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Another Inappropriate F Word: Fiduciary Doctrine And The Crown-Indigenous Relationship In Canada, Bryan Birtles 2020 Seattle University School of Law

Another Inappropriate F Word: Fiduciary Doctrine And The Crown-Indigenous Relationship In Canada, Bryan Birtles

American Indian Law Journal

No abstract provided.


“One Person, One Vote”: Navajo Nation V. San Juan County And Voter Suppression Of Native Americans, Carter Fox 2020 University of Tulsa College of Law

“One Person, One Vote”: Navajo Nation V. San Juan County And Voter Suppression Of Native Americans, Carter Fox

American Indian Law Journal

No abstract provided.


Mortgage Lending On Tribal Lands: Federal Fair Lending Protections, Public-Private Partnerships, And Tribal Solutions For Increasing Access To Mortgage Credit On Tribal Lands, Abby Hogan 2020 Seattle University School of Law

Mortgage Lending On Tribal Lands: Federal Fair Lending Protections, Public-Private Partnerships, And Tribal Solutions For Increasing Access To Mortgage Credit On Tribal Lands, Abby Hogan

American Indian Law Journal

No abstract provided.


Rehabilitative Justice: The Effectiveness Of Healing To Wellness, Opioid Intervention, And Drug Courts, Majidah M. Cochran, Christine L. Kettel 2020 Seattle University School of Law

Rehabilitative Justice: The Effectiveness Of Healing To Wellness, Opioid Intervention, And Drug Courts, Majidah M. Cochran, Christine L. Kettel

American Indian Law Journal

No abstract provided.


The Indian Child Welfare Act’S Application To Civil Commitments Of Indian Children In State Court Proceeding, Courtney Lewis 2020 Seattle University School of Law

The Indian Child Welfare Act’S Application To Civil Commitments Of Indian Children In State Court Proceeding, Courtney Lewis

American Indian Law Journal

Currently there is no clear guidance on the Indian Child Welfare Act’s (ICWA) application in the context of a civil commitment proceeding, which generally occurs at the state level. This Article argues that ICWA applies to any state court proceeding for civil commitment of an Indian child if the Indian parent cannot have their child returned upon demand. The plain language of ICWA provides for this reasonable interpretation. ICWA enacts rights for Indian children, their parents, and their tribes when a party seeks the removal of the Indian child for placement in an institution. Without adherence to these rights ...


Peyote Crisis Confronting Modern Indigenous Peoples: The Declining Peyote Population And A Demand For Conservation, James D. Muneta 2020 Seattle University School of Law

Peyote Crisis Confronting Modern Indigenous Peoples: The Declining Peyote Population And A Demand For Conservation, James D. Muneta

American Indian Law Journal

Once abundant, the wild growing peyote cactus plants in Texas and Mexico are being drastically reduced and becoming scarce. Peyote, a slow growing cactus contains the hallucinogenic drug mescaline, is a sacred sacrament used in the Native Americans Church (NAC). It is also used religiously by various Indian tribes throughout the country of Mexico. Although peyote is classified as a controlled substance under federal and state laws, U.S. Congress granted NAC members a “peyote exemption” pursuant to the American Indian Religious Freedom Act to legally use peyote for religious purposes. In U.S. v. Boyll, the federal district court ...


Introduction, Rick Applegate 2020 Alexander Blewett III School of Law at the University of Montana

Introduction, Rick Applegate

Public Land & Resources Law Review

No abstract provided.


Asarco Llc V. Atlantic Richfield Co., Llc, Taylor A. Simpson 2020 Alexander Blewett III School of Law at the University of Montana

Asarco Llc V. Atlantic Richfield Co., Llc, Taylor A. Simpson

Public Land & Resources Law Review

In 2009, Asarco reached a settlement agreement with the Environmental Protection Agency for the arsenic-contaminated East Helena lead smelting facility. As part of the settlement, Asarco was responsible for $111.4 million in cleanup and remediation expenses. Following this payment, Asarco brought a contribution claim under the Comprehensive Environmental Response, Compensation, and Liability Act against Atlantic Richfield. Finally, in 2020, the Ninth Circuit Court of Appeals held that Asarco’s remediation expenses of $111.4 million were not eligible for contribution because the costs were not fully incurred. The Ninth Circuit stated that only incurred or concrete, non-speculative future costs ...


