| Author | Title | Citation | Summary | Year |
| Kirsten Matoy Carlson |
CONGRESS, TRIBAL RECOGNITION, AND LEGISLATIVE-ADMINISTRATIVE MULTIPLICITY |
91 Indiana Law Journal 955 (Spring, 2016) |
Introduction. 955 I. The Prevailing Narrative: An Overview of Federal Recognition. 959 II. Empirically Investigating the Prevailing Narrative: Congress's Role in Federal Recognition. 967 A. Data Collection. 967 B. Coding. 969 C. Methodology. 969 D. Limits to the Study. 970 III. Revealing Congress's Real Role in Federal Recognition. 971 A. Frequency... |
2016 |
| Allyssa Wall |
Constitutional Law--the Reaffirmation of the Lack of Sixth Amendment Protections for Indigent Native American Defendants in Tribal Court Proceedings United States V. Bryant, 136 S. Ct. 1954 (2016) |
92 North Dakota Law Review 251 (2016) |
In United States v. Bryant, the United States Supreme Court held that tribal court convictions of uncounseled indigent defendants of domestic assault are sufficient to convict under 18 U.S.C. § 117(a), which is the federal offense of domestic assault in Indian country by a habitual offender. The Court found that because the Sixth Amendment does not... |
2016 |
| Arpan Banerjee |
Copyright Piracy and the Indian Film Industry: a "Realist" Assessment |
34 Cardozo Arts and Entertainment Law Journal 609 (2016) |
In India, the academic discourse surrounding intellectual property (IP) has been marked by great skepticism. Global IP laws have been viewed as a Western imposition detrimental to national interests. In this paper, I will make the case for a realist approach to film piracy in India, i.e., an approach that is rooted in legal pragmatism and draws... |
2016 |
| Angela R. Riley |
Crime and Governance in Indian Country |
63 UCLA Law Review 1564 (August, 2016) |
Criminal jurisdiction in Indian country is defined by a central, ironic paradox. Recent federal laws expanding tribal criminal jurisdiction are, in many respects, enormous victories for Indian country, as they acknowledge and reify a more robust notion of tribal sovereignty, one capable of accommodating increased tribal control over safety and... |
2016 |
| Giovanna Gismondi |
Denial of Justice: the Latest Indigenous Land Disputes Before the European Court of Human Rights and the Need for an Expansive Interpretation of Protocol 1 |
18 Yale Human Rights and Development Law Journal L.J. 1 (2016) |
In its three latest decisions on indigenous land rights, the European Court of Human Rights (ECtHR) has afforded scant protection to indigenous peoples. Through an analysis of each case in terms of substantive and procedural law, this Article evaluates the challenges indigenous peoples face when pursuing their claims before the Court. I argue that... |
2016 |
| Ryan Dreveskracht |
Doing Business in Indian Country: a Primer |
2016-JAN Business Law Today Today 1 (January, 2016) |
There are more than 566 tribal governments in the United States, varying in population from a few hundred members to more than 600,000, with a land base of more than 52.7 million acres. The past 15 years have seen tribes emerge as powerful economic, legal, and political forces. And as part of this renaissance, tribes are increasingly partnering... |
2016 |
| Nicole Greenstein, Gerard Salvatore, Allison Hoppe |
Dollar General Corp., et Al. V. the Mississippi Band of Choctaw Indians, et Al. (13-1496) |
63-APR Federal Lawyer 68 (April, 2016) |
Does an Indian tribal court have jurisdiction to adjudicate civil tort claims against nonmembers of the tribe, including nonmembers who enter into a consensual relationship with the tribe or its members? Whether Indian tribal courts have jurisdiction to adjudicate civil tort claims against nonmembers, including as a means of regulating the conduct... |
2016 |
| Tyrel Stevenson |
Dollar General V. Mississippi Band of Choctaw Indians: Where Do We Go from Here? |
59-OCT Advocate 26 (October, 2016) |
On June 23, 2016 the United States Supreme Court issued a one-sentence opinion which read, The judgment is affirmed by an equally divided Court. The short, unusual, anti-climactic and perhaps fittingly unfinished tone of the holding leaves at first blush as many questions as answers to the most hotly contested topic of our Indian law practice:... |
2016 |
| |
Economic Justice and Inclusion |
40-SUM Fletcher Forum of World Affairs 11 (Summer, 2016) |
