| Author | Title | Citation | Summary | Year |
| Julie Ann Fishel |
The Western Shoshone Struggle: Opening Doors for Indigenous Rights |
2 Intercultural Human Rights Law Review 41 (2007) |
The struggle of the Western Shoshone Nation is the struggle of all Indigenous Peoples. It is not just about abuse of power and economics - it is about the stripping away of our spirit. It is about being forced to live in two worlds - the real world and a world of made up laws and legal constructs which attempt to render us invisible. Laws which... |
2007 |
| Dwight G. Newman |
Theorizing Collective Indigenous Rights |
31 American Indian Law Review 273 (2006-2007) |
This article seeks to apply, in at least a preliminary way, my larger project on theorizing collective rights to the ongoing controversy around the recognition of indigenous rights as collective rights. This controversy is evident in a number of states' ongoing, articulated concerns about the concept of collective rights. These concerns often stem... |
2007 |
| Nicole J. Thomas |
They Told Me He Said He Would Kill Me. Why Hearsay Should Get Full Weight in Asylum Proceedings |
37 California Western International Law Journal 299 (Spring 2007) |
[M]y family has always told me that they are looking for me. I'm being sought out and they killed my father and later they killed my uncle, then the same thing will happen to me. How does a refugee prove that a guerilla came to his home and made verbal threats on his life? Through hearsay testimony. Quoted above, Leticia Cordon-Garcia testified... |
2007 |
| Katherine E. Germino |
This Land Is Your Land, this Land Is My Land: Cayuga Indian Nation of New York V. Pataki |
52 Villanova Law Review 607 (2007) |
Adorned in headdresses and bonnets, each year elementary schoolchildren throughout the United States reenact the story of the First Thanksgiving. Woven into this tale of teepees, turkey and thankfulness are stories of cultural exchange and respect between the Pilgrims and Indians. Often missing in this depiction of camaraderie are the years of... |
2007 |
| Judith Kimerling |
Transnational Operations, Bi-national Injustice: Chevrontexaco and Indigenous Huaorani and Kichwa in the Amazon Rainforest in Ecuador |
31 American Indian Law Review 445 (2006-2007) |
In 1967, a consortium of foreign companies (wholly owned subsidiaries of Texaco and Gulf Oil, both now part of Chevron Corporation), struck oil in the Amazon Rainforest in Ecuador. The discovery was heralded as the salvation of Ecuador's economy, the product that would pull the nation out of chronic poverty and underdevelopment at last. At the... |
2007 |
| Gavin Clarkson |
TRIBAL BONDS: STATUTORY SHACKLES AND REGULATORY RESTRAINTS ON TRIBAL ECONOMIC DEVELOPMENT |
85 North Carolina Law Review 1009 (May, 2007) |
Upwards of $50 billion in capital needs go unmet each year in Indian Country in such vital sectors as infrastructure, community facilities, housing, and enterprise development, in part due to the restrictions imposed on tribal access to the capital markets, specifically the ability of tribal governments to issue tax-exempt debt. Section 7871 of the... |
2007 |
| Clay Smith , Idaho Attorney General's Office, Natural Resources Division |
TRIBAL SOVEREIGN IMMUNITY: A PRIMER |
50-MAY Advocate 19 (May, 2007) |
This article discusses the development of the principle--known as tribal sovereign immunity--that Indian tribes are immune from suit unless they have consented or Congress has abrogated the immunity. Tribal sovereign immunity is a judge-made, or federal common law, doctrine finding its roots in a 1919 Supreme Court decision. Since then, the Supreme... |
2007 |
| James W. Smith III |
Unilateral Humanitarian Intervention and the Just Cause Requirement: Should the Denial of Self-determination to Indigenous People Be a Valid Basis for Humanitarian Intervention? Yes |
31 American Indian Law Review 699 (2006-2007) |
The focus of this symposium was an examination of how international law has evolved to promote the rights of indigenous people with regard to self-determination, non-discrimination, cultural integrity, lands and natural resources, social welfare and development, and self-governance. As Professor S. James Anaya writes in his book, Indigenous Peoples... |
2007 |
| Julie Ann Fishel |
United States Called to Task on Indigenous Rights: the Western Shoshone Struggle and Success at the International Level |
