2622 research outputs found
Sort by
PREVIEW—Asarco LLC v. Atlantic Richfield Company: Allocation of Remediation Costs under CERCLA
Full text linkThe Ninth Circuit Court of Appeals originally scheduled oral arguments in this matter for Tuesday, March 31, 2020, at 9:00 a.m. in the William K. Nakamura Courthouse in Seattle, Washington. Due to the COVID-19 pandemic, the Ninth Circuit has postponed oral arguments in this matter. While still subject to change due to the pandemic, the court has rescheduled oral arguments for April 27, 2020, at 9:00 a.m. in Courtroom 2 of the William K. Nakamura Courthouse in Seattle, Washington. Shannon Wells Stevenson will likely appear on behalf of the Appellant. Gregory Evans will likely appear on behalf of the Appellee
Solenex LLC v. Jewell
Full text linkIn Solenex LLC v. Jewell, the Secretary of the Interior cancelled a highly contentious oil and gas lease in Montana’s Badger-Two Medicine area, an environmentally sensitive and culturally significant area to the Blackfeet Tribe, nearly thirty years after the lease had been issued. Solenex, a Louisiana based oil and gas company and holder of the lease, brought this action to enjoin the cancellation. The District Court for the District of Columbia agreed with Solenex and found that the Secretary’s decision took an unreasonable amount of time and violated good-faith contractual obligations. On these grounds, the court found the Secretary’s decision arbitrary and capricious and reinstated the lease
Native American Cultural Dissonance & Dark Heritage Solutions
Full text linkThis paper argues that public institutions have an obligation to consider the weight of their responsibility to educate and inform the public about all forms of American history and heritage. Moreover, public institutions should embrace controversy, engage discourse and proactively work on exhibiting balanced representations by re-working or removing antiquated and false narratives surrounding Native American history. In this paper, I proffer solutions from case studies, examples, models, and my own perspective as a Native American tribal member, as to what public institutions and curators can do in the future to deal with cultural dissonance and creating awareness of (Native) American heritage and history.
The goal of this paper is to present solutions specifically focused on public institutions addressing the dark heritage of the United States while struggling with cultural dissonance when dealing with Native American Tribes.[1] For the purposes of this paper, “cultural dissonance” is referring to a cognitive phenomenon related to an uncomfortable sense of discord, disharmony, confusion or conflict experienced by people in the midst of a change in their cultural environment. These changes are often unexpected, unexplained or not understandable due to various types of cultural dynamics. Cultural dissonance often results from challenging long-held beliefs about a fact or subject. The term “dark heritage” is related to tourism that displays or represents a tragedy, atrocity, crime, death or human suffering. For this paper, this specifically encompasses exhibits, sites, and monuments that remind us of negative events of the past. Finally, “public institutions” include museums, historic sites, and statues. The hope is that the analysis in this paper will assist curators and the public in recognizing that they are not divorced from this issue; and encourage the reader to consider and challenge narratives they’ve been presented their entire lives. Hopefully, public institutions will bring Native People into the folds of American society by representing light and dark Native American heritage equally. Awareness and historical education can help society progress and begin questioning public policies regarding segregation, teachings of inferiority, and inhumane treatment of minorities
Tribal Data Governance and Informational Privacy: Constructing Indigenous Data Sovereignty
Full text linkThis essay discusses tribal claims to data sovereignty and informational privacy, examining the nature of the respective claims, as well as how tribal governments can exercise effective authority over the collection and use of data about the community and its members. Part I of the essay explores the issue of data sovereignty comparatively, framing the concept within its global and national contexts, and then discussing the rights of tribal governments and other Indigenous peoples. Part II of the essay examines the various claims that are comprised within the movement toward Indigenous data sovereignty, as well as the current context of data governance by tribal governments. Part III of the essay discusses three substantive areas of research that test out the reach of these principles. The essay concludes with recommendations for actions that tribal governments can take to enhance their ability to exercise governance authority over their data
Virginia Uranium, Inc. v. Warren
Full text linkThe Supreme Court of the United States recently ruled that the Atomic Energy Act did not preempt a Virginia law prohibiting uranium mining in the Commonwealth. The Court held that although the Act delegated substantial power over the nuclear life cycle to the Nuclear Regulatory Commission, it offered no indication that Congress sought to strip states of their traditional power to regulate mining on private lands within their borders
