Notwithstanding that Critical Race Theory (CRT) is currently in its second decade of existence, it is not and has never been something extraordinary--insofar as racism is something that has always been with us. Rather, CRT is a bona fide and avant-garde movement that leads to praxis--explicitly and courageously speaking to the injustices that…

This is an essay about Indian claims for the return of historically stolen lands, written from the perspective of a "Western" academic moral philosopher. I want to try to outline points of agreement and disagreement between Indian and Western moral conceptions and to seek common ground on which land claims can be more clearly evaluated…

Examines the Sioux Nation Black Hills Act (1987) as a proposed settlement of the Black Hills claim by the Sioux. Examines bill in terms of American legal history. Suggests the legislation would create legal confusion, conflict, and racial tension. Criticizes bill as harming regional resource management efforts. (TES)

A review of cases involving higher education property matters shows that many are concerned with building construction, equipment installation, or repair contracts. A number of other cases involve routine conflicts between colleges or universities and other governmental entities over matters such as requests for special exceptions to zoning…

The history and impact of this federal legislation are summarized. Controversy over the future impact of this legislation is discussed. (CW)

An alternative to the traditional land reform movement in the United States and the recent land use reform movement would result in a merging of social control with local control over land. Traditional land reformers perceive that land is a private commodity subject to fee-simple ownership and near absolute control over its use and disposition.…

Reactions to the retirement of Justice Sandra Day O'Connor and debate over the president's replacement nomination, Judge John Roberts, Jr., of the D.C. Circuit, dominated this summer's Supreme Court recess. Subsequently, after Chief Justice William H. Rehnquist's death on September 3, 2005, President Bush nominated Roberts for the chief justice…

The rapid decline in the number of farms operated by blacks in the United States, and the consequences of this decline on the conditions of black farmers are the focus of this report. Chapter 1 compares the rate of agricultural land loss from 1900 to 1978 among blacks and whites. Chapter 2 outlines historical conditions, such as racism, lack of…

A number of cases related to property issues involving institutions of higher education are examined in this chapter. Cases discussed touch on such topics as funding for property and equipment acquisition; opposition to building construction or demolition; zoning issues; building construction and equipment contracts; and lease agreements. Current…

Discusses the legal history of ownership claim to Black Hills land in South Dakota by Lakota Sioux Indians and federal government. Examines progress of the Sioux Nation Black Hills Act (1987) as a way to establish a Sioux National Council, a vibrant legal panel linking the Lakota with their past. (TES)

Several court cases involving acquisition, use, and disposal of property by institutions of higher education are briefly summarized in this chapter. Cases discussed touch on such topics as municipal annexation of university property; repurchase of properties temporarily allocated to faculty members; implications of zoning laws and zoning board…

Examined is the legal validity of recent New York legislation--the Trust for Cultural Resources legislation--that will aid the Museum of Modern Art (MOMA) in New York City without depleting the public treasury. Focus is on its tax exemption features, condemnation provision, and constitutional questions raised by its connections with MOMA. (JMD)

Using Belize, Central America, as an example, this paper illustrates some of the changing patterns of cultural imperialism that can presently be viewed in the emerging nations of the world. Cultural imperialism is defined as the process whereby the culture of a weaker nation is dominated by that of a stronger nation. In September 1981, Belize,…

Discusses Sioux claim to the Black Hills of South Dakota from the Sioux perspective. Land claim discussed not as legal or political issue, but as a problem deeper than simple land transaction. Examines history and federal land acquisition as violation of Indian culture. Discusses possible future strategies in dealing with government. (TES)

Although 1887-1930 is characterized as the period of assimilation, American Indian policy during that time included coercion to acquire tribal land and natural resources. This policy is illustrated by the experience of the Gros Ventres and Assiniboines of Fort Belknap Reservation who lost control of timber, minerals, and water rights. (JHZ)