Papers by Kenneth Bobroff
Tribal Law Journal, 2004
II. Introduction III. A Note on Language and Terminology IV. Navajo Common Law Project V. Diné Bi... more II. Introduction III. A Note on Language and Terminology IV. Navajo Common Law Project V. Diné Bi Beehaz'áanii Bitsé Siléí-The Foundation of the Diné, Diné Law, and Diné Government a. Diné Bi Beenahaz'áanii b. Diyin Bits'áádéé37 Beehaz'áanii-Diné Traditional Law c. Diyin Diné e Bitsaadee Beehaz'aanii-Diné Customary Law d. Nahasdzáán dóó Yádilhil Bits'áádéé' Beehaz'áanii-Diné Natural Law e. Diyin Nohookaáá Diné Beehaz'áanii-Diné Common Law VI. Commentary on the Incorporation of Consuetudinary Law into the Navajo Code I.
… Nexis Matthew Bender, 2005
Warm thanks to my colleagues Christian Fritz and Emlen S. Hall. 1. This Article uses the terms "I... more Warm thanks to my colleagues Christian Fritz and Emlen S. Hall. 1. This Article uses the terms "Indian," "native," "Native American," and "indigenous" to refer to the indigenous peoples who have occupied the land that is now the United States since before European and United States colonization. My recent experience is that both "Indian" and "Native American" are widely used by native people themselves, with the former more common the closer one is to Indian Country and the latter more widespread in non-Indian institutions. Specific tribal names are preferred when appropriate and sufficient The term "Native" (both capitalized and not) is increasingly used among native activists and intellectuals. 2. 21 U.S. 543 (1823). 3. Real property in Hawaii and lands in the southwestern United States acquired from Mexico do not trace title directly back to Johnson v. M'Intosh. On Hawaiian land titles, see
The fundamental laws of the Dine were placed by the Holy People long before Spaniards arrived in ... more The fundamental laws of the Dine were placed by the Holy People long before Spaniards arrived in the New World. On November 1, 2002, the Navajo Nation Council acknowledged the survival of the fundamental laws of the Dine, recognizing four specific constituent elements - traditional law, customary law, natural law, and common law - and explaining the principles of each. This action by the legislature followed more than two decades of conscious efforts by the Navajo Nation judiciary to apply Navajo common law in written legal opinions and to incorporate traditional Navajo dispute resolution into the judicial system. This paper examines the Council's efforts to incorporate consuetudinary law in its written statutes in English. The paper was written for a seminar at the University of Extremadura, Spain and the term consuetudinary, which means customary or unwritten law, was chosen because of its Spanish legal cognate. The paper is primarily descriptive, attempting to provide an unde...
Vanderbilt Law Review, 2001
The division of Native American reservations into individually owned parcels was an unquestionabl... more The division of Native American reservations into individually owned parcels was an unquestionable disaster. Authorized by the General Allotment Act of 1887, allotment cost Indians two-thirds of their land and left much of the remainder effectively useless as it passed to successive generations of owners. The conventional understanding, shared by scholars, judges, policymakers, and activists alike, has been that allotment failed because it imposed individual ownership on people who had never known private property. Before allotment, so this story goes, Indians had always owned their land in common. Because Indians had no conception of private property, they were unable to adjust to the culture of private land rights and were easy targets for non-Indians anxious to acquire their land. Professor Bobroff argues that this story is wrong. Attempting to draw on often ignored Indian voices and considering anthropological and historical accounts, he reviews evidence that before allotment an...
Tulsa Law Review, 2001
This Native American Symposia Articles is brought to you for free and open access by TU Law Digit... more This Native American Symposia Articles is brought to you for free and open access by TU Law Digital Commons. It has been accepted for inclusion in Tulsa Law Review by an authorized editor of TU Law Digital Commons. For more information, please contact [email protected]. Recommended Citation Kenneth H. Bobroff, Indian Law in Property: Johnson v. M'Intosh and Beyond, 37 Tulsa L. Rev. 521 (2013).
Vanderbilt Law Review, May 1, 2001
... quian ownership of certain parcels of land within the colony and setting aside 50 acres for e... more ... quian ownership of certain parcels of land within the colony and setting aside 50 acres for each "bowman" in the ... Serres, TheAlegbra of Literature: The Wolfs Game, reprinted in TEXTUAL STRATEGIES: PERSPECTIVES IN POST-STRUCTURALIST CRITICISM (Josue V. Havari ...
Revista De La Facultad De Derecho De La Universidad De Granada, 2002
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Papers by Kenneth Bobroff