| Author | Title | Citation | Summary | Year |
| Justin Hunter |
Native Title in Australia and South Africa: a Search for Something That Lasts |
22 University of Miami International and Comparative Law Review 233 (Spring, 2015) |
I. Introduction. 233 A. Australia. 234 B. South Africa. 235 II. Part I: The History and Status of Indigenous Land Rights in Australia and South Africa. 236 A. Australia. 236 B. South Africa. 244 i. Colonial and Apartheid Periods. 244 ii. Post-Apartheid Period. 247 III. Part II: The Next Steps for Australia and South Africa to Provide Better... |
2015 |
| Starla Kay Roels, Esq. , Liz Malerba , Hobbs, Straus, Dean & Walker, LLP, Portland, OR, United South and Eastern Tribes, Inc., Washington, DC |
New Opportunities for Innovative Healthcare Partnerships with Indian Tribes and Tribal Organizations |
28 No.1 Health Lawyer 25 (October, 2015) |
There has long been a crisis in inadequate funding and availability of healthcare services affecting Native Americans within the federal Indian Healthcare system. The Indian Health Service and the Indian tribes and tribal organizations (T/TOs) who are providing services under the Indian Self-Determination and Education Assistance Act continue to... |
2015 |
| Jessica A. Shoemaker |
No Sticks in My Bundle: Rethinking the Indian Land Tenure Problem |
63 University of Kansas Law Review 383 (January, 2015) |
[T]hey were convinced that private property by itself would transform the Indians. American Indian land tenure has long been the target of federal policies seeking to change, through property law reforms, indigenous peoples' relationships to each other, to the land and natural environment, and to surrounding non-Indian influences. Many of these... |
2015 |
| M. Alexander Pearl |
Paint Chip Indians |
9 Unbound: Harvard Journal of the Legal Left 62 (2015) |
Greetings, non-Indian people! Once again, us tribal people (or Native Americans as our politically progressive white defenders demand we be called) must clear the air about the representations of Indians in popular media and mainstream culture. We must confront an age-old nemesis for the umpteenth time. Colonialism? Broken treaty promises?... |
2015 |
| James Ptacek (moderator) , Margaret Johnson, Nicole Matthews, Hillary Potter |
Panel on Intersections of Gender, Economic, Racial, and Indigenous (In) Justice |
5 University of Miami Race & Social Justice Law Review 357 (Summer, 2015) |
MATTHEWS: Hello everyone, my name is Nicole Matthews. I am Ojibwe from the White Earth Reservation in Northern Minnesota. I come to this work not as an academic but as an activist, as a woman who has both experienced violence and seen violence in my home, who has many female relatives who have experienced violence. I also come from a grandfather... |
2015 |
| |
Part Vi Contemporary Law, Policy and Practice in an Indigenous Peoples Context |
41 IUS Gentium 722 (2015) |
This brief Part, of one chapter, explores customary adoption as practised for centuries by indigenous people on many different continents and offers a very different perspective from which to view contemporary law, policy and practice. The singular characteristics of their experience--including transparency, maintenance of ties between adoptee and... |
2015 |
| Rebecca M. Mitchell |
People of the Outside: the Environmental Impact of Federal Recognition of American Indian Nations |
42 Boston College Environmental Affairs Law Review 507 (2015) |
American Indians interact with land and the environment in a manner that is distinct from non-native peoples. They view natural resources as an integral part of their way of life. As a result, Indian tribes desire to implement policies and programs that will protect their natural resources. In order to receive federal assistance for these... |
2015 |
| Wilson Melbostad, staff writer |
Philippines: Un Experts Call for Probe into Killings of Indigenous Rights Defenders |
22 No.2 Human Rights Brief 17 (Fall, 2015) |
The United Nations Special Rapporteur on the Rights of Indigenous Peoples, Victoria Tauli-Corpuz, and the United Nations Special Rapporteur on the Situation of Human Rights Defenders, Michael Forst, urged the Philippine Government to launch a full and independent inquiry into the killings of three human rights defenders in Surigao del Sur on the... |
2015 |
| Cody McBride |
PLACING A LIMITING PRINCIPLE ON FEDERAL MONETARY INFLUENCE OF TRIBES |
103 California Law Review 387 (April, 2015) |
American Indian tribes are strange sovereigns. Though subject to the ultimate sovereignty of the United States in many ways, tribes retain powers that have not been explicitly divested by federal statute or treaty, or implicitly divested by restraints of tribes' protectorate relationship with the United States. Defining tribal membership is one... |
2015 |
| Joseph P. Brewer II , Elizabeth Ann Kronk Warner |
Protecting Indigenous Knowledge in the Age of Climate Change |
27 Georgetown International Environmental Law Review 585 (Summer, 2015) |
Indigenous knowledge has the potential to ameliorate the destructive impacts of climate change. Given their enduring connection to place, indigenous communities are the subjects of research efforts to study and acquire their traditional knowledge for its value to addressing climate change. Yet, because outsiders have exploited this traditional... |