FLETCHER FORUM: To begin, could you each share your vision of a just society? AMIT BHADURI: My vision of a just society is one in which the poorest have the same rights as the top 10 percent in terms of access to courts, nutrition, healthcare, and education. What you give to the rich, you also give to the poor; what you give to the men, you also... |
2016 |
| Juliana Ramirez |
El Gran Canal De Nicaragua: When Government Infrastructure Infringes on the Land Rights of Indigenous Communities |
22 Southwestern Journal of International Law 411 (2016) |
I. Introduction. 412 II. Land Rights. 414 III. International Recognition of the Land Rights of Indigenous Communities. 418 A. The Indigenous and Tribal Peoples Convention (ILO 169). 418 1. The Recognition of Indigenous Ties to Land. 418 2. The Right of Consultation. 419 3. The Right of Participation. 420 4. The Indigenous Communities May Only be... |
2016 |
| Chloe Bourne |
Environmental Jurisdiction in Indian Country: Why the Epa Should Change its Definition of Indian Agency Jurisdiction under the Safe Drinking Water Act |
27 Colorado Natural Resources, Energy & Environmental Law Review 293 (Summer, 2016) |
I. INTRODUCTION. 295 II. DEFINITIONS OF INDIAN COUNTRY. 298 III. HYDRO RESOURCES III'S INTERPRETATION OF DEPENDENT INDIAN COMMUNITY. 299 A. The Community of Reference Test is Compatible with Supreme Court Precedent. 301 B. Ignoring the Community of Reference Goes Against Congress' Intent in Enacting 18 U.S.C. § 1151. 304 C. Hydro Resources Ill's... |
2016 |
| Hon. Elizabeth Ann Kronk Warner |
Ethics and Indian Country |
63-APR Federal Lawyer Law. 4 (April, 2016) |
Practicing Indian law can be an immensely rewarding experience. Many lawyers who practice in the field gravitate toward Indian Country because of a strong desire to promote tribal sovereignty and to protect tribal customs and traditions. Furthermore, increasingly, lawyers who may have never otherwise dreamed that their practices would lead them to... |
2016 |
| Tyler Kennedy |
Expanding Jurisdiction: Increasing Tribal Ability to Prosecute Criminal Behavior on Native American Land |
15 Seattle Journal for Social Justice 465 (Fall, 2016) |
The long and complex relationship between Native American tribes and the US government has created a variety of issues deeply entrenched in the historical tensions between the two parties. The ebb and flow of history has brought about waves of progress, contrasted with eras of great oppression and subjugation. In recent years, criminal... |
2016 |
| Tyler Kennedy |
EXPANDING JURISDICTION: INCREASING TRIBAL ABILITY TO PROSECUTE CRIMINAL BEHAVIOR ON NATIVE AMERICAN LAND |
15 Seattle Journal for Social Justice 465 (Fall, 2016) |
The long and complex relationship between Native American tribes and the US government has created a variety of issues deeply entrenched in the historical tensions between the two parties. The ebb and flow of history has brought about waves of progress, contrasted with eras of great oppression and subjugation. In recent years, criminal... |
2016 |
| Patrice H. Kunesh |
Exploring the Intersection of Economic Development and Community Well-being in Indian Country |
63-APR Federal Lawyer 34 (April, 2016) |
A few months ago, during a serious conversation about potential opportunities for growing tribal economies with financial and business stakeholders representing diverse segments of Indian Country, the question arose: How can Indian Country leverage its significant economic gains realized in the past few decades into lasting community well-being for... |
2016 |
| |
Federal Indian Law |
43 No.8 Preview of United States Supreme Court Cases 323 (8/1/2016) |
Overview: This case explored the authority of a tribal court to adjudicate civil tort claims brought by tribal members against a nontribal member, where: (1) the nonmember civil defendant is a corporation operating a retail store on tribal trust land, pursuant to a business license obtained from the tribal government; (2) the nonmember civil... |
2016 |
| |
Federal Indian Law |
43 No.8 Preview of United States Supreme Court Cases 323 (8/1/2016) |
Overview: This case involved the interpretation of 18 U.S.C. § 117(a), a section of the Violence Against Women and Department of Justice Reauthorization Act dealing directly with domestic violence perpetrated against Native American women. Particularly, this case examined whether Congress intended to allow the use of tribal court convictions for... |
