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Indigenous, Indian, and Aboriginal Law Commons™

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All Articles in Indigenous, Indian, and Aboriginal Law

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Postcolonial Management Of The Transboundary Guaraní Aquifer System: Indigenous Input As A Guide For Environmental Sustainability, Melissa Leonard 2016 University of New Mexico

Postcolonial Management Of The Transboundary Guaraní Aquifer System: Indigenous Input As A Guide For Environmental Sustainability, Melissa Leonard

Tribal Law Journal

This article discusses the Guaraní Aquifer System, which is a vast groundwater source that spans across Argentina, Uruguay, Paraguay, and Brazil. The Guaraní Aquifer System is located beneath the ancestral homelands of the Guaraní indigenous peoples, yet it is exclusively managed by nation states. The Guaraní indigenous peoples have been deprived of their ancestral land and have no say in the utilization or management of the Aquifer. This article discusses social and legal theory relating to water management and governance, as well as Guaraní social organization, belief systems, and customary environmental law in the context of “postcolonial” water management. This …


Indians, Race, And Criminal Jurisdiction In Indian Country, Alexander Tallchief Skibine 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 …


Instrumentalizing The Expressive: Transplanting Sentencing Circles Into The Canadian Criminal Trial, Toby S. Goldbach 2016 Cornell Law School

Instrumentalizing The Expressive: Transplanting Sentencing Circles Into The Canadian Criminal Trial, Toby S. Goldbach

Cornell Law Faculty Publications

This Article examines reforms to criminal sentencing procedures in Canada, focusing on Aboriginal healing circles, which were incorporated as "sentencing circles" into the criminal trial. Using the lens of comparative law and legal transplants, this Article recounts the period of sentencing reform in Canada in the 1990s, when scholars, practitioners, and activists inquired into Aboriginal confrontation with the criminal justice system by comparing Euro-Canadian and Aboriginal justice values and principles. As a way to bridge the gap between vastly differing worldviews and approaches to justice, judges and Aboriginal justice advocates transplanted sentencing circles into the sentencing phase of the criminal …


When A Tribal Entity Becomes A Nation: The Role Of Politics In The Shifting Federal Recognition Regulations, Lorinda Riley 2016 University of Oklahoma College of Law

When A Tribal Entity Becomes A Nation: The Role Of Politics In The Shifting Federal Recognition Regulations, Lorinda Riley

American Indian Law Review

Before a tribal entity can exercise the privileges and immunities of external sovereign status, they must first be recognized by the United States. For a variety of reasons, some legitimate tribal entities remain unrecognized today. The Department of the Interior has created a federal acknowledgement process under 25 C.F.R. Part 83, providing a procedure for a petitioning Indian entity to establish federal recognition. Reaching beyond a discussion of the overarching federal acknowledgment process this paper delves into the application of politics on the Department of the Interior’s administrative actions. This article explores how each presidential administration has both shaped and …


Tribal Criminal Jurisdiction Beyond Citizenship And Blood, Addie C. Rolnick 2016 University of Nevada, Las Vegas

Tribal Criminal Jurisdiction Beyond Citizenship And Blood, Addie C. Rolnick

American Indian Law Review

No abstract provided.


Native Americans And The Legalization Of Marijuana: Can The Tribes Turn Another Addiction Into Affluence?, Melinda Smith 2016 University of Oklahoma College of Law

Native Americans And The Legalization Of Marijuana: Can The Tribes Turn Another Addiction Into Affluence?, Melinda Smith

American Indian Law Review

No abstract provided.


Coalbed Methane Development In Wyoming And Montana: The Potential Impacts Of Montana V. Wyoming, Coalbed Methane Development, And Water Quality On The Tribes Of The Powder River And Wind River Basins, Mallory J. Irwinsky 2016 University of Oklahoma College of Law

Coalbed Methane Development In Wyoming And Montana: The Potential Impacts Of Montana V. Wyoming, Coalbed Methane Development, And Water Quality On The Tribes Of The Powder River And Wind River Basins, Mallory J. Irwinsky

American Indian Law Review

No abstract provided.


The Bureau Of Land Management's Finalized Hydraulic Fracturing Rule On Tribal Lands: A Responsibility Or Intrusion?, Kerstie B. Moran 2016 University of Oklahoma College of Law

The Bureau Of Land Management's Finalized Hydraulic Fracturing Rule On Tribal Lands: A Responsibility Or Intrusion?, Kerstie B. Moran

American Indian Law Review

No abstract provided.


Analysis Of A Bias-Based Exception To The Doctrine Of Exhaustion In Wilson V. Bull, R. Mitchell McGrew 2016 University of Oklahoma College of Law

Analysis Of A Bias-Based Exception To The Doctrine Of Exhaustion In Wilson V. Bull, R. Mitchell Mcgrew

American Indian Law Review

No abstract provided.


