| Author | Title | Citation | Summary | Year |
| Charles Prior |
Permitting Problems: Environmental Justice and the Miccosukee Indian Tribe |
3 Barry University Environmental and Earth Law Journal 163 (2013) |
The Miccosukee Tribe of Indians is a federally recognized tribe that works and resides in the Everglades region of the State of Florida. The Miccosukee have been battling lax water quality standards through lawsuits since the 1990's. Recent rulings in federal court held that the State of Florida has failed to comply with the Clean Water Act and... |
2013 |
| Caitlain Devereaux Lewis |
Policies of Inequity - a World Apart: a Comparison of the Policies Toward Indigenous Peoples of a Post-colonial Developing Nation to Those of a Post-industrial Developed Nation |
37 American Indian Law Review 423 (2012-2013) |
A people once numerous, powerful, and truly independent, found by our ancestors in the quiet and uncontrolled possession of an ample domain, gradually sinking beneath our superior policy, our arts and our arms, have yielded their lands . . ., until they retain no more of their formerly extensive territory than is deemed necessary to their... |
2013 |
| Jeffrey R. Sprague, Claudia G. Vincent, Tary J. Tobin, CHiXapkaid (Michael Pavel) |
Preventing Disciplinary Exclusions of Students from American Indian/alaska Native Backgrounds |
51 Family Court Review 452 (July, 2013) |
We present 2009-2010 data on disciplinary exclusions in schools and juvenile incarcerations from one state in the United States to demonstrate that American Indian/Alaska Native (AI/AN) students: (a) are disproportionately overrepresented in disciplinary exclusions from the classroom, (b) lose 4.5 times as many student days as White students due to... |
2013 |
| Michael Blakeney |
Protecting the Spiritual Beliefs of Indigenous Peoples--australian Case Studies |
22 Pacific Rim Law & Policy Journal 391 (March, 2013) |
This article examines the extent to which the spiritual beliefs of Aboriginal and Torres Strait Islander Peoples are protected under current Australian law. The first significant recognition by the High Court of Australia of the legal rights of indigenous peoples was in relation to native title over real property. As those peoples define... |
2013 |
| Bethany R. Berger |
RACE, DESCENT, AND TRIBAL CITIZENSHIP |
4 California Law Review Circuit 23 (April, 2013) |
What is the relationship between descent-based tribal citizenship requirements and race or racism? This essay argues that tribal citizenship laws that require Indian or tribal descent are generally neither the product nor the source of racism in federal Indian law and policy. And while descent does affect multiple areas of federal Indian law and... |
2013 |
| Angelique Townsend EagleWoman, Sheri Freemont, Gloria Valencia-Weber, Joseph Williams |
Recognizing the Importance of Indian Law on State Bar Examinations |
60-APR Federal Lawyer 30 (April, 2013) |
Indian law is one of the most complicated areas of law in the United States due to the jurisdictional and substantive issues present. Overlapping governmental interests commonly involve federal jurisdiction, tribal jurisdiction, and at times, state jurisdictional components. There is also the possibility of multiple tribal jurisdictions being... |
2013 |
| Aparna Polavarapu |
Reconciling Indigenous and Women's Rights to Land in Sub-saharan Africa |
42 Georgia Journal of International and Comparative Law 93 (2013) |
I. Introduction 94 II. The Move to Engage with Customary Law 97 III. Legal Frameworks 100 A. International and Regional Indigenous Rights Frameworks 101 B. Formalism in the Women's Rights Legal Frameworks 106 IV. The Gendered Difficulties of Customary and Statutory Law 110 A. Women's Rights Under Pre-Colonial Customary Tenure 111 B. Women and... |
2013 |
| Ryan Seelau |
Regaining Control over the Children: Reversing the Legacy of Assimilative Policies in Education, Child Welfare, and Juvenile Justice That Targeted Native American Youth |
37 American Indian Law Review 63 (2012-2013) |
It is conservatively estimated that in 1491 there were at least forty million people living in the Americas. By the time the United States was founded in 1776, that number had decreased so substantially that federal Indian policy during President Washington's tenure was to let non-Indian population growth force the savage as the wolf, to retire.... |
2013 |
| David H. Getches |
Remarks of David H. Getches: Federal Bar Association Indian Law Conference (April 7, 2011) |
