| Author | Title | Citation | Summary | Year |
| Ken Coates, University of Saskatchewan |
Saliha Belmessous, Ed., Native Claims: Indigenous Law Against Empire, 1500-1920, Oxford: Oxford University Press, 2011. Pp. 288. $78.00 Cloth (Isbn: 9780199794850). Doi:10.1017/s0738248015000516 |
33 Law and History Review 1007 (November, 2015) |
The 2007 adoption of the United Nations Declaration on the Rights of Indigenous Peoples altered the political landscape for Aboriginal peoples and governments. At a national level, a lengthy series of legal decisions in countries such as Brazil, Norway, Canada, the United States, Australia, and New Zealand have redefined indigenous rights before... |
2015 |
| Gabrielle Mandeville |
Sex Trafficking on Indian Reservations |
51 Tulsa Law Review 181 (Summer 2015) |
Violet is a Native American girl raised in a foster home. Her foster parents called her and her sisters little savages and often admonished them to be thankful they had a home. Adult relatives and family friends sexually abused Violet when she was child. When she turned twelve, she was kidnapped and trafficked to another city where she was... |
2015 |
| Robert A. Gottfried |
Six Ways this Article Is Most Definitely Not an Ad: Deceptive Marketing and the Need for Clearly-defined Disclosure Rules in Online Native Advertisement |
27 Loyola Consumer Law Review 399 (2015) |
As society moves further into the Digital Age, traditional methods of online advertisement become less effective. The advent of pop-up blockers and other internet browser extensions designed to filter out advertisements from a user's online experience suggests a hostile consumer attitude towards sponsored content. In response, online content... |
2015 |
| Margaret H. Zhang |
Special Domestic Violence Criminal Jurisdiction for Indian Tribes: Inherent Tribal Sovereignty Versus Defendants' Complete Constitutional Rights |
164 University of Pennsylvania Law Review 243 (December, 2015) |
Introduction. 244 I. Tribal Criminal Jurisdiction in Indian Country. 249 A. Historical Origins. 249 B. Oliphant: No Jurisdiction over Non-Indians. 252 C. Duro, the Duro Fix, and Lara: Jurisdiction over Nonmember Indians. 253 II. Special Domestic Violence Criminal Jurisdiction Under VAWA 2013. 256 A. Narrowly Expanded Tribal Criminal Jurisdiction... |
2015 |
| Margaret H. Zhang |
SPECIAL DOMESTIC VIOLENCE CRIMINAL JURISDICTION FOR INDIAN TRIBES: INHERENT TRIBAL SOVEREIGNTY versus DEFENDANTS' COMPLETE CONSTITUTIONAL RIGHTS |
164 University of Pennsylvania Law Review 243 (December, 2015) |
Introduction. 244 I. Tribal Criminal Jurisdiction in Indian Country. 249 A. Historical Origins. 249 B. Oliphant: No Jurisdiction over Non-Indians. 252 C. Duro, the Duro Fix, and Lara: Jurisdiction over Nonmember Indians. 253 II. Special Domestic Violence Criminal Jurisdiction Under VAWA 2013. 256 A. Narrowly Expanded Tribal Criminal Jurisdiction... |
2015 |
| Andrew W. Baldwin, Kelly A. Rudd, M.J. Vuinovich |
Special Health Care Provisions for Indians in 'Obamacare' in Need of Protection |
40-SEP Montana Lawyer 18 (September, 2015) |
Congress exempted American Indians from payment of health insurance deductibles and co-payments under the Patient Protection and Affordable Care Act (ACA) (Obamacare) as a progressive way to help fulfill federal trust and treaty obligations in Indian Country. However, recent IRS regulations prevent tribal members from obtaining this exemption if... |
2015 |
| Mike Montgomery |
Spotlight On: the Native American Fatherhood and Families Association |
35 Children's Legal Rights Journal 91 (Spring, 2015) |
Indian Child Welfare Act's (the ICWA) passage in 1978 was a monumental step in Congressional recognition of the abusive and culturally-insensitive practices that were being utilized in the removal of Native American children from their homes. As significant as the passage of the ICWA to secure certain rights to Native American parents has been,... |
2015 |
| Karen M. Tani |
States' Rights, Welfare Rights, and the "Indian Problem": Negotiating Citizenship and Sovereignty, 1935-1954 |
33 Law and History Review Rev. 1 (February, 2015) |
What distinguishes the American Indians from other native groups is . the nature of their relationship with a government which, while protecting their welfare and their rights, is committed to the principles of tribal self-government and the legal equality of races. Felix S. Cohen, Chairman, Board of Appeals, United States Department of Interior... |
