http://hdl.handle.net/10150/667989 Tue, 19 May 2026 04:24:39 GMT 2026-05-19T04:24:39Z http://hdl.handle.net/10150/675257 Aiding Employment and the Environment on Tribal Lands: An Analysis of Hiring Preferences and Their Use in the Mining Industry Webber, Christian This Note analyzes hiring preferences on tribal lands in the mining industry within the United States and particularly in the State of Arizona, which has a relatively high number of both mines and federally recognized tribes. Arizona has its own robust history and case law on hiring preferences in the mining industry for tribal members. This Note asserts the efficacy of hiring preferences in increasing employment and improving economies on tribal lands and explains how hiring preferences can be of use moving forward. To establish context, this Note introduces the history of tribal relations regarding land with the federal government, covers the history and current state of mining on tribal lands, and analyzes how hiring preferences are set in a lease or tribal government document. Then, the constitutionality of hiring preferences (particularly regarding the Civil Rights Act of 1964) is addressed, along with how tribal constitutions and enactments alike interpret and apply such hiring preferences. This Note also looks at hiring preferences thus far from statistical and economic perspectives. Finally, this Note predicts how hiring preferences might benefit tribes moving forward, particularly with expanding sustainable development and renewable energy. Sat, 01 Jan 2022 00:00:00 GMT http://hdl.handle.net/10150/675257 2022-01-01T00:00:00Z http://hdl.handle.net/10150/675255 Saltwater Ecology and Economics on the Half-Shell: Comparing Georgia’s New Oyster Law to Its Southeastern Neighbors Revell, Hunt Georgia oysters have both a historic pedigree and a bright future. The salt marsh ecosystem Georgia's wild oysters inhabit and the booming market awaiting Georgia's farmed oysters each stand to benefit from the State's 2019-2020 oyster law andr egulations. This new legalframeworkprovidesfo r leasinga ndp ermitting offloating cages in public trust waters, and the potential for sustainable ecological and economic growth for coastal resiliency. These developments should allow Georgia to enter the national and international market for farmed oysters, alongside neighboring states and others on the Eastern Seaboard, Gulf Coast, and Pacific Northwest. By analyzing the history and structure of the new law, this article provides an in-depth analysis of how Georgia might establish its oyster farming industry, with an eye toward the benefits of protecting, preserving, and restoring the wild natural oyster resource. By comparing Georgia's approach to that of its "core corner four" neighbors South Carolina, North Carolina, Florida, and Alabama this article outlines the considerations and context used by other states developing oyster "mariculture" programs. By identifying the potential for the Georgia oyster farming industry to not only serve a growing market but also to strengthen coastal resiliency, this article also highlights the ecological benefits of oysters and the State's Coastal Marshlands Protection Act. Last, the article provides an Appendix with a short legal memorandum analyzing constitutional law issues related to residency requirements and contains several tables comparing state mariculture programs. Sat, 01 Jan 2022 00:00:00 GMT http://hdl.handle.net/10150/675255 2022-01-01T00:00:00Z http://hdl.handle.net/10150/675256 Sovereigns of No Territory: Alaska Natives, Ancsa, and Tribal Self-Determination Stewart, Haley This Note examines Alaska Native systems of private land ownership as imposed through the Alaska Native Claims Settlement Act (ANCSA) and evaluates existing and potential alternatives in the interest of self-determination, sovereignty, and land ownership. ANCSA was passed in 1971 to resolve conflicts over the land in Alaska, and it established a system of tribal corporations which is distinct from the federally recognized tribes in the contiguous United States. With few exceptions, Alaska Native tribes do not hold their lands in trust and tribal land in Alaska is not considered “Indian Country.” This distinction from the tribes in the contiguous United States carries administrative, jurisdictional, and environmental consequences. Alaska Native tribal governments are without territorial reach and are severely limited in their authority. Alaska Native villages face additional challenges with regards to subsistence living and environmental considerations due to the extinguishment of native claims through ANCSA. This Note explores aspects of self-determination both retained by and denied to Alaska Native tribes and analyzes the conflicted legacy of ANCSA 50 years after its enactment. Sat, 01 Jan 2022 00:00:00 GMT http://hdl.handle.net/10150/675256 2022-01-01T00:00:00Z http://hdl.handle.net/10150/675253 Indigenous Shared Governance, International Law, Mixed Use, and Preserving Rainforest During the Covid-19 Pandemic Sulkowski, Adam J. This article takes a transdisciplinary approach to examining a range of issues related to the topic of Indigenous shared governance. It examines concepts such as free prior informed consent and the role of international law in affecting local reality in the context of a specific illustrative example in South America in the Amazon biome: the Iwokrama Forest and its communities in Guyana. The role of international law in preserving biodiversity, climate, and rainforests is considered as well. The article also considers legal, ethical, and scientific perspectives on issues related to mixed uses of rainforests. These include shared stewardship of natural resources, ecotourism, the means of funding scientific research and use of rainforests for science, reduced impact logging and green commerce certifications, and whether benefits of a mixed-use approach to natural resources are shared with Indigenous people. Finally, the article describes the impacts of the COVID-19 pandemic and considers options for responding to the additional stresses of the pandemic, which include exacerbation of illegal mining and logging in protected areas. Besides describing difficult decisions and trade-offs that arise in reality and generalizable take-away observations, the reflections and opinions of local Indigenous representatives are included, and directions for future research are suggested. Sat, 01 Jan 2022 00:00:00 GMT http://hdl.handle.net/10150/675253 2022-01-01T00:00:00Z