Chicago’S Last Unclaimed Indian Territory: A Possible Native American Claim Upon Billy Caldwell’S Land, 50 J. Marshall L. Rev. 91 (2016),
2016
UIC School of Law
Chicago’S Last Unclaimed Indian Territory: A Possible Native American Claim Upon Billy Caldwell’S Land, 50 J. Marshall L. Rev. 91 (2016), Scott Priz
UIC Law Review
No abstract provided.
Adaptive Governance Of Water Resources Shared With Indigenous Peoples: The Role Of Law,
2016
University of Idaho College of Law
Adaptive Governance Of Water Resources Shared With Indigenous Peoples: The Role Of Law, Barbara Cosens
Articles
Adaptive governance is an emergent phenomenon resulting from the interaction of locally driven collaborative efforts with a hierarchy of governmental regulation and management and is thought to be capable of navigating social-ecological change as society responds to the effects of climate change. The assertion of Native American water rights on highly developed water systems in North America has triggered governance innovations that resemble certain aspects of adaptive governance, and have emerged to accommodate the need for Indigenous water development and restoration of cultural and ecological resources. Similar innovations are observed in the assertion of Indigenous voices in Australia. This presents …
Traditional Ecological Rulemaking,
2016
University of Maine School of Law
Traditional Ecological Rulemaking, Anthony Moffa
Faculty Publications
This Article examines the implications of an increased role for Traditional Ecological Knowledge (TEK) in United States agency decisionmaking. Specifically, it contemplates where TEK might substantively and procedurally fit and, most importantly, whether a final agency action based on TEK would survive judicial scrutiny. In the midst of a growing body of scholarship questioning the wisdom of deference to agency expertise9 and the legitimacy of the administrative state writ large,10 this Article argues that there remains an important space in administrative rulemaking for the consideration of ways of understanding that differ from traditional Western norms. TEK can and should fill …
Indians, Race, And Criminal Jurisdiction In Indian Country,
2016
University of Utah, SJ Quinney College of Law
Indians, Race, And Criminal Jurisdiction In Indian Country, Alexander Tallchief Skibine
Utah Law Faculty Scholarship
With the possible exception of the Indian Major Crimes Act, the classification of “Indian” for the purposes of the ICCA and the Duro Fix is not “racial” even if it includes non-enrolled people of Indian ancestry with significant connections to tribal communities. Furthermore, although the first prong of the Rogers test should be eliminated on policy grounds, the holding of the Zepeda court that the first prong could be satisfied by proof of blood quantum from any Indian tribe, recognized or not, is highly suspicious, seems to be arbitrary, and boosts the argument that the classification of “Indian” in such …
Sacred In The City: The Huron Indian Cemetery And The Preservation Laws,
2016
University of Missouri - Kansas City, School of Law
Sacred In The City: The Huron Indian Cemetery And The Preservation Laws, John W. Ragsdale Jr
Faculty Works
The Huron Indian Cemetery sits on a hill above the confluence of the Missouri and Kansas Rivers. It is several acres of predominant green, with grass, mature trees, and modest, weathered grave stones, surrounded by the sterile concrete of a struggling Midwestern city. Desultory businesses, colorless governmental offices, a casino, and strong evidence of poverty and vandalism lap at the shores of the small sanctuary. Yet despite the drab and essential joylessness of the encircling faded modernity, the cemetery holds a surprising sense of peace and even timelessness. The serenity may seem incongruous, not only because of the tawdry surroundings, …
An Argument In Support Of Tax-Free Per-Cap Distribution Payments Derived From Native American Nations Gaming Sources, 37 N. Ill. U. L. Rev. 66 (2016),
2016
John Marshall Law School
An Argument In Support Of Tax-Free Per-Cap Distribution Payments Derived From Native American Nations Gaming Sources, 37 N. Ill. U. L. Rev. 66 (2016), Arthur Acevedo
UIC Law Open Access Faculty Scholarship
Gaming activities play important social, cultural, and economic roles for many Native American tribes. During the 1970s and 1980s, gaming activities spread throughout the country, and became more accessible to nonnative individuals. This growth in gaming activities drew the attention of state and local officials who sought to limit and regulate Native American gaming. In California v. Cabazon Band of Mission Indians, the State of California, arguing before the Supreme Court, asserted that it could exercise jurisdiction over Native American gaming activities. In a stunning defeat, the Supreme Court ruled against the State of California when it announced its decision …
