State Enforcement of Alaska Native Tribal Law: The Congressional Mandate of the Alaska National Interest Lands Conservation Act
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8937.01.conn-garber.1989.state ...
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conference paper
Keyword
Alaska Native Claims Settlement Act (ANCSA)Alaska National Interest Lands Conservation Act (ANILCA)
Alaska Natives
bush justice
customary law
Indian law
natural resources
rural justice
subsistence
traditional law ways
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JC 8937Abstract
Law journals, newspapers, and the courts all document Native unrest and dissatisfaction with state management of Native subsistence lifestyles. It is the thesis of this paper that the Alaska National Interest Lands Conservation Act (ANILCA) requires the state to discover and incorporate community-derived tribal law — customs and traditions regarding the taking and gathering of wild, renewable resources — as the applicable minimum federal standard to the extent that conservation of the resource permits.Description
This paper, as revised, was published as: Conn, Stephen; & Garber, Bart Kaloa. (1990). "State Enforcement of Alaska Native Tribal Law: The Congressional Mandate of the Alaska National Interest Lands Conservation Act." 1989 Harvard Indian Law Symposium, pp. 99–133. Cambridge, MA: Harvard Law School Publications Center.Table of Contents
I. Introduction / II. Indian Hunting and Fishing Rights / III. Alaska Native Hunting and Fishing Rights / IV. ANILCA Compared With Off-Reservation Indian Hunting and Fishing Rights / V. How Are Customary and Traditional Subsistence Practices Guided By Tribal Law?Date
1989-10-27Publisher
Justice Center, University of Alaska AnchorageType
Working PaperCitation
Conn, Stephen; & Garber, Bart Kaloa. (1989). "State Enforcement of Alaska Native Tribal Law: The Congressional Mandate of the Alaska National Interest Lands Conservation Act." Paper presented at the Harvard Indian Law Symposium, Harvard Law School, Cambridge, MA, 27 Oct 1989.Collections
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