| Author | Title | Citation | Summary | Year |
| Edward Rubacha |
Construction Contracts with Indian Tribes or on Tribal Lands |
26-WTR Construction Lawyer 12 (Winter, 2006) |
With a boom under way in construction of facilities for Native American tribes, counsel for non-Indian businesses should be prepared for their clients' legal needs and the often-unique issues of tribal sovereignty that arise. If a tribe or tribal entity refuses to pay a designer, contractor, or supplier under a contract, what remedies does the... |
2006 |
| Nancy Postero, University of California, San Diego |
Contesting Citizenship in Latin America, the Rise of Indigenous Movements and the Postliberal Challenge Deborah Yashar (Cambridge: Cambridge University Press, 2005) |
29 PoLAR: Political and Legal Anthropology Review 323 (November, 2006) |
Deborah Yashar's Contesting Citizenship in Latin America is the book-long version of her widely cited articles analyzing the emergence and impacts of indigenous movements in Latin America (Yashar 1998, 1999). In this book, she fleshes out her argument in three well-researched case studies (Ecuador, Bolivia, and Peru). Yashar's analytical model is... |
2006 |
| Kristen A. Carpenter |
Contextualizing the Losses of Allotment Through Literature |
82 North Dakota Law Review 605 (2006) |
Some years ago, scholars issued a call to context, arguing that legal rules should be studied and applied with attention to the historical, personal, cultural, geographic, and other circumstances that give rise to legal problems. These scholars critiqued a strict rule-of-law model wherein abstract legal principles dominated legal thinking. By... |
2006 |
| |
Continuing U.s. Navy Operations Against Indian Ocean Pirates |
100 American Journal of International Law 700 (July, 2006) |
Thirty-five pirate attacks were reported off Somalia's coasts in 2005. In March 2006, the UN Security Council issued a presidential statement on Somalia that, inter alia, noted continuing pirate attacks on merchant shipping. The Council encouraged states with naval assets in the area to be vigilant to acts of piracy, and to take appropriate action... |
2006 |
| Mary Jensen |
Contracts Formed under the Indian Self-determination and Education Assistance Act Are as Binding as Any Other Government Agreements with a Contractor: Cherokee Nation of Oklahoma V. Leavitt |
44 Duquesne Law Review 399 (Winter 2006) |
GOVERNMENTS - NATIVE AMERICANS - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT - The Supreme Court of the United States held that self-determination contracts between the Federal Government and Native American tribes are as binding on the Federal Government as any other contractor agreement. Cherokee Nation of Oklahoma v. Leavitt, 543... |
2006 |
| Monica Martens |
Creating a Supplemental Thesaurus to Lcsh for a Specialized Collection: the Experience of the National Indian Law Library |
98 Law Library Journal 287 (Spring, 2006) |
The National Indian Law Library collection of federal Indian and tribal law resources requires the use of specialized subject headings. Ms. Martens describes a project in which the library staff revised an internal subject headings list to create a supplemental thesaurus to the Library of Congress Subject Headings. ¶1 The National Indian Law... |
2006 |
| Carole Goldberg |
Critique by Comparison in Federal Indian Law |
82 North Dakota Law Review 719 (2006) |
As teachers of federal Indian law, we have an obligation to provide critical perspectives on the law, not merely to teach the statutes and doctrine. Happily, scholarship in the field affords us a variety of critical frameworks. For example, recent Supreme Court decisions have been attacked for their unexplained or unjustified departures from basic... |
2006 |
| Kathleen Potter |
Ctr. For Native Ecosystems V. Cables, No.04-cv-02409, 2006 U.s. Dist. Lexis 1594 (D. Colo. January 9, 2006) (Holding That the Forest Service's Approval of Cattle Grazing Permits in the Pole Mountain Area Did Not Violate State Water Quality Standards or th |
9 University of Denver Water Law Review 636 (Spring, 2006) |
The Center for Native Ecosystems, Biodiversity Conservation Alliance, and Forest Guardians (collectively CNE) brought a Petition for Review of Agency Action in United States District Court for the District of Colorado, claiming that the United States Forest Service's (Forest Service) approval of livestock grazing permits violated Wyoming's... |
2006 |
| Wenona T. Singel |
Cultural Sovereignty and Transplanted Law: Tensions in Indigenous Self-rule |
15-WTR Kansas Journal of Law & Public Policy 357 (Winter 2006) |
Two forces that have a tremendous impact on tribal legal systems are in direct conflict with each other. This essay describes what these forces are, explains why they are in conflict, and discusses what can be done to minimize this conflict. The first force is the concept of cultural sovereignty. This concept refers to an indigenous counterforce to... |
