Sports Betting And Indian Gaming: Should Tribal Casinos Get In The Game?,
2019
University of North Dakota
Sports Betting And Indian Gaming: Should Tribal Casinos Get In The Game?, Kathryn R. L. Rand, Steven Andrew Light
Law Faculty Publications
No abstract provided.
Beyond Vawa: Protecting Native Women From Sexual Violence Within Existing Tribal Jurisdictional Structures,
2019
University of Colorado Law School
Beyond Vawa: Protecting Native Women From Sexual Violence Within Existing Tribal Jurisdictional Structures, Jessica Allison
University of Colorado Law Review
One in three American Indian women will be raped in her lifetime. This rampant assault is only exacerbated by the fact that tribes have not been able to prosecute non- Indians for any crime, including rape, since the 1970s. The Violence Against Women Reauthorization Act of 2013 took a small step toward filling this jurisdictional hole by creating provisions under which tribes can prosecute certain non- Indian defendants for a limited set of sexual violence crimes. However, VAWA is not enough to protect Indian women from the astronomical rates of violence they experience. This Comment explores mechanisms used by tribes …
Native American Voting Rights: Two Steps Forward, One Step Back,
2019
American University Washington College of Law
Native American Voting Rights: Two Steps Forward, One Step Back, Patrick Roche
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Cultural Appropriation Of Traditional Garment Designs In The Post-Star Athletica Era,
2019
Benjamin N. Cardozo School of Law
Cultural Appropriation Of Traditional Garment Designs In The Post-Star Athletica Era, Sahara F. Farzaneh
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Proceedings Of Expert Forum On First Nations Social Assistance Reform, September 3, 2019,
2019
Assistant Professor and Chancellor’s Chair in Aboriginal Law and Policy at the Schulich School of Law at Dalhousie University
Proceedings Of Expert Forum On First Nations Social Assistance Reform, September 3, 2019, Naiomi Metallic, Fred Wien
Articles, Book Chapters, & Popular Press
Social assistance, whether directed to the mainstream population or to First Nations, is not – according to Forum participants -- a sexy topic. Specifically, with respect to First Nation persons living on reserve in Canada, it has been largely a neglected field except for those directly responsible for administering it. Despite its substantive importance, it has not received a lot of attention from the academic research community, for example, nor is it usually near the top of the list of priorities for political leaders and governments.
Why is this the case? Perhaps it has to do with the history of …
Call For Inputs: Climate Change And Human Rights: A Safe Climate,
2019
Schulich School of Law and Marine & Environmental Law Institute, Dalhousie University
Call For Inputs: Climate Change And Human Rights: A Safe Climate, Sara L. Seck, Lisa Benjamin
Articles, Book Chapters, & Popular Press
There is now global agreement that human rights norms apply to the full spectrum of environmental issues, including climate change. The previous Special Rapporteur on human rights and the environment, Mr. John Knox, developed Framework Principles on Human Rights and the Environment that set forth three sets of duties that engage both States and businesses: procedural obligations; substantive obligations; and obligations relating to those in vulnerable situations.
The current Special Rapporteur on human rights and the environment, Mr. David Boyd, is working to provide additional clarity regarding the substantive obligations relating to a range of elements that are essential to …
Ending Piecemeal Recognition Of Indigenous Nationhood And Jurisdiction: Returning To Rcap’S Aboriginal Nation Recognition And Government Act,
2019
Assistant Professor and Chancellor’s Chair in Aboriginal Law and Policy at the Schulich School of Law at Dalhousie University
Ending Piecemeal Recognition Of Indigenous Nationhood And Jurisdiction: Returning To Rcap’S Aboriginal Nation Recognition And Government Act, Naiomi Metallic
Articles, Book Chapters, & Popular Press
Most Indigenous groups in Canada are not self-governing. While the last two decades have seen an increase in laws and policies that provide some Indigenous groups greater control over their territories and citizens, overall these have been ineffective in achieving transformative change. What has transpired in Canada over the last twenty years can be characterized as ‘piecemeal recognition’—discrete recognition of Indigenous control here and there in a case, policy or statute—and implemented in a patchwork fashion. In 1996 the Royal Commission on Aboriginal Peoples report advanced a very reasonable proposal for national legislation recognizing the right of Indigenous peoples to …
Celebrating 30 Years Of The Indigenous Blacks & Mi’Kmaq Initiative: How The Creation Of A Critical Mass Of Black And Aboriginal Lawyers Is Making A Difference In Nova Scotia,
2019
Assistant Professor and Chancellor’s Chair in Aboriginal Law and Policy at the Schulich School of Law at Dalhousie University
Celebrating 30 Years Of The Indigenous Blacks & Mi’Kmaq Initiative: How The Creation Of A Critical Mass Of Black And Aboriginal Lawyers Is Making A Difference In Nova Scotia, Naiomi Metallic
Articles, Book Chapters, & Popular Press
Drawing on my own experience as alumni of the Indigenous Blacks & Mi’kmaq Initiative at the Schulich School of Law at Dalhousie University—one of the only dedicated access program in a Canadian law school for Black and Aboriginal students—I argue that such programs create optimal conditions for fostering greater awareness of critical race issues within the legal profession. The reason for this is that such programs create a critical mass of Black and Aboriginal law students and alumni, who support and encourage each other and, as a result, acquire confidence and skill in raising, and educating others about, critical race …
The Intersection Of Indigenous Public Health With Law And Policy In Canada,
2019
Schulich School of Law, Dalhousie University
The Intersection Of Indigenous Public Health With Law And Policy In Canada, Constance Macintosh
Articles, Book Chapters, & Popular Press
This chapter presents an overview of the law, policy and governance practices that are most directly implicated in the population health of Indigenous people who reside in Canada. The first section provides a general description of the socio-legal categories that are drawn upon in health policy, programming and legislation regarding Indigenous peoples. It briefly describes roles in funding and delivering community health services and programming, as well as disputes about responsibilities and some shortcomings.