2015 |
| Jennifer H. Weddle |
Suffer No Tyranny |
62-APR Federal Lawyer 64 (April, 2015) |
American Indian tribes, as sovereign governments within the United States' constitutional federalism, enjoy immunity A from suit just as the federal and state governments do. As sovereigns, tribal governments may make different policy choices than their sister sovereigns, whether they be states or other tribes. Sometimes these differing policy... |
2015 |
| Albert M. Rosenblatt, Julia C. Rosenblatt, Eds. |
The Dutch, Munsees, and the Purchase of Manhattan Island by Paul Otto from Opening Statements - Law, Jurisprudence, and the History of Dutch New York |
87-JAN New York State Bar Journal 10 (January, 2015) |
We may call England our mother country, but our culture, political system, and jurisprudence have a more varied heritage. Each state with its own settlement history has a unique flavor. Our nation's lineage, and New York's in particular, has an often-overlooked Dutch component. Scholars differ as to how much of New Netherland, or Dutch New York,... |
2015 |
| Joseph O. Gribbin |
The Glass Eeling: Maine's Glass Eel and Elver Regulations and Their Effects on Maine's Native American Tribes |
20 Ocean and Coastal Law Journal 83 (2015) |
Until recently, elvers and glass eels were not commercially popular aquatic creatures. However, a tsunami and European ban depleted Asian supplies, which rapidly increased the demand for American elvers and glass eels. The increased demand for elvers has driven their price from hundreds of dollars to thousands of dollars per pound. This increased... |
2015 |
| Patty Ferguson-Bohnee |
The History of Indian Voting Rights in Arizona: Overcoming Decades of Voter Suppression |
47 Arizona State Law Journal 1099 (Winter 2015) |
In 2006, Navajo elder Agnes Laughter attempted to vote as she had for over thirty years. Not only was she turned away from the polls, she was berated for not having identification (ID) as required by Arizona's new voter ID law. Ms. Laughter was discouraged and distraught. She did not have a photo ID nor did she have any documents to satisfy... |
2015 |
| Geoffrey D. Strommer, Stephen D. Osborne |
The History, Status, and Future of Tribal Self-governance under the Indian Self-determination and Education Assistance Act |
39 American Indian Law Review Rev. 1 (2014-2015) |
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... |
2015 |
| Walter Echo-Hawk |
The Human-rights Era of Federal Indian Law |
62-APR Federal Lawyer 32 (April, 2015) |
What is the future of federal Indian law? The rise of modern Indian nations took place over the past 45 years. During the Indian self-determination era since 1970, hard-fought nation-building advances were achieved within the framework of federal Indian law. It is fitting to commemorate those formative years, especially on the 40th anniversary of... |
2015 |
| Jeffrey A. Parness, Amanda Beveroth |
The Icwa's Pre-existing Custody Requirement: a Flexible Approach to Better Protect the Interests of Indian Fathers, Children, and Tribes |
35 Children's Legal Rights Journal 25 (Spring, 2015) |
The Congress hereby declares that it is the policy of this Nation to protect the best interests of Indian children and to promote the stability and security of Indian tribes and families by the establishment of minimum Federal standards for the removal of Indian children from their families and the placement of such children in foster or adoptive... |
2015 |
| Sandip Sukhtankar, Dartmouth College |
The Impact of Corruption on Consumer Markets: Evidence from the Allocation of Second-generation Wireless Spectrum in India |
58 Journal of Law & Economics 75 (February, 2015) |
Theoretical predictions of the impact of corruption on economic efficiency are ambiguous, with models allowing for positive, negative, or neutral effects. While much evidence exists on levels of corruption, less is available on its impact, particularly its impacts on consumer markets. This paper investigates empirically the effect of the corrupt... |
2015 |
| Kathleena Kruck |
The Indian Child Welfare Act's Waning Power after Adoptive Couple V. Baby Girl |
