And Justice For All, Someday: Indians, Alaska Natives Face Unique Obstacles,
2015
Alexander Blewett III School of Law at the University of Montana
And Justice For All, Someday: Indians, Alaska Natives Face Unique Obstacles, Maylinn Smith
Faculty Journal Articles & Other Writings
There are many conditions making access to justice more problematic for American Indians and Alaska Natives. Without adequate knowledge of tribal cultures, contemporary and historical issues impacting Indian peoples, and the laws applicable to Indian country, access to justice for American Indians and Alaska Natives can never be achieved.
The Ongoing Traumatic Experience Of Genocide For American Indians And Alaska Natives In The United States: The Call To Recognize Full Human Rights As Set Forth In The United Nations Declaration On The Rights Of Indigenous Peoples,
2015
University of Idaho College of Law
The Ongoing Traumatic Experience Of Genocide For American Indians And Alaska Natives In The United States: The Call To Recognize Full Human Rights As Set Forth In The United Nations Declaration On The Rights Of Indigenous Peoples, Angelique Townsend Eaglewoman
American Indian Law Journal
No abstract provided.
The Man Who Sold The World: The Long Con Of Discovery,
2015
Seattle University School of Law
The Man Who Sold The World: The Long Con Of Discovery, Jessica Buckelew
American Indian Law Journal
No abstract provided.
Betting On The Tribes: United States Endorsement Of The United Nations Declaration On The Rights Of Indigenous People And The Indian Regulatory Act,
2015
Freese & March
Betting On The Tribes: United States Endorsement Of The United Nations Declaration On The Rights Of Indigenous People And The Indian Regulatory Act, Erin Brock
American Indian Law Journal
No abstract provided.
"For Indian Purposes": Exploring The Role Of Water As A Cultural Resource In Securing A Right To Groundwater For The Agua Caliente Band Of Cahuilla Indians,
2015
University of Colorado Law School
"For Indian Purposes": Exploring The Role Of Water As A Cultural Resource In Securing A Right To Groundwater For The Agua Caliente Band Of Cahuilla Indians, Courtney Cole
American Indian Law Journal
No abstract provided.
August 2013-August 2014 Case Law On American Indians,
2015
Morisset, Schlosser, Jozwiak & Somerville
August 2013-August 2014 Case Law On American Indians, Thomas P. Schlosser
American Indian Law Journal
No abstract provided.
Placing Land Into Trust In Alaska: Issues And Opportunities,
2015
Hobbs, Straus, Dean & Walker
Placing Land Into Trust In Alaska: Issues And Opportunities, Geoffrey D. Strommer, Stephen D. Osborne, Craig A. Jacobson
American Indian Law Journal
No abstract provided.
Use Of Native American Tribal Names As Marks,
2015
Michigan State University College of Law
Use Of Native American Tribal Names As Marks, Brian Zark
American Indian Law Journal
No abstract provided.
Memorandum Of Agreement Between The Department Of The Interior And The Department Of The Army Pursuant To Section 206(B) Of The Fort Berthold Mineral Restoration Act, Public Law 98-602 (1984),
2015
University of North Dakota
Memorandum Of Agreement Between The Department Of The Interior And The Department Of The Army Pursuant To Section 206(B) Of The Fort Berthold Mineral Restoration Act, Public Law 98-602 (1984), United States Department Of The Interior, Us Department Of The Army (Civil Works), Us Department Of Indian Affairs
US Government Documents Related to Indigenous Nations
This Memorandum of Agreement, dated May 6, 2015, from the United States (US) Department of the Interior, the US Department of the Army (Civil Works), and the US Department of Indian Affairs, outlines the process by which a portion of land that was taken from the Three Affiliated Tribes of the Fort Berthold Reservation for construction and operation of the Garrison Dam be returned to the Three Affiliated Tribes. The authority of this return is granted by the Fort Berthold Mineral Restoration Act of 1984 (Public Law 98-602).
Blackfeet Tribe V. Town Of Browning, 14-Ap-20 (Blkft. Tr. Ct. App., May 5, 2015),
2015
University of Montana
Blackfeet Tribe V. Town Of Browning, 14-Ap-20 (Blkft. Tr. Ct. App., May 5, 2015), Blackfeet Appellate Court
Court Decisions
In the Blackfeet Tribal Court of Appeals, the Court adopted a federal court policy stating that appeals can only be taken from final judgements of the Blackfeet Tribal Court unless otherwise specified by law. This is done because piecemeal appeals are oppressive and costly and requiring final a judgement for appealability is the Court of Appeals is to avoid constant disruption of the trial process and encourage consolidation in one appeal all errors hat a part feels transpired during trial. United States v. Nixon, 418 US 683, 94 S. Ct. 3090, (1974), 4 Am. Jur 2d Sec. 86.
