Spring 2006 - Aboriginal Occupiers of the Soil

Featured

Civil Rights & Constitution

Protecting the Sacred

by Courtney Ann Coyle

Cultural rights are widely recognized as human rights. Yet, the extent to which human rights law may be considered by investment tribunals remains mostly the subject of academic debate. This dispute may well bring such issues to center stage.

Civil Rights & Constitution

A Brief History of the U.S.-American Indian Nations Relationship

by Richard B. Collins

From European colonization to American rule to an Indian Renaissance and tribal self-determination, Indian history is a storied one. Indian nations are now major players on the national political scene.

Civil Rights & Constitution

Cobell v. Norton: Redressing a Century of Malfeasance

by Keith Harper

The 1887 General Allotment Act divided tribal lands into small parcels for individual Indians. The United States is trustee of these lands. In 1996, a class action lawsuit was filed against the secretary of the Interior for a breach of trust. The plaintiffs’ side is told here.

Civil Rights & Constitution

Separating Fact from Fiction: The Department of the Interior and the Cobell Litigation

by Ross O. Swimmer

In response to the plaintiffs’ claims in the long-running and highly emotional Cobell v. Norton Indian trust litigation, the U.S. Interior maintains that claims are false and its responsibility to Indian trust beneficiaries is misunderstood.

Civil Rights & Constitution

The Rise of Tribal Self-Determination and Economic Development

by Jeff R. Keohane

In the 1970s a focus on political oppression and poverty in tribal areas led to self-determination (self-governance) replacing antitribal policies. Native Americans have seen unprecented economic growth, but many obstacles remain.

Environment

Environmental Hazards and Jurisdiction on Tribal Lands

by Theodore J. Griswold

Environmental problems can become complicated on Indian lands when jurisdictional lines are blurred by inholdings—lands owned by outsiders. Cross-jurisdictional coordination could resolve these issues for all residents.

Civil Rights & Constitution

Tribes and Self-Determination in Alaska

by David Case and Dalee Sambo Dorough

The Alaska Native Claims Settlement Act of 1971 ignored the existence of Alaskan Native tribes and Law of Nations principles that recognized the right to self-determination of indigenous peoples. The United States has yet to right the wrongs of the act.

Civil Rights & Constitution

Ever Loyal to the Land: The Story of the Native Hawaiian People

by Melody Kapilialoha MacKenzie

In 1993, the United States acknowledged its overthrow of the Kingdom of Hawaii. Native Hawaiians have valid claims for the loss of their lands and suppression of their inherent sovereignty as a people. The U.S. government has not provided a forum to hear and resolve these claims.

Civil Rights & Constitution

Protecting and Preserving Indigenous Communities in the Americas

By F. Michael Willis and Timothy Seward

The lands of cultural, sacred, and economic importance to indigenous peoples are sought for commercial use by global enterprises, often with¬out permission from or benefit to the communities. Laws to protect these lands are often unenforced.

Civil Rights & Constitution

The Highest Possible Health Status for Indians

by H. Sally Smith

Congress has yet to reauthorize the Indian Health Care Improvement Act and its proposed amendments to strengthen the program, maintain and repair deteriorated Indian health facilities, and address the changing needs of Indian populations in the United States.

Civil Rights & Constitution

Human Rights Hero: John Echohawk

by Nicholas Targ

John Echohawk, founder and executive director of the Native American Rights Fund, has made his life’s work addressing the unmet legal needs of American Indian nations and Alaska Native tribes.

Renew Your ABA Membership

Spring 2006 - Aboriginal Occupiers of the Soil

Featured

Protecting the Sacred

A Brief History of the U.S.-American Indian Nations Relationship

Cobell v. Norton: Redressing a Century of Malfeasance

Separating Fact from Fiction: The Department of the Interior and the Cobell Litigation

The Rise of Tribal Self-Determination and Economic Development

Environmental Hazards and Jurisdiction on Tribal Lands

Tribes and Self-Determination in Alaska

Ever Loyal to the Land: The Story of the Native Hawaiian People

Protecting and Preserving Indigenous Communities in the Americas

The Highest Possible Health Status for Indians

Human Rights Hero: John Echohawk

ABA Resources

The ABA

Connect

Renew Your ABA Membership

American Bar Association TM American Bar Association

Spring 2006 - Aboriginal Occupiers of the Soil

Featured

Protecting the Sacred

A Brief History of the U.S.-American Indian Nations Relationship

Cobell v. Norton: Redressing a Century of Malfeasance

Separating Fact from Fiction: The Department of the Interior and the Cobell Litigation

The Rise of Tribal Self-Determination and Economic Development

Environmental Hazards and Jurisdiction on Tribal Lands

Tribes and Self-Determination in Alaska

Ever Loyal to the Land: The Story of the Native Hawaiian People

Protecting and Preserving Indigenous Communities in the Americas

The Highest Possible Health Status for Indians

Human Rights Hero: John Echohawk

ABA Resources

The ABA

Connect