2015 |
| Gray O'Dwyer |
Protecting Sacred Ground: the San Manuel Ruling and Implications for Indian Cultural Resource Preservation |
18 University of the District of Columbia Law Review 302 (Spring, 2015) |
Six hundred years ago, all land in America was Indian land. Then, [Europe] conducted some of her adventurous sons into this western world . and discovery gave title . [which] could be consummated by possession. This doctrine of discovery, agreed upon between colonial powers, essentially granted title to anyone who could occupy American soil.... |
2015 |
| Tina Kawatu |
Reaction to "Born Native, Raised White: the Divide Between Federal and Tribal Jurisdiction with Extra-tribal Native American Adoption" |
7 Georgetown Journal of Law & Modern Critical Race Perspectives 267 (Fall, 2015) |
Christina Lewis explores the implications of the Indian Child Welfare Act, passed by Congress in 1976. Congress passed the act as a result of a rise in the number of Indian children being removed from their homes and into foster care with white families. The general purpose of the Indian Child Welfare Act is to preserve Indian family bloodlines and... |
2015 |
| Ali Raymond |
Reaction to "Conceptualizing Corporations as Native Administrative Units" |
7 Georgetown Journal of Law & Modern Critical Race Perspectives 315 (Fall, 2015) |
In her note, Conceptualizing Corporations as Native Administrative Units, Catherine Polta focuses on the concept of tribal immunity. Specifically, she explores this issue in relation to a recent decision by the Supreme Court of Alaska, Runyon v. Ass'n of Village Council Presidents. In this decision, the court espoused narrow legal criteria to... |
2015 |
| Jonathan Goldsmith |
Reaction to "Conceptualizing Corporations as Native Administrative Units" |
7 Georgetown Journal of Law & Modern Critical Race Perspectives 317 (Fall, 2015) |
In Conceptualizing Corporations as Native Administrative Units, Catherine Polta sheds light on the continued marginalization of Native American tribes by examining the effect of the Alaska Supreme Court's ruling in Runyon v. Association of Village Council Presidents. This note provides excellent context for the decision, showing how the court... |
2015 |
| Rita Hazlett |
Reaction To: British Imperialism, the Indian Independence Movement, and the Racial Eligibility Requirements in the Naturalization Act: United States V. Thind Revisited |
7 Georgetown Journal of Law & Modern Critical Race Perspectives 43 (Spring, 2015) |
Coulson's article focuses on an important subject. As he states in the article, Thind is a case that helped define race relations in the United States even as the outcome was partially dictated by the existing policy of segregation. Thind reflects the idea that rather than living in a world of black and white, in the United States, Americans live... |
2015 |
| Julie H. Hwang |
Reaction To: 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 69 (Spring, 2015) |
Morad Elsana addresses the possibility of Bedouin land rights recognition in the Israeli judicial system by adopting the native title doctrine from the Mabo (No. 2) decision. Although this is a novel approach, I think the author fails to address two issues: (1) the strength of the native title doctrine as a source of customary international law... |
2015 |
| Brandon R. Einstein |
Reading Between the Lines: the Rise of Native Advertising and the Ftc's Inability to Regulate it |
10 Brooklyn Journal of Corporate, Financial & Commercial Law 225 (Fall, 2015) |
A new marketing phenomenon--known as native advertising--has recently taken the media industry by storm. This new form of advertisement provides a lucrative and highly effective marketing platform by way of consumer deception. Native advertisement achieves this deception by seamlessly integrating advertisements (ads) into a website that mimic the ... |
2015 |
| Raymond Cross |
Reconsidering the Original Founding of Indian and Non-indian America: Why a Second American Founding Based on Principles of Deep Diversity Is Needed |
36 Public Land & Resources Law Review 173 (2015) |
Introduction. 176 A. The Twin Founding of Indian and Non-Indian America. 176 B. Why Chief Justice John Marshall Excluded Indian Peoples from the Future Civic Life of the American Republic. 178 C. Can Real and Artificial Political Communities Speak To One Another?. 179 D. How the Indian Peoples May Re-Negotiate Their Compact with the Non-Indian... |
2015 |
| Philomena Kebec |
Redd+: Climate Justice or a New Face of Manifest Destiny? Lessons Drawn from the Indigenous Struggle to Resist Colonization of Ojibwe Forests in the Nineteenth and Twentieth Centuries |
41 William Mitchell Law Review 552 (2015) |
I. Introduction. 552 II. Indigenous Peoples and REDD+ Policymakers Must Address How REDD+ Will Affect the Human Rights of Indigenous Peoples. 554 III. Ojibwe Resistance To Takeovers of Land, Territories, and Natural Resources. 560 A. The Ojibwe Treaties of 1837, 1842, and 1854 and the Reservation of Rights to Use Natural Resources. 561 B.... |
