6163 research outputs found
Sort by
State Reporting Requirements for Involuntary Holds, Court Ordered Guardianship and the U.S. Firearm National Background Check System
No full textNative American Intellectual Property Protection: Altering Federal IP Law and the Indian Arts and Crafts Act to Aid Tribal Economic Development
Get PDFNative Americans tribes remain subject to an epidemic of poverty. Although tribal gaming has provided relief and a method of economic development for some groups, other tribes are unable to employ gaming to bring in revenue and grow out of poverty. One method to assist tribes that cannot use tribal gaming could be amending federal intellectual property law to better suit tribes needs and allowing them to better exploit the billion-dollar Native American arts and crafts industry.
Moreover, tribes are able to determine which artists qualify as “Indian” under the Indian Arts and Crafts Act, which leaves individual artists subject to inequitable tribal membership requirements and thus unable to sell “Indian-made” creations, despite being a Native American descendent. Allowing the Indian Arts and Crafts Board to receive applications and evidence to certify an artist’s status as an “Indian artisan” provides the necessary protections to prevent counterfeit goods from entering the market while allowing Native American descendants to identify their goods as “Indian-made.
Oil, Indifference, and Displacement: An Indigenous Community Submerged and Tribal Relocation in the 21st Century
Get PDFCoastal land loss driven by erosion and subsidence, and amplified by climate change, has forced the abandonment and resettlement of the remote Louisiana Indigenous community of Isle de Jean Charles. This relocation, to a relatively ‘safer’ site inland has led to division among the residents and will inevitably cause irreparable damage to the culture and traditions of the Houma and Biloxi Chitimacha Confederation of Muskogees peoples who called this small, isolated island home. Driven to the water’s edge by European colonization of south Louisiana, this community developed a dynamic subsistence lifestyle based on agriculture, hunting, and fishing which survived undisturbed until the discovery of oil in the swamps of south Louisiana in the early twentieth century. Since that time, destruction of the delicate ecosystem by oil exploitation and channelization of the Mississippi River led to persistent and continuous land loss. This article explores the historic settlement of the Isle de Jean Charles, the struggles of this Indigenous community in gaining recognition, and the ultimate abandonment of the Isle de Jean Charles to the natural erosive effects of the Gulf of Mexico when the U.S. Army Corps of Engineers determined protection of the community was not warranted by their cost-benefit analysis. As a result of this series of events, the State of Louisiana obtained federal funding to relocate the community, but additional protections must be ensured to protect the cultures and traditions of this relocated Indigenous community so their Tribal heritage, unlike their land, is not consumed by the open waters
Student Life E-Newsletter October 30, 2023
Get PDFhttps://digitalcommons.law.seattleu.edu/studentlife/1140/thumbnail.jp
America’s Hidden Citizens: The Untold Stories of the Unconscionable Deportations of Its International Adoptees
Get PDFThis Note addresses how the U.S. should rectify the harms it has perpetrated on non-citizen adoptees by amending the current deportation statutes to prevent their deportation. Part I addresses the history of adoption in the U.S. and related effects on immigration law. Part II highlights the stories of Adam Crapser and Philip Clay, who were adopted by American families who failed to naturalize them as minors, and who were subsequently deported after they sustained criminal records. Part III examines the policy goals behind deportation as a consequence of criminal convictions, as well as remedies instituted to prevent unwarranted deportation and why those remedies have failed non-citizen adoptees.
Finally, Part IV proposes that because it is unlikely there are any other remedies available to adoptees as discussed in Part III, Congress must amend the Immigration and Naturalization Act itself to expressly except adoptees without citizenship from being deported as a penalty incident to a criminal conviction as well as provide a pathway back for those who have already been deported. This Note concludes with the acknowledgment that adoptees who have already been deported are still suffering the unbearable effects of an unjust decision and have no current legal pathway back to the U.S. In spite of the discriminatory line Congress has drawn in granting automatic citizenship to only some adoptees, Congress must compensate for this failure by protecting those adoptees who are still vulnerable to deportation and bring adoptees who have already been deported back to the U.S
Eliminating Cash Bail in Washington State—Amending Criminal Rule 3.2
Get PDFThis Note discusses the following three parts. Part I provides an overview of the cash bail system, its history, and its contemporary use in Washington state. Part II presents the effects of bail on pretrial release, analyzing low-income and racial inequalities and the adverse impacts it can have on the accused. Part III focuses on solutions and alternatives to the cash bail system, using other states as case studies