2016 |
| Abilene Slaton |
Federal Statutory Responsibility and the Mental Health Crisis among American Indians |
40 American Indian Law Review 71 (2015-2016) |
Suicides are occurring at an alarming rate among Indian populations. For example, years ago, on a reservation in North Dakota, a young American Indian girl suffered the loss by suicide of both her father and her sister. Soon after, she fell into a severe depression. For the next ninety days she lay in her bed in the fetal position, while no one... |
2016 |
| |
Fresh Pursuit from Indian Country: Tribal Authority to Pursue Suspects onto State Land |
129 Harvard Law Review 1685 (April, 2016) |
Around 1:30 a.m. on August 10, 2005, while on patrol in the Lummi Reservation, Officer Mike McSwain of the Lummi Nation Police Department observed a car driving toward him with its high beams on. As the car approached, the driver, later identified as Loretta Lynn Eriksen, failed to dim her lights in response to McSwain's signaling with his own high... |
2016 |
| |
FRESH PURSUIT FROM INDIAN COUNTRY: TRIBAL AUTHORITY TO PURSUE SUSPECTS ONTO STATE LAND |
129 Harvard Law Review 1685 (April, 2016) |
Around 1:30 a.m. on August 10, 2005, while on patrol in the Lummi Reservation, Officer Mike McSwain of the Lummi Nation Police Department observed a car driving toward him with its high beams on. As the car approached, the driver, later identified as Loretta Lynn Eriksen, failed to dim her lights in response to McSwain's signaling with his own high... |
2016 |
| Gail T. Kulick , Tadd M. Johnson , Rebecca St. George , Emily Segar-Johnson |
From Dysfunction and Polarization to Legislation: Native American Religious Freedom Rights and Minnesota Autopsy Law |
42 Mitchell Hamline Law Review 1699 (2016) |
I. Introduction. 1700 II. Two Deaths, Two Court Orders. 1702 III. Why Tribal Religions Went Underground. 1708 IV. The Law in Minnesota. 1712 V. The Legislative Process. 1716 VI. Aftermath. 1720 |
2016 |
| |
Ftc Issues Long-awaited Native Advertising Guidance |
21 No.1 Cyberspace Lawyer NL 3 (January/February 2016) |
On December 22, 2015, the Federal Trade Commission (FTC or Commission) issued long-awaited guidance on native advertisingcommercial content designed with the look and feel of editorial contentand published its Enforcement Policy Statement on Deceptively Formatted Advertisements[ ] (Policy Statement) and its Native Advertising: Guide for... |
2016 |
| Gonzalo E. Mon |
Ftc Seeks to Sharpen Blurred Lines with Guidance on Native Advertising |
32-WTR Communications Lawyer Law. 4 (Winter, 2016) |
Howard Luck Gossage (1917--1969) once observed that nobody reads ads. Instead, people read what interests them, and sometimes it's an ad. If that was true in the era of Mad Men, it's certainly true today in the era of DVRs, spam filters, and ad blockers. With so many options for consumers to avoid ads, advertisers have been forced to come up... |
2016 |
| Allison S. Ercolano |
GAMBLING WITH EQUAL PROTECTION: CONNECTICUT'S EXPLOITATION OF MANCARI AND THE TRIBAL GAMING FRAMEWORK |
48 Connecticut Law Review 1269 (May, 2016) |
Recent legislation passed in Connecticut grants two Indian tribes an exclusive right to pursue development of the state's third casino. On one hand, financial benefits stemming from casinos enhance tribal self-sufficiency, foster tribal wealth, and provide an economic benefit to the state. On the other hand, legislation that allows for these... |
2016 |
| Cristen R. Hintze |
GOING "ALL-IN" AGAINST THE NLRB: HOW TRIBAL SELF-GOVERNMENT LOST ON THE RIVER IN THE SIXTH CIRCUIT [SOARING EAGLE CASINO & RESORT V. NLRB, 791 F.3D 648 (6TH CIR. 2015)] |
55 Washburn Law Journal 529 (Spring, 2016) |
Indigenous rights are never freely given--they must be demanded, wrested away, then vigilantly protected. That is the essence of freedom. - Walter Echo-Hawk, Pawnee For nearly three decades, the National Labor Relations Board (NLRB or the Board) declined to exercise jurisdiction over commercial enterprises owned by tribal governing councils,... |
2016 |
| Judith Kimerling |
Habitat as Human Rights: Indigenous Huaorani in the Amazon Rainforest, Oil, and Ome Yasuni |
40 Vermont Law Review 445 (Spring, 2016) |
