| Author | Title | Citation | Summary | Year |
| Katosha Belvin Nakai |
RED ROVER, RED ROVER: A CALL FOR COMITY IN LINKING TRIBAL AND STATE LONG-ARM PROVISIONS FOR SERVICE OF PROCESS IN INDIAN COUNTRY |
35 Arizona State Law Journal 633 (Summer, 2003) |
Comitymutual interest and convenience, from a sense of the inconvenience which would otherwise result, and from moral necessity to do justice in order that justice may be done in return. First year civil procedure courses and bar exam preparatory courses spend inordinate amounts of time teaching the critical elements of personal jurisdiction and... |
2003 |
| Eric Beckenhauer |
Redefining Race: Can Genetic Testing Provide Biological Proof of Indian Ethnicity? |
56 Stanford Law Review 161 (October, 2003) |
Introduction. 162 I. Defining Indian in the United States: Ancestry and Blood. 164 A. Federal Definitions. 164 B. Tribal Definitions. 166 1. Blood quantum requirements.. 167 2. Descendancy requirements.. 172 C. Toward a Functional Definition of Indian Ethnicity. 174 II. Can Genetic Testing Improve Ethnic Identification?. 175 A. Prevalence of... |
2003 |
| Carlos Scott López |
Reformulating Native Title in Mabo's Wake: Aboriginal Sovereignty and Reconciliation in Post-centenary Australia |
11 Tulsa Journal of Comparative & International Law 21 (Fall 2003) |
Few issues have spurred more vigorous debate among Australia's citizenry than Native Title and, more broadly, the roles of Native Australians. Like most former colonial outposts, the settlement of the Australian continent was marked by nothing less than an invasion by a European power (Great Britain), which subsequently imposed its will on the... |
2003 |
| Lorraine C. Buck |
Reno-sparks Indian Colony V. U.s. E.p.a., 336 F.3d 899 (9th Cir. 2003) |
11 Missouri Environmental Law & Policy Review 104 (2003) |
The Clean Air Act established national standards of air quality for various airborne pollutants. The Act was amended in 1977 to ensure the standards were maintained and enforced. The Amendments created three classification levels under which areas would qualify depending on their relation to the national standard: (1) nonattainment if the area... |
2003 |
| Gabriel S. Galanda |
Reservations of Right |
28-JAN Montana Lawyer Law. 7 (January, 2003) |
Over the past decade, the 11 federally-recognized Indian tribes in Montana have become major players in the local, state and national economies. Montana tribes are aggressively creating and operating new businesses in the areas of real estate development, banking and finance, media, telecommunications, wholesale and retail trade, tourism, and... |
2003 |
| Robert J. Nordhaus , G. Emlen Hall, , Anne Alise Rudio |
Revisiting Merrion V. Jicarilla Apache Tribe: Robert Nordhaus and Sovereign Indian Control over Natural Resources on Reservations |
43 Natural Resources Journal 223 (Winter 2003) |
In 1982, the Supreme Court held in Merrion v. Jicarilla Apache Tribe that tribes have the sovereign power to tax non-member oil and gas lessees on reservations. Merrion sanctioned an expansive view of tribal sovereignty at a time when many western tribes were adapting to a new federal policy of self determination by trying to take charge of natural... |
2003 |
| Catherine A. O'Neill |
Risk Avoidance, Cultural Discrimination, and Environmental Justice for Indigenous Peoples |
30 Ecology Law Quarterly L.Q. 1 (2003) |
Introduction. 2 I. Risk Avoidance. 4 A. Risk Avoidance Versus Risk Reduction. 5 B. Increasing Tolerance for Risk Avoidance Strategies. 6 1. Examples of Risk Avoidance as Environmental Regulation. 7 a. Fish and Wildlife Consumption Advisories. 7 b. Institutional Controls. 12 c. Plant Gathering Restrictions. 15 d. Other Examples of Risk Avoidance. 17... |
2003 |
| Martha Melaku |
Seeking Acceptance: Are the Black Seminoles Native Americans? Sylvia Davis V. the United States of America |
27 American Indian Law Review 539 (2002-2003) |
This note addresses some of the issues associated with the controversy between the Black Seminoles and the Seminole Nation (the Nation). The first part discusses who the Black Seminoles are, how they relate to the Nation, and supplies background information on Davis v. United States. The second part discusses the historical background of the... |
2003 |
| Jennifer Nutt Carleton |
State Income Taxation of Nonmember Indians in Indian Country |
27 American Indian Law Review 253 (2002-2003) |
