• Aboriginal Rights in Alaska

      Conn, Stephen (VWGO-Verlag, 1987-12)
      This paper describes the current state of aboriginal rights in Alaska and the impact of federal and state laws and policies on Alaska Native political and legal rights, tribal status, self-determination, and access to tribal lands. Topics covered include the legal determination of Alaska Native identity, the legal status of Alaska Native groups, Alaska Native land rights, sovereignty and self-government, subsistence, recognition of family and kinship structures, the criminal justice system in rural Alaska, customary versus formal legal process, and human rights and equality before the law.
    • The Aborigine in Comparative Law: Subnational Report on Alaska Natives

      Conn, Stephen (Justice Center, University of Alaska Anchorage, 1986-08)
      This paper describes the current state of aboriginal rights in Alaska and the impact of federal and state laws and policies on Alaska Native political and legal rights, tribal status, self-determination, and access to tribal lands. Topics covered include the legal determination of Alaska Native identity, the legal status of Alaska Native groups, Alaska Native land rights, sovereignty and self-government, subsistence, recognition of family and kinship structures, the criminal justice system in rural Alaska, customary versus formal legal process, and human rights and equality before the law.
    • Alaska Justice Forum ; Vol. 5, No. 3 (Fall 1988)

      Schafer, N. E.; Conn, Stephen; Bureau of Justice Statistics (Justice Center, University of Alaska Anchorage, 1988-09)
      The Fall 1988 issue of the Alaska Justice Forum reports the results of study of the Alaska Pretrial Intervention (PTI) of the Alaska Department of Law, which operated from 1983 to 1986. The PTI program was intended to provide an alternative to full prosecution in cases where the nature of the offense did not appear to warrant such prosecution; the study concludes that the program succeeded according to a number of factors. An article on the policy for Native self-determination in Alaska developed by Congress and the state has sought to replace a tribal model of governance with a body of legislation which confirms land rights without the direct political involvement of Alaska Native villages; however, the author argues, the absence of tribes as formal political structures has contributed to a loss of self-determination among Alaska Natives and to serious negative effects on Native village life. The Bureau of Justice Statistics reports on a national survey of criminal defense programs for the poor. September 1988 population figures for Alaska Department of Corrections facilities are presented.
    • Alaska Justice Forum ; Vol. 6, No. 1 (Spring 1989) 

      Parry, David L.; Bureau of Justice Statistics; Conn, Stephen (Justice Center, University of Alaska Anchorage, 1989-03)
      The Spring 1989 issue of the Alaska Justice Forum presents the second of two articles analyzing Alaska crime trends; Uniform Crime Reporting data and additional data compiled by the Alaska State Troopers are used to analyze 1963–1987 statewide trends for each of the seven criminal offenses included in the Federal Bureau of Investigation's crime index (arson is not included). The Bureau of Justice Statistics reports on federal and state correctional populations at yearend 1988, finding an increase of 7.4% over 1987 figures and a 90% increase from the 1980 prison population. In an exerpt from a longer paper on the problem of providing legal advice to Alaska Native villages, the author argues that villages may gain short-term control over problems such as alcohol and substance abuse through informal “demi-law” approaches, but ultimately they need to challenge the formal laws which block them from exerting local village authority.
    • Avoidance of the Federal Acknowledgment Process: Two Hundred New Petitioners Waiting at the Door

      Conn, Stephen (Justice Center, University of Alaska Anchorage, 1988-11)
      Two hundred plus Native villages in Alaska may join the legion of Indian groups in the long line before the gates of the federal acknowledgment process established by Congress to alleviate and rationalize selection of those groups deserving of acknowledgment as Indian tribes. Such a possibility might well seem absurd to those who have studied the pre-contact or modern lifestyle of Alaska Indians, Inuit, Yup'ik and Aleut. Their significant commitment to subsistence, their political autonomy in pursuit of a modern Native land claims settlement, and their continuing residence in rural and traditional settings has long been a matter of both academic and political record. Yet for all of this, recent court opinions by the Alaska Supreme Court and the Ninth Circuit Court of Appeals, as well as a flurry of federal district court decisions, have questioned whether Alaska Native villages were and are historical tribes and whether Congress had recognized them. The State of Alaska has taken a uniformly hostile position to the proposition that Alaska Native Villages are self-governing tribal entities. The author explores the historical reasons leading to this situation and calls for the legal and historical research critical to the survival of the legal identities of tribal communities and their land base.
    • From Land Rights to Sovereignty: Curious Parallels between Alaskan and Canadian Indigenous Peoples

      Conn, Stephen (Justice Center, University of Alaska Anchorage, 1989-11)
      Alaska Natives and Canadian aboriginal peoples have been late bloomers in securing land claims based on aboriginal title and its extinguishment. While the reasons for this delay relate to the discrete development of Indian policy in each country, both groups now find themselves seeking explicit governmental authority to regulate this domain. Despite the juridical premise that only those groups capable of controlling land have aboriginal claims to cede and/or extinguish, modern groups must secure federal confirmation of their sovereign powers. Barriers in each country are similar; so are the strategies employed.
    • The Future of the Village Corporation

