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 …
[Introduction To] Dismembered: Native Disenrollment And The Battle For Human Rights,
2017
University of Richmond
[Introduction To] Dismembered: Native Disenrollment And The Battle For Human Rights, David E. Wilkins, Shelly Hulse Wilkins
Bookshelf
While the number of federally recognized Native nations in the United States are increasing, the population figures for existing tribal nations are declining. This depopulation is not being perpetrated by the federal government, but by Native governments that are banishing, denying, or disenrolling Native citizens at an unprecedented rate. Since the 1990s, tribal belonging has become more of a privilege than a sacred right. Political and legal dismemberment has become a national phenomenon with nearly eighty Native nations, in at least twenty states, terminating the rights of indigenous citizens.
The first comprehensive examination of the origins and significance of tribal …
Property And Sovereignty: An Indian Reserve And A Canadian City,
2017
Allard School of Law at the University of British Columbia
Property And Sovereignty: An Indian Reserve And A Canadian City, Douglas C. Harris
All Faculty Publications
Property rights, wrote Morris Cohen in 1927, are delegations of sovereign power. They are created by the state and operate to establish limits on its power. As such, the allocation of property rights is an exercise of sovereignty and a limited delegation of it. Sixty years later, Joseph Singer used Cohen’s conceptual framing in a critical review of developments in American Indian law. Where the US Supreme Court had the opportunity to label an American Indian interest as either a sovereign interest or a property interest, he argued, it invariably chose to the disadvantage of the Indians. Within Canada, Indigenous …
Racial Anxieties In Adoption: Reflections On Adoptive Couple, White Parenthood, And Constitutional Challenges To The Icwa,
2017
University of Nevada, Las Vegas -- William S. Boyd School of Law
Racial Anxieties In Adoption: Reflections On Adoptive Couple, White Parenthood, And Constitutional Challenges To The Icwa, Addie C. Rolnick
Scholarly Works
The Indian Child Welfare Act (ICWA) is under fire from people who argue that it interferes with adoptions and violates the constitution by doing so. The current crop of lawsuits is an outgrowth of a 2012 case in which the Supreme Court heard its second-ever challenge to the law. While the Court sidestepped the most far-reaching anti-ICWA arguments, the majority opinion evidenced a deep skepticism about the law. This skepticism led the Court to narrow the law’s application so that it didn’t apply to the family involved, and it seemed to invite further challenges to the law.
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 …
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.
Closing Time: Removing The State Of Oklahoma From Alcohol Regulation In Indian Country,
2017
University of Oklahoma College of Law
Closing Time: Removing The State Of Oklahoma From Alcohol Regulation In Indian Country, Ryan Wilson
Oklahoma Law Review
No abstract provided.
United States V. Washington,
2016
University of Montana
United States V. Washington, Kirsa Shelkey
Public Land & Resources Law Review
Pacific Northwest Treaties, now known as the Stevens Treaties, were negotiated in the 1850’s between the U.S. and Indian tribes, including the Suquamish Indian Tribe, Jamestown S'Klallam, Lower Elwha Band of Klallams, Port Gamble Clallam, Nisqually Indian Tribe, Nooksack Tribe, Sauk-Suiattle Tribe, Skokomish Indian Tribe, Squaxin Island Tribe, Stillaguamish Tribe, Upper Skagit Tribe, Tulalip Tribes, Lummi Indian Nation, Quinault Indian Nation, Puyallup Tribe, Hoh Tribe, Confederated Tribes and Bands of the Yakama Indian Nation, Quileute Indian Tribe, Makah Indian Tribe, Swinomish Indian Tribal Community, and the Muckleshoot Indian Tribe (“Tribes”). The Stevens Treaties stated that “the right of taking fish, …
Interior Department And Army Corps Announce Restoration Of Tribal Lands For The Three Affiliated Tribes Of The Fort Berthold Reservation; Transfer Restores Nearly 25,000 Acres Of Tribal Homelands Lost To The Garrison Dam Project,
2016
University of North Dakota
Interior Department And Army Corps Announce Restoration Of Tribal Lands For The Three Affiliated Tribes Of The Fort Berthold Reservation; Transfer Restores Nearly 25,000 Acres Of Tribal Homelands Lost To The Garrison Dam Project, Department Of The Interior, Assistant Secretary Of The Army For Civil Works
