| Author | Title | Citation | Summary | Year |
| Cheyañna L. Jaffke |
Judicial Indifference: Why Does the "Existing Indian Family" Exception to the Indian Child Welfare Act Continue to Endure? |
38 Western State University Law Review 127 (Spring 2011) |
I. Introduction II. The Remedy for Judicial Ignorance: The Indian Child Welfare Act and Its History. 129 A. The Need for the Indian Child Welfare Act. 129 B. The Indian Child Welfare Act. 131 C. The Application of the Indian Child Welfare Act. 134 D. The Indian Child Welfare Act Is Still Necessary. 135 E. The existing Indian family Exception. 136... |
2011 |
| Aaron Drue Johnson |
Just Say No (To American Capitalism): Why American Indians Should Reject the Model Tribal Secured Transactions Act and Other Attempts to Promote Economic Assimilation |
35 American Indian Law Review 107 (2010-2011) |
The economic plight of most American Indians is well documented and widely known. Efforts undertaken by private citizens and the United States government have done little to combat the cycle of poverty. Recently, the National Conference of Commissioners for Uniform Commercial Laws (NCCUSL) has proposed its own solution to the poverty conundrum: the... |
2011 |
| Michael C. Duma |
Kansas' Criminal Jurisdiction in Indian Country: Why the Kansas Act [18 U.s.c. § 3243] Is Unnecessary, Outdated, and Unfair |
50 Washburn Law Journal 685 (Spring 2011) |
State jurisdiction erodes tribal self-government and federal protection, both of which federal policy has long favored and which are important aspects of the trust relationship between the tribes and the United States. There are 564 federally recognized Indian tribes located within the United States. Congress is charged with the duty of defining... |
2011 |
| Melody Kapilialoha MacKenzie |
Ke Ala Pono - the Path of Justice: the Moon Court's Native Hawaiian Rights Decisions |
33 University of Hawaii Law Review 447 (Summer, 2011) |
In the fall of 2008, hundreds of Native Hawaiians and their supporters lined the streets near the Hawai'i State Capitol wearing red T-shirts with the words K I Ka Pono printed across the front and holding signs reading, Justice for Hawaiians and Ceded Lands Are Stolen Lands. The demonstrators were showing their support for a unanimous opinion... |
2011 |
| Larry Nesper |
Law and Ojibwe Indian "Traditional Cultural Property" in the Organized Resistance to the Crandon Mine in Wisconsin |
36 Law and Social Inquiry 151 (Winter, 2011) |
Section 106 of the 1966 National Historic Preservation Act (NHPA) requires that federal agencies must take into account the impact of their regulatory actions on historical properties, among them the traditional cultural properties of American Indian tribes. Conceiving of tribes' own social practices in terms of property creates the possibility... |
2011 |
| Gavin Clarkson , Jim Sebenius |
LEVERAGING TRIBAL SOVEREIGNTY FOR ECONOMIC OPPORTUNITY: A STRATEGIC NEGOTIATIONS PERSPECTIVE |
76 Missouri Law Review 1045 (Fall, 2011) |
I. Introduction. 1046 II. A Brief History of Indian Law and Policy. 1048 A. Early Pequot History. 1049 B. Tribes as Separate Sovereigns. 1051 C. Self Determination and Tribal-State Compacting. 1056 1. Education. 1060 2. Law Enforcement. 1063 3. Taxation. 1064 4. Hunting and Fishing. 1065 D. Rationale for Compacting. 1067 III. A Brief History of... |
2011 |
| José Manuel Pérez Fernández |
Linguistic Rights of Indigenous Peoples in the States of Latin America |
6 Intercultural Human Rights Law Review 379 (2011) |
The protection of language rights of speakers of indigenous languages has experienced important developments in the Latin American sphere, which has served as a framework for the whole process of recognition of cultural and ethnical identity of Indigenous Peoples. This reflects a rejection of assimilation, and an assertion of multicultural and... |
2011 |
| P.G. McHugh, Sidney Sussex College, University of Cambridge |