109 Northwestern University Law Review 445 (Winter 2015) |
In the 1970s, state authorities began removing Indian children from their homes by the thousands and placing them into foster care, institutional housing, and with white families. To counteract this forced assimilation, Congress passed the Indian Child Welfare Act (ICWA) in 1978. The ICWA conferred many powers previously held by the... |
2015 |
| Gary J. Bass |
The Indian Way of Humanitarian Intervention |
40 Yale Journal of International Law 227 (Summer 2015) |
Introduction. 228 I. Pakistan's Claims of Sovereignty. 233 A. Background. 233 B. Pakistan's Argument for Sovereignty. 236 C. Nehruvian Ideology and the Problem of Sovereignty. 238 II. India's Arguments for Humanitarian Intervention. 239 A. The Argument from Human Rights. 244 1. India's Claims. 244 2. The Rhodesian Precedent. 246 3. Results. 249 B.... |
2015 |
| Leti Volpp |
The Indigenous as Alien |
5 UC Irvine Law Review 289 (June, 2015) |
I. Space, Time, Membership. 293 II. Indians As Aliens and Citizens. 300 III. The Political Theory of Forgetting--The Settler's Alibi. 316 |
2015 |
| Kathryn E. Fort, Peter S. Vicaire |
The Invisible Families |
62-APR Federal Lawyer 40 (April, 2015) |
There is little written on child welfare Issues as they Involve Native military families. In the recent case of Adoptive Couple v. Baby Girl, the Supreme Court erased them entirely. The federal government, tribes, and states can address issues affecting Native military families in a number of ways, including: Kinship placement in contested... |
2015 |
| Guy Charlton |
The Law of Native American Hunting, Fishing and Gathering Rights Outside of Reservation Boundaries in the United States and Canada |
39 Canada-United States Law Journal 68 (2015) |
This article examines and compares the law of Native American/Aboriginal hunting, fishing and gathering rights in those areas which are located outside of reserved land area in Canada and the United States. The article argues that despite the differing statutory and constitutional traditions, both states' law and policy towards the Native... |
2015 |
| Claire Charters |
The Legitimising Effect of Coordination Between Relevant International Institutions and the Harmonisation of the Rights of Indigenous Peoples |
32 Arizona Journal of International and Comparative Law 169 (Symposium, 2015) |
I. Introduction. 169 II. Legitimacy Explained. 171 III. How Special Rapporteur Anaya Increased the Legitimacy of Indigenous Peoples' Rights Under International Law. 172 A. The Special Rapporteur, the Expert Mechanism, and the Permanent Forum. 173 B. Special Procedures, Human Rights Treaty Bodies, and the Human Rights Council's Universal Periodic... |
2015 |
| Jessie Stomski Seim , Jessica Intermill |
The Nations Within an Indian Law Faq |
72-OCT Bench and Bar of Minnesota 18 (October, 2015) |
Indian law is a complex, difficult, and sometimes contradictory patchwork that varies enormously in substance and application from jurisdiction to jurisdiction. It can seem an impenetrable maze to the outside practitioner; this primer on its history and key principles is designed to serve as an aid to navigation. So you know that Minnesota is the... |
2015 |
| Emily Becker |
The Power of Social Movements and the Limits of Pluralism: Tracing Rastafarianism and Indigenous Resurgence Through Commonwealth Caribbean Law and Culture |
43 International Journal of Legal Information 136 (Summer-Winter, 2015) |
In the post-colonial era, social movements in the Commonwealth Caribbean have empowered citizens to reclaim, redefine and further develop their identity. These movements, combined with a history of colonialism and transatlantic slavery in the region, have yielded a Caribbean culture too diverse to be labeled. Indeed, the Caribbean culture is... |
2015 |
| Dr. Morad Elsana |
The Recognition of Indigenous Peoples' Land: Application of the Customary Land Rights Model on the Arab-bedouin Case in Israel |
7 Georgetown Journal of Law & Modern Critical Race Perspectives 45 (Spring, 2015) |
Inspired by Aboriginal land recognition in Australia, this article introduces the native title doctrine and customary law doctrine as methods for indigenous land recognition, and introduces the application of these methods to the Bedouin case of land conflict. This paper argues that the legal system in Israel includes at least two options that... |
