address Indigenous-specific needs in these areas; but Indigenous-municipal relationships have implications that far exceed the technocratic and siloed ways in which Canadian systems generally approach these broad areas of concern - implications not only with …
Beyond The Belloni Decision: Sohappy V.Smith And The Modern Era Of Tribal Treaty Rights,
2020
Alexander Blewett III School of Law at the University of Montana
Beyond The Belloni Decision: Sohappy V.Smith And The Modern Era Of Tribal Treaty Rights, Monte Mills
Faculty Law Review Articles
Indian tribes and their members are leading a revived political, legal, and social movement to protect the nation’s natural resources. In doing so, tribes and their allies employ many effective strategies but core to the movement are the historic promises made to tribes by the United States through treaties. Tribes are asserting treaty protected rights, which the United States Constitution upholds as the supreme law of the land, to defend the resources on which they and their ancestors have relied for generations. Those claims have resulted in significant legal victories, igniting a broader movement in favor of tribal sovereignty and …
Front Pages,
2020
University of Oklahoma College of Law
The Court Of Indian Appeals: America’S Forgotten Federal Appellate Court,
2020
University of Oklahoma College of Law
The Court Of Indian Appeals: America’S Forgotten Federal Appellate Court, Chief Judge Gregory D. Smith, Bailee L. Plemmons
American Indian Law Review
No abstract provided.
The Cultural Property Conundrum: The Case For A Nationalistic Approach And Repatriation Of The Moai To The Rapa Nui,
2020
University of Oklahoma College of Law
The Cultural Property Conundrum: The Case For A Nationalistic Approach And Repatriation Of The Moai To The Rapa Nui, Annie Rischard Davis
American Indian Law Review
No abstract provided.
Cooking Food Customs In The Pot Of Self-Governance: How Food Sovereignty Is A Necessary Ingredient Of Tribal Sovereignty,
2020
University of Oklahoma College of Law
Cooking Food Customs In The Pot Of Self-Governance: How Food Sovereignty Is A Necessary Ingredient Of Tribal Sovereignty, Kate Ricart
American Indian Law Review
No abstract provided.
Analyzing The Implications Of The Supreme Court’S Holding In Herrera V. Wyoming,
2020
University of Oklahoma College of Law
Analyzing The Implications Of The Supreme Court’S Holding In Herrera V. Wyoming, Andrew Rader
American Indian Law Review
No abstract provided.
Fighting On Behalf Of The Salish Sea,
2019
Seattle University School of Law
Fighting On Behalf Of The Salish Sea, Cloie M. Chapman
American Indian Law Journal
Despite the wealth of data that suggests climate change will disrupt our ecosystems, key political actors have declined to take action to mitigate the anticipated effects. Further, we have seen deeper investment into the fossil fuel industry, an industry that has been a substantial contributor to climate change. Community-led movements have proven more successful in engaging with these issues on the ground. Creative legal strategies could aid in this movement and allow for strengthened enforcement of rights that are closely dependent on the health of the environment.
The Salish Sea is a body of water that reaches from Western Canada …
Green Means Go: Tribes Rush To Regulate Cannabis In Indian Country,
2019
Seattle University School of Law
Green Means Go: Tribes Rush To Regulate Cannabis In Indian Country, Julie Kim, Jessica Roberts
American Indian Law Journal
During the Obama administration, the United States Department of Justice (DOJ) issued a series of memos stating that the federal government would not interfere with state laws legalizing cannabis. The United States Attorney General later expressly extended this policy to Indian Country. As a result, tribes began debating potential advantages and disadvantages of participating in the cannabis market. Then, in January 2018, the DOJ rescinded the memos and publicly recommitted itself to prosecuting the possession, cultivation, and distribution of marijuana. Consequently, tribes should approach “The Green Rush” as an exercise of their sovereignty; when a tribe decides to legalize or …