Introduction. 445 I. Human Rights and the Environment. 446 II. The Huaorani, Chevron, and Yasuni. 450 A. When the Civilization and First Oil Company Arrived. 450 B. Petroleum Policy in Ecuador. 456 C. Amazon Policy in Ecuador. 458 D. Environmental Law and Impacts of Texaco's Operations in Ecuador. 463 E. Litigation in Texaco's Homeland. 469 F.... |
2016 |
| Alan Stay |
Habitat Protection and Native American Treaty Fishing in the Northwest |
63-NOV Federal Lawyer 20 (October/November, 2016) |
In 1854, several Native American tribes occupied and sustained their lives and livelihood from lands and waters within in what is now the Northwestern portion of the United States. Fisheries, while occurring throughout their territories, were centered on the Columbia River, Puget Sound, the rivers and waters flowing into Puget Sound, and the ocean... |
2016 |
| Ajay Bhaskarabhatla, Chirantan Chatterjee, Bas Karreman, Erasmus School of Economics, Indian Institute of Management Bangalore, Erasmus School of Economics |
Hit Where it Hurts: Cartel Policing Using Targeted Sales and Supply Embargoes |
59 Journal of Law & Economics 805 (November, 2016) |
In this paper, we examine an asymmetric-punishment strategy that a large and newly identified cartel of retailers uses to police its upstream suppliers and members. The cartel punishes suppliers who violate vertical restraints and members who defect in the key regional or product market where it hurts them the most. The cartel organizes sales... |
2016 |
| Sara Movahed |
Hope for the Hopi in a Post-hobby Lobby World: the Supreme Court's Recent Interpretation of Rfra and Strengthening Native Americans' Religious-based Land Rights Claims |
31 Maryland Journal of International Law 244 (2016) |
Among the diverse array of Native American traditions, a unifying thread is the recognition that humans and our natural world are interdependent. This recognition extends beyond a mere superficial connection. It embodies a rich, deeply held belief that the physical and spiritual realms can unite in certain natural phenomena or locations. The fact... |
2016 |
| Jennifer Hendry , Melissa L. Tatum |
Human Rights, Indigenous Peoples, and the Pursuit of Justice |
34 Yale Law and Policy Review 351 (Spring 2016) |
Introduction. 352 I. The Rights-Based Approach and Indigenous Alternatives. 354 A. The Functioning, Origins, and Critique of the Rights-Based Approach. 355 B. Indigenous Alternatives. 360 II. Failures of the Right-Based Approach. 364 A. Conflicts Between Sovereign Governments. 365 B. Disputes over Regulatory Issues. 368 C. Individual Claims. 370 D.... |
2016 |
| Maggie Logan |
Human Trafficking among Native Americans: How Jurisdictional and Statutory Complexities Present Barriers to Combating Modern-day Slavery |
40 American Indian Law Review 293 (2015-2016) |
It is undeniable that human trafficking is a global enterprise that transcends all racial and geographic boundaries. [H]uman trafficking is the second largest criminal industry in the world and [it] is easily the fastest-growing. While much of the focus on human trafficking centers on its global effect, little attention is given to the rampant... |
2016 |
| Gregory D. Smith |
Icwa Adoptions an Indian Child Welfare Act Primer |
5 Accord, A Legal Journal for Practitioners 81 (Spring, 2016) |
My. introduction to the Indian Child Welfare Act (ICWA) occurred in 1993 because of criminal charges being brought against Aaron V. Yelloweyes and his wife, Millie Rose Yelloweyes, both registered members of the Sioux Indian Nation, for. the first-degree murder of three-year-old Jeremiah Bringsplenty. The tragic scenario unfolded when Jeremiah's... |
2016 |
| Sherally Munshi |
Immigration, Imperialism, and the Legacies of Indian Exclusion |
28 Yale Journal of Law & the Humanities 51 (Winter, 2016) |
In April of 1914, a few hundred men and women in Calcutta boarded a ship bound for Vancouver, though British Canada had recently enacted a law that would prevent the ship's passengers from landing. As the ship, the Komagata Maru, steamed its way across the Pacific, officials in Vancouver braced themselves for its arrival. For Canadian officials,... |
2016 |
| Cindy Campbell |
Implementing a Greener Redd+ in Black & White: Preserving Wounaan Lands and Culture in Panama with Indigenous-sensitive Modifications to Redd+ |
40 American Indian Law Review 193 (2015-2016) |
