A Legal Practitioner's Guide To Indian And Tribal Law Research,
2017
Seattle University School of Law
A Legal Practitioner's Guide To Indian And Tribal Law Research, Kelly Kunsch
American Indian Law Journal
No abstract provided.
Money Is For Nothing: The Inherent Want Of Consideration Found In Substantial Exclusivity Terms Within Tribal-State Compacts,
2017
University of Idaho College of Law
Money Is For Nothing: The Inherent Want Of Consideration Found In Substantial Exclusivity Terms Within Tribal-State Compacts, Paul C. Alexander Ii
American Indian Law Journal
No abstract provided.
A Silent Epidemic: Revisiting The 2013 Reauthorization Of The Violence Against Women Act To Better Protect American Indian Native Women,
2017
Lewis and Clark Law School
A Silent Epidemic: Revisiting The 2013 Reauthorization Of The Violence Against Women Act To Better Protect American Indian Native Women, Rory Flay
American Indian Law Journal
No abstract provided.
Complex Adaptive Peacemaking: How Systems Theory Reveals Advantages Of Traditional Tribal Dispute Resolution,
2017
University of Denver Sturm College of Law
Complex Adaptive Peacemaking: How Systems Theory Reveals Advantages Of Traditional Tribal Dispute Resolution, Juliana E. Okulski
American Indian Law Journal
No abstract provided.
Akiachak Native Community V. United States Department Of Interior,
2017
Alexander Blewett III School of Law at the University of Montana
Akiachak Native Community V. United States Department Of Interior, Lillian M. Alvernaz
Public Land & Resources Law Review
Alaska Native Tribes have long been classified differently than the federally recognized Indian tribes in the rest of the country. The Akiachak decision contributes to the shifting treatment of Alaska Native Tribes and clarifies their relationship with the federal government. The ability to put land into trust is essential to the protection of generations to come and the exercise of sovereign authority. By enabling Alaska Native tribes the ability to petition to put tribally owned fee land in trust, the DOI promotes and encourages tribal self-governance and empowerment.
The Native American Struggle Between Economic Growth And Cultural, Religious, And Environmental Protection: A Corporate Solution,
2017
Notre Dame Law School
The Native American Struggle Between Economic Growth And Cultural, Religious, And Environmental Protection: A Corporate Solution, Joseph Patterson
Notre Dame Law Review Reflection
This Essay recommends a flexible corporate solution to Native American property rights issues.
Trust Or Bust: Complications With Tribal Trust Obligations And Environmental Sovereignty,
2017
Barry University
Trust Or Bust: Complications With Tribal Trust Obligations And Environmental Sovereignty, Nadia B. Ahmad
Faculty Scholarship
No abstract provided.
Pueblo Indian Water Rights: Charting The Unknown,
2017
University of New Mexico
Pueblo Indian Water Rights: Charting The Unknown, Richard W. Hughes
Publications
This article examines the so-far-unsuccessful efforts to judicially define and quantify the water rights appurtenant to the core land holdings of the 19 New Mexico Pueblos, many of whose lands straddle the Rio Grande. It explains that the Tenth Circuit Court of Appeals has squarely held that Pueblo water rights are governed by federal, not state law, and are prior to those of any non-Indian appropriator, but also that the Tenth Circuit acknowledged that it could not say how those rights should be characterized. Part I of the article examines the course of the cases that have sought to achieve …
The Tribal Labor Sovereignty Act: Do Indian Tribes Finally Hold A Trump Card?,
2017
University of Tulsa College of Law
The Tribal Labor Sovereignty Act: Do Indian Tribes Finally Hold A Trump Card?, Vicki J. Limas
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
The Traffic Of Native American Women,
2017
nc201042
The Traffic Of Native American Women, Nasrin M. Chaudhry
Undergraduate Theses, Professional Papers, and Capstone Artifacts
No abstract available.
The Process Of Reclaiming Tribal Sovereignty Through Healthcare Autonomy,
2017
Colby College
The Process Of Reclaiming Tribal Sovereignty Through Healthcare Autonomy, Karolina A. Serhan
Honors Theses
This honors thesis explores the complex interplay between health status, healthcare, and tribal sovereignty among native communities in the United States. These relationships are explored through analyzing the paradoxical and condescending nature of the Federal Trust Responsibility in relation to government-organized healthcare programs for natives. In establishing this relationship, the thesis goes on to illustrate how native communities have effectively fought to regain sovereignty through reclaiming autonomy of their healthcare systems through the use of the 1975 Indian Self-Determination and Education Assistance Act. The impact of tribal-led healthcare systems is further explored through an in-depth case study conducted regarding the …
The Global Protection Of Traditional Knowledge: Searching For The Minimum Consensus, 17 J. Marshall Rev. Intell. Prop. L. 42 (2017),
2017
UIC School of Law
The Global Protection Of Traditional Knowledge: Searching For The Minimum Consensus, 17 J. Marshall Rev. Intell. Prop. L. 42 (2017), Aman Gebru
UIC Review of Intellectual Property Law
The protection of traditional knowledge (TK) – the know-how, skills, innovations and practices of indigenous peoples and local communities has been a subject of heated debate in many international forums. TK has proved to be useful as an input in modern industries. For instance, pharmaceutical companies have used medicinal TK to develop drugs more quickly. Despite its value, TK faces an alarming rate of loss and there are many initiatives that attempt to preserve it for posterity. However, almost every major issue on TK protection is contentious, including whether international TK protection is necessary or if domestic legislation alone would …
Hope For Indian Tribes In The Us Supreme Court: Menominee, Nebraska V. Parker, Bryant, Dollar General … And Beyond,
2017
University of Connecticut School of Law
Hope For Indian Tribes In The Us Supreme Court: Menominee, Nebraska V. Parker, Bryant, Dollar General … And Beyond, Bethany Berger
Faculty Articles and Papers