A Starving Culture: Alaskan Native Villages’ Fight To Use Traditional Hunting And Fishing Grounds, Jeffrey W. Stowers, Jr. 2016 University of Oklahoma College of Law

A Starving Culture: Alaskan Native Villages’ Fight To Use Traditional Hunting And Fishing Grounds, Jeffrey W. Stowers, Jr.

American Indian Law Review

No abstract provided.


Federal Statutory Responsibility And The Mental Health Crisis Among American Indians, Abilene Slaton 2016 University of Oklahoma College of Law

Federal Statutory Responsibility And The Mental Health Crisis Among American Indians, Abilene Slaton

American Indian Law Review

No abstract provided.


Lessons Learned: Avoiding The Hardships Of Tribal Mineral Leasing In The Development Of Oklahoma Tribal Wind Energy, Wyatt Swinford 2016 University of Oklahoma College of Law

Lessons Learned: Avoiding The Hardships Of Tribal Mineral Leasing In The Development Of Oklahoma Tribal Wind Energy, Wyatt Swinford

American Indian Law Review

No abstract provided.


Nothing Personal (Or Subject Matter) About It: Jurisdictional Risk As An Impetus For Non-Tribal Opt-Outs From Tribal Economies, And The Need For Administrative Response, Joel Pruett 2016 University of Oklahoma College of Law

Nothing Personal (Or Subject Matter) About It: Jurisdictional Risk As An Impetus For Non-Tribal Opt-Outs From Tribal Economies, And The Need For Administrative Response, Joel Pruett

American Indian Law Review

No abstract provided.


Implementing A Greener Redd+ In Black & White: Preserving Wounaan Lands And Culture In Panama With Indigenous-Sensitive Modifications To Redd+, Cindy Campbell 2016 University of Oklahoma College of Law

Implementing A Greener Redd+ In Black & White: Preserving Wounaan Lands And Culture In Panama With Indigenous-Sensitive Modifications To Redd+, Cindy Campbell

American Indian Law Review

No abstract provided.


Competing Visions Of Appellate Justice For Indian Country: A United States Court Of Indian Appeals Or An American Indian Supreme Court, Eugene R. Fidell 2016 Yale Law School

Competing Visions Of Appellate Justice For Indian Country: A United States Court Of Indian Appeals Or An American Indian Supreme Court, Eugene R. Fidell

American Indian Law Review

No abstract provided.


The Promise Zone Initiative And Native American Economic Development: Only The First Step Forward Toward The Promise Of A Brighter Future, James Hall 2016 University of Oklahoma College of Law

The Promise Zone Initiative And Native American Economic Development: Only The First Step Forward Toward The Promise Of A Brighter Future, James Hall

American Indian Law Review

No abstract provided.


A Pretty Smart Answer: Justifying The Secretary Of The Interior’S “Seminole Fix” For The Indian Gaming Regulatory Act, Austin R. Vance 2016 University of Oklahoma College of Law

A Pretty Smart Answer: Justifying The Secretary Of The Interior’S “Seminole Fix” For The Indian Gaming Regulatory Act, Austin R. Vance

American Indian Law Review

No abstract provided.


Winner, Best Appellate Brief In The 2016 Native American Law Student Association Moot Court Competition, Ashley Akers, Maureen Orth 2016 University of Oklahoma College of Law

Winner, Best Appellate Brief In The 2016 Native American Law Student Association Moot Court Competition, Ashley Akers, Maureen Orth

American Indian Law Review

No abstract provided.


Capital, Inequality, And Self-Determination: Creating A Sovereign Financial System For Native American Nations, W. Gregory Guedel, Ph.D, J. D. Colbert 2016 University of Oklahoma College of Law

Capital, Inequality, And Self-Determination: Creating A Sovereign Financial System For Native American Nations, W. Gregory Guedel, Ph.D, J. D. Colbert

American Indian Law Review

No abstract provided.


Why Indigenous Peoples’ Property Rights Matter: Why The United Nations Declaration On The Rights Of Indigenous Peoples May Be Used To Condemn Isis And The State Of Iraq For Their Failure To Protect The Property Rights Of Indigenous Peoples In The Nineveh Plains, Brooke E. Hamilton 2016 University of Oklahoma College of Law

Why Indigenous Peoples’ Property Rights Matter: Why The United Nations Declaration On The Rights Of Indigenous Peoples May Be Used To Condemn Isis And The State Of Iraq For Their Failure To Protect The Property Rights Of Indigenous Peoples In The Nineveh Plains, Brooke E. Hamilton

American Indian Law Review

No abstract provided.


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