A long-standing tension exists between Indian peoples who enjoy the protection of a Congress that retains plenary power over Indian affairs, and the individual states in which Indian reservations are located. One need only look to the disagreements between states and Indian nations located within their borders over the issues of gaming compacts,... |
2003 |
| Marisa Katz |
Staying Afloat: How Federal Recognition as a Native American Tribe Will Save the Residents of Isle De Jean Charles, Louisiana |
4 Loyola Journal of Public Interest Law L 1 (Spring 2003) |
Louisiana is sinking. The state possesses 40% of the nation's coastal wetlands. The coastal zone within Louisiana is one of the most fertile ecosystems in North America, providing its people not only a $1 billion a year commercial fish and shellfish industry, but also a life-saving buffer against hurricane and tropical storm intrusion.... |
2003 |
| Marisa Katz |
STAYING AFLOAT: HOW FEDERAL RECOGNITION AS A NATIVE AMERICAN TRIBE WILL SAVE THE RESIDENTS OF ISLE DE JEAN CHARLES, LOUISIANA |
4 Loyola Journal of Public Interest Law 1 (Spring 2003) |
Louisiana is sinking. The state possesses 40% of the nation's coastal wetlands. The coastal zone within Louisiana is one of the most fertile ecosystems in North America, providing its people not only a $1 billion a year commercial fish and shellfish industry, but also a life-saving buffer against hurricane and tropical storm intrusion.... |
2003 |
| John P. LaVelle , University of New Mexico School of Law 1117 Stanford Drive, N.E. Albuquerque, NM 87131 (505) 277-0951 Attorney for Petitioner |
Suquamish Indian Tribe, Petitioner V. Oliphant et Al., Respondents |
13-FALL Kansas Journal of Law & Public Policy 69 (Fall, 2003) |
First Decided by the Supreme Court of the United States of America on March 6, 1978 435 U.S. 191 (1978) To be reargued and re-decided by the Supreme Court of the American Indian Nations October 5, 2002 Does the Suquamish Indian Tribe possess inherent sovereign power to exercise criminal jurisdiction over non-Indians alleged to have committed... |
2003 |
| Steven J. Gunn , Associate Professor of Law Washington University School of Law One Brookings Drive, Campus Box 1120 St. Louis, MO 63130 Attorney for Respondents |
Suquamish Indian Tribe, Petitioner V. Oliphant et Al., Respondents |
13-FALL Kansas Journal of Law & Public Policy 97 (Fall, 2003) |
First Decided by the Supreme Court of the United States of America on March 6, 1978 435 U.S. 191 (1978) To be reargued and re-decided by the Supreme Court of the American Indian Nations October 5, 2002 Noted Indian legal scholar Vine Deloria, Jr., has observed that the Indian argument [in this case] is based on an idea of sovereignty having... |
2003 |
| Steven Paul McSloy |
The "Miner's Canary:" a Bird's Eye View of American Indian Law and its Future |
37 New England Law Review 733 (Spring 2003) |
American Indian law is often metaphorical. As Chief Justice Marshall stated in one of the foundational Indian law cases, the relationship between American Indian nations and the United States is like that of a ward to his guardian. The classic Indian law metaphor, however, is the miner's canary. As Felix Cohen, the Blackstone of American Indian... |
2003 |
| John Briscoe |
The Aboriginal Land Title of the Native People of Guam |
26 University of Hawaii Law Review Rev. 1 (Winter 2003) |
The Ninth Circuit Court of Appeals assumed without deciding in a recent case that the native peoples of Guam (the Chamorro) hold a property right, aboriginal title, in lands they historically used or occupied. The case was Government of Guam ex rel. Guam Economic Development Authority v. United States. But the court refused to decree that the... |
2003 |
| Rebecca Tsosie |
THE CHALLENGE OF "DIFFERENTIATED CITIZENSHIP": CAN STATE CONSTITUTIONS PROTECT TRIBAL RIGHTS? |
64 Montana Law Review 199 (Winter 2003) |
One of the most vexing problems in contemporary states with large Native populations is whether the continuing inequities between Native and non-Native peoples are best addressed through the standard framework of Federal Indian Law, in which the federal government mediates tribal-state relations, or through newly articulated legal relationships... |
2003 |
| Eric Cheyfitz |
The Colonial Double Bind: Sovereignty and Civil Rights in Indian Country |
5 University of Pennsylvania Journal of Constitutional Law 223 (January, 2003) |
Federal Indian law emerges from the late eighteenth century onward as a corpus that departs distinctively from the central core of U.S. law. While the latter is grounded, in the first instance, in the civil rights of the individual, understood in the Lockean sense as having a fundamental property in him or herself and thus as always an actual or... |
