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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 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, …


Human Rights, Indigenous Peoples, And The Global Climate Crisis, M. Alexander Pearl 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 …


Republication And Translation Of 1998 Introduction And Welcome, Robert Yazzie, Navajo Nation 2018 Chief Justice of the Navajo Nation

Republication And Translation Of 1998 Introduction And Welcome, Robert Yazzie, Navajo Nation

Tribal Law Journal

In 1998, for the first volume of the Tribal Law Journal, Former Chief Justice Robert Yazzie, Navajo Nation, was asked to submit an introduction and welcome for the Tribal Law Journal.

In his Introduction and Welcome, he details how the Tribal Law Journal will further the understanding of the internal laws of Indian nations, along with those of indigenous nations throughout the world. He emphasizes that this Journal will be a place for native voices to be heard and will allow others to speak with the tribes.

In effort to integrate native languages into the Tribal Law Journal, the Tribal …


Views From A Tribal Court: How The Indian Civil Rights Act Led To Civil Rights Violations, Anne Bruno 2018 University of New Mexico

Views From A Tribal Court: How The Indian Civil Rights Act Led To Civil Rights Violations, Anne Bruno

Tribal Law Journal

This article examines the implications of the Indian Civil Rights Act (ICRA), and its impact on one tribe in New Mexico. The article first discusses the development of the ICRA and its subsequent effect on individual rights and tribal nation’s responsibilities when handling criminal offenses in tribal courts. Second, the article provides some historical context and background of pueblo Indian communities in New Mexico as a prelude to providing observations that were made of one specific Pueblo’s Contemporary Tribal Court. Third, the article provides a detailed glimpse into the procedures that were followed during six criminal arraignments: focusing on the …


Standing Rock, The Sioux Treaties, And The Limits Of The Supremacy Clause, Carla F. Fredericks, Jesse D. Heibel 2018 University of Colorado Law School

Standing Rock, The Sioux Treaties, And The Limits Of The Supremacy Clause, Carla F. Fredericks, Jesse D. Heibel

Publications

The controversy surrounding the Dakota Access Pipeline (“DAPL”) has put the peaceful plains of North Dakota in the national and international spotlight, drawing thousands of people to the confluence of the Missouri and Cannonball Rivers outside of Standing Rock Sioux Reservation for prayer and peaceful protest in defense of the Sioux Tribes’ treaties, lands, cultural property, and waters. Spanning over 7 months, including the harsh North Dakota winter, the gathering was visited by indigenous leaders and communities from around the world and represents arguably the largest gathering of indigenous peoples in the United States in more than 100 years.

At …


"At Bears Ears We Can Hear The Voices Of Our Ancestors In Every Canyon And On Every Mesa Top": The Creation Of The First Native National Monument, Charles Wilkinson 2018 University of Colorado Law School

"At Bears Ears We Can Hear The Voices Of Our Ancestors In Every Canyon And On Every Mesa Top": The Creation Of The First Native National Monument, Charles Wilkinson

Publications

No abstract provided.


Public Lands, Conservation, And The Possibility Of Justice, Sarah Krakoff 2018 University of Colorado Law School

Public Lands, Conservation, And The Possibility Of Justice, Sarah Krakoff

Publications

On December 28, 2016, President Obama issued a proclamation designating the Bears Ears National Monument pursuant to his authority under the Antiquities Act of 1906, which allows the President to create monuments on federal public lands. Bears Ears, which is located in the heart of Utah’s dramatic red rock country, contains a surfeit of ancient Puebloan cliff-dwellings, petroglyphs, pictographs, and archeological artifacts. The area is also famous for its paleontological finds and its desert biodiversity. Like other national monuments, Bears Ears therefore readily meets the statutory objective of preserving “historic and prehistoric structures, and other objects of historic or scientific …


To Sue And Be Sued: Capacity And Immunity Of American Indian Nations, Richard B. Collins 2018 University of Colorado Law School

To Sue And Be Sued: Capacity And Immunity Of American Indian Nations, Richard B. Collins

Publications

Can American Indian nations sue and be sued in federal and state courts? Specific issues are whether tribes have corporate capacity to sue, whether a Native group has recognized status as a tribe, and whether and to what extent tribes and their officers have governmental immunity from suit. Tribal capacity to sue is now well established, and federal law has well-defined procedures and rules for tribal recognition. But tribal sovereign immunity is actively disputed.

This Article reviews retained tribal sovereignty in general and summarizes past contests over tribal capacity to sue and their resolution into today’s settled rule. Next is …


Revisiting Seminole Rock, Jeffrey A. Pojanowski 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.
/="/">
/="/">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 …


How The Trump Administration Can Inform Its Indian Land Policies In Light Of Historical Breakdowns, Shae Weathersbee 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.


Tribal Cannabis: Solution To Oklahoma Public Education Underfunding, Kaimbri White 2018 University of Oklahoma College of Law

Tribal Cannabis: Solution To Oklahoma Public Education Underfunding, Kaimbri White

American Indian Law Review

No abstract provided.


Traditional Jurisprudence And Protection Of Our Society: A Jurisgenerative Tail, Gregory H. Bigler 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.


Extending Tribal Criminal Jurisdiction Outside Of Indian Country: Kelsey V. Pope, Greg S. Keogh 2018 University of Oklahoma College of Law

Extending Tribal Criminal Jurisdiction Outside Of Indian Country: Kelsey V. Pope, Greg S. Keogh

American Indian Law Review

No abstract provided.


“Dramatically Altered The Legal Landscape”? City Of Sherrill V. Oneida Indian Nation In The Lower Courts, Samuel Pokross 2018 University of Oklahoma College of Law

“Dramatically Altered The Legal Landscape”? City Of Sherrill V. Oneida Indian Nation In The Lower Courts, Samuel Pokross

American Indian Law Review

No abstract provided.


Indian Country And The Territory Clause: Washington's Promise At The Framing, John Hayden Dossett 2018 Northwestern School of Law of Lewis & Clark

Indian Country And The Territory Clause: Washington's Promise At The Framing, John Hayden Dossett

American University Law Review

No abstract provided.


Rebuilding Trust? The Sand Creek Massacre And The Federal-Tribal Trust Relationship In Flute V. United States, Alexander Sokolosky 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.


Shooting Down Oliphant: Self-Defense As An Answer To Crime In Indian Country, Adam Crepelle 2018 Southern University Law Center

Shooting Down Oliphant: Self-Defense As An Answer To Crime In Indian Country, Adam Crepelle

Lewis & Clark Law Review

Crime is a dire public safety problem in Indian country as Indians suffer violent crime at twice the rate of any other racial group. Indian country’s unique and confusing jurisdictional scheme combined with a shortage of police leave Indians easy targets for those looking to commit crimes. A largely unexplored answer to crime in Indian country is self-defense. This Article posits that the United States self-defense jurisprudence may make self-defense the most practical solution to crime in some parts of Indian country.

The Article discusses the history of self-defense laws and the relationship between self-defense laws and firearms. The Article …


Front Pages, 2018 University of Oklahoma College of Law

Front Pages

American Indian Law Review

No abstract provided.


The Misuse Of History In Dismissing Six Nations Confederacy Land Claims, Curtis G. Berkey, Alexandra C. Page, Lindsay G. Robertson 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.


Welcome To The Mvskoke Reservation: Murphy V. Royal, Criminal Jurisdiction, And Reservation Diminishment In Indian Country, Calandra McCool 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.


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