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Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Adopted Couple V. Baby Girl: Erasing The Last Vestigates Of Human Property, James G. Dwyer 2019 William & Mary Law School

Adopted Couple V. Baby Girl: Erasing The Last Vestigates Of Human Property, James G. Dwyer

James G. Dwyer

No abstract provided.


The Dark Side Of Efficiency: Johnson V. M'Intosh And The Expropriation Of Amerindian Lands, Eric Kades 2019 William & Mary Law School

The Dark Side Of Efficiency: Johnson V. M'Intosh And The Expropriation Of Amerindian Lands, Eric Kades

Eric A. Kades

No abstract provided.


The "Middle Ground" Perspective On The Expropriation Of Indian Lands, Eric Kades 2019 William & Mary Law School

The "Middle Ground" Perspective On The Expropriation Of Indian Lands, Eric Kades

Eric A. Kades

No abstract provided.


History And Interpretation Of The Great Case Of Johnson V. M'Intosh, Eric Kades 2019 William & Mary Law School

History And Interpretation Of The Great Case Of Johnson V. M'Intosh, Eric Kades

Eric A. Kades

No abstract provided.


Displacing The Judiciary: Customary Law And The Threat Of A Defensive Tribal Council: A Book Review Of Raymond D. Austin, Navajo Courts And Navajo Common Law: A Tradition Of Tribal Self-Governance (2009), Ezra Rosser 2019 Selected Works

Displacing The Judiciary: Customary Law And The Threat Of A Defensive Tribal Council: A Book Review Of Raymond D. Austin, Navajo Courts And Navajo Common Law: A Tradition Of Tribal Self-Governance (2009), Ezra Rosser

Ezra Rosser

No abstract provided.


Beyond Constitutional Frontiers: Tribal Rights, Resources, And Reform, Monte Mills 2019 Alexander Blewett III School of Law at the University of Montana

Beyond Constitutional Frontiers: Tribal Rights, Resources, And Reform, Monte Mills

Faculty Journal Articles & Other Writings

The current era arguably poses the most complex and challenging environmental dilemmas in human history. With climate change, increasingly scarce resources, and exponentially expanding demand, traditional legal notions of standing, harm, and liability are being stretched and reshaped to accommodate a shifting set of values regarding natural resources and potentially respond to the moment. While these novel and innovative approaches are modestly reshaping the fields of natural resources and environmental law, however, the historical and time-honored claims of Indian tribes are also presenting avenues for rethinking the foundations of those areas of law. Arising both within and outside of the ...


Vawa Reauthorization Of 2013 And The Continued Legacy Of Violence Against Indigenous Women: A Critical Outsider Jurisprudence Perspective, Luhui Whitebear 2019 University of Miami Law School

Vawa Reauthorization Of 2013 And The Continued Legacy Of Violence Against Indigenous Women: A Critical Outsider Jurisprudence Perspective, Luhui Whitebear

University of Miami Race & Social Justice Law Review

No abstract provided.


Environmentalism Isn’T New: Lessens From Indigenous Law, Joseph Kowalski 2019 University at Buffalo School of Law

Environmentalism Isn’T New: Lessens From Indigenous Law, Joseph Kowalski

Buffalo Environmental Law Journal

The much-overlooked laws and lifeways of Indigenous people show that concepts of environmental sustainability have long been a part of the human tradition. By studying the Indigenous jurisprudence of societies that maintained these traditions into the modern era, much can be learned. Rather than making laws in regards to the land, the land itself was the source of the law, for the environmental laws were built around a relationship with the land.

Through most of human history, the western world had a similar relationship. However, the Holy Roman Empire’s interpretation of Biblical scripture, which at that time was law ...


The Generative Structure Of Aboriginal Rights, Brian Slattery 2019 Osgoode Hall Law School of York University

The Generative Structure Of Aboriginal Rights, Brian Slattery

Brian Slattery

Are aboriginal rights historical rights -- rights that gained their basic form in the distant past? Or are they generative rights -- rights that, although rooted in the past, have the capacity to renew themselves, as organic entities that grow and change? Section 35(1) of the Constitution Act, 1982 provides little guidance on the point, referring ambiguously to existing aboriginal and treaty rights. In the Van der Peet case, decided in 1996, the Supreme Court of Canada characterized aboriginal rights primarily as historical rights, moulded by the customs and practices of aboriginal groups at the time of European contact, with only ...


Tribal Sovereignty And Online Gaming: Fantasy Sports Offer Tribes What Other Games Do Not, Cody Wilson 2019 Southern Methodist University, Dedman School of Law

Tribal Sovereignty And Online Gaming: Fantasy Sports Offer Tribes What Other Games Do Not, Cody Wilson

SMU Law Review

No abstract provided.


Book Review Of "River Of Lost Souls", Clifford J. Villa 2019 University of New Mexico School of Law

Book Review Of "River Of Lost Souls", Clifford J. Villa

Public Land & Resources Law Review

No abstract provided.