84 University of Colorado Law Review 201 (Winter, 2013) |
At no other occasion is there so much expertise in Indian law gathered in one place, at one time. It is a tribute to the [Federal Bar Association (FBA)] that it does this year after year, renewing our exploration of a subject so vital and exciting to all who come together and so critical to the survival of tribal nations. Thanks to my Colorado... |
2013 |
| Joanna (Joey) Meldrum |
Reservation and Quantification of Indian Groundwater Rights in California |
19 Hastings West-Northwest Journal of Environmental Law, Policy 277 (Summer 2013) |
I. Tribal History II. Importance of Water to Tribes in Southern California A. Surface Water B. Groundwater III. Users of Water on and under the Santa Ynez Reservation A. Current Groundwater Use by the Santa Ynez Chumash B. Water District C. Private Landowners and City of Solvang IV. Tribal Water Rights A. Priority Date of Reserved Water Right B.... |
2013 |
| Jada Scott Greenhowe |
Reservations Please! Could Energy Development on Native American Land Be America's Most Valuable Resource? |
7 Pittsburgh Journal of Environmental and Public Health Law 279 (Spring, 2013) |
Over the past few decades, the energy market has expanded not only in profits, but also in discovery, development and necessity. As demands for energy, and subsequently for new sources of energy, continue to increase, the need to support those demands in a manner that is economically feasible increases as well. Recently, the United States has... |
2013 |
| Jason P. Hipp |
Rethinking Rewriting: Tribal Constitutional Amendment and Reform |
4 Columbia Journal of Race and Law 73 (2013) |
This Essay examines the recent wave of American Indian tribal constitutional change through the framework of subnational constitutional theory. When tribes rewrite their constitutions, they not only address internal tribal questions and communicate tribal values, but also engage with other subnational entities, i.e. states, and the federal... |
2013 |
| |
Revisions Proposed to Indian Country Minor Source Nsr Program |
23 No.5 Air Pollution Consultant 2.13 (2013) |
On June 4, 2013 (78 FR 3326633276), EPA proposed revisions to the new source review (NSR) permitting requirements for minor sources located in Indian country. First, the proposed rule would expand the list of emission units and activities that are exempt from the tribal minor NSR program. Second, the proposed rule would revise the definition of... |
2013 |
| Sarah M. Block |
Richard V. United States: Government Contracts, Indian Treaties, and the Federal Circuit's Evolving Interpretation of "Bad Men" Provisions |
23 Federal Circuit Bar Journal 245 (2013) |
In April 2012, the United States Court of Appeals for the Federal Circuit issued a decision promulgating an innovative interpretation of the bad men provision found in the Treaty of Fort Laramie of 1868. In addressing a seemingly minor claim arising out of a drunk-driving accident in South Dakota, the Federal Circuit broke from its previous... |
2013 |
| Jordan Diamond , Greta Swanson , Kathryn Mengerink |
Rights and Roles: Alaska Natives and Ocean and Coastal Subsistence Resources |
8 Florida A & M University Law Review 219 (Spring, 2013) |
This article explores the strengths and weaknesses of the two pillars of the framework for managing marine subsistence resources in Alaska: the pillar that protects Alaska Native rights to marine subsistence resources, and the pillar that protects the resources themselves. It focuses on how well the pillars support subsistence practices and Alaska... |
2013 |
| Thomas M. Antkowiak |
Rights, Resources, and Rhetoric: Indigenous Peoples and the Inter-american Court |
35 University of Pennsylvania Journal of International Law 113 (Fall 2013) |
In 2012, the Inter-American Court of Human Rights handed down Sarayaku v. Ecuador, a crucial decision on indigenous rights. This Article considers how the Sarayaku judgment impacts the Court's case law on indigenous lands and resources, and evaluates that jurisprudence as a whole. Examining the cases, it becomes evident that the Tribunal now... |
2013 |
| Rutherford Hubbard |
Risk, Rights and Responsibility: Navigating Corporate Responsibility and Indigenous Rights in Greenlandic Extractive Industry Development |
22 Michigan State International Law Review 101 (2013) |
