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, …
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 …
Republication And Translation Of 1998 Introduction And Welcome,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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
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.
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.