Indigenous Territorial Rights In The Common Law,
2016
Osgoode Hall Law School of York University
Indigenous Territorial Rights In The Common Law, Kent Mcneil
Osgoode Legal Studies Research Paper Series
This chapter compares Indigenous territorial rights in the United States, Canada, Australia and New Zealand thematically under four headings: the sources, nature and content, proof, and protection of Indigenous rights. The first two are closely linked, as the nature and content of Indigenous rights are determined largely by their sources. Likewise, proof of Indigenous rights also depends on their sources. The protection they are accorded in any particular nation-state depends mainly on its constitution, with recent additional protection emerging in international law. The major premise of the chapter is that Indigenous rights are territorial, encompassing real property rights and governmental …
Nagpra And Its Limitations: Repatriation Of Indigenous Cultural Heritage, 15 J. Marshall Rev. Intell. Prop. L. 472 (2016),
2016
UIC School of Law
Nagpra And Its Limitations: Repatriation Of Indigenous Cultural Heritage, 15 J. Marshall Rev. Intell. Prop. L. 472 (2016), Kevin Ray
UIC Review of Intellectual Property Law
The historical conditions under which indigenous (and specifically Native American) cultural heritage objects have been collected present tremendous difficulties, since collecting efforts were frequently influenced, or even directed, by racist or colonialist ideologies. Recent decades have seen efforts to redress past wrongs, as well as to correct misunderstandings and misrepresentations. The restitution and repatriation processes of the Native American Graves Protection and Repatriation Act of 1990, enacted as human rights legislation, provide powerful, but imperfect tools for the protection of Native American cultural heritage. The challenges are both domestic and international. Recent French auction sales of Hopi, Zuni, and Navajo …
Protecting Tribal Skies: Why Indian Tribes Possess The Sovereign Authority To Regulate Tribal Airspace,
2016
University of Oklahoma College of Law
Protecting Tribal Skies: Why Indian Tribes Possess The Sovereign Authority To Regulate Tribal Airspace, William M. Haney
American Indian Law Review
Since the advent of human flight, lawmakers in the United States have struggled to keep pace with advancements in aviation technology. Similarly, many doctrines of federal Indian law that govern the exercise of the sovereign powers of Indian tribes in the United States are based on outmoded conceptions of the capabilities and interests of Indian people and tribal governments. For decades, tribal governments have worked to protect their sovereign interests in tribal territory from the effects of aviation activities that occur within tribal airspace. There has been no exploration of tribal airspace issues in the academic community and limited examination …
Human Trafficking Among Native Americans: How Jurisdictional And Statutory Complexities Present Barriers To Combating Modern-Day Slavery,
2016
University of Oklahoma College of Law
Human Trafficking Among Native Americans: How Jurisdictional And Statutory Complexities Present Barriers To Combating Modern-Day Slavery, Maggie Logan
American Indian Law Review
No abstract provided.
Oklahoma Tax Commission V. United States: Death Taxes On Restricted Indian Personalty,
2016
University of South Dakota School of Law
Oklahoma Tax Commission V. United States: Death Taxes On Restricted Indian Personalty, Thomas Simmons
Faculty Publications
No abstract provided.
Diversely Native,
2016
University of Connecticut School of Law
Fact Sheet: Potential Transfer Of Garrison Dam/Lake Sakakawea Project Lands,
2016
University of North Dakota
Fact Sheet: Potential Transfer Of Garrison Dam/Lake Sakakawea Project Lands, United States Army Corps Of Engineers
US Government Documents Related to Indigenous Nations
This 2016 fact sheet released by the United States (US) Army Corps of Engineers, discusses the potential return of lands within the Fort Berthold Reservation to the Three Affiliated Tribes of the Fort Berthold Reservation. The lands in question are part of 153,000 acres that were taken for the construction and operation of the Garrison Dam. The authority of this return is granted by the Fort Berthold Mineral Restoration Act of 1984 (Public Law 98-602). The fact sheet includes a brief history of the lands in question, the process of the return, and the status of the return.
