The Tribal Labor Sovereignty Act: Do Indian Tribes Finally Hold A Trump Card?,
2017
University of Oklahoma College of Law
The Tribal Labor Sovereignty Act: Do Indian Tribes Finally Hold A Trump Card?, Vicki J. Limas
American Indian Law Review
No abstract provided.
Continuing To Work For Indian Country In The 115th Congress,
2017
University of Oklahoma College of Law
Continuing To Work For Indian Country In The 115th Congress, T. Michael Andrews
American Indian Law Review
No abstract provided.
Mega Sporting Events Procedures And Human Rights: Developing An Inclusive Framework,
2017
University of Oklahoma College of Law
Mega Sporting Events Procedures And Human Rights: Developing An Inclusive Framework, Abby Meaders Henderson
American Indian Law Review
No abstract provided.
Improving Microfinance Through International Agreements And Tailoring The System To Assist Indigenous Populations,
2017
University of Oklahoma College of Law
Improving Microfinance Through International Agreements And Tailoring The System To Assist Indigenous Populations, Jacob Krysiak
American Indian Law Review
No abstract provided.
Indigenous People, Human Rights, And Consultation: The Dakota Access Pipeline,
2017
University of Oklahoma College of Law
Indigenous People, Human Rights, And Consultation: The Dakota Access Pipeline, Walter H. Mengden Iv
American Indian Law Review
No abstract provided.
Yellowbear V. Lampert— Putting Teeth Into The Religious Land Use And Institutionalized Person Act Of 2000,
2017
University of Oklahoma College of Law
Yellowbear V. Lampert— Putting Teeth Into The Religious Land Use And Institutionalized Person Act Of 2000, Nathan Lobaugh
American Indian Law Review
No abstract provided.
Winner, Best Appellate Brief In The 2017 Native American Law Student Association Moot Court Competition,
2017
University of Oklahoma College of Law
Winner, Best Appellate Brief In The 2017 Native American Law Student Association Moot Court Competition, Devon Suarez, Simon Goldenberg
American Indian Law Review
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
University of Oklahoma College of Law
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
American Indian Law Review
No abstract provided.
Tribal Sovereignty And The Recognition Power,
2017
University of Oklahoma College of Law
Tribal Sovereignty And The Recognition Power, Lance F. Sorenson
American Indian Law Review
No abstract provided.
Twenty-Five Years Later: The Amendments To The National Historic Preservation Act And Tribal Consultation,
2017
University of Oklahoma College of Law
Twenty-Five Years Later: The Amendments To The National Historic Preservation Act And Tribal Consultation, Brody Hinds
American Indian Law Review
No abstract provided.
Foreign-Trade Zones In Indian County: Is A Foreign-Trade Zone Right For Your Tribe?,
2017
University of Oklahoma College of Law
Foreign-Trade Zones In Indian County: Is A Foreign-Trade Zone Right For Your Tribe?, Jacob Laughlin
American Indian Law Review
No abstract provided.
Silence Is Anything But Golden: Laws Of General Applicability In Indian Country,
2017
University of Oklahoma College of Law
Silence Is Anything But Golden: Laws Of General Applicability In Indian Country, Bryan R. Lynch
American Indian Law Review
No abstract provided.
Alvarez V. Lopez: The Ninth Circuit Overextends Congress's Intended Use Of Plenary Powers With Its Interpretation Of The Icra Jury Provision,
2017
University of Oklahoma College of Law
Alvarez V. Lopez: The Ninth Circuit Overextends Congress's Intended Use Of Plenary Powers With Its Interpretation Of The Icra Jury Provision, Teddy Webb
American Indian Law Review
No abstract provided.
Lessons From Relocations Past: Climate Change, Tribes, And The Need For Pragmatism In Community Relocation Planning,
2017
University of Oklahoma College of Law
Lessons From Relocations Past: Climate Change, Tribes, And The Need For Pragmatism In Community Relocation Planning, Eli Keene
American Indian Law Review
No abstract provided.
