"It Doesn't Seem Very Fair, Because We Were Here First": Resolving The Sioux Nation Black Hills Land Dispute and the Potential for Restorative Justice to Facilitate Government-to-Government Negotiations

Authors

Rita Lenane, Benjamin N. Cardozo School of Law

Abstract

Part II of this Note outlines the historical background of the Black Hills land claim. Part III describes the legal avenues taken by the Sioux in the past and those currently open to them, examining the different ways that Native Americans can pursue land claims and the potential each branch of government has to resolve the conflict. Part IV discusses President Barack Obama's unique relationship to the Indian community, and explores the ideals and goals of restorative justice, proposing that these ideas can usefully be incorporated into a comprehensive negotiation between the federal government and the Sioux, comparing the positive model of South Africa's Truth and Reconciliation Commission to its less successful Canadian counterpart. Finally, Part V includes observations on the possible outcomes and the need to move quickly on these issues.

Disciplines

Dispute Resolution and Arbitration | Environmental Law | Law

Recommended Citation

Rita Lenane, "It Doesn't Seem Very Fair, Because We Were Here First": Resolving The Sioux Nation Black Hills Land Dispute and the Potential for Restorative Justice to Facilitate Government-to-Government Negotiations, 16 Cardozo J. Conflict Resol. 651 (2015).
Available at: https://larc.cardozo.yu.edu/cjcr/vol16/iss2/11