Lisa Ford, Settler Sovereignty: Jurisdiction and Indigenous People in America and Australia, 1788-1836. Cambridge, Mass.: Harvard University Press, 2010. Pp. 324. $49.95 (Isbn 878-0-674-03565-2) |
29 Law and History Review 313 (February, 2011) |
Lisa Ford has written an important and readable history of the role of law in the transition from an imperial setting to an early national one in which the authority of the Anglo settler polity is consolidating and intensifying its juridical command over its territory and inhabitants. The settings are the state of Georgia and the British colony of... |
2011 |
| Lillian Marquez |
Making "Bad Men" Pay: Recovering Pain and Suffering Damages for Torts on Indian Reservations under the Bad Men Clause |
20 Federal Circuit Bar Journal 609 (2011) |
Of the many peace treaties that the U.S. government created with existing bands of people in unacquired territories, nine explicitly provide for indemnification by the federal government for virtually any wrong committed against a member of a signatory tribe. Since the years in which the nine treaties were signed, this indemnification clause has... |
2011 |
| Gregory Ablavsky |
Making Indians "White": the Judicial Abolition of Native Slavery in Revolutionary Virginia and its Racial Legacy 3 |
159 University of Pennsylvania Law Review 1457 (April, 2011) |
Introduction. 1458 I. The Hidden History of Indian Slavery in Virginia. 1463 A. The Origins of Indian Slavery in Early America. 1463 B. The Legal History of Indian Slavery in Virginia. 1467 C. Indians, Africans, and Colonial Conceptions of Race. 1473 II. Robin v. Hardaway, Its Progeny, and the Legal Reconceptualization of Slavery. 1476 A. Indian... |
2011 |
| Brian P. McClatchey , Coeur d'Alene Casino Resort Hotel |
Message from the Indian Law Section |
54-AUG Advocate 17 (August, 2011) |
The Indian Law Section is grateful for the chance to present a few articles in an effort to help members of the Bar increase their knowledge of a field of practice which is often misunderstood. One of the most complex corners of the field is zoning and environmental regulation on reservations. This topic is difficult for even the most seasoned... |
2011 |
| |
Minor New Source Review Program Issued for Sources in Indian Country |
21 No.5 Air Pollution Consultant 4.1 (2011) |
In a July 1, 2011 final rule (76 FR 38748-38808), EPA established a new source review (NSR) program for emission sources located in Indian country. The NSR regulations for sources in Indian country include two distinct programs. The first program applies to minor stationary sources and minor modifications at major stationary sources. The second... |
2011 |
| Chris Vena |
More than Best Friends: Expansion of Global Law Firms into the Indian Legal Market |
31 Northwestern Journal of International Law and Business 195 (Winter 2011) |
Over the past half century, there has been an accelerating trend towards liberalization in the legal services industry. International free trade agreements have sought to promote open markets for legal services. The United States, United Kingdom, many European countries, Australia, Japan, Russia, China, and Singapore have all opened their legal... |
2011 |
| |
Native American Resources |
2011 ABA Environment, Energy, and Resources Law: The Year in Review 235 (2011) |
In United States v. Tohono O'odham Nation, the Supreme Court held that 28 U.S.C. §1500 barred the Tohono O'odham Nation (Nation) from suing the United States simultaneously for monetary relief in the U.S. Court of Federal Claims (CFC) and for equitable relief in district court based on the same underlying facts. The Nation had filed suit in... |
2011 |
| Ryan David Dreveskracht |
Native Nation Economic Development via the Implementation of Solar Projects: How to Make it Work |
68 Washington and Lee Law Review 27 (Winter, 2011) |
