9 research outputs found

    Standard Clauses in State-Tribal Agreements: The Navajo Nation Experience

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    Means v. District Court of the Chinle Judicial District and the Hadane Doctrine in Navajo Criminal Law

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    This case note analyzes the Navajo Nation\u27s application of traditional law concepts in order to find criminal jurisdiction to prosecute a non-member Indian in Means v. District Court. The author examines this use in light of the Supreme Court\u27s decision in Duro v. Reina

    Indian Law and the Rhetoric of Race: Uses of Blood Quantum to Reorganization

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    This paper traces the development of the use of blood quantum in federal law and policy up to the critical transition of the Indian Reorganization Act of 1934. The decisions of the federal government to use or not use blood quantum as a method of classification demonstrate some of the inherent contradictions in federal Indian law. While the federal government possesses a trust relationship to a group of political communities, the law has infused the administration of that relationship with a racial system of classification. For the sake of bureaucratic and legal clarity, the federal government adapted a system previously used to define race to refine the population entitled to federal services and to define the parameters of the sovereignty of Indian tribes

    The Origins, Current Status, and Future Prospects of Blood Quantum as the Definition of Membership in The Navajo Nation

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    In this article, the author discusses the origin of the Navajo Nation\u27s blood requirement. Mr. Spruhan examines the intended purpose of the quarter-blood quantum definition and the role of the Bureau of Indian Affairs. He reviews the current status, regulation, and recent attempts to change the quarter-blood quantum requirement. He discusses the future of the quarter-blood quantum requirement with respect to the Navajo Nation Council\u27s 2002 resolution known as the Fundamental Laws of the Diné, a resolution mandating the application of traditional law, customary law, natural law, and common law to the Navajo Nation Government and its entities. In this regard, Mr. Spruhan inquires as to the impact the Fundamental Laws of the Diné will have on the quarter-blood quantum requirement and future membership requirements
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