Fiduciary Obligations And Aboriginal Peoples,
2015
Osgoode Hall Law School of York University
Fiduciary Obligations And Aboriginal Peoples, Kent Mcneil
Articles & Book Chapters
No abstract provided.
Comment On Maxine Burkett's "Rehabilitation: A Proposal For A Climate Compensation Mechanism For Small Island States",
2015
Florida A & M University College of Law
Comment On Maxine Burkett's "Rehabilitation: A Proposal For A Climate Compensation Mechanism For Small Island States", Randall S. Abate
Journal Publications
No abstract provided.
Ethics And Matrimonial Representation Annotated Bibliography,
2015
University of Missouri - Kansas City, School of Law
Ethics And Matrimonial Representation Annotated Bibliography, Barbara Glesner Fines, Nancy Levit
Faculty Works
No abstract provided.
Registering Offense: The Prohibition Of Slurs As Trademarks,
2015
American University Washington College of Law
Registering Offense: The Prohibition Of Slurs As Trademarks, Christine Haight Farley
Contributions to Books
Since 1967, Pro-Football has registered six marks that include the term “redskins,” a derogatory racial epithet that refers to Native Americans. The use of disparaging marks dates back to the 19th century when brands commercialized racial stereotypes, such as Aunt Jemima. Today, offensive marks, including those that ridicule race, ethnicity, gender and religion are proliferating prompting the question of what role trademark law plays in protecting the interests of diverse communities. Section 2(a) of the Lanham Act prohibits the registration of marks that consist of matter that may disparage or bring into contempt or disrepute any person, institution, or belief. …
Registering Offense: The Prohibition Of Slurs As Trademarks,
2015
American University Washington College of Law
Registering Offense: The Prohibition Of Slurs As Trademarks, Christine Farley
Contributions to Books
Since 1967, Pro-Football has registered six marks that include the term “redskins,” a derogatory racial epithet that refers to Native Americans. The use of disparaging marks dates back to the 19th century when brands commercialized racial stereotypes, such as Aunt Jemima. Today, offensive marks, including those that ridicule race, ethnicity, gender and religion are proliferating prompting the question of what role trademark law plays in protecting the interests of diverse communities. Section 2(a) of the Lanham Act prohibits the registration of marks that consist of matter that may disparage or bring into contempt or disrepute any person, institution, or belief. …
Introduction,
2015
University of Colorado Law School
Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Maori People In New Zealand,
2015
University of Colorado Law School
Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Maori People In New Zealand, S. James Anaya
Publications
No abstract provided.
Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In The United States Of America,
2015
University of Colorado Law School
Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In The United States Of America, S. James Anaya
Publications
No abstract provided.
Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On Extractive Industries And Indigenous Peoples,
2015
University of Colorado Law School
Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On Extractive Industries And Indigenous Peoples, S. James Anaya
Publications
No abstract provided.
Water Rights, Water Quality, And Regulatory Jurisdiction In Indian Country,
2015
University of Washington School of Law
Water Rights, Water Quality, And Regulatory Jurisdiction In Indian Country, Robert T. Anderson
Articles
In the seminal Indian water rights case, Winters v. United Slates (1908), the Court posed this question: "The Indians had command of the lands and the waters-command of all their beneficial use, whether kept for hunting, 'and grazing roving herds of stock,' or turned to agriculture and the arts of civilization. Did they give up all this?" The Court's answer was no, and since then a large body of law has developed around Indian water rights, although the primary focus has been on the amount of water reserved for various tribal purposes. While Indian nations use property rights theories to …
The Obsolete Theory Of Crown Unity In Canada And Its Relevance To Indigenous Claims,
2015
Osgoode Hall Law School of York University
The Obsolete Theory Of Crown Unity In Canada And Its Relevance To Indigenous Claims, Kent Mcneil
Articles & Book Chapters
This article examines the application of the theory of the unity of the Crown in Canada in the context of Indigenous peoples. It reveals a consistent retreat by the courts from acceptance of the theory in the late nineteenth century to rejection of it in the second half of the twentieth century. This evolution of the theory' relevance, it is argued, is consistent with Canada federal structure and eventual independence from the United Kingdom. However, in a startling reversal, the Supreme Court reverted to the theory in its 2014 judgment in Grassy Narrows First Nation v Ontario (Minister of Natural …
Political Possibilities Of Reparations,
2015
American University Washington College of Law
Political Possibilities Of Reparations, Ezra Rosser
Scholarly Articles in Law Reviews & Journals
This essay is a brief response to Gregory Alexander's article, published by Law and Social Inquiry, that generally argues against land reparations for past wrongs. This response argues that there are political reasons to leave land reparations on the table, focusing on the claims of Native American tribes.
Congress And Indians,
2015
University of Colorado Law School
Congress And Indians, Kirsten Matoy Carlson
University of Colorado Law Review
Contrary to popular narratives about courts protecting certain minority rights from majoritarian influences, Indian nations lose in the United States Supreme Court over 75 percent of the time. As a result, scholars, tribal leaders, and advocates have suggested that Congress, as opposed to the courts, may be more responsive to Indian interests and have turned to legislative strategies for pursuing and protecting tribal interests. Yet very little is known about the kinds of legislation Congress enacts relating to American Indians. This Article charts new territory in this understudied area and responds to recent calls for more empirical legal studies in …
Instrumentalizing The Expressive: Transplanting Sentencing Circles Into The Canadian Criminal Trial,
2015
Allard School of Law at the University of British Columbia
Instrumentalizing The Expressive: Transplanting Sentencing Circles Into The Canadian Criminal Trial, Toby S. Goldbach
All 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 …
Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In Canada,
2015
University of Colorado Law School
Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In Canada, S. James Anaya
Publications
No abstract provided.
Cherokee Freedmen And The Color Of Belonging,
2015
University of Colorado Law School
Cherokee Freedmen And The Color Of Belonging, Lolita Buckner Inniss
Publications
This article addresses the Cherokee tribe and their historic conflict with the descendants of their former black slaves, designated Cherokee Freedmen. This article specifically addresses how historic discussions of black, red and white skin colors, designating the African-ancestored, aboriginal (Native American) and European-ancestored people of the United States, have helped to shape the contours of color-based national belonging among the Cherokee. This article also suggests that Homi K. Bhabha’s notion of postcolonial mimicry offers a potent source for analyzing the Cherokee’s historic use of skin color as a marker of Cherokee membership. The Cherokee past practice of black slavery and …
Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In The Republic Of The Congo,
2015
University of Colorado Law School
Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In The Republic Of The Congo, S. James Anaya
Publications
No abstract provided.
Introduction To Big Horn General Stream Adjudication Symposium,
2015
University of Colorado Law School
Introduction To Big Horn General Stream Adjudication Symposium, Charles Wilkinson
Publications
No abstract provided.
They Had Nothing,
2015
University of Colorado Law School
Tribal Water Rights Settlements And Instream Flow Protection,
2015
University of Montana
Tribal Water Rights Settlements And Instream Flow Protection, Dylan M. Desrosier
Graduate Student Theses, Dissertations, & Professional Papers
Native American Tribes have been fighting for access, legal recognition, and the control over their water rights for more than a century. Today less than ten percent of the 566 federally recognized Tribes have had their rights legally defined and secured under the law. One particularly complicated and compelling aspect of tribal reserved water rights involves the protection of water instream. Since the McCarran Amendment and state court quantification of Winters reserved rights, Tribes have sought to quantify and protect reserved water rights through negotiated settlement agreements. Although the settlements seek to bring certainty, resolution, and final integration of reserved …
