Pueblo Indian Water Rights: Charting The Unknown,
2017
University of New Mexico
Pueblo Indian Water Rights: Charting The Unknown, Richard W. Hughes
Natural Resources Journal
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 …
Standing Rock Sioux Tribe V. U.S. Army Corps Of Engineers,
2017
Alexander Blewett III School of Law at the University of Montana
Standing Rock Sioux Tribe V. U.S. Army Corps Of Engineers, Jody D. Lowenstein
Public Land & Resources Law Review
The Standing Rock Sioux’s effort to enjoin the U.S. Army Corps of Engineers’ permitting of an oil pipeline was stifled by the United States District Court of the District of Columbia. In denying the preliminary injunction, the court held that the Tribe failed to show that the Corps violated the National Historic Preservation Act, and that the Tribe’s belated effort to litigate was futile after failing to participate in the consultation process.
Waiting For Gluskabe: An Examination Of Maine's Colonialist Legacy Suffered By Native American Tribes Under The Maine Indian Claims Settlement Act Of 1980,
2017
University of Maine School of Law
Waiting For Gluskabe: An Examination Of Maine's Colonialist Legacy Suffered By Native American Tribes Under The Maine Indian Claims Settlement Act Of 1980, Joseph G.E. Gousse
Maine Law Review
Legends of the Wabanaki people tell of a mythical demigod named Gluskabe. Immortalized through the cultural traditions of the Wabanaki—from the Mi’kmaq, Abenaki, and Passamaquoddy to the Maliseet and the Penobscot—Gluskabe appears as an integral component of each tribe’s variation of the Creation Myth, as well as numerous other tales and stories. Most prominently, Gluskabe is known for his role in creating the Penobscot River and divining proportion and harmony in the natural world, using his power to reduce the size of the once-giant land animals to establish the first village, legend holds that Gluskabe retired to the southernmost portion …
Complexity's Shadow: American Indian Property, Sovereignty, And The Future,
2017
University of Nebraska College of Law
Complexity's Shadow: American Indian Property, Sovereignty, And The Future, Jessica A. Shoemaker
Michigan Law Review
This Article offers a new perspective on the challenges of the modern American Indian land tenure system. While some property theorists have renewed focus on isolated aspects of Indian land tenure, including the historic inequities of colonial takings of Indian lands, this Article argues that the complexity of today’s federally imposed reservation property system does much of the same colonizing work that historic Indian land policies—from allotment to removal to termination—did overtly. But now, these inequities are largely overshadowed by the daunting complexity of the whole land tenure structure. This Article introduces a new taxonomy of complexity in American Indian …
Why The Religious Freedom Restoration Act Cannot Protect Sacred Sites,
2017
PMSA Group
Why The Religious Freedom Restoration Act Cannot Protect Sacred Sites, Timothy A. Wiseman
American Indian Law Journal
No abstract provided.
Assessing Political Economy In Native American Nations,
2017
Hobbs Strauss Dean & Walker, LLP
Assessing Political Economy In Native American Nations, W. Gregory Guedel Ph.D, Jd
American Indian Law Journal
No abstract provided.
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 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 …