The second section provides an overview of the population health status of Indigenous peoples. Epidemiological data is presented, and select social determinants of health are also …
Reclaiming The Navajo Range: Resolving The Conflict Between Grazing Rights And Development,
2019
American University Washington College of Law
Reclaiming The Navajo Range: Resolving The Conflict Between Grazing Rights And Development, Ezra Rosser
Scholarly Articles in Law Reviews & Journals
Grazing is fundamental to Navajo identity, yet management of the Navajo range remains highly problematic. This Essay connects the federal government's devastating livestock reduction effort of the 1930s with the inability of the Navajo Nation to place meaningful limits on grazing and the power of grazing permittees. It argues that the Navajo Nation should consider reasserting the tribe's traditional understanding that property rights depend on use as a way to create space for reservation development.
The Promise And Pitfalls Of C-92: An Act Respecting First Nations, Inuit, And Métis Children, Youth And Families,
2019
Assistant Professor and Chancellor’s Chair in Aboriginal Law and Policy at the Schulich School of Law at Dalhousie University
The Promise And Pitfalls Of C-92: An Act Respecting First Nations, Inuit, And Métis Children, Youth And Families, Naiomi Metallic, Hadley Friedland, Sarah Morales
Reports & Public Policy Documents
On June 21, 2019, Bill C-92 An Act Respecting First Nations, Inuit and Métis Children, Youth and Families became law. The Bill is a huge and unprecedented step forward in Canada. It is the first time the federal government has exercised its jurisdiction to legislate in the area of Indigenous child welfare.
In this article, we identify both the improvements in Bill C-92 since our last report as well as key problems that remain in the five following areas: 1) National Standards 2) Jurisdiction 3) Funding 4) Accountability 5) Data Collection We also suggest strategies to assist Indigenous communities in …
Traditional Ecological Knowledge In Environmental Decisionmaking,
2019
University of Maine School of Law
Traditional Ecological Knowledge In Environmental Decisionmaking, Anthony Moffa
Faculty Publications
Traditional ecological knowledge (TEK) is defined as a deep understanding of the environment developed by local communities and indigenous peoples over generations. In the United States, Canada, and around the world, indigenous peoples are increasingly advocating for incorporation of TEK into a range of environmental decisionmaking contexts, including natural resource and wildlife management, pollution standards, environmental and social planning, environmental impact assessment, and adaptation to climate change. On October 31, 2018, ELI hosted an expert panel on TEK, co-sponsored by the National Native American Bar Association and the American Bar Association Section of Environment, Energy, and Resources. The panel discussed …
Front Pages,
2019
University of Oklahoma College of Law
California Indian Tribes And The Marine Life Protection Act: The Seeds Of A Partnership To Preserve Natural Resources,
2019
University of Oklahoma College of Law
California Indian Tribes And The Marine Life Protection Act: The Seeds Of A Partnership To Preserve Natural Resources, Curtis G. Berkey, Scott W. Williams
American Indian Law Review
No abstract provided.
The Opioid Crisis In Indian Country: The Impact Of Tribal Jurisdiction And The Role Of The Exhaustion Doctrine,
2019
University of Oklahoma College of Law
The Opioid Crisis In Indian Country: The Impact Of Tribal Jurisdiction And The Role Of The Exhaustion Doctrine, Matt Irby
American Indian Law Review
No abstract provided.
Internet Gaming On & Off Tribal Lands,
2019
University of Oklahoma College of Law
Internet Gaming On & Off Tribal Lands, Logan Blackmore
American Indian Law Review
No abstract provided.
Digging Deeper To Protect Tribal Property Interests: United States V. Osage Wind, Llc,
2019
University of Oklahoma College of Law
Digging Deeper To Protect Tribal Property Interests: United States V. Osage Wind, Llc, Allison B. Christian
American Indian Law Review
No abstract provided.
Overlooking Canon: How The Alabama Supreme Court Used A Footnote To Disregard Tribal Sovereign Immunity In Wilkes V. Pci Gaming Authority,
2019
University of Oklahoma College of Law
Overlooking Canon: How The Alabama Supreme Court Used A Footnote To Disregard Tribal Sovereign Immunity In Wilkes V. Pci Gaming Authority, Ridge Howell
American Indian Law Review
No abstract provided.
“Perhaps Congress Would, Perhaps Congress Should”—Why Match-E-Be-Nash-She-Wish Band Of Pottawatomi Indians V. Patchak And Carcieri V. Salazar Must Be Legislatively Overridden To Protect The Ira Trust Acquisition Authority,
2019
University of Oklahoma College of Law
“Perhaps Congress Would, Perhaps Congress Should”—Why Match-E-Be-Nash-She-Wish Band Of Pottawatomi Indians V. Patchak And Carcieri V. Salazar Must Be Legislatively Overridden To Protect The Ira Trust Acquisition Authority, Kendall Mccoy
American Indian Law Review
No abstract provided.
Winner, Best Appellate Brief In The 2019 Native American Law Student Association Moot Court Competition,
2019
University of Oklahoma College of Law
Winner, Best Appellate Brief In The 2019 Native American Law Student Association Moot Court Competition, Chelsea Minuche, Claire Postman
American Indian Law Review
No abstract provided.