Introduction. 102 I. Extractive Industries and Indigenous Culture in Greenland. 106 A. Greenland; an Introduction. 106 1. Basic Information. 106 2. Extractive Industry Development. 108 3. Cultural Context and the Mixed Economy. 110 B. Legal Frameworks. 113 1. Legal Protection for Indigenous Rights. 113 2. Extractive Industry Regulation. 114 3. The... |
2013 |
| Deepa Das Acevedo |
Secularism in the Indian Context |
38 Law and Social Inquiry 138 (Winter, 2013) |
Indian constitutional framers sought to tie their new state to ideas of modernity and liberalism by creating a government that would ensure citizens' rights while also creating the conditions for democratic citizenship. Balancing these two goals has been particularly challenging with regard to religion, as exemplified by the emergence of a... |
2013 |
| Sepideh Mousakhani |
SEEKING TO EMERGE FROM SLAVERY'S LONG SHADOW: THE INTERPLAY OF TRIBAL SOVEREIGNTY AND FEDERAL OVERSIGHT IN THE CONTEXT OF THE RECENT DISENROLLMENT OF THE CHEROKEE FREEDMEN |
53 Santa Clara Law Review 937 (2013) |
Introduction. 938 I. Background. 939 A. Principles of Indian Law that Inform Federal-Tribal Relations. 939 1. Tribal Sovereignty. 940 2. The Plenary Powers of Congress and the Power of the Executive Branch. 941 3. Federal Judicial Review of DOI and BIA Determinations. 943 4. Tribal Sovereignty and Federal Control Over the Years. 945 5. Civil Rights... |
2013 |
| Sarah Krakoff |
Settler Colonialism and Reclamation: Where American Indian Law and Natural Resources Law Meet |
24 Colorado Natural Resources, Energy & Environmental Law Review 261 (Summer 2013) |
I. Introduction. 262 II. The Colorado River Indian Tribes: From Elimination to Self-Determination. 264 A. Failed Attempts at Elimination: CRIT Survival from 1865-1958. 265 1. 1865-Early 1900s: Federal Dreams of 10,000 Indians. 266 2. Early 1900s-1958: Surviving Allotment and Relocation. 270 B. CRIT Self-Determination and Arizona v. California:... |
2013 |
| Arvind Narrain, Arun K. Thiruvengadam |
Social Justice Lawyering and the Meaning of Indian Constitutionalism: a Case Study of the Alternative Law Forum |
31 Wisconsin International Law Journal 525 (Fall, 2013) |
On 26th of January 1950, we are going to enter into a life of contradictions. In politics we will have equality and in social and economic life we will have inequalities. In politics we will be recognising the principles of one man one vote and one vote one value. In our social and economic life, we shall, by reason of our social and economic... |
2013 |
| Nzingha Hooker |
Something More than Intent: Redefining Joint Authorship to Include America's Native Communities |
41 AIPLA Quarterly Journal 771 (Fall, 2013) |
I. Introduction. 772 II. Defining Authorship. 775 A. The Historical Development of the Copyright Author. 776 B. The Existing Authorship Framework. 778 1. The Copyright Act and Authorship. 778 2. Case Law and the Definition of an Author. 781 C. Defining the Joint Author. 783 1. A Unitary Work. 784 2. Intention. 785 a. The Subjective Intent Standard.... |
2013 |
| Jernej Letnar C̆ernic̆ |
State Obligations Concerning Indigenous Peoples' Rights to Their Ancestral Lands: Lex Imperfecta? |
28 American University International Law Review 1129 (2013) |
I. INTRODUCTION. 1130 II. DEFINING INDIGENOUS PEOPLES. 1134 III. THE SOURCES OF INDIGENOUS PEOPLES' RIGHTS IN NATIONAL AND INTERNATIONAL LEGAL ORDERS. 1136 A. Indigenous Land Rights in International Human Rights Law. 1136 B. National Legal Orders. 1141 IV. THE NATURE AND SCOPE OF INDIGENOUS RIGHTS TO TRADITIONAL ANCESTRAL LANDS. 1146 A. The... |
2013 |
| Daniel Lee |
STATUTES OF ILL REPOSE AND THRESHOLD CANONS OF CONSTRUCTION: A UNIFIED APPROACH TO AMBIGUITY AFTER SAN CARLOS APACHE TRIBE v. UNITED STATES |
36 Seattle University Law Review 1997 (Summer, 2013) |
Through East-Central Arizona runs a dying river. Diversions have reduced the river's flow, and oftentimes, it is completely dry. Severe pollution has rendered the remaining water undrinkable, un-swimmable, and unsuitable for growing crops. Yet parties bitterly dispute who is entitled to this water. Copper companies use the water to operate mines,... |
2013 |
| Nick Robinson |
Structure Matters: the Impact of Court Structure on the Indian and U.s. Supreme Courts |
61 American Journal of Comparative Law 173 (Winter 2013) |
The U.S. Supreme Court sits as a unified bench of nine justices. The Indian Supreme Court sits in panels, and can have up to thirty-one justices. This Article uses the divergent structures of the U.S. and Indian Supreme Courts to explore how specific court structures are adopted to promote different values or understandings of what a supreme court... |