C1-3Table of Contents I. Introduction. 28 II. Economic Development. 32 A. Indian Gaming. 32 B. Practical Sovereignty. 37 C. Capable Institutions. 38 D. Cultural Match. 43 III. Solar Energy. 48 A. General Benefits. 48 1. Rural Areas Without Electricity. 48 2. Environmental Protection. 50 3. Security of Investment. 51 4. Economic Advantages. 57 5.... |
2011 |
| Yuqin Jin |
Necessity: Enacting Laws to Protect Indigenous Intellectual Property Rights in the United States |
19 Transnational Law & Contemporary Problems 950 (Winter 2011) |
I. Introduction. 951 II. Theoretical and Practical Cases for the Enactment of Laws to Protect Indigenous Intellectual Property. 953 A. The Theories Underlying Current Patent Law. 953 B. The Modern Patent Law Theories as a Basis for Indigenous IP Law. 954 III. The United States' Approaches to Protecting Indigenous Intellectual Property Rights of... |
2011 |
| Emir Aly Crowne , Andrew Black , S. Alex Constantin |
Not out of the (Fox)woods Yet: Indian Gaming and the Bankruptcy Code |
2 UNLV Gaming Law Journal 25 (Spring 2011) |
The recent economic downturn has caused Foxwoods Resort Casino, one of the largest casinos in the world, to seek a restructuring of nearly $1.5 billion in debt. Ordinarily, bankruptcy proceedings are triggered when a typical commercial enterprise defaults on its debt. Under these proceedings, creditors step in and collect monies owed to them before... |
2011 |
| Bryce P. Harp |
One Nation? Reexamining Tribal Sovereign Immunity in the Modern Era of Self-determination |
46 Tulsa Law Review 449 (Spring 2011) |
The concept of sovereign immunity is a remnant of early English common law. Under this doctrine, the King is immune from suit because the [K]ing can do no wrong. This concept still survives today, though abrogated to some degree by the federal government and most state and local governments, in the form of tribal sovereign immunity. Similar to... |
2011 |
| Bryce P. Harp |
ONE NATION? REEXAMINING TRIBAL SOVEREIGN IMMUNITY IN THE MODERN ERA OF SELF-DETERMINATION |
46 Tulsa Law Review 449 (Spring 2011) |
The concept of sovereign immunity is a remnant of early English common law. Under this doctrine, the King is immune from suit because the [K]ing can do no wrong. This concept still survives today, though abrogated to some degree by the federal government and most state and local governments, in the form of tribal sovereign immunity. Similar to... |
2011 |
| Judge Tim Connors |
Our Children Are Sacred |
50 No.2 Judges' Journal 33 (Spring, 2011) |
Seven generations ago someone was praying for us. We are the answer to their prayers. We take this responsibility seriously. When you are working with our children, it is sacred work. Our children are sacred. My mother Donna Lou was born in 1939. She and her family lived on Beaver Island in Michigan. After my grandmother died, my mother was... |
2011 |
| Katie Patterson |
Overcoming Barriers to Indigenous Peoples' Participation in Forest Carbon Markets |
22 Colorado Journal of International Environmental Law and Policy 417 (Summer 2011) |
This note seeks to identify principles and methods for encouraging the participation of indigenous peoples in emerging forest carbon markets. To date, the programs under the United Nations Framework Convention on Climate Change (UNFCCC) have failed to adequately account for emissions from tropical deforestation. Reduced Emissions from... |
2011 |
| Ashley E. Breakfield |
Political Cases or Political Questions: the Justiciability of Public Nuisance Climate Change Litigation and the Impact on Native Village of Kivalina V. Exxonmobil |
17 Hastings West-Northwest Journal of Environmental Law, Policy 39 (Winter 2011) |
I. Introduction. 39 II. The Political Question Doctrine. 41 A. Marbury v. Madison and the Classical/Prudential Divide. 42 B. The Scope of the Political Question Doctrine. 43 C. The Second and Third Baker Factors. 45 III. The Political Question Doctrine and Tort-Based Climate Change Litigation. 48 A. The Connecticut v. American Electric Power... |