31 American Indian Law Review 619 (2006-2007) |
This government needs to be accountable for the actions it takes. Both here and abroad - for the love of money they go out and do what they want. This country has gone around the world trying to manipulate and persuade governments and attack Indigenous Peoples and their lands and resources in its own money driven craze. We need to deeply analyze... |
2007 |
| |
United States Joins Australia and New Zealand in Criticizing Proposed Declaration on Indigenous Peoples' Rights |
101 American Journal of International Law 211 (January, 2007) |
In June 2006, the first session of the new UN Human Rights Council approved and recommended to the General Assembly a declaration on the rights of indigenous peoples. The vote in the 47-member Council was 30 for, 2 against (Canada, Russian Federation), 11 abstentions, and 4 states not participating. (The United States is not a member of the Human... |
2007 |
| |
United States Votes Against Adoption of Un Declaration on Indigenous Peoples |
101 American Journal of International Law 884 (October, 2007) |
In September, the United States (joined by Australia, Canada, and New Zealand, which also have large populations of indigenous peoples), voted against the UN General Assembly's adoption of the Declaration on the Rights of Indigenous Peoples. The declaration is a nonbinding instrument that has been under discussion in varying UN forums since 1985.... |
2007 |
| Robert T. Coulter |
Using International Human Rights Mechanisms to Promote and Protect Rights of Indian Nations and Tribes in the United States: an Overview |
31 American Indian Law Review 573 (2006-2007) |
International law and international legal procedures offer a number of opportunities for creative advocacy for Indian rights, particularly for advocacy that aims to change existing legal doctrines that are perceived as unfair. In recent years, we have been reminded how much of the framework for the legal rights of Indian nations and tribes is... |
2007 |
| Robert T. Coulter |
USING INTERNATIONAL HUMAN RIGHTS MECHANISMS TO PROMOTE AND PROTECT RIGHTS OF INDIAN NATIONS AND TRIBES IN THE UNITED STATES: AN OVERVIEW |
31 American Indian Law Review 573 (2006-2007) |
International law and international legal procedures offer a number of opportunities for creative advocacy for Indian rights, particularly for advocacy that aims to change existing legal doctrines that are perceived as unfair. In recent years, we have been reminded how much of the framework for the legal rights of Indian nations and tribes is... |
2007 |
| V. Sridhar , Vijay Prashad |
Wal-mart with Indian Characteristics |
39 Connecticut Law Review 1785 (May, 2007) |
This Article analyses the likely impact, in the context of the recent boom in organized retailing in India, of what is referred to as the process of Wal-Martization. It situates Indian retailing in the backdrop of the widening economic divide in Indian society. The growing inequalities in income and consumption are reflected in the manner in which... |
2007 |
| Marcella David |
What Now, Kemo Sabe? |
55 Buffalo Law Review 307 (May, 2007) |
The White Man's Burden: Why the West's Efforts to Aid the Rest Have Done So Much Ill and So Little Good. By William Easterly. The Penguin Press, 2006. Pp. 1, 435. $27.95. New York University economics professor William Easterly is on a mission. His mission is framed as a reaction to Rudyard Kipling's poem, White Man's Burden, in which Kipling... |
2007 |
| Frederick E. Hoxie |
What Was Taney Thinking? American Indian Citizenship in the Era of Dred Scott |
82 Chicago-Kent Law Review 329 (2007) |
In addition to being an object of derision, Chief Justice Taney's opinion in Dred Scott opens a window onto the way that lawyers and politicians thought about constitutional issues in the antebellum era. That period--particularly the decade of the 1850s when leaders struggled to understand and control a dissolving American nation state--is in many... |
2007 |
| Tania Mazumdar |
Where the Traditional and Modern Collide: Indian Corporate Governance Law |
16 Tulane Journal of International and Comparative Law 243 (Winter 2007) |
I. Introduction. 243 II. History of Indian Corporate Law. 245 A. Family-Run Businesses: Disadvantages and Advantages. 247 B. Corporate Governance Laws Post-1991. 249 III. The Clash Between Adopting Western Ideas and Resolving Cultural Differences. 254 A. Sarbanes-Oxley's Lessons for India?. 256 B. The Korean Example. 261 IV. Stock Exchanges and... |