US Government Documents Related to Indigenous Nations
This news release, dated December 20, 2016, from the United States (US) Department of the Interior and the US Assistant Secretary of the Army announces the return of 24,959 acres of land on the Fort Berthold Reservation to the Three Affiliated Tribes of the Fort Berthold Reservation. The returned land was part of the 153,000 acres of land taken by the United States Government for construction of the Garrison Dam. The authority of this transfer is granted by the Fort Berthold Mineral Restoration Act of 1984 (Public Law 98-602). This press release provides some background on the Garrison Dam Project …
San Luis Rey Settlement Agreement Implementation Act Of 2016,
2016
University of New Mexico
San Luis Rey Settlement Agreement Implementation Act Of 2016, Settlement Parties, United States 114th Congress
Native American Water Rights Settlement Project
Congressional approval and ratification of the San Luis Rey Settlement Agreement.
Pechanga Band Of Luiseño Mission Indians Water Rights Settlement Act,
2016
University of New Mexico
Pechanga Band Of Luiseño Mission Indians Water Rights Settlement Act, United States 114th Congress
Native American Water Rights Settlement Project
Federal Legislation: Pechanga Band of Luiseño Mission Indians Water Rights Settlement Act (WIIN Act of 2016, Title III - Natural Resource, Subtitle D). Parties: Pechanga Band of Luiseño Mission Indians, United States. The lead agency for environmental compliance is the Bureau of Reclamation. The Act confirms the Tribal water right as The Act designates that 1) the rights of allottees are protected; 2) a Tribal Water Right of up to 4,994 acre-feet of water per year is confirmed in accordance with Interlocutory Judgement No. 41 as affirmed by the Fallbrook Decree; 3)water right can be used for any purpose; 4) …
Blackfeet Water Rights Settlement Act Of 2016,
2016
University of New Mexico
Blackfeet Water Rights Settlement Act Of 2016, United States 114th Congress
Native American Water Rights Settlement Project
Federal Legislation: Blackfeet Water Rights Settlement Act of 2016, in Water Infrastructure Improvements for the Nation Act, Title III, Subtitle G. PL 114-322, ** Stat. *** (Dec. 16, 2016). This Act authorizes, ratifies, and confirms the water rights compact between the Blackfeet Nation and Montana dated April 15, 2009, as modified to be consistent with this subtitle. The Act relates to the Blackfeet Nation’s water rights in the Milk River, Milk River Project, St. Mary River, instream flow rights, and rights in Lake Elwell and any water rights arising out of MT state law. The legislation authorized $422 million in …
Choctaw Nation Of Oklahoma And The Chickasaw Nation Water Settlement,
2016
University of New Mexico
Choctaw Nation Of Oklahoma And The Chickasaw Nation Water Settlement, United States 114th Congress
Native American Water Rights Settlement Project
Federal Legislation; Parties: Choctaw Nation of Oklahoma, Chickasaw Nation, City of Oklahoma City, Oklahoma, United States. Purposes, pp 169-170; Definitions, pp. 170-2; Approval of Settlement Agreement, pp. 172-3; Approval of Amended Storage Contract & 1974 Storage Contract, pp.173-5; Settlement Area Waters, pp. 175-7; City Permit for Appropriation of Surface Water from the Kiamichi River, p. 177; Settlement Commission, pp. 177-8; Waivers and Releases of Claims, pp. 178-183; Enforceability Date, pp. 183-5; Jurisdiction, Waivers of Immunity for Interpretation and Enforcement, pp. 185-6; Disclaimers, pp. 186-7. [Source: Government Printing Office http://www.gpo.gov]
Co-Developing Drugs With Indigenous Communities: Lessons From Peruvian Law And The Ayahuasca Patent Dispute,
2016
Concordia University, Wisconsin
Co-Developing Drugs With Indigenous Communities: Lessons From Peruvian Law And The Ayahuasca Patent Dispute, Daniel S. Sem
Richmond Journal of Law & Technology
This paper will examine the issues surrounding the codevelopment of drugs derived from traditional medicines used by indigenous peoples in Amazonia, with a focus on Peru. In particular, this paper will explore what national, regional and international legal structures are in place to protect the interests of indigenous peoples, while at the same time providing medical benefit to the world. This issue is explored in the context of Peruvian, U.S., and international treaties – especially the TRIPS agreement, the Andean Community, sui generis protections, and the US-Peru Trade Promotion Agreement.
