Postcolonial Management Of The Transboundary Guaraní Aquifer System: Indigenous Input As A Guide For Environmental Sustainability,
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,
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,
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,
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,
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?,
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,
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?,
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,
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,
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,
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,
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,
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+,
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,
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,
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,
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,
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,
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,
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.
