Indian Title: Unraveling the Racial Context of Property Rights, or How to Stop Engaging in Conquest
Joseph William Singer
This article discusses the racial injustice faced by Native Americans, with whom land titles in the United States originated with. The author argues it is vital to interpret the Supreme Court cases of the 19th century that correctly defined Indian title, and to honor the property rights of Indian title just as we do the “fee simple of the whites”.
10 Alb. Govt. L. Rev. 1 (2017)
Indians, Race, and Criminal Jurisdiction in Indian Country
Alex Tallchief Skibine
This article argues that the classification of “Indian” for the purposes of the ICCA and the Duro fix is not “racial” even if it includes non-enrolled people of Indian ancestry. Furthermore, this article discusses the Zepeda court and how it conflicts with the first prong of the Rogers test regarding what type of blood qualifies Indian blood.
10 Alb. Govt. L. Rev. 49 (2017)
Anishinaabe law and “The Round House”
Matthew L.M. Fletcher
This article discusses the rising Indian country violent crime and novelist Lousie Eldrich’s “The Round House” which addresses modern Anishinaabe violent crime where women are violently attacked, and the failure of the federal and tribal criminal justive system to resolve the crime. This article discusses traditional and modern Anishinaabe law, how the two merge, and the problems with contemporary law enforcement mechanisms in the light of jurisidctional issues and a cultural divide.
10 Alb. Govt. L. Rev. 88 (2017)
The Doctrine of Christian Discovery: Its Fundamental Importance in United States Indian Law and the Need for its Repudiation and Removal
Joseph J. Heath, Esq.
This article discusses the doctrine of Christian discovery and how it negatively affects the rights of the Indigenous nations’ land and treaty rights. Though it is difficulty to see how the US Courts or Congress will produce favorable results given the 8-1 Sherrill decision, the author urges the continuation of work with religious and academic communities to pressure the Vatican to rescind the Papal Bulls of the 15th century and to remove the doctrine completely.
10 Alb. Govt. L. Rev. 112 (2017)
Telling Stories in Council and Court: Developing a Reflective Tribal Governance
This article discusses the incorporation of traditional story telling into tribal government and legal systems and the dichotomy of tradtional and modern systems. The author argues this approach can be implemented by tribal governments and and legal deparments to stray away from the strict American model, and head towards a new model that incorporates tribal principles yet confroms to the requirements of the Americal legal system.
10 Alb. Govt. L. Rev. 157 (2017)