The Aborigine in Comparative Law: Subnational Report on Alaska Natives

The Aborigine in Comparative Law: Subnational Report on Alaska Natives

Conn, Stephen

Date: 1986-08

Publisher: Justice Center, University of Alaska Anchorage

Subject: Alaska National Interest Lands Conservation Act (ANILCA) ; Alaska Native Claims Settlement Act (ANCSA) ; Alaska Native lands ; Alaska Natives ; bush justice ; Indian Child Welfare Act (ICWA) ; legal anthropology ; rural justice ; sovereignty ; subsistence ; traditional law ways ; tribal government

Type: Working Paper

Table of Contents: 1. Factual Background / 2. Legal Identity and Membership / 3. Legal Status of Native Groups / 4. Land Rights/Self-Government/Use of Natural Resources (B. Local or Regional Governments; C. Control of or Participation in Decisions Concerning Natural Resources) / 5. Recognition of Family/Kinship Structures (Impact on customary law) / 6. Criminal Justice and Procedure: Impact of the Criminal Justice System (Procedure and Customary Conflicts) / 7. Special Legal Institutions (A. Local Methods of Dispute Resolution; B. and C. Distribution of Funds, Benefits and Services, and Political Representation — Other Institutions) / 8. Human Rights and Equality Before the Law Foototes / Bibliography

Abstract:

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.

Description:

A slightly revised version of this paper was published as: Conn, Stephen. (1987). "Aboriginal Rights in Alaska." Law & Anthropology: Internationales Jahrbuch für Rechtsanthropologie [International Yearbook for Legal Anthropology] 2: 73–91. Special issue on "The Aborigine in Comparative Law." Vienna, Austria: VWGO-Verlag. (http://hdl.handle.net/11122/9785).

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