2013 |
| Jacob Berman |
Such Gaming Causes Trouble: Constitutional and Statutory Confusion with the Indian Gaming Regulatory Act |
23 Seton Hall Journal of Sports and Entertainment Law 281 (2013) |
I. Origin of the Species. 282 A. Prehistory. 283 II. The Indian Gaming Regulatory Act. 287 A. Structure of the Act. 287 B. The circuit split. 290 1. The class-based test. 290 2. The Game-Based Test. 292 C. Tenth Amendment issues of the IGRA. 293 III. Why the Class-Based Test Incorrectly Interprets the Indian Gaming Regulatory Act. 297 A.... |
2013 |
| Benjamin A. Kahn |
Sword or Submission? American Indian Natural Resource Claims Settlement Legislation |
37 American Indian Law Review 109 (2012-2013) |
I. Introduction. 110 II. Indian Natural Resource Claims Resolution Options. 114 III. Zuni Claims Settlement. 117 A. History of the Claims. 117 B. Proposed Legislative Settlement. 118 C. Controversial Issues in Settlement Legislation. 119 IV. Fort McDowell Indian Community Water rights Settlement. 123 A. History of the Fort McDowell Indian Community... |
2013 |
| Dean B. Suagee, Peter Bungart |
Taking Care of Native American Cultural Landscapes |
27-SPG Natural Resources & Environment 23 (Spring, 2013) |
In the expanses of undeveloped public lands in the American Southwest, it may be tempting to perceive them as empty and unoccupied landscapes. Such a perception may be particularly common with respect to many of the national parks, national forests, and holdings under the jurisdiction of the Bureau of Land Management (BLM), which are often prized... |
2013 |
| Jeffrey Crockett |
The Department of the Interior's Final Rule Allots American Indians More Freedom to Lease Land for Residential, Commercial, and Renewable Energy Development in Order to Improve American Indians' Economic Condition. |
2 University of Baltimore Journal of Land and Development 157 (Spring 2013) |
Almost 56 million acres of land are held in federal trust for tribal and individual American Indian use meaning that, while American Indians and American Indian tribes have exclusive use of the land, American Indians do not have the full bundle of rights as landowners would have over their land. Incidentally, as beneficiaries, American Indians... |
2013 |
| Robert Albro, American University |
The Elusive Promise of Indigenous Development: Rights, Culture, Strategy Karen Engle (Durham, Nc: Duke University Press, 2010) |
36 PoLAR: Political and Legal Anthropology Review 174 (May, 2013) |
Karen Engle has written a timely book that considers recent advances in human rights-based indigenous advocacy, but also the potential limits of such advocacy. Engle provocatively explores how indigenous rights, understood as human rights, surprisingly might be detrimental to the development of indigenous communities and their pursuit of... |
2013 |
| JoAnne L. Dunec |
The Eskimo and the Oil Man: the Battle at the Top of the World for America's Future Bob Reiss Business Plus, Hachette Book Group, 2012 |
27-WTR Natural Resources & Environment 62 (Winter, 2013) |
It's a challenging environment, conceded Shell Alaska Vice President, Pete Slaiby. --San Francisco Chronicle, November 4, 2012 The Eskimo and the Oil Man illuminates the complexities of drilling for oil in the Arctic, including the daunting physical challenges, deep cultural concerns, and the arduous navigation through environmental analyses and... |
2013 |
| Raymond Cross |
The Fate of Native American Diversity in America's Law Schools |
27 Journal of Civil Rights & Economic Development 47 (Fall, 2013) |
America's law schools should adopt a new diversity initiative that focuses on community development and empowerment within America's minority communities. Their adoption of this new initiative would help reinvigorate the law schools' now flagging social justice and public service missions. Further, there is a successful diversity model available... |
2013 |
| Major General (Retired) Michael J. Nardotti, Jr |
The First Sgm John A. Nicolai Leadership Lecture |
216 Military Law Review 233 (Summer, 2013) |
Thank you. Thank you very much, Sergeant Major, for that very gracious introduction. I would add my welcome to the distinguished guests. Thank you, Lieutenant General Chipman, The Judge Advocate General, for being here. And I would like to say thank you to Major General Altenburg for making the trip down this morning, and the many other... |
2013 |
| S. James Anaya |