An Unfair Cross Section: Federal Jurisdiction For Indian Country Crimes Dismantles Jury Community Conscience, Alana Paris 2020 Northwestern Pritzker School of Law

An Unfair Cross Section: Federal Jurisdiction For Indian Country Crimes Dismantles Jury Community Conscience, Alana Paris

Northwestern Journal of Law & Social Policy

Under the Sixth Amendment to the United States Constitution, federal jury pools must reflect a fair cross section of the community in which a crime is prosecuted and from which no distinct group in the community is excluded. The community in which a crime is prosecuted varies widely in Indian country based on legislative reforms enacted by Congress to strip indigenous populations of their inherent sovereignty. Under the Major Crimes Act, the federal government has the right to adjudicate all serious crimes committed by one American Indian against another American Indian or non-Indian within Indian country. American Indian defendants under ...


A Meeting Of The Minds: Utilizing Maine’S State Education System To Promote The Success Of Its Native Students While Maintaining Tribal Sovereignty, Jordan T. Ramharter 2020 University of Maine School of Law

A Meeting Of The Minds: Utilizing Maine’S State Education System To Promote The Success Of Its Native Students While Maintaining Tribal Sovereignty, Jordan T. Ramharter

Maine Law Review

The United States Federal Government is failing to provide its Native American students with access to equal educational opportunities. Although “tribal sovereignty” provides tribes with the right to self-govern, a “trust relationship” is maintained between the sovereign nations and the federal government. This duality results in tribes being viewed as “domestic dependent nations” by the federal government. Due to this relationship, the federal government has long recognized not only a right, but a duty to utilize its plenary powers to develop necessary legislative and executive authority in order to support the nation’s tribes. Encompassed in this duty is the ...


Concluding Remarks: Miyo-W?cêhtowin, R V Stanley, And Our Future As Lawyers, Signa A. Daum Shanks 2020 Osgoode Hall Law School of York University

Concluding Remarks: Miyo-W?cêhtowin, R V Stanley, And Our Future As Lawyers, Signa A. Daum Shanks

Articles & Book Chapters

Miyo-w?cêhtowin. It is a term I have learned to express the idea of good behaviour; responsibility to others; and not forgetting those who are the most forgotten, the most in need of help, those whose ways we most benefit from. It is Cree, but its nature and scope is not necessarily unique to Cree circles. It is reinforced by religious references, standards for professional certification and volunteer groups, and personal choices. It is also woven into Canada’s legal system, whether in judicial decisions or in academic or professional discussions. So while we can see it when appreciating cultural tenets ...


Scaling Commercial Law In Indian Country, MARC LANE ROARK 2020 Southern University Law Center

Scaling Commercial Law In Indian Country, Marc Lane Roark

Texas A&M Law Review

How do you drive economic enterprise in a financial desert? Indian tribes, academics, economists, and policy makers have considered the means and methods for energizing economic growth for forty years. Efforts such as the creation and promotion of the Model Tribal Secured Transactions Act (“MTSTA”) promise much toward creating conditions that would gather financial opportunity to tribal regions that experience poverty at a strikingly higher rate than any other place in the United States. And yet, while the law has been available for more than ten years, tribes have been reticent to adopt it. This Article fills the vacuum in ...


Shared Indigenous And Crown Sovereignty: Modifying The State Model, Kent McNeil 2020 Osgoode Hall Law School of York University

Shared Indigenous And Crown Sovereignty: Modifying The State Model, Kent Mcneil

Articles & Book Chapters

When European nations colonized North America, their dealings with one another were based on the state model of territorial sovereignty. At the same time, they acknowledged the independence of the Indigenous nations and entered into nation-to-nation treaties with them, whereby sovereignty was to be shared. Consequently, the Westphalian concept of absolute state sovereignty has never applied in North America. While the European nations acquired sovereignty vis-à-vis one another in the international law system that they created, the Indigenous nations retained internal sovereignty and the right to continue governing themselves. This modified concept of state sovereignty has been acknowledged by the ...