2015 |
| Robert T. Coulter |
The Situation of the Indigenous People of Rapa Nui and International Law: Reflections on Indigenous Peoples and the Ethics of Remediation |
13 Santa Clara Journal of International Law 293 (2015) |
My colleague Leonardo Crippa and I have advised and provided some legal assistance during the past four years to the indigenous people of Rapa Nui, often called Easter Island. This brief account of that situation and the applicable international law relating to indigenous peoples, self-determination, lands, sacred sites, and environmental... |
2015 |
| Jasmine Plummer |
The Yanomami: Illegal Mining, Law, and Indigenous Rights in the Brazilian Amazon |
27 Georgetown International Environmental Law Review 479 (Spring, 2015) |
The Yanomami are one of the largest isolated indigenous tribes in the world. They inhabit the Amazon rainforest, which is under significant pressure from a variety of companies and groups, including illegal miners. Illegal mining has been omnipresent and especially problematic for the Yanomami--the tribe has endured violence, disease, and constant... |
2015 |
| Katerina Silcox |
Thompson V. Fairfax County Department of Family Services: Determining the Best Interests of the Indian Child |
10 Liberty University Law Review 141 (Fall, 2015) |
Children are a gift from the Lord - Psalm 127:3. Remember that your children are not your own, but are lent to you by the Creator. - Mohawk Proverb In the Virginia case of Thompson v. Fairfax County Department of Family Services, the Virginia Court of Appeals declined to recognize the so-called Existing Indian Family Exception (hereinafter... |
2015 |
| Jessica Greer Griffith |
Too Many Gaps, Too Many Fallen Victims: Protecting American Indian Women from Violence on Tribal Lands |
36 University of Pennsylvania Journal of International Law 785 (Spring 2015) |
1. Introduction. 787 2. Scope of the Problem. 790 3. Overview of Criminal Jurisdiction in Indian Country. 793 3. 1. Federal Jurisdiction in Indian Country. 795 3. 2. Public Law 280 and the Transfer of Jurisdiction in Indian Country to Specific States. 797 3. 3. The Indian Civil Rights Act of 1968. 799 3. 4. Tribal Jurisdiction over Non-Indians. 800... |
2015 |
| Jessica Greer Griffith |
TOO MANY GAPS, TOO MANY FALLEN VICTIMS: PROTECTING AMERICAN INDIAN WOMEN FROM VIOLENCE ON TRIBAL LANDS |
36 University of Pennsylvania Journal of International Law 785 (Spring 2015) |
1. Introduction. 787 2. Scope of the Problem. 790 3. Overview of Criminal Jurisdiction in Indian Country. 793 3. 1. Federal Jurisdiction in Indian Country. 795 3. 2. Public Law 280 and the Transfer of Jurisdiction in Indian Country to Specific States. 797 3. 3. The Indian Civil Rights Act of 1968. 799 3. 4. Tribal Jurisdiction over Non-Indians. 800... |
2015 |
| |
Treated Worse than Animals: Women and Girls in Indian Mental Institutions |
22 No.1 Human Rights Brief 14 (Spring, 2015) |
In January 2015, Bollywood actress Deepika Padukone revealed to the press that she has struggled with depression and anxiety. Her disclosure has received praise and sparked a discussion in a society where, according to Ms. Padukone, [t]here is shame and stigma attached to talking about depression. Supporting her assessment is a report released by... |
2015 |
| Cynthia Castillo |
Tribal Courts, Non-indians, and the Right to an Impartial Jury after the 2013 Reauthorization of Vawa |
39 American Indian Law Review 311 (2014-2015) |
In February 2013, Congress passed the Violence Against Women Reauthorization Act of 2013 (VAWA). The previous version of the bill lapsed in 2011 while lawmakers argued over several controversial provisions. One particularly controversial provision of the Act now extends tribal court jurisdiction over non-Indians in cases involving couples living on... |
2015 |
| Cynthia Castillo |
TRIBAL COURTS, NON-INDIANS, AND THE RIGHT TO AN IMPARTIAL JURY AFTER THE 2013 REAUTHORIZATION OF VAWA |
39 American Indian Law Review 311 (2014-2015) |
In February 2013, Congress passed the Violence Against Women Reauthorization Act of 2013 (VAWA). The previous version of the bill lapsed in 2011 while lawmakers argued over several controversial provisions. One particularly controversial provision of the Act now extends tribal court jurisdiction over non-Indians in cases involving couples living on... |