The Human Rights of Indigenous Peoples: United Nations Developments |
35 University of Hawaii Law Review 983 (Spring, 2013) |
I. INTRODUCTION. 983 II. THE INSTITUTIONAL COMMITMENT. 984 A. The Working Group on Indigenous Populations. 985 B. The Permanent Forum on Indigenous Issues. 986 C. The Special Rapporteur on Rights of Indigenous Peoples. 987 D. Expert Mechanism on the Rights of Indigenous Peoples. 991 III. INTERNATIONAL STANDARD-SETTING. 992 A. The UN Declaration on... |
2013 |
| Alex Tallchief Skibine |
The Indian Gaming Regulatory Act at 25: Successes, Shortcomings, and Dilemmas |
60-APR Federal Lawyer 35 (April, 2013) |
The Indian Gaming regulatory Act (IGRA), is a unique piece of legislation. Historically, the Indian nations have had a trust relationship with the federal government. The problem with this relationship is that it is an exclusive binary relationship between the Indian nations and the federal government. There is no room for the states in this... |
2013 |
| Dinah Shelton |
The Inter-american Human Rights Law of Indigenous Peoples |
35 University of Hawaii Law Review 937 (Spring, 2013) |
I. INTRODUCTION. 937 II. THE INTER-AMERICAN SYSTEM AND ITS LEGAL INSTRUMENTS. 941 III. INTER-AMERICAN COMMISSION RESOLUTIONS AND REPORTS ON INDIGENOUS RIGHTS. 948 IV. CASE LAW. 950 V. ANALYSIS. 968 A. Foundation and Scope of the Right to Property. 970 B. Keeping Property: Extractive Industries and Resource Rights. 972 C. Cultural Rights. 976 D.... |
2013 |
| Dana E. Prescott |
The Modern "World" of Families Sure Is Flat and Noisy: a Book Review: Ann Laquer Estin, International Family Law Desk Book |
26 Journal of the American Academy of Matrimonial Lawyers 209 (2013) |
Professor Ann Laquer Estin has written an excellent book for practitioners that combines comprehensive scholarship, clear writing, and useful citations. As a decades-long consumer of law books designed and marketed as desk books, I have developed a mental checklist (or bias) by which I assess value: (1) Does the table of contents and index allow me... |
2013 |
| C. Joseph Lennihan |
The New Indian Leasing Regulations: Express Preemption of State Taxation in Indian Country? |
23-SEP Journal of Multistate Taxation and Incentives 30 (September, 2013) |
The Bracker balancing test produced notoriously uneven results; while recent court decisions tipped the scales of taxation in favor of states, the new regulations tilt the scale back in favor of tribal prerogatives. In December 2012, outgoing Secretary of Interior Ken Salazar promulgated new regulations amending Part 162 of Title 25 (Indians) of... |
2013 |
| Philip (jay) Mccarthy, Jr. |
The Oncoming Storm: State Indian Child Welfare Act Laws and the Clash of Tribal, Parental, and Child Rights |
15 Journal of Law and Family Studies 43 (2013) |
An increasing trend has been the enactment of state laws that supplement the federal Indian Child Welfare Act of 1978 (ICWA). These state laws grant Indian tribes significant statutory rights that jeopardize the constitutional rights of both children and parents. Two particular examples where such state legislation infringes upon the constitutional... |
2013 |
| Philip (jay) Mccarthy, Jr. |
The Oncoming Storm: State Indian Child Welfare Act Laws and the Clash of Tribal, Parental, and Child Rights |
2013 Utah Law Review 1027 (2013) |
An increasing trend has been the enactment of state laws that supplement the federal Indian Child Welfare Act of 1978 (ICWA). These state laws grant Indian tribes significant statutory rights that jeopardize the constitutional rights of both children and parents. Two particular examples where such state legislation infringes upon the constitutional... |
2013 |
| Philip (jay) Mccarthy, Jr. |
THE ONCOMING STORM: STATE INDIAN CHILD WELFARE ACT LAWS AND THE CLASH OF TRIBAL, PARENTAL, AND CHILD RIGHTS |
15 Journal of Law and Family Studies 43 (2013) |
An increasing trend has been the enactment of state laws that supplement the federal Indian Child Welfare Act of 1978 (ICWA). These state laws grant Indian tribes significant statutory rights that jeopardize the constitutional rights of both children and parents. Two particular examples where such state legislation infringes upon the constitutional... |
2013 |
| Philip (jay) Mccarthy, Jr. |
THE ONCOMING STORM: STATE INDIAN CHILD WELFARE ACT LAWS AND THE CLASH OF TRIBAL, PARENTAL, AND CHILD RIGHTS |
2013 Utah Law Review 1027 (2013) |