Beyond A Zero-Sum Federal Trust Responsibility: Lessons From Federal Indian Energy Policy,
2017
University of Washington School of Law
Beyond A Zero-Sum Federal Trust Responsibility: Lessons From Federal Indian Energy Policy, Monte Mills
Articles
The federal government’s trust relationship with federally recognized Indian tribes is a product of the last two centuries of Federal Indian Law and federal-tribal relations. For approximately the last 50 years, the federal government has sought to promote tribal self-determination as a means to carry out its trust responsibilities to Indian tribes; but the shadows of prior federal policies, based largely on notions of tribal incompetence and federal paternalism, remain. Perhaps no other policy arena better demonstrates the history, evolution, and promise for reform of the federal trust relationship than Federal Indian energy policy, or the range of federal statutes …
The Choctaw Nation Of Oklahoma: History, Influences, And Contemporary Setting Of The Choctaw Legal Structure,
2017
University of New Mexico
The Choctaw Nation Of Oklahoma: History, Influences, And Contemporary Setting Of The Choctaw Legal Structure, Austin C. Megli
Tribal Law Journal
The goal of this tribal profile is to provide an overview of the internal laws of the Choctaw Nation of Oklahoma; to give a detailed emphasis on the tribe’s historic use of customary law, governance structures, enacted law, case law; and to examine how their internal law changed throughout history. By helping the reader become familiar with the history of Choctaw customary law and the contemporary structure of the Choctaw government, this profile will assist practitioners and academics in understanding the Choctaw Nation. Part I of this paper will describe the customary laws of the Choctaw Nation. Part II of …
If Trees Could Lobby They Would Be People Too: The Environmental And Cultural Benefits Of Granting Legal Personality To Nature,
2017
University of New Mexico
If Trees Could Lobby They Would Be People Too: The Environmental And Cultural Benefits Of Granting Legal Personality To Nature, M. Alexis Volner
Tribal Law Journal
In the Western culture today, the environment is perceived as a source for goods and resources. However, this perspective has resulted in serious environmental degradation and a real threat to our species’ survival. To combat these problems there must be a radical shift in the Western culture’s conception of nature.
The first step in this shift is to recognize the environment as a legal person. The United States should grant legal personality to all publicly owned lands containing sites held sacred by Indigenous peoples and establish a collaborative board to manage the sites to recognize Indigenous cultural rights and encourage …
Explaining The Modernized Leasing And Right-Of-Way Regulations For Indian Lands,
2017
University of New Mexico - School of Law
Explaining The Modernized Leasing And Right-Of-Way Regulations For Indian Lands, Kevin Washburn, Jody Cummings
Faculty Scholarship
The Obama Administration enacted significant reforms to the regulatory rules governing federal leasing and right of way approvals across tribal lands in Parts 162 and 169 of the Indian title of the federal regulations. These reforms had many aims. They sought to improve the environment for economic development on Indian reservations by speeding regulatory approvals, increasing predictability (by, in part, narrowing agency discretion), and increasing deference to tribal governmental decisions. The reforms sought to help tribal governments capture economic value that had previously been denied them, for example, by preventing so called "piggybacking" on pre-existing rights of way and clarifying …
Operationalizing Free, Prior, And Informed Consent,
2017
University of Colorado Law School
Operationalizing Free, Prior, And Informed Consent, Carla F. Fredericks
Publications
The UN Declaration on the Rights of Indigenous Peoples (UNDRIP) has acknowledged varying ways in which international actors can protect, respect and remedy the rights of indigenous peoples. One of these methods is the concept of free, prior and informed consent (FPIC) as described in Articles 10, 19, 28 and 29. There has been much debate in the international community over the legal status of the UNDRIP, and member states have done little to implement it. In applied contexts, many entities like extractive industries and conservation groups are aware of risks inherent in not soliciting FPIC and have endeavored to …
They Were Here First: American Indian Tribes, Race, And The Constitutional Minimum,
2017
University of Colorado Law School
They Were Here First: American Indian Tribes, Race, And The Constitutional Minimum, Sarah Krakoff
Publications
In American law, Native nations (denominated in the Constitution and elsewhere as “tribes”) are sovereigns with a direct relationship with the federal government. Tribes’ governmental status situates them differently from other minority groups for many legal purposes, including equal protection analysis. Under current equal protection doctrine, classifications that further the federal government’s unique relationship with tribes and their members are subject to rationality review. Yet this deferential approach has recently been subject to criticism and is currently being challenged in the courts. Swept up in the larger drift toward colorblind or race-neutral understandings of the Constitution, advocates and commentators are …
