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Indigenous, Indian, and Aboriginal Law Commons™

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All Articles in Indigenous, Indian, and Aboriginal Law

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13,883 full-text articles. Page 76 of 125.

Imaginary Lines, Real Consequences: The Effect Of The Militarization Of The United States-Mexico Border On Indigenous Peoples, Joseph Kowalski 2017 University of the Pacific McGeorge School of Law

Imaginary Lines, Real Consequences: The Effect Of The Militarization Of The United States-Mexico Border On Indigenous Peoples, Joseph Kowalski

American Indian Law Journal

No abstract provided.


Making It Work: Tribal Innovation, State Reaction, And The Future Of Tribes As Regulatory Laboratories, Katherine Florey 2017 University of Washington School of Law

Making It Work: Tribal Innovation, State Reaction, And The Future Of Tribes As Regulatory Laboratories, Katherine Florey

Washington Law Review

This Article examines a growing phenomenon: even as the Supreme Court has steadily contracted the scope of tribes’ regulatory authority, many tribes have in recent years passed innovative laws and ordinances, often extending well beyond any comparable initiatives at the state or local level. Recently, for example, the Navajo Nation passed a comprehensive taxation scheme designed to discourage the consumption of unhealthy food items and to subsidize the purchase of healthy ones—a scheme far more ambitious than the soda tax efforts that have stalled in many cities and states. Likewise, amid national controversy over marijuana legalization, the Flandreau Santee Sioux …


Tribal Jurisdiction—A Historical Bargain, Matthew L.M. Fletcher, Leah Jurss 2017 University of Maryland Francis King Carey School of Law

Tribal Jurisdiction—A Historical Bargain, Matthew L.M. Fletcher, Leah Jurss

Maryland Law Review

No abstract provided.


Untangling The Court’S Sovereignty Doctrine To Allow For Greater Respect Of Tribal Authority In Addressing Domestic Violence, Lauren Oppenheimer 2017 University of Maryland Francis King Carey School of Law

Untangling The Court’S Sovereignty Doctrine To Allow For Greater Respect Of Tribal Authority In Addressing Domestic Violence, Lauren Oppenheimer

Maryland Law Review

No abstract provided.


Traditional Ecological Disclosure: How The Freedom Of Information Act Frustrates Tribal Natural Resource Consultation With Federal Agencies, Sophia E. Amberson 2017 University of Washington School of Law

Traditional Ecological Disclosure: How The Freedom Of Information Act Frustrates Tribal Natural Resource Consultation With Federal Agencies, Sophia E. Amberson

Washington Law Review

When a federal or state agency administers environmental laws, such as the Endangered Species Act, the agency often consults with tribes. During these consultations, tribes often disseminate traditional ecological knowledge (TEK)—knowledge acquired by a tribe that is a mix of environmental ethics and scientific knowledge about tribal use. However, these consultations may be susceptible to disclosure under the Freedom of Information Act (FOIA). The purpose of FOIA is to inform the public. Because TEK often contains sensitive information about tribal social, cultural, psychological, and economic factors, tribes do not want this information available to those who are not members of …


Land Regime Choice In Close-Knit Communities: The Case Of The First Nations Land Management Act, Malcolm Lavoie, Moira Lavoie 2017 University of Alberta

Land Regime Choice In Close-Knit Communities: The Case Of The First Nations Land Management Act, Malcolm Lavoie, Moira Lavoie

Osgoode Hall Law Journal

Land interests on Canadian First Nations reserves have long been governed by the rigid and paternalistic provisions of the federal Indian Act, which require the permission of the federal Minister of Indigenous Affairs for even relatively minor land transactions. Yet an increasing number of First Nations have taken advantage of the 1999 First Nations Land Management Act (FNLMA), which allows First Nations to adopt a custom land code that replaces most of the reserve land provisions of the Indian Act in their community. This paper seeks to examine how First Nation communities have chosen to exercise their powers under this …


Tsirik - Fold The Leaves So That Others May Be Guided: A Study Of How The Bribri Women Are Preserving Their Culture To Ensure A Sustainable Future For Their Community, Emily R. Blau 2017 SIT Graduate Institute

Tsirik - Fold The Leaves So That Others May Be Guided: A Study Of How The Bribri Women Are Preserving Their Culture To Ensure A Sustainable Future For Their Community, Emily R. Blau

Capstone Collection

Bananas are one of Costa Rica’s largest exports, along with coffee, palm oil, and cocoa. The banana plantations are large-scale, are most often run by multinational companies, and are considered to be run as enclave economies (Equal Exchange, 2016). This monoculture crop production has been globally accused of human rights abuses said to include, but not be limited to, violating the rights of indigenous people and loss in culture and tradition. For this paper, I studied the effects that large-scale agricultural corporations have on the BriBri, a matriarchal and indigenous group who live on the Caribbean coast of Costa Rica. …


Respecting The “Guardians Of Nature:” Chile’S Violations Of The Diaguita Indigenous People’ Environmental And Human Rights And The Need To Enforce Obligations To Obtain Free, Prior, And Informed Consent, Cynthia Vel 2017 Seattle University School of Law

Respecting The “Guardians Of Nature:” Chile’S Violations Of The Diaguita Indigenous People’ Environmental And Human Rights And The Need To Enforce Obligations To Obtain Free, Prior, And Informed Consent, Cynthia Vel

American Indian Law Journal

No abstract provided.


