Towards An Anishinabe Research Paradigm: Theory And Practice.,
2018
Osgoode Hall Law School of York University
Towards An Anishinabe Research Paradigm: Theory And Practice., Deborah Mcgregor
Articles & Book Chapters
As this volume attests to, in recent years there has been a remarkable emergence of Indigenous research scholarship both internationally and within Canada. Indigenous theory, paradigms, and methods inform research practices which take on many forms, reflecting the diversity of Indigenous nations. Many scholars, Indigenous and non-Indigenous alike, have sought to decolonize past and current research approaches and advance Indigenous approaches and methods of research (Louis, 2007). Some more recent efforts have focused specifically on the revitalization of Indigenous research traditions (Archibald, 2008; Kovach, 2003; Wilson, 2008). Anishinaabe research is a form of reclaiming our stories and knowledge through personal …
Epilogue: Indigenous Research: Future Directions,
2018
Osgoode Hall Law School of York University
Epilogue: Indigenous Research: Future Directions, Deborah Mcgregor
Articles & Book Chapters
Indigenous research is often viewed as a novel and recently conceived research paradigm with the aim of explicitly and actively supporting the self-determination goals of Indigenous peoples (National Aboriginal Health Organization [NAHO], 2005). While it may be “new” to academia, engaging in Indigenous inquiry, along with its resultant knowledge production and mobilization, is actually far from new. Indigenous societies, like any autonomous and sovereign nations, required regularly updated knowledge to meet existing and emerging challenges. Indigenous peoples have thus been seeking knowledge to support their existence as peoples and nations for millennia (Absolon & Willet, 2004; Cardinal, 2001; Castellano, 2000; …
Originalism And Indians,
2018
University of Oklahoma College of Law
Originalism And Indians, M. Alexander Pearl
Faculty Articles
Indian tribes, in the context of US. constitutional theory, do not fit. They are an anomaly in American governmental structure. Tribal governments exist today within the constitutional framework of the United States only by virtue of acrobatic displays of rhetorical legal reasoning and mythologized interpretations of history. Originalist theory can provide a clear exit from the inconsistencies and inaccuracies underlying the foundation of federal Indian law. Typically, scholars embracing an originalist position are thought of as conservative. A conservative position is typically associated with opposition to tribal sovereignty. In contrast to those traditional views, I argue that an originalist view …
Responsible Resource Development: A Strategic Plan To Consider Social And Cultural Impacts Of Tribal Extractive Industry Development,
2018
University of Colorado Law School
Responsible Resource Development: A Strategic Plan To Consider Social And Cultural Impacts Of Tribal Extractive Industry Development, Carla F. Fredericks, Kate Finn, Erica Gajda, Jesse Heibel
Publications
This paper presents a strategic, solution-based plan as a companion to our recent article, Responsible Resource Development and Prevention of Sex Trafficking: Safeguarding Native Women and Children on the Fort Berthold Reservation, 40 Harv. J.L. Gender 1 (2017). As a second phase of our work to combat the issues of human trafficking and attendant drug abuse on the Mandan, Hidatsa and Arikara Nation (MHA Nation), we developed a strategic plan to better understand the time, scale, and capacity necessary to address the rising social problems accompanying the boom of oil and gas development there. During our process, we discovered, …
Rebuilding Trust? The Sand Creek Massacre And The Federal-Tribal Trust Relationship In Flute V. United States,
2018
University of Oklahoma College of Law
Rebuilding Trust? The Sand Creek Massacre And The Federal-Tribal Trust Relationship In Flute V. United States, Alexander Sokolosky
Oklahoma Law Review
No abstract provided.
Human Rights, Indigenous Peoples, And The Global Climate Crisis,
2018
University of Oklahoma College of Law
Human Rights, Indigenous Peoples, And The Global Climate Crisis, M. Alexander Pearl
Faculty Articles
The global climate crisis is an ongoing event the likes of which we have yet to experience. The science is clear, the phenomenon is traceable, and the effects are far-reaching. But, the consequences of the climate crisis affect particular populations more so than others, and often times the affected populations are voiceless. Among those most impacted are indigenous peoples. Indigenous peoples stand in a unique place in the context of climate change. In general, indigenous peoples have a comprehensive relationship with their place and surroundings, which incorporates culture, livelihood, economy, and a defining sense of self. Land and resources are …
A Human Right To Self-Government Over First Nation Child And Family Services And Beyond: Implications Of The Caring Society Case,
2018
Dalhousie University Schulich School of Law
A Human Right To Self-Government Over First Nation Child And Family Services And Beyond: Implications Of The Caring Society Case, Naiomi Metallic
Articles, Book Chapters, & Popular Press
On January 26, 2016, the Canadian Human Rights Tribunal (the “Tribunal”) released a watershed decision in a complaint spearheaded by the First Nations Child and Family Caring Society of Canada, headed by Dr. Cindy Blackstock, and the Assembly of First Nations (the “Caring Society” decision). The complaint alleged that Canada, through its Department of Indigenous and Northern Affairs (“INAC” or the “Department”), discriminates against First Nations children and families in the provision of child welfare services on reserve. In its decision, the Tribunal found that INAC’s design, management and control of child welfare services on reserve, along with its funding …
