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 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.
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. …
Acknowledgment Of Supporters,
2015
University of New Mexico
Acknowledgment Of Supporters, Utton Center, University Of New Mexico - School Of Law
Water Matters!
List of supporters.
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 …
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.
Liberte, Egalite, Fraternite: The United Nations Declaration Of The Rights Of Indigenous Peoples Fails To Protect Hopi Katsinam From The Auction Block In France,
2015
Brooklyn Law School
Liberte, Egalite, Fraternite: The United Nations Declaration Of The Rights Of Indigenous Peoples Fails To Protect Hopi Katsinam From The Auction Block In France, Samantha K. Nikic
Brooklyn Journal of International Law
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) compels member states to take action in order to protect the rights of the world’s 370 million indigenous peoples, including the right to their cultural property. Notwithstanding the UNDRIP’s robust set of protections, its status as a nonbinding piece of international law remains its ultimate and most fatal flaw. France was an enthusiastic supporter of the UNDRIP at ratification, but has effectively abandoned their position. French auction houses and courts have allowed for sales of Native American sacred property to proceed despite the objections of the Hopi Tribe. In …
A Tribute To Vine Deloria, Jr.: An Indigenous Visionary,
2015
University of Richmond
A Tribute To Vine Deloria, Jr.: An Indigenous Visionary, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
A Standing Rock Lakota citizen, Deloria was arguably the most intellectually gifted and articulate spokesman for Indigenous nationhood in the twentieth century. He was never quite comfortable with the notion that he was, in fact, the principal champion of tribal nations and their citizens, since he expected that each Native nation and every tribal citizen express confidence in their own distinctive identities, develop their own unique talents, and wield their collective and individual sovereignty in a way that enriched not only their own nations but all those around them as well.
For Deloria, freedom and justice could only be achieved …
The History, Status, And Future Of Tribal Self-Governance Under The Indian Self-Determination And Education Assistance Act,
2015
Hobbs, Straus, Dean & Walker
The History, Status, And Future Of Tribal Self-Governance Under The Indian Self-Determination And Education Assistance Act, Geoffrey D. Strommer, Stephen D. Osborne
American Indian Law Review
This year marks the 40th anniversary of the Indian Self-Determination and Education Assistance Act of 1975 (ISDEAA), a cornerstone of modern federal Indian policy. In 1988, amendments to the ISDEAA created the Tribal Self-Governance Demonstration Project. By providing a statutory basis for the broader movement of tribal self-governance, this legislation recognized and advanced the proposition that Indian tribes can provide better governmental services to their own members than can distant federal bureaucracies. Expanded and refined in subsequent legislation in 1994 and 2000, the Self-Governance Policy has proven so successful that today over 50% of all federal Indian programs are carried …
Constitutionalism, Federal Common Law, And The Inherent Powers Of Indian Tribes,
2015
University of Utah S.J. Quinney of law
Constitutionalism, Federal Common Law, And The Inherent Powers Of Indian Tribes, Alexander T. Skibine
American Indian Law Review
No abstract provided.
Making Indigenous Self-Determination Work: What The Nation Building Principles And Three Case Studies From Chile Teach Us About Implementing Indigenous Human Rights,
2015
Project for Indigenous Self-Determination
Making Indigenous Self-Determination Work: What The Nation Building Principles And Three Case Studies From Chile Teach Us About Implementing Indigenous Human Rights, Laura M. Seelau, Ryan Seelau
American Indian Law Review
No abstract provided.
“Touching The Concerns” Of Kiobel: Corporate Liability And Jurisdictional Remedies In Response To Kiobel Vs. Royal Dutch Petroleum,
2015
University of Oklahoma College of Law
“Touching The Concerns” Of Kiobel: Corporate Liability And Jurisdictional Remedies In Response To Kiobel Vs. Royal Dutch Petroleum, Chinyere Kimberly Ikegbunam
American Indian Law Review
No abstract provided.
“Play Or Pay”: Interpreting The Employer Mandate Of The Patient Protection And Affordable Care Act As It Relates To Tribal Employers,
2015
University of Oklahoma College of Law
“Play Or Pay”: Interpreting The Employer Mandate Of The Patient Protection And Affordable Care Act As It Relates To Tribal Employers, Rachel Sibila
American Indian Law Review
No abstract provided.
A Tale Of Two Statutes: Zepeda And The Ninth Circuit’S Descent Into Jurisdictional Madness,
2015
University of Oklahoma College of Law
A Tale Of Two Statutes: Zepeda And The Ninth Circuit’S Descent Into Jurisdictional Madness, Luke Emmer Miles
American Indian Law Review
No abstract provided.
Falling Off Balance: How The Tenth Circuit’S Stance On The Implementation Of A Balancing Test Undermines Congressional Intent In Regard To Extending Sovereign Immunity To Economic Entities Of A Tribe,
2015
University of Oklahoma College of Law
Falling Off Balance: How The Tenth Circuit’S Stance On The Implementation Of A Balancing Test Undermines Congressional Intent In Regard To Extending Sovereign Immunity To Economic Entities Of A Tribe, Robert Thomas Redwine
American Indian Law Review
No abstract provided.