2007 |
| Keneisha M. Green |
Who's Who: Exploring the Discrepancy Between the Methods of Defining African Americans and Native Americans |
31 American Indian Law Review 93 (2006-2007) |
[T]he power of a drop of Negro Blood is to contaminate. In contrast, the power of a drop of Indian Blood - if no more than a drop - is to enhance, ennoble, naturalize, and legitimate. Our society is one of classifications and separations. When it comes to people, the dominant culture has struggled to make sure everyone fits into a specific... |
2007 |
| Brian McClatchey , Paul Porter |
Winner, Best Appellate Brief in the 2005 Native American Law Student Association Moot Court Competition |
31 American Indian Law Review 209 (2006-2007) |
1) Does the State of California have the authority to apply the California Political Reform Act of 1974 to petitioner Pinon Tribe and the tribal chairperson? 2) Does tribal sovereign immunity bar California from enforcing the California Political Reform Act against the Pinon Tribe and the tribal chairperson? 3) Is the March 2001 amendment to the... |
2007 |
| Sean P. Krispinsky , Sarah J. Bannister |
Winner, Best Appellate Brief in the 2006 Native American Law Student Association Moot Court Competition |
31 American Indian Law Review 225 (2006-2007) |
1) Whether Integer's water rights adjudication statute satisfies the McCarran Amendment, 43 U.S.C. § 666? 2) Whether the Integer Supreme Court correctly determined the purpose of the Fish River Indian Reservation? 3) Whether reacquired tribal land holds a date-of-reservation priority date? The opinion of the Integer Supreme Court is unreported. The... |
2007 |
| Barbara Cosens |
2005 Indian Water Rights Settlement Conference Keynote Address |
9 University of Denver Water Law Review 285 (Spring, 2006) |
In September 2005, Native American Rights Fund and Western States Water Council brought the Indian Water Rights Settlement Conference to Moscow, Idaho. Native American Rights Fund is the oldest and largest nonprofit dedicated to asserting and defending Native American interests nationwide, and the Western States Water Council is composed of... |
2006 |
| Kenneth B. Franklin |
A Brave Attempt: Can the National Collegiate Athletic Association Sanction Colleges and Universities with Native American Mascots? |
13 Journal of Intellectual Property Law 435 (Spring, 2006) |
The National Collegiate Athletic Association (NCAA) connotes many things to many people. In a technical sense, the NCAA is an unincorporated association of around 1,250 colleges and universities founded to promote intercollegiate athletics. To zealous football fans, though, the NCAA might evoke images of a favorite college team playing for a... |
2006 |
| Richard B. Collins |
A Brief History of the U.s.-american Indian Nations Relationship |
33-SPG Human Rights Rts. 3 (Spring, 2006) |
The European nations that colonized the Americas sought to achieve empire as well as acquire mineral wealth and land for their settlers. Each nation aimed to wrest land from the Indian nations, fend off European competitors, and in time control its own settlers. Indian land was obtained by the British government for its American colonies under the... |
2006 |
| Paul Spruhan |
A Legal History of Blood Quantum in Federal Indian Law to 1935 |
51 South Dakota Law Review Rev. 1 (2006) |
The concept of blood quantum confronts anyone interested in American Indian identity in the United States. Both for federal recognition as an Indian and for membership in a tribal nation, a person generally must possess a threshold amount of Indian or tribal blood, expressed as one-half, one-quarter, or some other fractional amount. In this... |
2006 |
| Kris Harrison |
A Redheaded Eskimo : Maryland's Fair Share Health Care Fund Act A.k.a. the Wal-mart Bill |
111 Penn State Law Review 527 (Fall 2006) |
Elected officials often make decisions based on the wishes of their constituency. In many cases, however, satisfying the electorate leads to hasty legislation that accomplishes very little. Hot topics, such as health care and Wal-Mart's reputation as a destroyer of the American worker, have led many voters to call on their representatives to... |
2006 |
| Boone Cragun |
A Snowbowl Déjà Vu: the Battle Between Native American Tribes and the Arizona Snowbowl Continues |
30 American Indian Law Review 165 (2005-2006) |