Introduction. 194 I. The Effort to Preserve Wounaan Lands Before REDD+ Implementation. 197 A. The Wounaan Tribe of Darien, Panama. 198 B. REDD+ Solutions and REDD+ Problems. 201 1. The History of REDD+. 201 2. UN-REDD+ Implementation in Panama. 207 II. Existing Indigenous Protections Available to the Wounaan. 211 A. International Indigenous... |
2016 |
| Caroline M. Turner |
Implementing and Defending the Indian Child Welfare Act Through Revised State Requirements |
49 Columbia Journal of Law and Social Problems 501 (Summer, 2016) |
The Indian Child Welfare Act, enacted in 1978, was designed to protect Indian children and enhance the stability of Indian tribes and families. It sets forth minimum federal standards applicable in proceedings involving the termination of parental rights, pre-adoption placement, and adoption placement. From its inception, there has been resistance... |
2016 |
| |
Indian Law |
43 No.8 Preview of United States Supreme Court Cases 328 (8/1/2016) |
Overview: Members of the Omaha Tribe occupy reservation land in Nebraska. In 1882, certain property on the reservation was opened to settlement by non-Indian settlers; since then, the land has been governed by the state of Nebraska. Litigation ensued after the Tribe imposed a liquor tax in the disputed area of the reservation. Individuals living in... |
2016 |
| William Wood |
Indians, Tribes, and (Federal) Jurisdiction |
65 University of Kansas Law Review 415 (December, 2016) |
Land, and controlling what happens on it and the revenues from it, has always been the focal point of relations between Indigenous peoples and non-Natives in North America. Today, as many Indian tribes rebuild their land bases after centuries of dispossession, with the result that state and local governments generally lose jurisdiction over the... |
2016 |
| William Wood |
INDIANS, TRIBES, AND (FEDERAL) JURISDICTION |
65 University of Kansas Law Review 415 (December, 2016) |
Land, and controlling what happens on it and the revenues from it, has always been the focal point of relations between Indigenous peoples and non-Natives in North America. Today, as many Indian tribes rebuild their land bases after centuries of dispossession, with the result that state and local governments generally lose jurisdiction over the... |
2016 |
| Fiona McCormack, University of Waikato |
Indigenous Claims: Hearings, Settlements, and Neoliberal Silencing |
39 PoLAR: Political and Legal Anthropology Review 226 (November, 2016) |
This article investigates the double-edged potentiality of the Waitangi Tribunal, an indigenous claims forum in New Zealand, and combines an ethnographic background to a recent claim with an anthropological interpretation of the meanings and outcomes of this encounter. I suggest that the legal justice framework of the claims proceedings and the... |
2016 |
| Nicholas Kaldawi |
Indigenous Health Policy in the United States and Latin America: the Marshall Trilogy and the International Human Rights Approach |
33 Arizona Journal of International and Comparative Law 481 (2016) |
C1-2Table of Contents I. Introduction. 482 A. The State of Indigenous Peoples' Health Today. 482 1. Why Latin America as a Basis for Comparison?. 484 II. The Marshall Trilogy in the United States. 485 A. Native American Health Prior to 1961. 485 B. The Marshall Model and Health in the Self-Determination Era. 488 III. Right to Healthcare and the... |
2016 |
| Rebecca Tsosie |
Indigenous Identity and Sports Mascots: the Battlefield of Cultural Production |
63-MAR Federal Lawyer Law. 9 (March, 2016) |
On Jan. 1, 2017, California's Racial Mascots Act will go into effect, making the state the first in the country to impose a law precluding any public school from using the term redskins for school or athletic team names, mascots, or nicknames. California's law is a historic milestone because it classifies the term as racially derogatory and... |
2016 |
| Rebecca Tsosie |
Indigenous Identity, Cultural Harm, and the Politics of Cultural Production: a Commentary on Riley and Carpenter's "Owning Red" |
94 Texas Law Review See Also 250 (2016) |
In Owning Red: A Theory of Indian (Cultural) Appropriation, Professors Angela Riley and Kristen Carpenter explore the contested nature of cultural appropriation in the context of recent controversies involving American Indian claims to ownership or control of tangible and intangible resources. Drawing on Federal Indian law and its history and... |