Before The Ice Disappears: Pursuing Climate Justice For Inuit Women In The Context Of Mining In Nunavut, Angeline Bellehumeur 2020 The University of Western Ontario

Before The Ice Disappears: Pursuing Climate Justice For Inuit Women In The Context Of Mining In Nunavut, Angeline Bellehumeur

Electronic Thesis and Dissertation Repository

The Arctic’s rapid warming is increasing the potential for mining activity in Nunavut, and, consequently, Inuit women are increasingly at risk of experiencing the adverse and gendered impacts of mining, including gender-based violence. Through a theoretical framework influenced by feminism, Indigenous legal scholarship and legal anthropology, this thesis examines the flaws in the mining industry’s voluntary efforts to acquiring a social licence to operate and in the Nunavut mining regulatory regime, while also considering how the law can provide legal recourse through tort actions and Inuit Impact Benefit Agreements. In every instance, is clear that climate justice for ...


Enough Is As Good As A Feast, Noah C. Chauvin 2020 Seattle University School of Law

Enough Is As Good As A Feast, Noah C. Chauvin

Seattle University Law Review

Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ...


The Tribal Right To Exclude Non-Tribal Members From Indian-Owned Lands, Alexander Tallchief Skibine 2020 University of Utah, SJ Quinney College of Law

The Tribal Right To Exclude Non-Tribal Members From Indian-Owned Lands, Alexander Tallchief Skibine

Utah Law Faculty Scholarship

In 1981, the Supreme Court issued its decision in Montana v. United States, severely restricting the ability of Indian Tribes to assume civil regulatory and adjudicatory jurisdiction over non-tribal members for activities taking place on non-Indian lands within Indian reservations. The Court in Montana stated that “it could readily agree” with the Court of Appeals’ holding that the tribe could regulate the conduct of non-member on tribal lands. Yet, twenty years later, the Court issued its opinion in Nevada v. Hicks holding that in certain circumstances, the jurisdiction of Indian tribes could also be limited even if the activities of ...


Textualism’S Gaze, Matthew L.M. Fletcher 2020 Michigan State University College of Law

Textualism’S Gaze, Matthew L.M. Fletcher

Michigan Journal of Race and Law

This Article attempts to address why textualism distorts the Supreme Court’s jurisprudence in Indian law. I start with describing textualism in federal public law. I focus on textualism as described by Justice Scalia, as well as Scalia’s justification for textualism and discussion about the role of the judiciary in interpreting texts. The Court is often subject to challenges to its legitimacy rooted in its role as legal interpreter that textualism is designed to combat.


Mcgirt V. Oklahoma, Allison Barnwell 2020 Alexander Blewett III School of Law at the University of Montana

Mcgirt V. Oklahoma, Allison Barnwell

Public Land & Resources Law Review

The United States Supreme Court ruled that large areas of Oklahoma, including much of the City of Tulsa, are reservation land. The case arose from an Oklahoma state court’s conviction of Jimcy McGirt on several criminal offenses. Mr. McGirt argued the State of Oklahoma lacked jurisdiction to prosecute because he was an enrolled member of the Seminole Nation of Oklahoma and committed his crimes on the Creek Reservation. Under the Major Crimes Act, only the federal government has the power to try tribal members for crimes committed on reservation lands. In a five to four decision, the Court held ...


Table Of Contents, Seattle University Law Review 2020 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Indigenous Constitutionalism And Dispute Resolution Outside The Courts: An Invitation, Karen Drake 2020 Osgoode Hall Law School of York University

Indigenous Constitutionalism And Dispute Resolution Outside The Courts: An Invitation, Karen Drake

Articles & Book Chapters

The Supreme Court of Canada's jurisprudence on constitutionally protected Aboriginal rights filters Indigenous laws through the lens of liberal constitutionalism, resulting in distortions of Indigenous law. To overcome this constitutional capture, this article advocates for an institution that facilitates dispute resolution between Canadian governments and Indigenous peoples grounded in Indigenous constitutionalism. To avoid a pan-Indigenous approach, this article focuses on Anishinaabe constitutionalism as one example of Indigenous constitutionalism. It highlights points of contrast between Anishinaabe constitutionalism's and liberalism's foundational norms and dispute resolution procedures. This article argues that a hybrid institution—combining features of both liberalism and ...


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