Celebrating 30 Years Of The Indigenous Blacks & Mi’Kmaq Initiative: How The Creation Of A Critical Mass Of Black And Aboriginal Lawyers Is Making A Difference In Nova Scotia, Naiomi Metallic 2019 Dalhousie University Schulich School of Law

Celebrating 30 Years Of The Indigenous Blacks & Mi’Kmaq Initiative: How The Creation Of A Critical Mass Of Black And Aboriginal Lawyers Is Making A Difference In Nova Scotia, Naiomi Metallic

Articles & Book Chapters

Drawing on my own experience as alumni of the Indigenous Blacks & Mi’kmaq Initiative at the Schulich School of Law at Dalhousie University—one of the only dedicated access program in a Canadian law school for Black and Aboriginal students—I argue that such programs create optimal conditions for fostering greater awareness of critical race issues within the legal profession. The reason for this is that such programs create a critical mass of Black and Aboriginal law students and alumni, who support and encourage each other and, as a result, acquire confidence and skill in raising, and educating others about ...


Finding A Path To Reconciliation: Mandatory Indigenous Law, Anishinaabe Pedagogy, And Academic Freedom, Karen Drake 2019 Osgoode Hall Law School of York University

Finding A Path To Reconciliation: Mandatory Indigenous Law, Anishinaabe Pedagogy, And Academic Freedom, Karen Drake

Karen Drake

The Truth and Reconciliation Commission has called on law schools in Canada to make Indigenous law a mandatory component of legal education. In its final report, the Commission provides the outline of a rationale in support of this call to action. This paper builds on that outline by grounding the Commission’s rationale in the jurisprudence on section 35(1) of the Constitution Act, 1982. Articulating a comprehensive rationale is useful for at least three reasons. First, such a rationale can underpin a response to the claim that a required Indigenous law course lacks value for those students who do ...


Red River, White Law, Laura Spitz 2019 University of New Mexico - School of Law

Red River, White Law, Laura Spitz

Faculty Scholarship

No matter how well-intended, advocates reaching for personhood on behalf of rivers in the United States must think carefully about how to meaningfully engage the Indigenous peoples directly affected, or risk continuing practices of colonization. In that sense, the Colorado River case was a missed opportunity to contextualize the claim in terms of local Indigenous laws and cultures. Its dismissal provides an opportunity to reset and reach out before moving forward again.


Food Fish, Commercial Fish, And Fish To Support A Moderate Livelihood: Characterizing Aboriginal And Treaty Rights To Canadian Fisheries, Douglas C. Harris, Peter Millerd 2019 Allard School of Law at the University of British Columbia

Food Fish, Commercial Fish, And Fish To Support A Moderate Livelihood: Characterizing Aboriginal And Treaty Rights To Canadian Fisheries, Douglas C. Harris, Peter Millerd

Douglas C Harris

The Aboriginal peoples of Canada stand in a different legal relationship to the fisheries than non-Aboriginal Canadians. They do so by virtue of a long history with the fisheries that precedes non-Aboriginal settlement in North America, and because of the constitutional entrenchment of Aboriginal and treaty rights in Canadian law. This article describes the characterizations of Aboriginal and treaty rights to fish in Canadian law and discusses what it means for rights characterized in terms of food fishing, commercial fishing, and fishing to support a moderate livelihood, to receive constitutional protection. The article then problematizes these characterizations and suggests that ...


Native American Religious Accommodations, National Parks, And The Cutter Test, James Dohnalek 2019 University of St. Thomas, Minnesota

Native American Religious Accommodations, National Parks, And The Cutter Test, James Dohnalek

University of St. Thomas Law Journal

No abstract provided.


'Race, Racism, And American Law ': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Monte Mills, Eduardo R.C. Capulong, Andrew King-Ries 2019 Alexander Blewett III School of Law at the University of Montana

'Race, Racism, And American Law ': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Monte Mills, Eduardo R.C. Capulong, Andrew King-Ries

Faculty Law Review Articles

The events of fall 2016 exploded the myth of a post-racial America that some believed had been ushered in by Barack Obama’s presidency.1With the U.S. presidential campaign in full swing, soon-to-be President Donald Trump disparaged Muslims as terrorists, Mexicans as rapists and murderers, and African Americans as poor.2 Trump’s racist demagoguery came amidst the momentum of the Black Lives Matter,Standing Rock, and Dreamer movements—mass mobilizations that sought to end the police killings of Black people, protect Native American treaty rights, and grant immigrant minors legal status.3 Once again, the racial divide that ...


Savage Inequalities, Bethany R. Berger 2019 University of Washington School of Law

Savage Inequalities, Bethany R. Berger

Washington Law Review

Equality arguments are used today to attack policies furthering Native rights on many fronts, from tribal jurisdiction over non-Indian abusers to efforts to protect salmon populations in the Pacific Northwest. These attacks have gained strength from a modern movement challenging many claims by disadvantaged groups as unfair special rights. In American Indian law and policy, however, such attacks have a long history, dating almost to the founding of the United States. Tribal removal, confinement on reservations, involuntary allotment and boarding schools, tribal termination—all were justified, in part, as necessary to achieve individual Indian equality. The results of these policies ...


'Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills 2019 Alexander Blewett III School of Law at the University of Montana

'Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills

The Scholar: St. Mary's Law Review on Race and Social Justice

Flagrant racism has characterized the Trump era from the onset. Beginning with the 2016 presidential campaign, Trump has inflamed long-festering racial wounds and unleashed White supremacist reaction to the nation’s first Black President, in the process destabilizing our sense of the nation’s racial progress and upending core principles of legality, equality, and justice. As law professors, we sought to rise to these challenges and prepare the next generation of lawyers to succeed in a different and more polarized future. Our shared commitment resulted in a new course, “Race, Racism, and American Law,” in which we sought to explore ...


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