The Broad Implications Of The First Nation Caring Society Decision: Dealing A Death-Blow To The Current System Of Program Delivery On-Reserve & Clearing The Path To Self-Government,
2018
Dalhousie University Schulich School of Law
The Broad Implications Of The First Nation Caring Society Decision: Dealing A Death-Blow To The Current System Of Program Delivery On-Reserve & Clearing The Path To Self-Government, Naiomi Metallic
Articles, Book Chapters, & Popular Press
On January 26, 2016, the Canadian Human Rights Tribunal (the “Tribunal”) released a watershed decision in a complaint spearheaded by the First Nations Child and Family Caring Society of Canada, its Executive Director, Dr. Cindy Blackstock, and the Assembly of First Nations (the “Caring Society” decision). The complaint alleged that Canada, through its Department of Indigenous and Northern Affairs (“INAC” or the “Department”), discriminates against First Nations children and families in the provision of child welfare services on reserve. In its decision, the Tribunal found that INAC’s design, management and control of child welfare services on reserve, along with its …
A Human Right To Self-Government Over First Nation Child And Family Services And Beyond: Implications Of The Caring Society Case,
2018
Assistant Professor and Chancellor’s Chair in Aboriginal Law and Policy at the Schulich School of Law at Dalhousie University
A Human Right To Self-Government Over First Nation Child And Family Services And Beyond: Implications Of The Caring Society Case, Naiomi Metallic
Articles, Book Chapters, & Popular Press
English Abstract
On January 26, 2016, the Canadian Human Rights Tribunal (the “Tribunal”) released a watershed decision in a complaint spearheaded by the First Nations Child and Family Caring Society of Canada, headed by Dr. Cindy Blackstock, and the Assembly of First Nations (the “Caring Society” decision). The complaint alleged that Canada, through its Department of Indigenous and Northern Affairs (“INAC” or the “Department”), discriminates against First Nations children and families in the provision of child welfare services on reserve. In its decision, the Tribunal found that INAC’s design, management and control of child welfare services on reserve, along with …
Revisiting Seminole Rock,
2018
Notre Dame Law School
Revisiting Seminole Rock, Jeffrey A. Pojanowski
Journal Articles
The rule that reviewing courts must defer to agencies’ interpretations of their own regulations has come under scrutiny in recent years. Critics contend that this doctrine, often associated with the 1997 Supreme Court decision Auer v. Robbins, violates the separation of powers, gives agencies perverse regulatory incentives, and undermines the judiciary’s duty to say what the law is.
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/="/">This essay offers a different argument as to why Auer is literally and prosaically bad law. Auer deference appears to be grounded on a misunderstanding of its originating case, the 1945 decision Bowles v. Seminole Rock. A closer look at …
Front Pages,
2018
University of Oklahoma College of Law
The Misuse Of History In Dismissing Six Nations Confederacy Land Claims,
2018
University of Oklahoma College of Law
The Misuse Of History In Dismissing Six Nations Confederacy Land Claims, Curtis G. Berkey, Alexandra C. Page, Lindsay G. Robertson
American Indian Law Review
No abstract provided.
How The Trump Administration Can Inform Its Indian Land Policies In Light Of Historical Breakdowns,
2018
University of Oklahoma College of Law
How The Trump Administration Can Inform Its Indian Land Policies In Light Of Historical Breakdowns, Shae Weathersbee
American Indian Law Review
No abstract provided.
Welcome To The Mvskoke Reservation: Murphy V. Royal, Criminal Jurisdiction, And Reservation Diminishment In Indian Country,
2018
University of Oklahoma College of Law
Welcome To The Mvskoke Reservation: Murphy V. Royal, Criminal Jurisdiction, And Reservation Diminishment In Indian Country, Calandra Mccool
American Indian Law Review
No abstract provided.
Tribal Cannabis: Solution To Oklahoma Public Education Underfunding,
2018
University of Oklahoma College of Law
Tribal Cannabis: Solution To Oklahoma Public Education Underfunding, Kaimbri White
American Indian Law Review
No abstract provided.
How The Ninth Circuit Severed The Indian Civil Rights Act From Federal Habeas Corpus Precedent Under The Guise Of Tribal Sovereignty,
2018
University of Oklahoma College of Law
How The Ninth Circuit Severed The Indian Civil Rights Act From Federal Habeas Corpus Precedent Under The Guise Of Tribal Sovereignty, Morgan Medders
American Indian Law Review
No abstract provided.
Murphy V. Royal: Crime And Procedure,
2018
University of Oklahoma College of Law
Murphy V. Royal: Crime And Procedure, Kevin Cartwright
American Indian Law Review
No abstract provided.
Winner, Best Appellate Brief In The 2018 Native American Law Student Association Moot Court Competition,
2018
University of Oklahoma College of Law
Winner, Best Appellate Brief In The 2018 Native American Law Student Association Moot Court Competition, Lianne T. Chung, Nicholas Ernst
American Indian Law Review
No abstract provided.
Front Pages,
2018
University of Oklahoma College of Law
Traditional Jurisprudence And Protection Of Our Society: A Jurisgenerative Tail,
2018
University of Oklahoma College of Law
Traditional Jurisprudence And Protection Of Our Society: A Jurisgenerative Tail, Gregory H. Bigler
American Indian Law Review
No abstract provided.