Blackfeet Housing V. Armc Risk Management Corp., 15-Ap-09 (Blkft. Tr. Ct. App., Nov. 7, 2016),
2016
University of Montana
Blackfeet Housing V. Armc Risk Management Corp., 15-Ap-09 (Blkft. Tr. Ct. App., Nov. 7, 2016), Blackfeet Appellate Court
Court Decisions
In the Blackfeet Tribal Court of Appeals, the Court considered whether appellant, ARMC, was subject to the jurisdiction in the Blackfeet Tribal Court. The lower court erred in finding that it had jurisdiction in this matter under the arm of the tribe analysis it applied. The “arm of the tribe” analysis would have been more appropriate if ARMC was a section 16 entity. Rather, ARMC is a Section 17 Charter, which demands an analysis of whether the Charter was properly granted and ratified. ARMC does enjoy a congressional grant of sovereign immunity under 25 U.S.C. 477, but ARMC’s immunity defense …
Oral Tradition And The Kennewick Man,
2016
Alexander Blewett III School of Law at the University of Montana
Oral Tradition And The Kennewick Man, Cathay Y. N. Smith
Faculty Law Review Articles
No abstract provided.
Getches-Wilkinson Center Newsletter, Fall 2016,
2016
University of Colorado Law School
Getches-Wilkinson Center Newsletter, Fall 2016, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)
No abstract provided.
College Of Law Committed To Native Law Program,
2016
University of Idaho College of Law
College Of Law Committed To Native Law Program, Mark Adams
Articles
No abstract provided.
Aboriginal Consultation In Canadian Water Negotiations:The Mackenzie Bilateral Water Management Agreements,
2016
Massachusetts Institute of Technology
Aboriginal Consultation In Canadian Water Negotiations:The Mackenzie Bilateral Water Management Agreements, Andrea Beck
Dalhousie Law Journal
Due to constitutional protection of Aboriginal water rights, the Canadian government has a duty to consult Aboriginal peoples in water-related decision making. In 2015, Alberta and the Northwest Territories signed an agreement for managing their shared waters in the Mackenzie River Basin. In light of Canada's record, observers have praised the preceding negotiation process as pathbreaking due to its high level of Aboriginal involvement. To evaluate such claims, this paper analyzes Aboriginal consultations in the 2011-2015 NWT-Alberta transboundary water negotiation. The comparative case study reaches the following conclusions. In their bilateral water negotiation, the two jurisdictions differed markedly in terns …
Response Brief Of Appellee Navajo Nation,
2016
University of New Mexico - School of Law
Response Brief Of Appellee Navajo Nation, Paul Spruhan
Faculty Scholarship
This appeal concerns the claimed authority of private utility companies to unilaterally force an easement over allotments that include a sovereign Indian nation among its owners. The four certified questions before the Court implicate congressional policy concerning allotments as well as the sovereign interests of the Navajo Nation (“Nation”). Appellants PNM and Transwestern assert that 25 U.S.C. § 357 (Section 357) applies beyond allotments wholly owned by individual allottees to also allow condemnation of the allotment interests of sovereign tribal nations. However, as discussed below, the application of Section 357 to a tribal nation’s property would unduly impair a tribal …