2003 |
| Rebecca Tsosie |
The Conflict Between the "Public Trust" and the "Indian Trust" Doctrines: Federal Public Land Policy and Native Nations |
39 Tulsa Law Review 271 (Winter 2003) |
National parks and national monuments harbor some of the most scenic areas in the United States. Each summer, motorists line up to see the majesty of places like Glacier National Park and Yellowstone, gawking at wildlife and snapping photos to share with relatives in places like Boston or Chicago. These public lands are also rich in natural... |
2003 |
| Amy Head |
The Death of the New Buffalo: the Fifth Circuit Slays Indian Gaming in Texas |
34 Texas Tech Law Review 377 (2003) |
Why is it we cannot seem to treat the first citizens of this country with decency and justice? It makes one ashamed. Indian gambling and casino operations have recently been referred to as the new buffalo for the new and previously unimaginable prosperity these ventures have brought to many tribes. The advent of Indian casinos has allowed the... |
2003 |
| Alex Tallchief Skibine |
The Dialogic of Federalism in Federal Indian Law and the Rehnquist Court: the Need for Coherence and Integration |
8 Texas Forum on Civil Liberties and Civil Rights C.R. 1 (Spring 2003) |
Although Congress is said to have plenary power in Indian Affairs, much of federal Indian law is still dictated from the judicial bench through federal common law. While Congress asserted its plenary power in a rather heavy handed manner between the early1880s and the late 1920s, the New Deal era of the 1930s announced a new federal policy... |
2003 |
| Sandra J. Schmieder |
The Failure of the Violence Against Women Act's Full Faith and Credit Provision in Indian Country: an Argument for Amendment |
74 University of Colorado Law Review 765 (Spring 2003) |
In August of 1994, Congress passed the Violence Against Women Act (VAWA), which includes a provision requiring states and Indian tribes to give full faith and credit to protection orders issued by the courts of other states and tribes. The provision, 18 U.S.C. § 2265 (Section 2265), purports to ensure that victims of domestic violence do not... |
2003 |
| Raymond Cross |
The Federal Trust Duty in an Age of Indian Self-determination: an Epitaph for a Dying Doctrine? |
39 Tulsa Law Review 369 (Winter 2003) |
As man advances in civilization, and small tribes are united into larger communities, the simplest reason would tell each individual that he ought to extend his social instincts and sympathies to all the members of the same nation, though personally unknown to him. This point being once reached, there is only an artificial barrier to prevent his... |
2003 |
| Jeff Dolley |
The Four R's: Use of Indian Mascots in Educational Facilities |
32 Journal of Law and Education 21 (January, 2003) |
The process of educating our youth for citizenship in public schools is not confined to books, the curriculum, and the civics class; schools must teach by example the shared values of a civilized social order .. The schools, as instruments of the state, may determine that the essential lessons of civil, mature conduct cannot be conveyed in a school... |
2003 |
| R. Spencer Clift, III |
The Historical Development of American Indian Tribes; Their Recent Dramatic Commercial Advancement; and a Discussion of the Eligibility of Indian Tribes under the Bankruptcy Code and Related Matters |
27 American Indian Law Review 177 (2002-2003) |
I. L2-5,T5Introduction 179 II. L2-5,T5The Semantics, Evolution, and Dismemberment of Native American Culture and Resulting Titles 182 A. L3-5,T5From Nations to Tribes 182 1. L4-5,T5Indian Nation Analysis 182. 2. L4-5,T5Indian Tribe Analysis 186. B. L3-5,T5Recognition by the Federal Legislative and Executive Branches 188 1. L4-5,T5Recognition of... |
2003 |
| R. Spencer Clift, III |
THE HISTORICAL DEVELOPMENT OF AMERICAN INDIAN TRIBES; THEIR RECENT DRAMATIC COMMERCIAL ADVANCEMENT; AND A DISCUSSION OF THE ELIGIBILITY OF INDIAN TRIBES UNDER THE BANKRUPTCY CODE AND RELATED MATTERS |
27 American Indian Law Review 177 (2002-2003) |
I. L2-5,T5Introduction 179 II. L2-5,T5The Semantics, Evolution, and Dismemberment of Native American Culture and Resulting Titles 182 A. L3-5,T5From Nations to Tribes 182 1. L4-5,T5Indian Nation Analysis 182. 2. L4-5,T5Indian Tribe Analysis 186. B. L3-5,T5Recognition by the Federal Legislative and Executive Branches 188 1. L4-5,T5Recognition of... |