      Havelock, John E. (Criminal Justice Center, University of Alaska Anchorage, 1975-12)
      There is an undercurrent of opinion in Alaska Native Claims Settlement Act (ANCSA) administration that the village corporation structure established under the Act is an anachronism, unsuitable to the needs of modern corporate enterprise and accordingly Alaska Native purposes. This line of criticism suggests that the regional corporate structure, also established under the Settlement Act, is sufficient to the needs of the Alaska Native people. Organizational issues in the Settlement Act are both politically and emotionally sensitive. As a result, discussion of this point of view has been muted. It is nonetheless important. The purpose of this paper is to search out the purposes of village corporation existence as a foundation to change or for a better understanding of the roles that are played by them. The Act serves as a written constitution for the Alaska Native people. It must be interpreted broadly to accomplish these fundamental purposes of the people and not as an instrument of a particular economic theory – which is, at least in part, alien to its heritage.
    • Moment of Truth: The Special Relationship of the Federal Government to Alaska Natives and Their Tribes — Update and Issue Analysis

      Conn, Stephen; Garber, Bart Kaloa; Haycox, Stephen (Justice Center, University of Alaska Anchorage, 1981-10-19)
      Beyond considering the present state of the statutory relationship between the federal government and Alaska Natives, this analysis focuses on the power of Congress and the Executive Branch to change the relationship. Absent congressional acts which mandate some level of federal responsibility to Natives, the Executive Branch possesses an independent power over Native affairs which can be exercised to expand, reduce, or deny a special relationship as an enforceable federal obligation. Includes an appendix by Stephen Haycox, "Historical Aspects of the Federal Obligation to Alaska Natives."
    • Retribalization as a Strategy for Achievement of Group and Individual Social Security in Alaska Native Villages — with a Special Focus on Subsistence [paper]

      Conn, Stephen; Langdon, Steve J. (Justice Center, University of Alaska Anchorage, 1986-06-02)
      Alaska Native groups have adopted a strategy of seeking general welfare, including social security, through retribalization — a term of dual meaning discussed in this paper. The paper aims to describe the historical developments leading to the adoption of this strategy, explain its nature and the various forms which it takes, and assess its potential for the achievement of the general welfare of Alaska Natives.
    • Selective Return of Criminal Law Activity to Alaska Native Villages: Neocolonialism or Revitalization of Tribal Sovereignty?

      Conn, Stephen (Justice Center, University of Alaska Anchorage, 1990-03)
      As Alaska struggles with criminal justice delivery to Alaska Native villages, many experiments have been undertaken or postulated which would reinvigorate criminal law activity in these rural places. Initial enthusiasm for alleviation of burdens on the formal system has been replaced with a state concern that village activity will be viewed as tribal activity. The author isolates areas where the needs of the state and villages can be met without feeding the flames of the conflict between state sovereignty and village tribal sovereignty.
    • Smooth the Dying Pillow: Alaska Natives and Their Destruction [chapter]

      Conn, Stephen (VWGÖ-Verlag, 1990)
      The policy for Native self-determination in Alaska developed by the Congress and the state has sought to replace a tribal model of governance with a body of legislation which confirms land rights without the direct political involvement of Alaska Native villages. However, the author argues, the absence of tribes as formal political structures has contributed to a loss of self-determination among Alaska Natives and to serious negative effects on Native village life.
    • Smooth the Dying Pillow: Alaska Natives and Their Destruction [original paper]

      Conn, Stephen (Justice Center, University of Alaska Anchorage, 1988-07)
      The policy for Native self-determination in Alaska developed by the Congress and the state has sought to replace a tribal model of governance with a body of legislation which confirms land rights without the direct political involvement of Alaska Native villages. However, the author argues, the absence of tribes as formal political structures has contributed to a loss of self-determination among Alaska Natives and to serious negative effects on Native village life.
    • Why Canadian Indian Law Is Important to Alaskans, Why Indian Law in Alaska Is Important to Canada

      Conn, Stephen (Justice Center, University of Alaska Anchorage, 1990-04)
      Federal policy governing indigenous peoples in Canada has been marked by repeated glances south and west (at Alaska) as it has been formed through parliamentary edict, case law and Constitutional entrenchment. Although rooted in a common Crown policy, the discrete history of Canadian policy has diverged from American practice even as the country's historical and its political development have diverged. Unlike United States policy, the underpinnings of Canadian Indian law as it related to aboriginal title land rights and the limits and potential of tribal sovereignty are only now coming into focus. This belated articulation of Indian rights parallels similar developments in Alaska where land rights and tribal rights are only now being defined. In both Alaska and Canada, hunting and fishing rights and tribal governance are political and legal matters whose impact on resource development and control by provinces and states make neat application of older Indian law concepts less predictable. Cases in either place offer guidance to federal courts in either country within a modern debate over public land rights. The author suggests that attorneys in each place monitor case law and legislation only now emerging.