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Indigenous Peoples: Law Review Articles

Leah Castella, Note, The United States border: a barrier to cultural survival, 5 Texas Forum on Civil Liberties & Civil Rights 191 (2000).
This note discusses the problems of some native tribes who live along the U.S.-Mexico border: the Yaqui, Tohono O’odham and the Texas Band of Kickapoo. The author urges the preservation of border communities and the recognition of native peoples’ border crossing rights along the U.S.-Canadian and U.S.-Mexican borders.

Richard Osburn, Note, Problems and solutions regarding indigenous peoples split by international borders, 24 American Indian Law Review 471 (1999-2000).
This note addresses problems faced by indigenous peoples along the U.S.-Canadian and U.S.-Mexican borders and by Alaskan natives with ties to both the U.S. and Russia. The author also discusses international law principles regarding the rights of indigenous peoples

Megan S. Austin, Note, A culture divided by the United States-Mexico border: the Tohono O’odham claim for border crossing rights, 8 Arizona Journal of  International & Comparative Law 97 (1991).
This note focuses on the Tohono O’odham Indians whose homeland, the Sonoran Desert, is bisected by the U.S.-Mexican border. It also analyzes the situations of other North American indigenous groups whose lands straddle the U.S.-Canadian border and the U.S.-Mexican border. A final section discusses international support for border crossing rights and the human rights of indigenous groups.

Sharon O’Brien, The medicine line: a border dividing tribal sovereignty, economies and families, 53 Fordham Law Review 315 (1984).
This article addresses the problem of indigenous peoples on the U.S.-Canadian border. Their rights under the Jay Treaty, the Treaty of Ghent, and twentieth century immigration legislation are discussed. Judicial decisions affecting border crossing rights are covered in some detail.

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Last revised: 6/12/02 

 

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