Preservation Over Profits: The Conflicting Interest Of Hickory Ground And Exploring Options For Preserving The Sacred Parcel, Ashley Ray 2017 Seattle University School of Law

Preservation Over Profits: The Conflicting Interest Of Hickory Ground And Exploring Options For Preserving The Sacred Parcel, Ashley Ray

American Indian Law Journal

No abstract provided.


A Voice In The Storm: Tribal Consultation In The Wake Of The Sandy Recovery Improvement Act Of 2013, Elizabeth S. Leemon 2017 Seattle University School of Law

A Voice In The Storm: Tribal Consultation In The Wake Of The Sandy Recovery Improvement Act Of 2013, Elizabeth S. Leemon

American Indian Law Journal

No abstract provided.


“Give Them A Dam Break!” Protecting The Ngäbe Buglé Community Of Panama With Clean Development Mechanism Safeguards To Promote Culturally Sensitive Development, Cindy Campbell 2017 Seattle University School of Law

“Give Them A Dam Break!” Protecting The Ngäbe Buglé Community Of Panama With Clean Development Mechanism Safeguards To Promote Culturally Sensitive Development, Cindy Campbell

American Indian Law Journal

No abstract provided.


Tribal Trustees In Climate Crisis, Mary Christina Wood 2017 Seattle University School of Law

Tribal Trustees In Climate Crisis, Mary Christina Wood

American Indian Law Journal

No abstract provided.


August 2012 – August 2013 Case Law On American Indians, Thomas P. Schlosser 2017 Seattle University School of Law

August 2012 – August 2013 Case Law On American Indians, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.


I’Ll Take The Benefits If You Pay The Costs: Weighing The Equities Of Public And Private Funding Sources For Hydroelectric Dam Decommissioning, Dominique R. Scalia 2017 Seattle University School of Law

I’Ll Take The Benefits If You Pay The Costs: Weighing The Equities Of Public And Private Funding Sources For Hydroelectric Dam Decommissioning, Dominique R. Scalia

American Indian Law Journal

No abstract provided.


Tribal Family Law Clients: A Practitioner’S Guide To Best Serve Your Client In Child Support Proceedings, Jerry Ford 2017 Seattle University School of Law

Tribal Family Law Clients: A Practitioner’S Guide To Best Serve Your Client In Child Support Proceedings, Jerry Ford

American Indian Law Journal

No abstract provided.


The Jay Treaty Free Passage Right In Theory And Practice, Caitlin C.M. Smith 2017 Seattle University School of Law

The Jay Treaty Free Passage Right In Theory And Practice, Caitlin C.M. Smith

American Indian Law Journal

No abstract provided.


Defining The Contours Of The Infringement Test In Cases Involving The State Taxation Of Non-Indians A Half-Century After Williams V. Lee, Nathan Quigley 2017 Seattle University School of Law

Defining The Contours Of The Infringement Test In Cases Involving The State Taxation Of Non-Indians A Half-Century After Williams V. Lee, Nathan Quigley

American Indian Law Journal

No abstract provided.


Sovereignty, Safety, And Security: Tribal Governments Under The Stafford And Homeland Security Acts, Heidi K. Adams 2017 Seattle University School of Law

Sovereignty, Safety, And Security: Tribal Governments Under The Stafford And Homeland Security Acts, Heidi K. Adams

American Indian Law Journal

No abstract provided.


Of Whaling, Judicial Fiats, Treaties And Indians: The Makah Saga Continues, Jeremy Stevens 2017 Seattle University School of Law

Of Whaling, Judicial Fiats, Treaties And Indians: The Makah Saga Continues, Jeremy Stevens

American Indian Law Journal

No abstract provided.


“Indians, In A Jurisdictional Sense”: Tribal Citizenship And Other Forms Of Non-Indian Consent To Tribal Criminal Jurisdiction, Paul Spruhan 2017 Seattle University School of Law

“Indians, In A Jurisdictional Sense”: Tribal Citizenship And Other Forms Of Non-Indian Consent To Tribal Criminal Jurisdiction, Paul Spruhan

American Indian Law Journal

No abstract provided.


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