An increasing trend has been the enactment of state laws that supplement the federal Indian Child Welfare Act of 1978 (ICWA). These state laws grant Indian tribes significant statutory rights that jeopardize the constitutional rights of both children and parents. Two particular examples where such state legislation infringes upon the constitutional... |
2013 |
| Stefaan Smis, Dorothée Cambou, Genny Ngende |
The Question of Land Grab in Africa and the Indigenous Peoples' Right to Traditional Lands, Territories and Resources |
35 Loyola of Los Angeles International and Comparative Law Review 493 (Summer 2013) |
On 13 September 2007, the UN General Assembly adopted the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). This event was not only a landmark for the indigenous peoples' movement but also constituted an important contribution to the universal human rights system. The declaration has indeed, after two decades of difficult negotiations,... |
2013 |
| Patrick W. Thomas |
The Recurring Native Response to Global Labor Migration |
20 Indiana Journal of Global Legal Studies 1393 (2013) |
For the past few decades, and increasingly in the past few years, U.S. state governments have supplemented federal immigration law with state laws overtly designed to combat the perceived ills stemming from undocumented immigration to the United States. Proponents of these laws justify them on the basis of a normative negativity associated with... |
2013 |
| Barbara L. Creel |
The Right to Counsel for Indians Accused of Crime: a Tribal and Congressional Imperative |
18 Michigan Journal of Race and Law 317 (Spring 2013) |
INTRODUCTION. 319 I. The Evolution of the Constitutional Right to Counsel as a Fundamental Right Afforded Criminal Defendants in American Courts. 323 A. The Right to Counsel Under English Common Law and in the American Colonies. 323 B. The Nature of the Right to Counsel in State and Federal Courts. 325 C. Effective Assistance of Counsel. 329 II.... |
2013 |
| Birgit Lode, Milan Dehnen |
The Role of Domestic Law in "Agreed Outcome with Legal Force" |
7 Carbon & Climate Law Review 252 (2013) |
With the Warsaw conference just behind us, and less than two years left for the drafting of an agreement intended to follow in the footsteps of the Kyoto Protocol, this article addresses the question how such a successor might look like, i.e., which legal form it might actually take, adhering to the requirements set out in the decision the parties... |
2013 |
| Melina Angelos Healey |
The School-to-prison Pipeline Tragedy on Montana's American Indian Reservations |
37 New York University Review of Law and Social Change 671 (2013) |
I. Introduction. 673 II. Foundations of the Pipeline. 674 A. The Nationwide School-to-Prison Pipeline. 674 B. Tribes and Reservations Examined in this Article. 677 III. Background and Approach. 679 A. The Legacy of American Indian Boarding Schools and Educational Segregation. 679 B. The Utility of a Critical Race Approach to Understanding the... |
2013 |
| Oscar Yale Lewis III , Owner, Law Offices, O. Yale Lewis III |
The Shifting Sands of American Indian Policy |
2013 Aspatore 5293045 (October, 2013) |
Tribes have always had inherent retained authority to establish membership criteria and then to apply those criteria to individual candidates for membership. While this authority is not subject to state law, it is subject to the plenary power of Congress. However, Congress has generally refrained from legislating in the area of tribal membership.... |
2013 |
| Elizabeth Salmón G. |
The Struggle for Laws of Free, Prior, and Informed Consultation in Peru: Lessons and Ambiguities in the Recognition of Indigenous Peoples |
22 Pacific Rim Law & Policy Journal 353 (March, 2013) |
Despite the fact that Peru ratified ILO Convention 169 on December 2, 1993 and was therefore bound by those dispositions, it adopted public policies without consulting indigenous people. This lack of dialogue led to social conflict over the management of natural resources. In June 2009, a violent episode of social unrest emerged in the... |
2013 |
| Kathryn E. Fort |
The Vanishing Indian Returns: Tribes, Popular Originalism, and the Supreme Court |
57 Saint Louis University Law Journal 297 (Winter 2013) |
As the nation faces cultural divides over the meaning of the Founding, the Constitution, and who owns these meanings, the Court's embrace of originalism is one strand that feeds the divide. The Court's valuing of the original interpretation of the Constitution has reinforced the Founder fetishism also found in popular culture, specifically within... |
2013 |