Matching Items (2)
Description
Advancements in marine and aerospace technology drive legal reform in admiralty and air law. The increased accessibility and affordability of these technologies demand and motivate lawmakers and federal agencies to anticipate potential threats to peoples’ rights and resources in the seas and skies. Given the recent applications of unmanned aircraft in the public and private sectors, developments in aircraft and air law are rapidly becoming more relevant to American Indian and Alaska Native tribes. In anticipation of legal reform, tribal nations are taking steps to assert, expand, and secure their air rights before agencies or the courts attempt to divest their sovereign authority. An analysis of two case studies through a lens of water and federal Indian law locates spaces in American jurisprudence that have the legal foundation and structural capacity to support a greater presence of Indigeneity in airspace. Research findings from these studies answer the following inquiries about tribal airspace sovereignty: where does Indigeneity reside in the US national airspace system and domestic air law, how are tribal air rights strengthened or weakened by American jurisprudence, what strategies do tribes employ to exercise their sovereignty in airspace, and how are tribes planning for future developments in aircraft and air law? Answers lead to proof of how meaningful consultation through collaborative rulemaking produces far greater mutual benefits than burdens for federal agencies and tribes, and much more. Most importantly, these discoveries celebrate a diverse and accumulative strategic legacy of strengthening and expanding tribal sovereignty in the face of imminent threats and possibilities in tribal airspace.
ContributorsKnight, Shelly Lynn (Author) / Vicenti Carpio, Myla (Thesis advisor) / Martinez, David (Committee member) / Riding In, James (Committee member) / Arizona State University (Publisher)
Created2019
Description
In Indian Country, the investigation and prosecution of sexual assault crimes have been described as arduous task. More so, determining whether the federal, state, or tribal government has criminal jurisdiction is perplexing. The various U.S. Supreme Court decisions and Federal Indian policies that influence tribal sovereignty restrict tribal government's authority over violent crimes that occur on tribal lands. In my thesis, I discuss U.S. Supreme Court decisions and federal Indian policies create a framework for colonial management and federal paternalism in Indian Country, which restrict tribal sovereignty and sentencing authority in criminal cases that occur on tribal lands and against their citizens. I introduce the Indigenous Woman's Justice Paradigm as a conceptual framework for Indian nations to develop an alternate system for responding to sexual assault crimes on tribal lands. The purpose of my research is to promote the cultural renewal of Indigenous justice practices to develop sexual assault jurisprudence or reform tribal rape law that are victim-centered and community controlled.
ContributorsFulton, Madison Eve (Author) / Vicenti Carpio, Myla (Thesis advisor) / Marley, Tennille (Committee member) / Killsback, Leo (Committee member) / Arizona State University (Publisher)
Created2015