Open Access. Powered by Scholars. Published by Universities.®

Indigenous, Indian, and Aboriginal Law Commons

Open Access. Powered by Scholars. Published by Universities.®

13,877 Full-Text Articles 3,535 Authors 3,736,971 Downloads 139 Institutions

All Articles in Indigenous, Indian, and Aboriginal Law

Faceted Search

13,877 full-text articles. Page 76 of 125.

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.


Tribal Supreme Court Project: Ten Year Report, Richard Guest 2017 Seattle University School of Law

Tribal Supreme Court Project: Ten Year Report, Richard Guest

American Indian Law Journal

No abstract provided.


Res Extra Commercium And The Barriers Faced When Seeking The Repatriation And Return Of Potent Cultural Objects, Sara Gwendolyn Ross 2017 Seattle University School of Law

Res Extra Commercium And The Barriers Faced When Seeking The Repatriation And Return Of Potent Cultural Objects, Sara Gwendolyn Ross

American Indian Law Journal

No abstract provided.


Brief For The Council Of University Presidents On Legislative Council V Martinez As Amicus Curiae, No. S-1-Sc-36422, Kevin Washburn 2017 University of New Mexico - School of Law

Brief For The Council Of University Presidents On Legislative Council V Martinez As Amicus Curiae, No. S-1-Sc-36422, Kevin Washburn

Faculty Scholarship

On April 7, 2017, the Governor exercised an extraordinary line-item veto of portions of the Fiscal Year 2018 appropriation bill eliminating all funding for the Legislature and for higher education in New Mexico. Governor's House Executive Message No. 56 (April 7, 2017), Petitioner's Exhibit D, at 3-7. Amici have a fiduciary responsibility to their institutions to advocate for a resolution quickly to mitigate the many harms caused by this budget crisis. CUP takes no position on the outcome of this action, but Amici do request that this case be decided expeditiously so that other constitutional actors do not waste time …


Ties Of Separation: Analogy And Generational Segregation In North America, Australia, And Israel/Palestine, Hedi Viterbo 2017 Brooklyn Law School

Ties Of Separation: Analogy And Generational Segregation In North America, Australia, And Israel/Palestine, Hedi Viterbo

Brooklyn Journal of International Law

This article takes analogy as both its mode and object of inquiry, to canvas the relationship between historical-geographical analogies and generational segregation (the large-scale separation of children and adults) from three complementary perspectives. First, due to restrictions recently introduced by the Israeli authorities, Palestinian prisoners have been prevented from reading popular study materials dealing with both Indigenous child removal and analogies concerning settler-indigenous relations in North America and Australia. This article revives the critical potential of this encounter with analogies and accounts by asserting an analogy between the removal of indigenous children to boarding schools in the United States and …


Putting An End To The Silence: Educating Society About The Canadian Residential School System, Jamie Lee Kuhl 2017 Wilfrid Laurier University

Putting An End To The Silence: Educating Society About The Canadian Residential School System, Jamie Lee Kuhl

Bridges: An Undergraduate Journal of Contemporary Connections

This paper advocates for the increased education of Canadian society regarding the Indian Residential School System. Many Canadian’s tend to be uninformed on the history of the schools and as a result risk subjecting Aboriginal peoples to further harm. The contents of this paper demonstrates by informing all Canadian citizens of the truth regarding the assimilative schools and their enduring legacy on Aboriginal peoples, several benefits can occur. Specifically, through revealing the truth regarding the residential schools, healing becomes possible for victims, over-representation within the criminal justice system can be better understood as well as addressed, and future harm can …


What The Future Holds: The Changing Landscape Of Federal Indian Policy, Kevin Washburn 2017 University of New Mexico - School of Law

What The Future Holds: The Changing Landscape Of Federal Indian Policy, Kevin Washburn

Faculty Scholarship

Since first described by Chief Justice John Marshall, the United States has been deemed to have a moral and legal “trust responsibility” to the American Indian tribal nations that gave way so that the United States could exist. For nearly two centuries, the trust responsibility reflected a paternalistic view toward Indian tribes. As the United States has developed a more enlightened policy characterized by greater respect for “tribal self-governance,” tribal governments have experienced a renaissance. Federal policy has moved away from federal control and toward tribal empowerment. As a result, the trust responsibility’s paternalistic features have come to seem anachronistic, …


Digital Commons powered by bepress