2003 |
| Mary Christina Wood |
The Indian Trust Responsibility: Protecting Tribal Lands and Resources Through Claims of Injunctive Relief Against Federal Agencies |
39 Tulsa Law Review 355 (Winter 2003) |
Enforcement of the federal trust responsibility is necessary to protect Native America from environmental assault. Traditional lifeways that reach back literally thousands of years are poised in jeopardy along with the natural resources upon which they depend. Across Indian country, many tribes are at the brink of losing their fish and wildlife... |
2003 |
| Padraic I. McCoy |
The Land must Hold the People: Native Modes of Territoriality and Contemporary Tribal Justifications for Placing Land into Trust Through 25 C.f.r. Part 151 |
27 American Indian Law Review 421 (2002-2003) |
The land needs to be retained, restored, and redefined. Its economic role - long dormant - must be resuscitated. Its spiritual role - long atrophied - must be revived. Its healing role - long obscured - must be revitalized. The land must hold the people, and give direction to their aspirations and yearnings. Land is more important to contemporary... |
2003 |
| Padraic I. McCoy |
THE LAND MUST HOLD THE PEOPLE: NATIVE MODES OF TERRITORIALITY AND CONTEMPORARY TRIBAL JUSTIFICATIONS FOR PLACING LAND INTO TRUST THROUGH 25 C.F.R. PART 151 |
27 American Indian Law Review 421 (2002-2003) |
The land needs to be retained, restored, and redefined. Its economic role - long dormant - must be resuscitated. Its spiritual role - long atrophied - must be revived. Its healing role - long obscured - must be revitalized. The land must hold the people, and give direction to their aspirations and yearnings. Land is more important to contemporary... |
2003 |
| Gus P. Coldebella, Mark S. Puzella |
The Landowner Defendants in Indian Land Claims: Hostages to History |
37 New England Law Review 585 (Spring 2003) |
On June 21, 2002, the 17,000 or so residents of Grand Island, New York breathed a collective sigh of relief, because the Indian land claim that had clouded the title to their property for over a decade was finally dismissed. U.S. District Judge Richard Arcara issued a comprehensive, lengthy, and well-reasoned decision granting summary judgment to... |
2003 |
| Scott A. Taylor |
The Native American Law Opinions of Judge Noonan: Do We Hear the Faint Voice of Bartólome De Las Casas? |
1 University of Saint Thomas Law Journal 148 (Fall 2003) |
Judge John T. Noonan, Jr., is one of the foremost adherents of natural law theory. At the inception of the United States, the national government dealt with Native Americans under a natural law theory that recognized rights of possession of the land. The lands of Native Americans could not be taken without their consent except in the case of just... |
2003 |
| Sandra J. Ashton |
The Role of the National Indian Gaming Commission in the Regulation of Tribal Gaming |
37 New England Law Review 545 (Spring 2003) |
Good morning ladies and gentlemen. Thank you for the opportunity to describe the role of the National Indian Gaming Commission (NIGC) in the regulation of gaming by Indian tribes. As a federal employee, I must state that these are my views and do not necessarily represent the views of the NIGC. I currently am an attorney in the Office of General... |
2003 |
| William C. Kidder |
The Struggle for Access from Sweatt to Grutter: a History of African American, Latino, and American Indian Law School Admissions, 1950-2000 |
19 Harvard BlackLetter Law Journal L.J. 1 (Spring, 2003) |
In Grutter v. Bollinger, a challenge to race-conscious affirmative action at the University of Michigan Law School, the Sixth Circuit recently ruled that achieving diversity to enhance education is a compelling governmental interest and that the Michigan Law School's program is narrowly tailored to meet that goal. With the Supreme Court granting... |
2003 |
| Gloria Valencia-Weber |
The Supreme Court's Indian Law Decisions: Deviations from Constitutional Principles and the Crafting of Judicial Smallpox Blankets |
5 University of Pennsylvania Journal of Constitutional Law 405 (January, 2003) |
It is a pity that so many Americans today think of the Indian as a romantic or comic figure in American history without contemporary significance. In fact, the Indian plays much the same role in our American society that the Jews played in Germany. Like the miner's canary, the Indian marks the shifts from fresh air to poison gas in our political... |