2011 |
| Matthew J. Prieksat |
Preventing a Pipeline to Nowhere: the Alaska Native Claims Settlement Act as a Model for Resolving the Unsettled Land Claims of the First Nations of Canada |
19 Transnational Law & Contemporary Problems 977 (Winter 2011) |
I. Introduction. 978 II. Commercializing Alaskan Gas. 980 III. Facing Challenges. 983 IV. Land Claims and Canadian Law. 985 V. Protecting Rights: The Canadian Constitution. 987 VI. The Duty to Consult. 988 A. Honour of the Crown: The Duty to Consult Under Haida. 990 1. Facts. 990 2. The Court's Analysis: Injunctive Relief. 991 3. Source of the... |
2011 |
| Danielle M. Conway |
Promoting Indigenous Innovation, Enterprise, and Entrepreneurship Through the Licensing of Article 31 Indigenous Assets and Resources |
64 SMU Law Review 1095 (Summer 2011) |
I. INTRODUCTION. 1096 II. INDIGENOUS INNOVATION AND ENTERPRISE PRE- AND POST-COLONIZATION. 1098 A. Pre-Colonization Indigenous Innovation and Enterprise. 1098 B. Colonization and the Interruption of Indigenous Innovation and Enterprise. 1100 C. Reviving Indigenous Innovation and Enterprise. 1101 III. THE UNITED NATIONS DECLARATION ON THE RIGHTS... |
2011 |
| Matthew L.M. Fletcher |
Race and American Indian Tribal Nationhood |
11 Wyoming Law Review 295 (2011) |
As American Indian tribal nations develop the capacity to govern their own members and engage in substantial economic and political activities with non-members, they may encounter major roadblocks. Tribal nations, like other nations, seek to regulate the activities of all persons within their territorial jurisdictions by exercising the power to tax... |
2011 |
| Matthew L.M. Fletcher |
RACE AND AMERICAN INDIAN TRIBAL NATIONHOOD |
11 Wyoming Law Review 295 (2011) |
As American Indian tribal nations develop the capacity to govern their own members and engage in substantial economic and political activities with non-members, they may encounter major roadblocks. Tribal nations, like other nations, seek to regulate the activities of all persons within their territorial jurisdictions by exercising the power to tax... |
2011 |
| John J. Francis , Stacy L. Leeds , Aliza Organick , Jelani Jefferson Exum |
REASSESSING CONCURRENT TRIBAL-STATE-FEDERAL CRIMINAL JURISDICTION IN KANSAS |
59 University of Kansas Law Review 949 (June, 2011) |
Federal Indian Law is frequently described as a jurisdictional quagmire. Depending on the unique history of a given tribe, the extent to which the tribe has retained a territorial boundary or contiguous land-base, and depending on a tribe's geographic location, a different mix of exclusive or concurrent tribal, state, federal jurisdiction will... |
2011 |
| John Palfrey , Urs Gasser |
Reclaiming an Awkward Term: What We Might Learn from "Digital Natives" |
7 I/S: A Journal of Law and Policy for the Information Society 33 (Winter, 2011) |
The use of the term digital natives has led to a great deal of controversy. Most academics dislike it, for good and sufficient reasons. Among other problems, the term implies that digital skills are innate rather than taught and learned. But the term resonates for many parents, teachers, and policy-makers. In this Article, we describe... |
2011 |
| Dr. Yousef T. Jabareen |
Redefining Minority Rights: Successes and Shortcomings of the U.n. Declaration on the Rights of Indigenous Peoples |
18 U.C. Davis Journal of International Law and Policy 119 (Fall 2011) |
I. Introduction. 119 II. Defining Minorities and Indigenous Peoples. 121 A. Defining Minorities. 122 B. Defining Indigenous Peoples. 125 C. Why Indigenous Peoples Should Be Distinguished From Minorities. 130 III. Earlier Expressions of Minority and Indigenous Rights in International Law. 131 A. Contributions of the 2007 Declaration on the Rights of... |
2011 |
| Cortelyou C. Kenney |