2015 |
| Addie C. Rolnick |
TRIBAL CRIMINAL JURISDICTION BEYOND CITIZENSHIP AND BLOOD |
39 American Indian Law Review 337 (2014-2015) |
Introduction. 338 I. A Patchwork of Rules. 348 A. Jurisdiction Ends at the Indian. 352 B. Jurisdiction Extends to Nonmember Indians. 360 1. Duro v. Reina. 361 2. The Duro Fix. 364 C. Who Is an Indian?. 369 1. Challenges to the Duro Fix. 372 2. Federal Court Review of Tribal Jurisdiction over Unenrolled People. 376 3. Federal Jurisdiction... |
2015 |
| Ann E. Tweedy |
TRIBAL LAWS & SAME-SEX MARRIAGE: THEORY, PROCESS, AND CONTENT |
46 Columbia Human Rights Law Review 104 (Spring, 2015) |
Although twelve federally recognized Indian tribes are currently known to allow same-sex marriage, comprehensive information on the content of each of these laws and the processes by which they came to be adopted is not available from any single source. This lack of information is due in part to the fact that tribal same-sex marriage laws as we... |
2015 |
| Lorelei Laird |
Tribal Rights |
101-MAY ABA Journal 15 (May, 2015) |
When South Dakota's Pennington County petitioned to take custody of Madonna Pappan's children, the hearing lasted slightly more than 60 seconds. Pappan and her husband were not permitted to present any evidence supporting their continued custody, according to a subsequent lawsuit. After her husband asked the judge what he was allowed to say in... |
2015 |
| Alex T. Skibine |
USING THE NEW EQUAL PROTECTION TO CHALLENGE FEDERAL CONTROL OVER TRIBAL LANDS |
36 Public Land & Resources Law Review 3 (2015) |
Introduction. 4 I. Distinguishing Between Racial and Political Classifications. 10 A. The Case Law at the Supreme Court. 10 1. The Pre- Mancari Cases. 10 2. Mancari and its Progeny. 12 B. The Case Law in the Lower Courts. 21 C. The Indian Commerce Clause Power as the Determinant Factor on Whether the Classification is Racial or Political. 32 II.... |
2015 |
| Robert T. Anderson |
Water Rights, Water Quality, and Regulatory Jurisdiction in Indian Country |
34 Stanford Environmental Law Journal 195 (September, 2015) |
In the seminal Indian water rights case, Winters v. United States (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... |
2015 |
| Lorinda Riley |
WHEN A TRIBAL ENTITY BECOMES A NATION: THE ROLE OF POLITICS IN THE SHIFTING FEDERAL RECOGNITION REGULATIONS |
39 American Indian Law Review 451 (2014-2015) |
Before a tribal entity can exercise the privileges and immunities of external sovereign status, they must first be recognized by the United States. For a variety of reasons, some legitimate tribal entities remain unrecognized today. The Department of the Interior has created a federal acknowledgement process under 25 C.F.R. Part 83, providing a... |
2015 |
| Laura M. Seelau , Ryan Seelau |
When I Want Your Opinion, I'll Give it to You: How Governments Support the Indigenous Right to Consultation in Theory, but Not in Practice |
23 Cardozo Journal of International and Comparative Law 547 (Spring, 2015) |
I. Introduction. 547 II. Consultation: The International Mechanism to Realize Indigenous Peoples' Rights. 550 III. Background. 553 A. Indigenous Peoples. 553 B. Indigenous Rights Legal Framework in Chile. 555 C. Indigenous Law (Law No. 19.253). 556 D. ILO Convention 169 on Indigenous and Tribal Peoples. 558 E. Decree No. 124. 562 F. Environmental... |
2015 |
| Elizabeth Ann Kronk Warner |
Working to Protect the Seventh Generation: Indigenous Peoples as Agents of Change |
13 Santa Clara Journal of International Law 273 (2015) |
This essay builds on my comments presented in response to Professor Rebecca Tsosie's article at The Environment and Human Rights symposium co-hosted by the Santa Clara Journal of International Law and the Center for Global Law & Policy on January 24 and 25, 2014. Professor Tsosie's presentation and resulting article focus on the ethics of... |
2015 |
| Jeanette Wolfley |
You Gotta Fight for the Right to Vote: Enfranchising Native American Voters |
18 University of Pennsylvania Journal of Constitutional Law 265 (October, 2015) |