There has long been concern that the U.S. Supreme Court is hostile to Indian tribes. Between 1990 and 2015, tribal interests lost in 76.5% of Supreme Court cases distinctly affecting them; the loss rate rose to 82% in the first decade of the Roberts Court. With four Indian law cases on the docket last year, Native communities were poised for disaster. Newspapers speculated on why tribes could not win in the Supreme Court. By the end of June 2016, however, tribal interests had lost just one case, won two, and the Court split four-four in a fourth, affirming a lower …
Indigenizing Equality,
2017
University of Oklahoma College of Law
Indigenizing Equality, M. Alexander Pearl, Kyle Velte
Faculty Articles
Notwithstanding the significant victories of the LGBT civil rights movement over the past 20 years, culminating in the declaration of full marriage equality in Obergefell v. Hodges, anti-LGBT sentiment generally, and anti-marriage-equality sentiment in particular, continue to run deep. One pocket of resistance is in some tribal communities. While Obergefell unequivocally resolved the problem of the “patchwork quilt” of marriage equality among the states, the problem of gaps in marriage equality among Tribal Nations has left the problem of the “patchwork quilt” intact. This article answers the question: What is the effect of federal marriage equality on the modern expression …
Finding A Path To Reconciliation: Mandatory Indigenous Law, Anishinaabe Pedagogy, And Academic Freedom,
2017
Osgoode Hall Law School of York University
Finding A Path To Reconciliation: Mandatory Indigenous Law, Anishinaabe Pedagogy, And Academic Freedom, Karen Drake
Articles & Book Chapters
The Truth and Reconciliation Commission has called on law schools in Canada to make Indigenous law a mandatory component of legal education. In its final report, the Commission provides the outline of a rationale in support of this call to action. This paper builds on that outline by grounding the Commission’s rationale in the jurisprudence on section 35(1) of the Constitution Act, 1982. Articulating a comprehensive rationale is useful for at least three reasons. First, such a rationale can underpin a response to the claim that a required Indigenous law course lacks value for those students who do not intend …
Who Owns Our Ancestors' Voices? Tribal Claims To Pre-72 Sound Recordings,
2017
Columbia Law School
Who Owns Our Ancestors' Voices? Tribal Claims To Pre-72 Sound Recordings, Trevor Reed
Kernochan Center for Law, Media, and the Arts
A familiar story is told in Indian Country: a researcher arrives on a Native American reservation and begins recording ceremonial songs and oral histories; years later tribal members find, often to their horror, that these sensitive materials are available for sale, download, or streaming to the public. This scenario aptly describes the life of numerous sound recordings made on federally recognized Indian reservations prior to 1972, whose ownership status remains uninterrogated due to the complex overlap and ambiguities of copyright and federal Indian law. Yet recently, owing to an increased sense of self-determination and autonomy, Native American tribes have begun …
The Washington Redskins Case And The Search For Dignity,
2017
American University Washington College of Law
The Washington Redskins Case And The Search For Dignity, Victoria Phillips
Scholarly Articles in Law Reviews & Journals
INTRODUCTION: For more than sixty years, Native American activists have been involved in discussions and protests over the appropriation and use of tribal references in sports names, logos, and mascots. During this same period, many of these uses have since been changed, driven by civil rights struggles and a growing awareness of the proven social harms and racism inherent in these references. Despite a gradual movement towards abolition and evolving signs of cultural understanding, many mascots invoking Native names and imagery persist today across professional, collegiate, and local school district sports. These mascots and team names, and the trademarks associated …
Traditional Problems: Gay Marriage And The Backlash Against Indian Sovereignty,
2017
University of South Carolina School of Law
Traditional Problems: Gay Marriage And The Backlash Against Indian Sovereignty, Marcia A. Yablon-Zug
Faculty Publications
No abstract provided.
Through A Federal Habeas Corpus Glass, Darkly- Who Is Entitled To Effective Assistance Of Counsel In Tribal Court Under Icra And How Will We Know If They Got It?,
2017
Alexander Blewett III School of Law at the University of Montana
Through A Federal Habeas Corpus Glass, Darkly- Who Is Entitled To Effective Assistance Of Counsel In Tribal Court Under Icra And How Will We Know If They Got It?, Jordan Gross
Faculty Law Review Articles
Part I of this article is a history and analysis of the federal constitutional right to effective assistance of counsel. It explains how federal ineffective assistance of counsel jurisprudence has developed almost exclusively in the context of federal habeas review of state court convictions and rendered most federal ineffective assistance of counsel claims unviable. Part II explains the right to counsel in tribal court and the habeas corpus remedy available to tribal prisoners under ICRA. Part III identifies issues that will need to be addressed now that Congress has created a statutory ineffective assistance of counsel claim for tribal prisoners …
Valuing Sacred Tribal Waters Within Prior Appropriation,
2017
Alexander Blewett III School of Law at the University of Montana
Valuing Sacred Tribal Waters Within Prior Appropriation, Michelle Bryan
Faculty Law Review Articles
Throughout the world water plays a central role in the spirituality of indigenous peoples. Focusing on the American West, this article first describes how tribal water needs touch upon the sacred and then explains how both federal law and state prior appropriation doctrine fail to adequately protect these important sacred views of water. Pivoting away from the classic federal law arguments, the article then advocates for an evolution in state water law regimes to provide yet unrecognized protections for tribal sacred waters. Because international law plays an increasing role in this issue, the article also explores case studies from Ireland, …