Reframing Indigenous Cultural Artifacts Disputes: an Intellectual Property-based Approach |
28 Cardozo Arts and Entertainment Law Journal 501 (2011) |
Please note that by the time this issue went to print, Yale University agreed to return the collections known as the lost treasure of Machu Picchu to Peru. This article does not reflect this change of events. Introduction. 503 I. The Battleground of Representation. 508 A. The Rise of The Museum in an Age of Empire Building. 508 B. Museums as... |
2011 |
| Jimmy Pak |
Re-imagining the Wheel: Seeking a Feasible International Regime to Protect Indigenous Cultural Expressions Through Trademark Law |
24 Pacific McGeorge Global Business & Development Law Journal 381 (2011) |
I. Introduction. 382 II. Background. 384 A. Indigenous Culture Conflicts. 385 III. Current Efforts to Protect Indigenous Trademarks. 386 A. Maori Peoples of New Zealand. 386 B. The Panama Approach. 389 C. The Western Approach. 391 IV. International Intellectual Property Approaches. 394 A. Paris, Madrid, and the Trademark Law Treaty. 394 B. Other... |
2011 |
| Kimberly Self |
Self-interested: Protecting the Cultural and Religious Privacy of Native Americans Through the Promotion of Property Rights in Biological Materials |
35 American Indian Law Review 729 (2010-2011) |
According to its history, the Havasupai tribe has lived in the Grand Canyon since the beginning of human existence. The Havasupai believe that the Grand Canyon is the birthplace of the human race, and that the tribe is charged with the sacred duty of protecting the canyon. Recently, members of the Havasupai tribe donated blood samples for diabetes... |
2011 |
| Prabha Kotiswaran, University of London |
Stages of Capital: Law, Culture and Market Governance in Late Colonial India. By Ritu Birla. Durham and London: Duke University Press, 2009. 360 Pp. $89.95 Cloth; $24.95 Paper. Global Business, Local Law: the Indian Legal System as a Communal Resource in |
45 Law and Society Review 507 (June, 2011) |
Ritu Birla's path-breaking book Stages of Capital is a much-awaited legal history of Indian capitalism and the role of indigenous capitalists therein. It focuses in particular on the North Indian business community of the Marwaris in the period spanning 1870 through 1930. An ambitious undertaking in reach and scope, the book draws on rich archival... |
2011 |
| Heather Kendall-Miller |
State of Alaska V. Native Village of Tanana: Enhancing Tribal Power by Affirming Concurrent Tribal Jurisdiction to Initiate Icwa-defined Child Custody Proceedings, Both Inside and Outside of Indian Country |
28 Alaska Law Review 217 (December, 2011) |
This Article provides an overview of the significant cases that have defined state-tribal relations in Alaska as related to Indian child proceedings and further discusses various policies that have been implemented over time. After outlining these cases and shifting policies, the Article examines the current state of the law in Alaska with a focus... |
2011 |
| Douglas D. Birk |
Stuck Inside of Minnesota Without Judicial Election Reform Again: a Contemporary Survey of the Political Movement to Preserve Judicial Impartiality from the Minnesota Judiciary's Point of View |
32 Hamline Journal of Public Law and Policy 507 (Spring 2011) |
Essential to public confidence in the judiciary is the assurance that justice is not for sale and that legal disputes will be resolved by fair and impartial judicial officers. Maintaining public confidence in the judiciary is becoming increasingly problematic across the United States as money and special interests continue to play a greater role... |
2011 |
| Suzianne D. Painter-Thorne |
Tangled up in Knots: How Continued Federal Jurisdiction over Sexual Predators on Indian Reservations Hobbles Effective Law Enforcement to the Detriment of Indian Women |
41 New Mexico Law Review 239 (Spring 2011) |