This article looks at the evolution of the Arizona Snowbowl Ski Resort and the conflict between the Snowbowl Ski Resort and the Native American tribes surrounding the resort, namely the Navajo and Hopi tribes. Part I discusses the location of the present day Snowbowl Ski Resort and the importance of that location to the Navajo and Hopi tribes. Part... |
2006 |
| Paul Porter |
A Tale of Conflicting Sovereignties: the Case Against Tribal Sovereign Immunity and Federal Preemption Doctrines Preventing States' Enforcement of Campaign Contribution Regulations on Indian Tribes |
40 University of Michigan Journal of Law Reform 191 (Fall 2006) |
This Note will discuss whether Indian tribes can assert tribal sovereign immunity to avoid compliance with state campaign finance regulation and whether such regulations should be preempted by federal law. Tribal sovereign immunity is not an enshrined constitutional imperative; it exists only under federal common law, and can be limited by the... |
2006 |
| Meghana RaoRane |
Aiming Straight: the Use of Indigenous Customary Law to Protect Traditional Cultural Expressions |
15 Pacific Rim Law & Policy Journal 827 (September, 2006) |
Globalization has led to the propagation of traditional cultural expressions of indigenous peoples outside their communities. Consequently, the question of how these expressions should be protected has acquired heightened significance. Commentators have proposed using existing intellectual property regimes and sui generis solutions. This... |
2006 |
| Roger J. Lucas |
Alliance to Save the Mattaponi V. Virginia, 621 S.e.2d 78 (Va. 2005) (Holding: (1) an Agency's Factual Findings Regarding Water Rights Adjudications Are Subject to the "Substantial Evidence" Standard of Review; and (2) Indian Rights Treaties Entered into |
9 University of Denver Water Law Review 680 (Spring, 2006) |
This opinion is a consolidated appeal of three cases. The Virginia Supreme Court considered two sets of issues related to a Virginia Water Protection Permit (Permit) issued by the State Water Control Board (Board) to the City of Newport News (City) for the construction of the King William Reservoir. The first set of issues required the court... |
2006 |
| Danielle Audette |
American Indians and Reimportation: in the Wake of Tribal Sovereignty and Federal Pre-emption, It's Not Just about "Cheap Drugs." |
15-WTR Kansas Journal of Law & Public Policy 317 (Winter 2006) |
The subject of tribal versus state sovereignty is a well-documented and hotly contested legal, political, and economic issue. One need not look very far to find a myriad of treatises, law review articles, and federal and Supreme Court cases addressing the scope of Native tribal sovereignty, the limits of state power over Indians, Indian tribes, and... |
2006 |
| Kevin K. Washburn |
American Indians, Crime, and the Law |
104 Michigan Law Review 709 (February, 2006) |
Introduction. 710 I. The Modern Structure and Process of Indian Country Criminal Justice. 715 A. A Legal Description of the Indian Country Regime. 715 B. A Practical, Critical Description of the Process of an Indian Country Case. 718 II. Federal Prosecutors in Indian Country. 725 A. Community Values and the Foundation of Prosecutorial Discretion... |
2006 |
| Eric Reitman |
An Argument for the Partial Abrogation of Federally Recognized Indian Tribes' Sovereign Power over Membership |
92 Virginia Law Review 793 (June, 2006) |
Introduction. 794 I. Nature and Extent of Tribal Citizenship Power. 801 A. Individual Disenrollment. 803 1. Penal Expatriation:Poodry v. Tonawanda Band of Seneca Indians. 803 2. Expatriation Outside the Penal Context:Quair v. Sisco. 808 3. Application of the ICRA inQuair. 811 4. Tribal Procedures inQuair: Mobocracy in Action. 813 B. Malicious... |
2006 |
| Eric Reitman |
AN ARGUMENT FOR THE PARTIAL ABROGATION OF FEDERALLY RECOGNIZED INDIAN TRIBES' SOVEREIGN POWER OVER MEMBERSHIP |
92 Virginia Law Review 793 (June, 2006) |
Introduction. 794 I. Nature and Extent of Tribal Citizenship Power. 801 A. Individual Disenrollment. 803 1. Penal Expatriation:Poodry v. Tonawanda Band of Seneca Indians. 803 2. Expatriation Outside the Penal Context:Quair v. Sisco. 808 3. Application of the ICRA inQuair. 811 4. Tribal Procedures inQuair: Mobocracy in Action. 813 B. Malicious... |
2006 |
| Kevin Gover |
An Indian Trust for the Twenty-first Century |
46 Natural Resources Journal 317 (Spring 2006) |