2003 |
| Brian Vandervest |
The Wisconsin State Legal System and Indian Affairs in the Nineteenth Century: a Lost Chapter in Wisconsin's Legal History |
87 Marquette Law Review 357 (Winter 2003) |
As Wisconsin developed as a state during the nineteenth century, its supreme court and legislature devoted time and effort to resolving disputes relating to Indian affairs. While there was no doubt that the federal government reigned supreme over the realm of Indian law, the policies that the federal government created were not impermeable... |
2003 |
| Ryan M. Seidemann |
Time for a Change? The Kennewick Man Case and its Implications for the Future of the Native American Graves Protection and Repatriation Act |
106 West Virginia Law Review 149 (Fall 2003) |
I. Introduction. 150 II. A Brief History of the Repatriation Debate. 151 A. Historic Developments. 151 B. The Kennewick Man Problem. 154 III. How NAGPRA Works. 155 A. Curated Remains. 156 B. Remains Found on Federal or Tribal Lands. 157 IV. The Problem: Lack of a Temporal Limit to Claims Under NAGPRA. 158 V. Bonnichsen v. United States: Is There a... |
2003 |
| Marchéta L. Birch |
Torture, Identity, and Indigenous Peoples: Individual and Collective Rights |
67 Albany Law Review 537 (2003) |
Marginalization and identity come to the forefront when we consider the plight of indigenous peoples as targets of torture. In general, indigenous peoples were--and still are--the first to be marginalized when issues of an essentially political nature--who gets what--arose. This resultant push to the periphery and the attendant silencing and... |
2003 |
| L. Scott Gould |
TOUGH LOVE FOR TRIBES: RETHINKING SOVEREIGNTY AFTER ATKINSON AND HICKS |
37 New England Law Review 669 (Spring 2003) |
It is an article of faith among American Indian tribes, and most scholars who write about them, that tribes possess the powers of inherent sovereigns. The reasoning, based on an 1832 opinion by Chief Justice Marshall, is that tribes are free to govern their territories as they choose, except as limited by acts of Congress. What many tribes and... |
2003 |
| Jon W. Monson |
Tribal Immunity from Process: Limiting the Government's Power to Enforce Search Warrants and Subpoenas on American Indian Land |
56 Rutgers Law Review 271 (Fall 2003) |
[W]ere we to inquire by what law or authority you set up a claim [to our land], I answer, none! Your laws extend not into our county, nor ever did. You talk of the law of nature and the law of nations,and they are both against you. Perhaps no group of people in the history of the United States has suffered the degradation of the American Indian.... |
2003 |
| |
Tribal Self-determination and the Federal Trust Responsibility: Collaboration or Conflict? |
50-APR Federal Lawyer 34 (March/April, 2003) |
Many outstanding tribal, state, and federal leaders, academic scholars. Indian law practitioners and others will gather once again in Albuquerque for the Federal Bar Association's 28th Annual Indian Law Conference. This year's conference centers on the federal tribal trust relationship in the present policy era of tribal self-determination. The... |
2003 |
| Barbara N. Coen |
TRIBAL STATUS DECISION MAKING: A FEDERAL PERSPECTIVE ON ACKNOWLEDGMENT |
37 New England Law Review 491 (Spring 2003) |
Historically, the federal government and the U.S. Department of the Interior made determinations as to which Indian groups were tribes when negotiating treaties and determining which groups could reorganize under the Indian Reorganization Act. This prior ad hoc decision-making was made uniform with the adoption of the federal acknowledgment... |
2003 |
| Rebecca Tsosie |
Tribalism, Constitutionalism, and Cultural Pluralism: Where Do Indigenous Peoples Fit Within Civil Society? |
5 University of Pennsylvania Journal of Constitutional Law 357 (January, 2003) |
The effort of modern political theory to understand multiculturalism has engendered a variety of responses, depending upon the theoretical tradition (e.g., liberalism, communitarianism) and the nature of the group (e.g., immigrant groups, descendants of slaves, indigenous peoples). Contemporary political philosophers struggle with two primary... |
2003 |
| Taunya Lovell Banks , Penelope Andrews |
Two "Colored" Women's Conversation about the Relevance of Feminist Law Journals in the Twenty-first Century |
12 Columbia Journal of Gender and Law 498 (2003) |