In February 2003, twenty-year-old Leslie Ironroad lapsed into a coma and died after being held captive in a bathroom, then beaten and repeatedly raped by a group of men on the Standing Rock Sioux Reservation in South Dakota. Desperate to stop the assault, Ironroad had taken diabetes pills she found in the bathroom's medicine cabinet, hoping that... |
2011 |
| Sarah W. Conkright |
The "Better Reading" of Section 17 of the Indian Reorganization Act: a Rejection of Automatic Waiver of Tribal Sovereign Immunity in Memphis Biofuels |
60 Catholic University Law Review 1175 (Fall, 2011) |
Business more than any other occupation is a continual dealing with the future; it is a continual calculation, an instinctive exercise in foresight. Few contexts require as much foresight as dealings between tribal and nontribal businesses. Generally, tribal corporations resemble nontribal corporations with respect to their business... |
2011 |
| Stephanie Baez |
The "Right" Redd Framework: National Laws That Best Protect Indigenous Rights in a Global Redd Regime |
80 Fordham Law Review 821 (November, 2011) |
This Note focuses on Reducing Emissions from Deforestation and Forest Degradation (REDD), an international framework that aims to curb carbon emissions by reducing deforestation. While international negotiators discuss the environmental benefits of REDD, which will likely be implemented in the Kyoto Protocol's post-2012 commitment period,... |
2011 |
| Emily Droll |
The Akaka Bill and Native Hawaiian Usufructuary Rights |
3 Georgetown Journal of Law & Modern Critical Race Perspectives 39 (Spring, 2011) |
American Indians have historically been accorded a special status in American jurisprudence. Included in this special status is the right to continue subsistence land uses such as hunting, fishing, and gathering even after transferring sovereignty of Indian land to the United States Government. When the United States was originally expanding... |
2011 |
| Diane K. Lautt |
The American Indian Probate Reform Act: a Five-year Review |
51 Washburn Law Journal 105 (Fall 2011) |
On October 27, 2004, President George W. Bush signed into law the American Indian Probate Reform Act (AIPRA), instituting a sweeping reform of the Indian federal probate process. Key among AIPRA's purposes was the goal of reducing fractionation of Indian trust landownership. The problem of trust land fractionation is best understood by an... |
2011 |
| Aaron F.W. Meek |
The Conflict Between State Tests of Tribal Entity Immunity and the Congressional Policy of Indian Self-determination |
35 American Indian Law Review 141 (2010-2011) |
Supreme Court and congressional silence have presented state courts with the opportunity to fashion tests to determine the sovereign immunity status of tribal entities. State courts have crafted numerous and varied tests, ranging from Washington's bright-line rule to an eleven-factor test recently adopted by the Colorado judiciary. What these... |
2011 |
| Samantha Lawson |
The Conundrum of Climate Change Causation: Using Market Share Liability to Satisfy the Identification Requirement in Native Village of Kivalina V. Exxonmobil Co. |
22 Fordham Environmental Law Review 433 (Spring 2011) |
Change is in the air. Over the past several decades numerous studies have indicated a general increase in global temperature. The U.S. National Aeronautics and Space Administration (NASA) reported that 2005 was the warmest year on record in more than a century. While researchers are unsure if 2010 will surpass 2005 as the warmest year in the past... |
2011 |
| Blake A. Watson |
The Doctrine of Discovery and the Elusive Definition of Indian Title |
15 Lewis & Clark Law Review 995 (Winter, 2011) |
On April 15, 2011, the Lewis & Clark Law Review hosted its Spring Symposium, entitled The Future of International Law in Indigenous Affairs: The Doctrine of Discovery, the United Nations, and the Organization of American States. While the Symposium participants agree that the doctrine of discovery should be rejected, they disagree on the impact... |
