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Indigenous, Indian, and Aboriginal Law Commons

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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 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, David E. Wilkins 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, Geoffrey D. Strommer, Stephen D. Osborne 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, alexander T. Skibine 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, Laura M. Seelau, Ryan Seelau 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, Chinyere Kimberly Ikegbunam 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, Rachel Sibila 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, Luke Emmer Miles 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, Robert Thomas Redwine 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.


Tribal Courts, Non-Indians, And The Right To An Impartial Jury After The 2013 Reauthorization Of Vawa, Cynthia Castillo 2015 U.S. District Court for the Western District of Texas

Tribal Courts, Non-Indians, And The Right To An Impartial Jury After The 2013 Reauthorization Of Vawa, Cynthia Castillo

American Indian Law Review

No abstract provided.


Two Hundred Years On: A Reexamination Of The Acquisition Of Australia, Nii Lante Wallace-Bruce 2014 Supreme Court of the Australian Capital Territory

Two Hundred Years On: A Reexamination Of The Acquisition Of Australia, Nii Lante Wallace-Bruce

Georgia Journal of International & Comparative Law

No abstract provided.


White Mountain Apache Water Rights Quantification Settlement Judgment And Decree, Superior Court of Apache County, Az. 2014 University of New Mexico

White Mountain Apache Water Rights Quantification Settlement Judgment And Decree, Superior Court Of Apache County, Az.

Native American Water Rights Settlement Project

Post- Settlement Court Decree, White Mountain Apache Water Rights Quantification Settlement Judgment and Decree, Parties: WMAT, White Mountain Apache Tribe, AZ, Arizona, USA, United States of America,, Arizona Water Company, Buckeye Irrigation Company, Buckeye Water Conservation and Drainage District, CAWDC, Central Arizona Water Conservation District, City of Avalon, City of Chandler, City of Glendale, City of Mesa, City of Peoria, City of Phoenix, City of Show Low, City of Scottsdale, City of Tempe, Town of Gilbert, RWCD, Roosevelt Water Conservation District, SRP, Salt River Project Agricultural Improvement and Power District, Salt River Valley Water Users' Association,

Quantification of WMAT rights …


Fundamentals Of Contracting By And With Indian Tribes, Michael P. O'Connell 2014 Stoel Rives LLP

Fundamentals Of Contracting By And With Indian Tribes, Michael P. O'Connell

American Indian Law Journal

No abstract provided.


Human Trafficking & Native Peoples In Oregon: A Human Rights Report, Haley Weedn, Joseph Scovel, Jason Juran 2014 Seattle University School of Law

Human Trafficking & Native Peoples In Oregon: A Human Rights Report, Haley Weedn, Joseph Scovel, Jason Juran

American Indian Law Journal

No abstract provided.


How The Esa Can Swallow Alaskan Tribal Sovereignty: The Story Of The Iliamna Lake Seals, Charisse Arce 2014 Seattle University School of Law

How The Esa Can Swallow Alaskan Tribal Sovereignty: The Story Of The Iliamna Lake Seals, Charisse Arce

American Indian Law Journal

No abstract provided.


Sovereignty, Economic Development, And Human Security In Native American Nations, W. Gregory Guedel 2014 Foster Pepper PLLC

Sovereignty, Economic Development, And Human Security In Native American Nations, W. Gregory Guedel

American Indian Law Journal

No abstract provided.


No Tribal Court Is An Island? Citation Practices Of The Tribal Judiciary, Rose Carmen Goldberg 2014 Yale Law School

No Tribal Court Is An Island? Citation Practices Of The Tribal Judiciary, Rose Carmen Goldberg

American Indian Law Journal

No abstract provided.


Fresh Pursuit: A Survey Of Law Among States With Large Land Based Tribes, Erin E. White 2014 Seattle University School of Law

Fresh Pursuit: A Survey Of Law Among States With Large Land Based Tribes, Erin E. White

American Indian Law Journal

No abstract provided.


Beyond Blood Quantum: The Legal And Political Implications Of Expanding Tribal Enrollment, Tommy Miller 2014 Harvard Law School

Beyond Blood Quantum: The Legal And Political Implications Of Expanding Tribal Enrollment, Tommy Miller

American Indian Law Journal

No abstract provided.


Habitat And Harvest: The Modern Scope Of Tribal Treaty Rights To Hunt And Fish, Whitney Angell Leonard 2014 Yale Law School

Habitat And Harvest: The Modern Scope Of Tribal Treaty Rights To Hunt And Fish, Whitney Angell Leonard

American Indian Law Journal

No abstract provided.


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