2015 |
| Tamara Céline Winegust , Noelle Engle-Hardy , Susan J. Keri |
Redskins, Eskimos, and Indians: the Canadian Approach to Disparaging Trademarks |
105 The Trademark Reporter 938 (July-August, 2015) |
In Pro-Football, Inc. v. Amanda Blackhorse (the REDSKINS decision), the U.S. District Court for the Eastern District of Virginia upheld an earlier decision of the Trademark Trial and Appeal Board of the United States Patent and Trademark Office (USPTO) canceling six trademark registrations containing the term REDSKINS on the basis that they may... |
2015 |
| S. James Anaya |
Report of the Special Rapporteur on the Rights of Indigenous Peoples on Extractive Industries and Indigenous Peoples |
32 Arizona Journal of International and Comparative Law 109 (Symposium, 2015) |
C1-2Table of Contents 110 I. Introduction. 110 II. A PREFERRED MODEL: RESOURCE EXTRACTION AND DEVELOPMENT THROUGH INDIGENOUS PEOPLES' OWN INITIATIVES AND ENTERPRISES. 113 A. Natural resource extraction and development by indigenous peoples as an exercise of their self-determination and related rights. 113 B. State support and preference... |
2015 |
| S. James Anaya |
Report of the Special Rapporteur on the Rights of Indigenous Peoples on the Situation of Indigenous Peoples in Canada |
32 Arizona Journal of International and Comparative Law 143 (Symposium, 2015) |
C1-2Table of Contents 143 I. Introduction. 144 II. Background and context. 144 III. Legal, institutional and policy framework. 146 IV. Principal human rights concerns. 147 A. Social and economic conditions. 148 1. Education. 149 2. Housing. 150 3. Health and well-being. 152 B. Administration of justice. 153 1. Overrepresentation in the... |
2015 |
| S. James Anaya |
Report of the Special Rapporteur on the Rights of Indigenous Peoples on the Situation of Indigenous Peoples in the Republic of the Congo |
32 Arizona Journal of International and Comparative Law 27 (Symposium, 2015) |
C1-3Table of Contents L1-2Summary L327 I. Introduction. 28 II. Indigenous peoples of Congo and their situation of extreme disadvantage. 29 A. Groups identified as indigenous (autochtone) in Congo. 29 B. Discrimination and marginalization. 30 C. Labour exploitation. 31 D. Poverty. 32 E. Education. 33 F. Health services. 34 G. Civil status. 35 H.... |
2015 |
| S. James Anaya |
Report of the Special Rapporteur on the Rights of Indigenous Peoples on the Situation of Indigenous Peoples in the United States of America |
32 Arizona Journal of International and Comparative Law 51 (Symposium, 2015) |
C1-2Table of Contents 52 I. The indigenous peoples of the United States. 53 A. The diverse indigenous nations, tribes and communities. 53 B. The contributions of indigenous peoples to the broader society, despite negative stereotypes. 54 II. United States law and policy regarding indigenous peoples. 55 A. The basic framework. 55 B. The... |
2015 |
| S. James Anaya |
Report of the Special Rapporteur on the Rights of Indigenous Peoples on the Situation of Maori People in New Zealand |
32 Arizona Journal of International and Comparative Law L. 1 (Symposium, 2015) |
C1-2Table of Contents 2 I. Introduction. 3 II. Maori people. 4 III. The Treaty of Waitangi. 4 A. Background. 4 B. Opportunity for real partnership. 5 1. Maori participation in political decision-making. 5 2. Consultation with Maori in decisions that affect them. 7 C. Remedies for breaches of the Treaty of Waitangi. 9 1. The Waitangi... |
2015 |
| Judith V. Royster |
Revisiting Montana: Indian Treaty Rights and Tribal Authority over Nonmembers on Trust Lands |
57 Arizona Law Review 889 (2015) |
In a series of cases beginning with its 1981 decision in Montana v. United States, the U.S. Supreme Court has diminished the civil authority of Indian tribal governments over nonmembers within the tribes' territories. Initially, the Court confined itself to hobbling tribes' inherent sovereign authority over non-tribal members only on non-Indian... |
2015 |
| Jeffrey J. Wechsler , Shareholder, Montgomery & Andrews |
Rights of Way on Tribal Lands, Tribal Water Rights Issues, and Environmental Regulation in Indian Country |
2015 Aspatore 9194950 (November, 2015) |
In my practice, I represent utilities, energy companies, and other business in Indian country. A tribal government has significant authority over natural resources and environmental protection within its boundaries, and the overlap with federal and state agencies presents a unique legal and regulatory environment. This chapter discusses three areas... |
2015 |
| Ji Hun Kim , Christopher S. Koenig , Willkie Farr & Gallagher LLP; New York, Willkie Farr & Gallagher LLP; New York |
Rolling the Dice on Debtor Eligibility |
34-JUN American Bankruptcy Institute Journal 18 (June, 2015) |
Native American law is a complex blend of American history, federal law, treaties with Native American tribes and certain principles of international law. In turn, Native American tribes are a unique form of government in the U.S.: They enjoy local self-governance by applying tribal law on many issues, but are subject to federal law on certain... |
2015 |
| 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 |