2011 |
| Michael Lawrence |
The Effects of Human Rights Norms on Sovereignty: the Native American Context |
20 Michigan State International Law Review 57 (2011) |
Introduction. 57 I. Radicals in Their Own Time. 57 II. Vine Deloria Jr. and Indian Sovereignty. 59 III. Indian Sovereignty and Human Rights. 62 IV. Community. 64 |
2011 |
| Jeremy Sarkin and Amelia Cook |
The Human Rights of the San (Bushmen) of Botswana--the Clash of the Rights of Indigenous Communities and Their Access to Water with the Rights of the State to Environmental Conservation and Mineral Resource Exploitation |
20 Journal of Transnational Law & Policy Pol'y 1 (2010-2011) |
Introduction. 1 I. Historical Relations and Land Use Patterns between the San and the Tswana. 6 II. The Central Kalahari Game Reserve Issue. 12 III. The Legal System in Botswana. 20 IV. The High Court Case: Sesana v. Attorney General. 23 V. Government Compliance with the Court's decision. 27 VI. The San's Options Moving Forward. 29 Conclusion. 31... |
2011 |
| Scott Brainard |
The Impact of Indonesian Agricultural Policies on Indigenous Populations, Natural Resources and the Economy: the Limits of Democratic Self-determination under Capitalist Regimes |
43 University of Miami Inter-American Law Review 165 (Fall 2011) |
The title of this paper highlights a number of interconnected themes: how Indonesian agricultural policy has affected its indigenous populations, its natural environment, and the structure of its economy; the relationship between these effects; and, more generally, the structure of capitalist markets and democratic institutions. This set of topics... |
2011 |
| Blake A. Watson |
The Impact of the American Doctrine of Discovery on Native Land Rights in Australia, Canada, and New Zealand |
34 Seattle University Law Review 507 (Winter, 2011) |
The landmark decision in the United States regarding Indian land rights is Johnson v. McIntosh, an 1823 decision authored by Chief Justice John Marshall. The Supreme Court in Johnson unequivocally rejected the most favorable view of indigenous land rights--that the native inhabitants own the land they occupy and are free to retain or sell their... |
2011 |
| Lamar Dowling |
The Indian Microfinance Institutions (Development and Regulation) Bill of 2011: Microfinance Beginnings and Crisis and How the Indian Government Is Trying to Protect its People |
45 International Lawyer 1083 (Winter, 2011) |
The recent microfinance crisis in the southern Indian state of Andhra Pradesh caught the world's attention and caused many to wonder who was to blame. Sensationalized newspaper accounts of suicides among over-indebted clients of microfinance institutions (MFIs) brought to light the increasing debt stress across tens of thousands of clients,... |
2011 |
| Ryan Kananiokahome Poiekeala Kanaka'ole |
The Indivisible 'Ohana: Extending Native Hawaiian Gathering Rights to Non-hawaiian Family Members |
12 Asian-Pacific Law and Policy Journal 145 (2011) |
Introduction. 146 I. The Hawaiian 'ohana System. 148 A. The General Concept of 'Ohana. 148 B. The Relevance of the Hawaiian 'Ohana from Pre-Western Contact Hawai'i to Present Day. 149 C. The Inclusive Nature of the Hawaiian 'Ohana as Illustrated through the Practice of Hnai. 154 D. The Role of the Non-Hawaiian in the Hawaiian 'Ohana. 156 II. The... |
2011 |
| Robert J. Miller , Lisa LeSage , Sebastián López Escarcena |
The International Law of Discovery, Indigenous Peoples, and Chile |
89 Nebraska Law Review 819 (2011) |
I. Introduction. 820 II. The Doctrine of Discovery. 822 A. European and Church Formulation of the Doctrine. 826 B. Spanish and Portuguese Development of the Doctrine. 830 1. Spain takes Discovery to the New World. 835 2. The Philosophical Debates in the Spanish Empire. 838 C. Other European Countries and Discovery. 846 III. The Doctrine of... |
2011 |