Vawa 2013'S Right To Appointed Counsel On Tribal Court Proceedings- A Rising Tide That Lifts All Boats Or A Procedural Windfall For Non-Indian Defendants,
2016
Alexander Blewett III School of Law at the University of Montana
Vawa 2013'S Right To Appointed Counsel On Tribal Court Proceedings- A Rising Tide That Lifts All Boats Or A Procedural Windfall For Non-Indian Defendants, Jordan Gross
Faculty Law Review Articles
This Article addresses a question that seems like it would be easy to answer, but is actually quite complex-when is an indigent defendant entitled to counsel at the public's expense in the United States? The answer is complex because it depends on what the indigent is charged with, what sentence he receives, and who prosecutes him. The Sixth Amendment guarantees an accused the assistance of counsel in "all criminal prosecutions."' The Supreme Court has said that the Sixth Amendment right to counsel includes the right to effective assistance of counsel, and the right to appointed counsel at public expense for …
From Dysfunction And Polarization To Legislation: Native American Religious Freedom Rights And Minnesota Autopsy Law,
2016
Mitchell Hamline School of Law
From Dysfunction And Polarization To Legislation: Native American Religious Freedom Rights And Minnesota Autopsy Law, Gail T. Kulick, Tadd M. Johnson, Rebecca St. George, Emily Segar-Johnson
Mitchell Hamline Law Review
No abstract provided.
Untangling The Web: Juvenile Justice In Indian Country,
2016
University of Nevada, Las Vegas -- William S. Boyd School of Law
Untangling The Web: Juvenile Justice In Indian Country, Addie C. Rolnick
Scholarly Works
The juvenile justice system in Indian country is broken. Native youth are vulnerable and traumatized. They become involved in the system at high rates, and they are more likely than other youth to be incarcerated and less likely to receive necessary health, mental-health, and education services. Congressional leaders and the Obama administration have made the needs of Indian country, especially improvement of tribal justice systems, an area of focus in recent years. The release of two major reports—one from a task force convened by the Attorney General to study violence and trauma among Native youth and the other from a …
Locked Up: Fear, Racism, Prison Economics, And The Incarceration Of Native Youth,
2016
University of Nevada, Las Vegas -- William S. Boyd School of Law
Locked Up: Fear, Racism, Prison Economics, And The Incarceration Of Native Youth, Addie C. Rolnick
Scholarly Works
Native youth are disproportionately incarcerated, often for relatively minor offenses. One potential solution is to move more Native youth out of federal and state courts and invest in tribal juvenile justice systems. Tribal systems are assumed to be less punitive than nontribal ones, so greater tribal control should mean less incarceration. Little is known, however, about the role of incarceration in tribally run systems. This article examines available information on Native youth in tribal juvenile justice systems from 1998 to 2013. At least sixteen new secure juvenile facilities were built to house youth under tribal court jurisdiction, with federal investment …
Why Coywolf Goes To Court,
2016
Osgoode Hall Law School of York University
Why Coywolf Goes To Court, Signa A. Daum Shanks
Articles & Book Chapters
This article is an effort influenced by previous works considered part of "trickster" discourse. But unlike other trickster stories meant to illustrate First Nations’ contents and processes, this presentation creates a Métis-specific example of trickster methodology and knowledge. Similar to the historic role Métis individuals have had in Canadian history, this effort contains a type of "translator" system within its citations so that the main story parallels information about trends in Canadian legal analysis. By having this format, it is hoped that those less familiar with Métis courtroom struggles will gain insight into how the pursuit of Métis constitutionalism both …
Redskins: The Property Right To Racism,
2016
University of Oklahoma College of Law
Redskins: The Property Right To Racism, M. Alexander Pearl
Faculty Articles
Everyone has an opinion, from President Obama to Matthew McConaughey, about the Washington football team name. This Article comprehensively analyzes the legal and social issues surrounding the mascot controversy. I focus my inquiry on the interaction of trademark law and Indian law. I offer three primary contributions in this Article. First, the current mainstream conception of harm caused by the team name is subjective, and I argue that the harm caused by the team name and logo is objective, testable, and demonstrable. Psychological research shows that these images harm Native people. Second, the remedies offered by the Lanham Act are …
Starting From Scratch: Reasserting "Indian Country" In Alasky By Placing Alaska Native Land Into Trust,
2016
Florida A&M University College of Law
Starting From Scratch: Reasserting "Indian Country" In Alasky By Placing Alaska Native Land Into Trust, William H. Holley
Florida A & M University Law Review
The Alaska Native Claims Settlement Act (ANCSA) was enacted for the purpose of promoting economic development in remote Alaska Native villages. ANCSA has fallen short of this goal. ANCSA dissolved the trust relationship between Alaska Native tribes and the federal government by transferring former tribal lands to state-chartered, Native corporations. As a result, ANCSA severed Alaska Native tribal authority from tribal lands. Today, tribal governments in Alaska are without the resources necessary to address issues that threaten the survival of their communities. Tribal governments throughout the lower 48 states have long used federal land-into-trust provisions to expand and consolidate former …