The statutory and policy bases of the federal trust responsibility for Indian lands arose at the end of the nineteenth century and the beginning of the twentieth century. Policy at that time was based on two related propositions: (1) Indians are incompetent and (2) Indian tribes were soon to be dismantled as political institutions separate from the... |
2006 |
| Jon M. Van Dyke , Melody K. MacKenzie |
An Introduction to the Rights of the Native Hawaiian People |
10-JUL Hawaii Bar Journal 63 (July, 2006) |
Almost 240,000 people now living in Hawaii are descendants of the Polynesian people who had a complex thriving culture in the Hawaiian Islands until Westerners started arriving at the end of the eighteenth century. Native Hawaiians had a stable political order, a self-sustaining economy based on agriculture and fishing, and a rich spiritual and... |
2006 |
| Ann Richard |
Application of the National Labor Relations Act and the Fair Labor Standards Act to Indian Tribes: Thwarting the Economic Self-determination of Tribes |
30 American Indian Law Review 203 (2005-2006) |
Indian tribes encounter economic difficulties as a matter of course. The unemployment rate for Indians is ten times above the national average. A majority of reservation Indians receive an income which ranks below the poverty line. In recent years, Indian tribes have taken the issue into their own hands by starting up businesses that provide jobs... |
2006 |
| Debra Harry , Le'a Malia Kanehe |
Asserting Tribal Sovereignty over Cultural Property: Moving Towards Protection of Genetic Material and Indigenous Knowledge |
5 Seattle Journal for Social Justice 27 (Fall/Winter, 2006) |
Indigenous cultural property of all forms, tangible and intangible, oral and written, ancient and contemporary, is under constant threat from exploitation, theft, misrepresentation, misuse, and commodification. Current domestic law, including federal Indian law, does not sufficiently protect cultural property. Internationally, although the World... |
2006 |
| Joshua M. Piper |
Australia's "New Arrangements in Indigenous Affairs": a New Approach or a New Paternalism? |
15 Pacific Rim Law & Policy Journal 265 (February, 2006) |
The Aboriginal and Torres Strait Islander Commission (ATSIC) opened its doors in 1990 with the main objectives of advising the Australian Commonwealth Government (Government) on Indigenous policy and providing services for Indigenous communities and individuals. Fifteen years later, with Indigenous living standards still well behind... |
2006 |
| Gabriel S. Galanda |
Bar None! |
53-APR Federal Lawyer 30 (March/April, 2006) |
Indian rights will never be justly protected by any legal system or any civil society that continues to talk about Indians as if they are uncivilized, unsophisticated, and lawless savages. Robert A. Williams Jr., Like a Loaded Weapon What's federal Indian law got to do with it? Probably something in the many states that are Indian country. Indian... |
2006 |
| Margaret Graham Tebo |
Betting on Their Future |
92-MAY ABA Journal 32 (May, 2006) |
Michael taylor doesn't dress the part of one of the most innovative and sought-after lawyers in Washington state. There's no natty power suit, no shiny wing tips, no calfskin briefcase. There's just a middleaged guy in khakis and an '80s-style knit tie worn under a lightweight ski jacket. Nor does Taylor's office look much like he's the head lawyer... |
2006 |
| Dennis S. Karjala |
Biotech Patents and Indigenous Peoples |
7 Minnesota Journal of Law, Science & Technology 483 (May, 2006) |
I. Introduction. 484 II. Biopiracy and Patents. 486 A. The Basic Problem. 486 B. Physical Versus Informational Resources. 487 1. Depletion of Physical Resources. 490 2. Depletion of Informational Resources. 492 III. Patents on Genes and Gene Products. 499 A. Technical Issues Involved in Gene-Related Patents. 499 1. Naturally Occurring Substances.... |
2006 |
| Justin Neel Baucom |
Bringing down the House: as States Attempt to Curtail Indian Gaming, Have We Forgotten the Foundational Principles of Tribal Sovereignty |
30 American Indian Law Review 423 (2005-2006) |
Indian casinos have been springing up all over the country as tribes are trying to cash in on what some Indians believe may be the best (and only) means to sustain tribal economic development and to make improvements in the lives of their people. Indian gaming is growing at about twice the rate of commercial casino gaming nationwide. The state of... |