Introduction. 266 I. REVIEW OF SHELBY COUNTY AND INTER TRIBAL COUNCIL. 271 A. Shelby County. 271 B. Inter Tribal Council. 274 II. YOU GOTTA FIGHT FOR THE RIGHT . . . TO VOTE. 277 A. Indian Voting Challenges. 277 B. Disparities in Indian Country. 280 III. PROTECTING THE DREAM:THE FUTURE OF NATIVE AMERICAN VOTING RIGHTS IN INDIAN COUNTRY. 284 A.... |
2015 |
| Bonnie Shucha |
"WHATEVER TRIBAL PRECEDENT THERE MAY BE": THE (UN)AVAILABILITY OF TRIBAL LAW |
106 Law Library Journal 199 (Spring, 2014) |
This article explores the costs and benefits of publishing tribal law. It begins by discussing the importance of tribal law and analyzing why tribal law is not widely disseminated. Next it discusses the benefits of making tribal law more accessible, and then it describes publication options for tribes. An appendix lists tribal law collections. ¶1... |
2014 |
| SANFORD LEVINSON |
"WHO COUNTS?" "SEZ WHO?" |
58 Saint Louis University Law Journal 937 (Summer 2014) |
When Professor Joel Goldstein called to offer me the opportunity to deliver the 2013 Childress Lecture, I was, of course, immensely flattered, albeit immediately intimidated when he added that it would include the participation as well of a daunting group of commentators. That did not, of course, prevent me from accepting, though it did lead to... |
2014 |
| Dean B. Suagee |
A Better Buildings Challenge for Indian Country |
29-FALL Natural Resources & Environment 58 (Fall, 2014) |
What are Indian tribal governments doing to help reduce greenhouse gas (GHG) emissions? I thought there might be some information to answer this question in the recently released National Climate Assessment. Climate Change Impacts in the United States: The Third National Climate Assessment (2014) (Assessment). The Assessment, available at... |
2014 |
| Joseph R. Membrino |
A Brief History of Indian Trust Administration Reform: Will the past Be Prologue? |
50 Tulsa Law Review 227 (Summer 2014) |
If we trace the management of Indian affairs in the Interior Department since 1849, we find much to call for prompt action to remedy existing evils. The Commission on Indian Trust Administration and Reform (Commission) approved its final report on December 10, 2013. Secretary of the Interior Salazar established the Commission by secretarial order... |
2014 |
| Charles Pensabene |
A CANYON FULL OF WOES: THE HAVASUPAI TRIBE ILLUSTRATES THE NEED FOR CULTURAL COMPETENCY IN GENETIC RESEARCH |
7 Albany Government Law Review 637 (2014) |
Introduction: The Latest Rapid in a River of Sorrow. 638 I. From the Canyon to the Courtroom--The Impetus for the Controversy. 639 II. Legal Recourse for Native American Genetic Research Subjects. 642 A. Limited Extent of a Property Right in Genetic Information. 642 B. Limited Extent of Privacy Interest for Native Americans' Genetic Material. 644... |
2014 |
| Daniel K. Lee |
A Century of Uncertainty and the New Politics of Indian Water Settlements: How Tribes and States Can Overcome the Chilling Effect of the Paygo Act |
92 Oregon Law Review 625 (2014) |
Introduction. 626 I. The Legal Background of Indian Water Rights Settlements. 627 A. The Law of Indian Reserved Water Rights. 628 B. The Trust Duty in Relation to Water Rights. 635 II. The Multilateral Benefits of Indian Water Rights Settlements. 637 III. Indian Water Settlements in the Era of PAYGO. 640 A. Requirements of the PAYGO Act. 640 B.... |
2014 |
| Thomas M. Antkowiak |
A Dark Side of Virtue: the Inter-american Court and Reparations for Indigenous Peoples |
25 Duke Journal of Comparative & International Law L. 1 (Fall 2014) |
INTRODUCTION. 2 I. REMEDIES IN INTERNATIONAL LAW FOR HUMAN RIGHTS VIOLATIONS. 5 A. Overview. 5 B. Remedies for Indigenous Peoples in International Law. 10 II. THE INTER-AMERICAN COURT'S CASE LAW: REPARATIONS FOR INDIGENOUS PEOPLES. 17 A. Introduction. 17 1. Definition and Case Selection. 17 2. The Court's General Criteria for Monetary and... |
2014 |
| Dean B. Suagee |
A Human Rights-based Environmental Remedy for the Legacy of the Allotment Era in Indian Country |
29-SUM Natural Resources & Environment Env't 3 (Summer, 2014) |
In the American constitutional democracy, Indian tribes have long been recognized as having governmental authority over their members and their territory as a matter of federal law. With respect to persons who are not tribal members, however, there is a body of case law holding that such persons are often not subject to tribal authority, especially... |
2014 |