The invitation to participate in the Columbia Journal of Gender and Law symposium on the relevance of feminist law journals provided an ideal opportunity for us to reassess our collective endeavors as teachers, scholars, and advocates committed to social justice. Feminist methodology and epistemology have been instrumental in shaping our conceptual... |
2003 |
| Devin Kirby |
What Is the "Hard Look" That the Ninth Circuit Is Looking for When Reviewing United States Forest Service Actions under Nepa? |
10 Missouri Environmental Law & Policy Review 213 (2003) |
Of all of the laws that protect the environment, the National Environmental Policy Act (NEPA) is considered by some as the Magna Carta of environmental regulations. This note focuses on NEPA's process and whether the United States Forest Service violated NEPA's process when it decided to harvest timber in the Helena National Forest. The Ninth... |
2003 |
| Anne Debevoise Ostby |
Will Foreign Investors Regulate Indigenous Peoples' Right to Self-determination? |
21 Wisconsin International Law Journal 223 (Winter 2003) |
In September 2001, the Inter-American Human Rights Court issued a remarkable victory for indigenous peoples. The Court's decision established the obligation of a nation-state, Nicaragua, to recognize the land rights of an indigenous community, the Awas Tingni. The case represents a major development in the use of international human rights law to... |
2003 |
| Michelle A. Carr , Cara Hair |
Winner, Best Appellate Brief in the 2002 Native American Law Student Association Moot Court Competition |
27 American Indian Law Review 357 (2002-2003) |
1. Whether the Tribal Court erred in denying summary judgment to the Atokan Housing Authority and Atokan Tribal Officials, as sued in their official and individual capacities, on the basis of sovereign immunity. 2. Whether the Tribal Court correctly denied Appellants' motion for a preliminary injunction because the power to determine the scope of... |
2003 |
| William Bradford |
With a Very Great Blame on Our Hearts: Reparations, Reconciliation, and an American Indian Plea for Peace with Justice |
27 American Indian Law Review Rev. 1 (2002-2003) |
In a post-September 11th era riven by ethno-nationalism, territorial revanchism, and religious terror, the United States has assumed the mantle of leadership in articulating the moral, political, and legal norms that will inform reconstruction of global security architecture. Defense of human rights, whether motivated by its contribution to the... |
2003 |
| Gregory C. Sisk |
Yesterday and Today: of Indians, Breach of Trust, Money, and Sovereign Immunity |
39 Tulsa Law Review 313 (Winter 2003) |
Twice in the past quarter century, the Supreme Court has composed a duet of Indian breach of trust decisions that, through dynamic counterpoint, complement each other to produce a reasonably harmonious arrangement. Each of these two judicial movements sets one decision that finds an actionable fiduciary relationship against another decision that... |
2003 |
| Andrew Askland |
A Caution to Native American Institutional Review Boards about Scientism and Censorship |
42 Jurimetrics Journal 159 (Winter, 2002) |
Native American Institutional Review Boards (IRBs) promote the health and welfare of tribes by reviewing protocols for research studies that focus on their tribes. The benefits of approved protocols should not be overstated lest good studies disappoint because they do not satisfy unachievable expectations. IRBs also should avoid the... |
2002 |
| Jana L. Walker, Jennifer L. Bradley, Timothy J. Humphrey, Sr. |
A Closer Look at Environmental Injustice in Indian Country |
1 Seattle Journal for Social Justice 379 (Fall/Winter, 2002) |
Over the last two decades, the environmental justice movement has evolved into a recognized social movement within the United States that merges civil rights with environmental protection. It is erroneous, however, to assume that federally recognized tribal governments (Tribes) and their members suffer environmental injustices of the same type,... |
2002 |
| John Buick-Constable |
A Contractual Approach to Indigenous Self-determination in Aotearoa/new Zealand |
20 UCLA Pacific Basin Law Journal 113 (Fall 2002) |
The contemporary realities of international law and politics are such that if Indigenous Peoples are to peacefully and effectively realise self-determination, they will most likely have to exercise it within existing State structures and orders. This requires (re)establishing and (re)orienting Indigenous-State relations away from policies of... |
2002 |