2016 |
| Anna Saraie |
Indigenous Interpretations of the Right to Education Incorporating Gandhi's Visionary Philosophy to Educational Reform |
30 Emory International Law Review 501 (2016) |
Since the 1940s, there has been a growing movement for the promotion of education. There is now an obligation in the international community to ensure that every child has the resources to exercise his or her right to education. Two problems have emerged from this obligation. First, international agreements define the right to education ambiguously... |
2016 |
| Péter Kovács |
Indigenous Issues under the European Convention of Human Rights, Reflected in an Inter-american Mirror |
48 George Washington International Law Review 781 (2016) |
It is an honor to have been invited to participate in the Symposium on the Identity and Future of Human Rights and to pay tribute to Professor Dinah Shelton's longstanding contributions in the field of human rights and environmental protection. In 1984, Professor Shelton taught at a session of the International Institute of Human Rights in... |
2016 |
| Ibironke T. Odumosu-Ayanu |
Indigenous Peoples, International Law, and Extractive Industry Contracts |
109 AJIL Unbound 220 (July, 2015-May, 2016) |
The extractive industry has contributed to the development of international law since colonial times. Contracts between states and extractive companies largely drive this global industry. This essay situates extractive industry contracts involving Indigenous peoples, long term actors who have significantly informed the development of international... |
2016 |
| Dwight Newman |
Indigenous Title and its Contextual Economic Implications: Lessons for International Law from Canada's Tsilhqot'in Decision |
109 AJIL Unbound 215 (July, 2015-May, 2016) |
International law on the rights of Indigenous peoples has developed rapidly in recent decades. In the latest phase of this development, international instruments on the rights of Indigenous peoples have increasingly offered universalized statements. However, the reality remains that the implementation of Indigenous rights must take place in... |
2016 |
| Naomi Palosaari |
Intellectual Property Rights and Informed Consent in American Indian Communities: Legal and Ethical Issues |
41 American Indian Law Review 125 (2016) |
Linguistic and anthropological research can provide great benefits to native communities in the form of documentation of cultural practices and resources for language preservation and language teaching. But such research can also pose risks of harm, both to social and community structure and in the ways that the research results can be used.... |
2016 |
| Nidhi Shetye |
International Insolvency: an Indian Perspective on Cross-border Treatment of Cases |
39 Fordham International Law Journal 1045 (April, 2016) |
INTRODUCTION. 1046 I. LAWS APPLICABLE TO CROSS-BORDER INSOLVENCY CASES. 1049 A. Overview of the Model Law. 1050 B. Statutes Governing Cross-Border Insolvency in India. 1054 1. Foreign Judgments Under the Code of Civil Procedure, 1908. 1054 2. Winding-Up Procedures under The Companies Act, 1956. 1055 3. Other Laws Assisting the Present Legal... |
2016 |
| Dwight Newman |
Introduction to Symposium on International Indigenous Rights, Financial Decisions, and Local Policy |
109 AJIL Unbound 207 (July, 2015-May, 2016) |
Almost a decade after the 2007 adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) by the UN General Assembly, international law scholarship on Indigenous rights is gradually expanding, with significant new works scheduled to be released in the remaining time before UNDRIP's tenth anniversary. There had been... |
2016 |
| Courtney Hodge |
Is the Indian Child Welfare Act Losing Steam?: Narrowing Non-custodial Parental Rights after Adoptive Couple V. Baby Girl |
7 Columbia Journal of Race and Law 191 (2016) |
In 2013, the United States Supreme Court handed down a decision in Adoptive Couple v. Baby Girl, a decision that will have long-term effects on the use of the Indian Child Welfare Act by non-custodial Native parents. Congress passed the Indian Child Welfare Act in 1978 in response to the high volume of Native children that had been removed from... |
2016 |