Details here at Balkinization.
Author: Matthew L.M. Fletcher
Gregory Alexander on the Complexities of Land Reparations
Gregory S. Alexander has posted his paper, “The Complexities of Land Reparations,” on SSRN.
Here is the abstract:
The question whether unjust dispossessions of land perpetrated on whole peoples in the past should be corrected by restitution in kind, that is, granting reparations in the form of returning land to the dispossessed former owners or their present-day successors is substantially more complex than the questions posed by other forms of reparations. I argue that the complexities involved in all of the situations where claims for land reparations are made to correct historic injustices give us good reasons to be hesitant about granting such claims. At the same time, we should not dismiss such claims out of hand. Reparations which take a form other than restitution of dispossessed land may be both necessary and sufficient to establish a public marker of acknowledgment.
Materials (so far) in Tribal Court Jurisdiction Matter involving Tort Claim against On-Reservation Public School
Here are the materials in Fort Yates Public School District #4 v. Murphy (D. N.D.):
Fort Yates School District TRO Brief
Standing Rock Sioux Tribe Amicus Brief
Tribal court materials:
Fort Yates School District Tribal Court Motion to Dismiss
Congrats again to Ken Akini — Sworn In to Michigan State Bar
Ken and Dr. Clark Johnson
Turtle Talk Election Exit Poll — HEY YOU! GO VOTE!
NARF Seeks Alaska Staff Attorney
Here.
UCLA Indian Studies Director Angela Riley Open Letter to No Doubt
Here:
An excerpt:
We commend No Doubt, Interscope, and Supersonic for making the decision to pull the “Looking Hot” video immediately from the Internet upon learning of the overwhelming response from the Native community. We also want to make clear that, while No Doubt’s apology claimed to have consulted “Native American studies experts at the University of California,” to our knowledge, no such person from UCLA was consulted about the video prior to its release. Nevertheless, in furtherance of our educational and collaborative mission, we extend to you an invitation to engage with the American Indian Studies Center and the Los Angeles Indian community, as we see this unfortunate incident as presenting an opportunity for growth and mutual understanding.
Lots of screen shots from this video here.
A sampling:
TWO MILLION Turtle Talk Hits
Well, according to WordPress’s counter. Miigwetch everyone!
Guess which one of these publications was the inspiration for our name!
Top 20 SSRN Indian Law Papers in 2012 (So Far)
Here are the top 20 papers, by download (a lousy indicator, but I’m procrastinating right now so work with me). I included papers on American Indian law, though I included papers on international law so long as they included some discussion of American Indian tribes, and excluded papers published prior to 2012, and my own papers (tacky).
From here:
Jurisdiction, Crime, and Development: The Impact of Public Law 280 in Indian Country
Valentina P. Dimitrova-Grajzl , Peter Grajzl and A. Joseph Guse
Virginia Military Institute , Washington and Lee University – Department of Economics and Washington and Lee University – Williams School of Commerce, Economics, and Politics
Date Posted: June 26, 2012
Last Revised: September 18, 2012
Working Paper Series
168 downloads
Clarence Thomas’s Originalist Understanding of the Interstate, Negative, and Indian Commerce Clauses
University of Detroit Mercy Law Review, Vol. 88, No. 769, 2011
Ralph A. Rossum
Claremont McKenna College
Date Posted: June 17, 2012
Accepted Paper Series
144 downloads
‘The Tale of the Tribe and the Company Town’: What We Can Learn About the Workings of Whiteness in the Pacific Northwest
Oregon Law Review, Vol. 90, No. 5 (2012), Gonzaga University School of Law Research Paper No. 2012-6
John Shuford
Gonzaga University – Department of Philosophy
Date Posted: July 25, 2012
Last Revised: August 01, 2012
Accepted Paper Series
135 downloads
What’s at Stake for Tribes? – The U.S. Department of Justice Office of Legal Counsel Opinion on Internet Gaming, Testimony of Dean Kevin K. Washburn, Oversight Hearing Before the United States Senate Committee on Indian Affairs, 112th Congress, Second Session
UNM School of Law Research Paper No. 2012-04
Kevin K. Washburn
University of New Mexico – School of Law
Date Posted: February 07, 2012
Last Revised: April 20, 2012
Accepted Paper Series
113 downloads
Unjustifiable Expectations: Laying to Rest the Ghosts of Allotment-Era Settlers
36 Seattle U. Law Rev. 129 (2012).
Ann E. Tweedy
Hamline University School of Law
Date Posted: February 17, 2012
Last Revised: October 06, 2012
Accepted Paper Series
106 downloads
Globalization and its Special and Significant Impacts on Indigenous Communities
Arizona Legal Studies Discussion Paper No. 12-19
Robert Hershey
University of Arizona – James E. Rogers College of Law
Date Posted: May 29, 2012
Working Paper Series
104 downloads
Priceless Property
Georgia State University Law Review, Forthcoming, Wayne State University Law School Research Paper No. 2012-03
Kirsten Matoy Carlson
Wayne State University Law School
Date Posted: March 28, 2012
Last Revised: May 09, 2012
Working Paper Series
104 downloads
Political Science and the Study of Indigenous Politics
Kevin Bruyneel
Babson College
Date Posted: May 18, 2012
Last Revised: October 29, 2012
Working Paper Series
101 downloads
The Meaning of Due Process in the Navajo Nation
The Indian Civil Rights Act at Forty (UCLA American Indian Studies Center Publications) 2012
Paul Spruhan
Navajo Nation Department of Justice
Date Posted: March 29, 2012
Accepted Paper Series
91 downloads
Limiting Principles and Empowering Practices in American Indian Religious Freedoms
Connecticut Law Review, Vol. 45, No. 2, Forthcoming 2012
Kristen A. Carpenter
University of Colorado Law School
Date Posted: March 04, 2012
Last Revised: May 08, 2012
Accepted Paper Series
85 downloads
ICRA Habeas Claim re: Lummi ICW Case Dismissed
Here are the materials in Jones v. Lummi Tribal Court (W.D. Wash.):
Jones Habeas Petition Memorandum
Jones Reponse to Show Cause Order
R&R Recommending Jones Complaint Dismissal
DCT Order Dismissing Jones Complaint
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