Jazmin Chavez, staff writer Land Rights: Preserving Brazilian Indians' Traditional Ways of Life 22 No.2 Human Rights Brief 11 (Fall, 2015) It is common knowledge that Brazil is the largest, most populated country in Latin America. It is less common knowledge, however, that Brazil's indigenous population is currently facing a number of critical issues that threaten the future of its people. Even during the first-ever World Indigenous Games--which was recently held in October 2015 to... 2015
Breann Nu'uhiwa Language Is Never about Language: Eliminating Language Bias in Federal Education Law to Further Indigenous Rights 37 University of Hawaii Law Review 381 (Spring, 2015) Language is power, life and the instrument of culture, the instrument of domination and liberation. -Angela Carter Before infants utter their first words or learn to assign meaning to speech, they develop preferences for those who speak their native languages in native accents. As children move into the preschool environment, language differences... 2015
Samantha K. Nikic Liberté, Égalité, Fraternité?: the United Nations Declaration of the Rights of Indigenous Peoples Fails to Protect Hopi Katsinam from the Auction Block in France 41 Brooklyn Journal of International Law 407 (2015) The shouts of a woman protesting over a room of applause for the $210,000 USD sale of a Native American headdress at French auction house Néret-Minet Tessier & Sarrou in April 2013 have gone unnoticed. Unlike the underwhelming concern of auction houses and courts in France that have allowed the sales of Native American sacred property,... 2015
  Lost and Never Found: the Plight of Canada's Indigenous Women 22 No.1 Human Rights Brief Brief 9 (Spring, 2015) On December 21, 2014, the Inter-American Commission on Human Rights (IACHR) released a report concerning the plight of indigenous women in Canada, whom it claims face violence at a rate four times greater than nonindigenous women. The report elaborates on what the IACHR calls a pattern of violence and discrimination against indigenous women in the... 2015
Nicholas Dorf Making an Offer They Can't Refuse: Corporate Investment in Africa and the Divestment of Indigenous Land Rights 38 Boston College International and Comparative Law Review 65 (Winter, 2015) International investment in African land is booming. In many circumstances, investors target land occupied by indigenous populations without official title. National laws providing protection for the land rights of these indigenous populations have proved rare and ineffective due to the driving need for investment and the perceived... 2015
Laura M. Seelau , Ryan Seelau Making Indigenous Self-determination Work: What the Nation Building Principles and Three Case Studies from Chile Teach Us about Implementing Indigenous Human Rights 39 American Indian Law Review 137 (2014-2015) Self-determination is the only policy proven to benefit both Indigenous peoples and the nation-states in which they live. The right of self-determination is valuable for Indigenous peoples because it allows them to envision their own futures, set their own goals, and make decisions necessary to transform those visions and goals into realities. In... 2015
Troy A. Eid Making Native America Safer and More Just for All Americans 40-MAY Human Rights Rts. 7 (May, 2015) These are momentous times for America's 567 federally recognized Indian tribes thanks to two recently enacted criminal justice reforms, the Tribal Law and Order Act of 2010 (TLOA) and the Violence Against Women Act Amendments of 2013 (VAWA Amendments). The effect of these two statutes is to make federal officials more accountable to Native American... 2015
Sandeep Gopalan , Akshaya Kamalnath Mandatory Corporate Social Responsibility as a Vehicle for Reducing Inequality: an Indian Solution for Piketty and the Millennials 10 Northwestern Journal of Law & Social Policy 34 (Spring, 2015) Introduction. 36 I. The Judicial Transition: from Shareholder Centricity to Stakeholder Consideration. 46 A. The Early Years. 46 B. The Satyam Scam. 51 C. Recent Judicial Recognition of Corporate Social Responsibility. 53 II. The Legislative and Executive History: Movement Towards Corporate Social Responsibility. 56 A. First Steps Towards Social... 2015
by Barbara L. Jones, Minnesota Lawyer, Minneapolis, MN Menominee Indian Tribe of Wisconsin 43 No.3 Preview of United States Supreme Court Cases 111 (11/30/2015) The petitioner is the Menominee Indian Tribe of Wisconsin, a federally recognized Indian tribe. It claims that the federal government has breached its obligations under the Indian Self-Determination and Education Assistance Act, 25 U.S.C. § 450 et seq., (ISDA), by not fully funding tribal support costs under the ISDA. The liability of the federal... 2015
Peter Erlinder Minnesota V. Mille Lacs Band of Chippewa: 19 Century U.s. Treaty-guaranteed Usufructuary Property Rights, the Foundation for 21 Century Indigenous Sovereignty 33 Law & Inequality: A Journal of Theory and Practice 143 (Winter, 2015) C1-2Table of Contents Introduction. 145 I. Background to the Restoration of Chippewa Treaty-Guaranteed Usufructuary Property Rights in Northern Minnesota. 151 A. The Late 20 Century Grassroots Activism: The Rule of Law Returns After 160 Years of Systemic Usufructuary Property Theft. 153 B. Usufructuary Property in Sovereign Objibwe Territory: The... 2015
Mary Smith Native American Attorneys Systematically Excluded in the Legal Profession 40-MAY Human Rights 14 (May, 2015) This year marks the 40th anniversary of the Indian Self-Determination and Education Assistance Act of 1975, which allowed tribes more control over administering federal programs. Enacted in a new era of self-determination for Indian tribes, the Act signaled new promise and hope for Native Americans in the United States. With more opportunities for... 2015
Celeste Wilson Native Americans and Free Exercise Claims: a Pattern of Inconsistent Application of First Amendment Rights and Insufficient Legislation for Natives Seeking Freedom in Religious Practice 2015 the crit: a Critical Studies Journal J. 1 (2015) C1-3Table of Contents L1-2Introduction . R32. I. Dominant, Majoritarian Religions and Native American Religions: A Brief History of the Religious Differences between early Christianized Americans and Natives. 4 II. Legal Precedent: Constitutional and Statutory Laws Addressing Native American Free Exercise. 6 A. The First Amendment to the United... 2015
Melinda Smith Native Americans and the Legalization of Marijuana: Can the Tribes Turn Another Addiction into Affluence? 39 American Indian Law Review 507 (2014-2015) For decades, Congress has enacted legislation without a fleeting thought of the impact it will have on Native Americans. Today is no different. Federal decriminalization of marijuana, with the apparent end-goal of federal taxation of marijuana, is on the horizon. The multi-billion dollar industry is not only home to large corporate interests, it... 2015
  Native Hawaiian Legal Corporation 19-JAN Hawaii Bar Journal 24 (January, 2015) HBJ: What is your educational background and how did you come to be here at the Native Hawaiian Legal Corporation? Moses Haia: I received a Bachelor of Arts degree in political science from the University of Hawai'i at Manoa in 1989 and a law degree from the William S. Richardson School of Law in 1994. I joined the Native Hawaiian Legal... 2015
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
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
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
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