2006 |
| Houston A. Stokes |
Broadening Executive Power in the Wake of Avena: an American Interpretation of Pacta Sunt Servanda |
63 Washington and Lee Law Review 1219 (Summer, 2006) |
Noting the sparse constitutional text articulating foreign affairs control, many scholars believe the Framers preferred a system in which the Legislative and Executive branches struggle for control of foreign relations. Nevertheless, Supreme Court rulings during the post-Vietnam era have increasingly accepted the broadening of presidential foreign... |
2006 |
| Bryan Bertram |
Building Fortress India: Should a Federal Law Be Created to Address Privacy Concerns in the United States-indian Business Process Outsourcing Relationship? |
29 Boston College International and Comparative Law Review 245 (Spring, 2006) |
In the past few years, there has been a substantial surge in the use of Indian vendors by U.S. businesses for the performance of business processes. These types of engagements, referred to as business process outsourcing, routinely involve the transfer of sensitive personal data between U.S. and Indian firms. Thus, these types of... |
2006 |
| George Pierre Castile, Whitman College |
Charles Wilkinson. Blood Struggle: the Rise of Modern Indian Nations. New York: W. W. Norton. 2005. Xvi, 541 Pp. $26.95 (Cloth); $15.95 (Paper) |
48 American Journal of Legal History 220 (April, 2006) |
Charles Wilkinson sets out in this book to describe the Indian sovereignty movement, which he regards as a Native American social movement that arose as a reaction to the policy of termination--total assimilation--implemented by the U.S. government in the 1950s (p. 57). In the introduction, Wilkinson asserts that Indian leaders responded and... |
2006 |
| Alex Tallchief Skibine |
Chief Justice John Marshall and the Doctrine of Discovery: Friend or Foe to the Indians? |
42 Tulsa Law Review 125 (Fall, 2006) |
Robert Miller, Native America, Discovered and Conquered: Thomas Jefferson, Lewis & Clark, and Manifest Destiny (Praeger 2006). In Native America, Discovered and Conquered, Professor Robert Miller makes a meaningful contribution to the list of scholarly articles and books that have been written about the doctrine of discovery and its role in... |
2006 |
| Curtis Berkey |
City of Sherrill V. Oneida Indian Nation |
30 American Indian Law Review 373 (2005-2006) |
In City of Sherrill v. Oneida Indian Nation, the U.S. Supreme Court ruled 8-1 that the Oneida Indian Nation of New York could not assert immunity from real property taxes on parcels it had purchased on the open market within its original reservation. The Court concluded that the passage of 200 years between the loss of Oneida land and the Nation's... |
2006 |
| Andrea A. Curcio |
Civil Claims for Uncivilized Acts: Filing Suit Against the Government for American Indian Boarding School Abuses |
4 Hastings Race and Poverty Law Journal 45 (Fall 2006) |
We were never going to be like the white man, no matter how hard we tried, but they forced us to try to be like the white man. . . . They stripped us of our language. They stripped us of our religious beliefs. They stripped us of our family life, our family values. They stripped us from our culture. Imagine a government that forced you to send... |
2006 |
| James M. Grijalva |
Compared When? Teaching Indian Law in the Standard Curriculum |
82 North Dakota Law Review 697 (2006) |
Dear Prof. Grijalva, I seem to remember you saying in class one day that everyone who is going to practice law in North Dakota should take your Indian Law class because an Indian Law issue will come up. Well I did not take your advice, and an Indian Law issue has come up. I hope that you do not mind helping me out now. -Email message from a former... |
2006 |
| Ileana M. Porras |
Constructing International Law in the East Indian Seas: Property, Sovereignty, Commerce and War in Hugo Grotius' De Iure Praedae-the Law of Prize and Booty, or "On How to Distinguish Merchants from Pirates" |
31 Brooklyn Journal of International Law 741 (2006) |
Throughout history, and across the globe, peoples and nations have encountered and entered into relationship with one another. While keeping in mind the dangers of oversimplification, it could nevertheless be argued that despite their variety, international relations fall mostly into either of two familiar types: The first takes the form of war or... |
2006 |