Tribal Food Sovereignty In The American Southwest,
2015
Getches-Wilkinson Center for Natural Resources, Energy, and the Environment
Tribal Food Sovereignty In The American Southwest, Julia Guarino
Journal of Food Law & Policy
Food is an issue that implicates tribal sovereignty for historical, cultural, and public health reasons. This article undertakes a policy analysis of the importance of food to tribal sovereignty, and suggests that tribes, many of which have begun to do so already, make robust use of the concept of "food sovereignty" as part of their overarching project of protecting and promoting tribal sovereignty in general. This article sets the stage for understanding the importance of food sovereignty to tribes by exploring the history of food and culture in the American Southwest, where the public health consequences of changes in diet …
Green Energy In Indian Country As A Double-Edged Sword For Native Americans: Drawing On The Inter-American And Colombian Legal Systems To Redefine The Right To Consultation,
2015
Florida A&M University College of Law
Green Energy In Indian Country As A Double-Edged Sword For Native Americans: Drawing On The Inter-American And Colombian Legal Systems To Redefine The Right To Consultation, Diana Coronel David
Student Works
Energy is a key component in the redress of climate change evils and the United States has one of the highest per capita energy consumption in the world. The federal government’s goal is to reduce the country’s dependence on oil and double its wind and solar electricity generation by 2025. The development of renewable energy projects is to a great extent tied to Indian Country. This is highly important for Indian tribes as an empowering mechanism. Such projects could represent new sources of income for tribes whose traditional subsistence-based lifestyles have been impacted by climate change. Renewable energy projects in …
Getches-Wilkinson Center Newsletter, Spring 2015,
2015
University of Colorado Law School
Getches-Wilkinson Center Newsletter, Spring 2015, 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.
Optimizing Reservoir Operations To Adapt To 21st Century Expectations Of Climate And Social Change In The Willamette River Basin, Oregon,
2015
Oregon State University
Optimizing Reservoir Operations To Adapt To 21st Century Expectations Of Climate And Social Change In The Willamette River Basin, Oregon, Kathleen M. Moore
Publications
Reservoir systems in the western US are managed to serve two main competing purposes: to reduce flooding during the winter and spring, and to provide water supply for multiple uses during the summer. Because the storage capacity of a reservoir cannot be used for both flood damage reduction and water storage at the same time, these two uses are traded off as the reservoir fills during the transition from the wet to the dry season. Climate change, population growth, and development in the western US may exacerbate dry season water scarcity and increase winter flood risk, creating a need to …
Spring 2015 Utton Center Newsletter,
2015
University of New Mexico
Spring 2015 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law
Publications
No abstract provided.
Moving Beyond Rhetoric: Working Toward Reconciliation Through
Self-Determination,
2015
University of Manitoba
Moving Beyond Rhetoric: Working Toward Reconciliation Through Self-Determination, Brenda L. Gunn
Dalhousie Law Journal
The settlement of the residential school system class action and the creation of the Truth and Reconciliation Commission of Canada have renewed discussions on the relationship between Indigenous peoples and the Crown as part of achieving reconciliation. This article argues that promoting reconciliation in Canada requires addressing the underlying issue that led to the residential school system: the unilateral impositionofcolonial law with the goal of assimilating Indigenous peoples. The best way to prevent such actions in the future requires realizing Indigenous peoples right to self-determination. The U.N. Declaration, with its recognition of Indigenous peoples' right to self-determination, provides a framework …
As Long As The Water Shall Flow: Bringing Water To Tribal Homelands,
2015
University of New Mexico - School of Law
As Long As The Water Shall Flow: Bringing Water To Tribal Homelands, Jeanette Wolfley
Faculty Scholarship
Only the first page is uploaded. Please contact the UNM Law Library on accessing the full text.
Protecting Sacred Ground: The San Manuel Ruling And Implications For Indian Cultural Resource Preservation,
2015
University of the District of Columbia School of Law
Protecting Sacred Ground: The San Manuel Ruling And Implications For Indian Cultural Resource Preservation, Gray O'Dwyer
University of the District of Columbia Law Review
Six hundred years ago, all land in America was Indian land.1 Then,"[Europe] conducted some of her adventurous sons into this western world.., and discovery gave title... [which] could be consummated by possession."2 This "doctrine of discovery," agreed upon between colonial powers, essentially granted title to anyone who could occupy American soil. Europeans quickly scrambled to negotiate peace treaties with native tribes so that they could install settlers and thereby claim territory. The inherent problems with these treaties were numerous; beyond conflicting interests,3 outright fraud,4 and language barriers, the terms of transfer were inherently invalid because the government that was taking …
Schaghticoke Tribal Nation V. Kent School Corporation Inc.,
2015
University of Montana School of Law
Schaghticoke Tribal Nation V. Kent School Corporation Inc., Lindsey M. West
Public Land & Resources Law Review
The United States Court of Appeals for the Second Circuit affirmed dismissal of three consolidated actions of the Schaghticoke Tribal Nation claiming the Schaghticoke had been dispossessed of Indian land without the approval of Congress, a violation of the Nonintercourse Act. The court found the district court correctly deferred under the primary jurisdiction doctrine to the United States Department of Interior’s determination that the Schaghticoke did not qualify for tribal status. Additionally, the district court properly relied on the Department of Interior’s factual findings in holding the Schaghticoke presented insufficient evidence to establish a prima facie violation of the Nonintercourse …
Jackson V. Payday Financial, Llc.,
2015
University of Montana School of Law
Jackson V. Payday Financial, Llc., Hannah S. Cail
Public Land & Resources Law Review
In Jackson v. Payday Financial, the Seventh Circuit Court of Appeals held loan a provision requiring arbitration in tribal court was unreasonable and substantially and procedurally unconscionable. The Court rejected Payday’s argument that the dispute belonged in tribal court, because there was no subject matter jurisdiction over Plaintiffs’ claims, and the defendants did not raise a colorable claim for tribal jurisdiction or tribal exhaustion.