2006 |
| Leslie R. Dubois |
Curiosity and Carbon: Examining the Future of Carbon Sequestration and the Accompanying Jurisdictional Issues as Outlined in the Indian Energy Title of the 2005 Energy Policy Act |
27 Energy Law Journal 603 (2006) |
The promise of successful carbon sequestration and carbon trading is on the horizon. As such, the 2005 Energy Policy Act (EPAct 2005 or the Act) has a section devoted to Indian energy that attempts to jumpstart sequestration research in Indian country. Title XXVI, the Indian Energy title, contains a governmental proposal that invites tribes to... |
2006 |
| Diego Marquez |
Developments in the Executive Branch |
20 Georgetown Immigration Law Journal 549 (Spring, 2006) |
Foreign drug organizations are increasingly using American Indian reservations as safe havens for large-scale drug trafficking and organized crime. Several significant obstacles to effective law enforcement on Indian reservations, including tribal sovereignty that limits law enforcement access to the reservations, have attracted drug organizations... |
2006 |
| Matthew L.M. Fletcher |
Dibakonigowin: Indian Lawyer as Abductee |
31 Oklahoma City University Law Review 209 (Summer 2006) |
Walking in downtown Spokane alone, after dinner with the Indian woman I love, with the same Indian woman who loves me, I was stopped by an Indian man, a stranger, drunk, sitting in the shade, as transient as every other Indian in the country. Hey, cousin, he asked. What tribe you are? Spokane/Coeur d'Alene, I said and he shook my hand.... |
2006 |
| Alan F. Blakley |
Document Production in a Strange Native Land |
53-JUL Federal Lawyer 16 (July, 2006) |
In April 2006, during the filming of that new blockbuster hit, Electronic Discovery Update: Impact of the 2006 Federal Rules Changes, in Charlotte, N.C., several members of the cast had an opportunity to discuss the one portion of the upcoming changes to the Federal Rules of Civil Procedure that may lead to the greatest number of disputes. (As... |
2006 |
| Clay Smith , Idaho Attorney General's Office |
Doe V. Mann: the Indian Child Welfare Act, the Rooker-feldman Doctrine, and Public Law 280 |
49-FEB Advocate 14 (February, 2006) |
Most lawyers in Idaho and elsewhere encounter Indian law issues rarely if at all. One area where ordinary practitioners may cross paths with Indian law is in child custody matters subject to the Indian Child Welfare Act. Although litigation under this statute has been limited almost entirely to state court proceedings, a recent Ninth Circuit Court... |
2006 |
| Robert Laurence |
Eight Quotations: an Essay Comparing American Indian Law and Australian Aboriginal Law, Offered, with Irony, in Memory of Richard B. Atkinson |
59 Arkansas Law Review 309 (2006) |
It's difficult to remember that I once wrote law review articles by hand, without the aid of a computer. The time I am thinking of would have been in 1982 or 83, in the spring, say, on, say, a Thursday, mid-afternoon, say. I used two yellow writing pads--one for text and one for footnotes--and would have had the reporters on the table in front of... |
2006 |
| Shivani Sutaria |
Employment Discrimination in Indian-owned Casinos: Strategies to Providing Rights and Remedies to Tribal Casino Employees |
8 Journal of Law & Social Challenges 132 (Fall 2006) |
Sundi Lyons, Aramissa Dillyhon, Cheryl Dalton and Cynthia Walden used to work at Thunder Valley Casino, a tribal-owned casino in northern California. Things changed when, according to Ms. Lyons, a casino executive sexually assaulted her. When she reported the assaults to the lead investigator of the tribe's gaming commission, he assured her he... |
2006 |
| Michael S. Houdyshell |
Environmental Injustice: the Need for a New Vision of Indian Environmental Justice |
10 Great Plains Natural Resources Journal J. 1 (Spring 2006) |
Without the land . . . there is no tribe. That is why tribal land is sacred land, because it has been given by the Creator to sustain the tribe. That is why tribal values seek to cultivate an attitude of respect for the land and the resources it yields. I. Introduction. 1 II. What is Environmental Justice?. 3 III. Environmental Justice for the... |
2006 |
| Melody Kapilialoha MacKenzie |
Ever Loyal to the Land |
33-SPG Human Rights 15 (Spring, 2006) |
Kaulana npua a'o Hawai'i Kpa'a mahope o ka 'ina Famous are the children of Hawai'i Ever loyal to the land These lyrics are from a song by Ellen Keho'ohiwaokalani Wright Prendergast, written shortly after the overthrow of the Hawaiian Kingdom in 1893. They express the sorrow of the Native Hawaiian people and their determination to oppose... |
2006 |
| Mini Kaur |
Global Warming Litigation under the Alien Tort Claims Act: What Sosa V. Alvarez Machain and its Progeny Mean for Indigenous Arctic Communities |
13 Washington and Lee Journal of Civil Rights and Social Justice 155 (Fall, 2006) |
These are things that all of our old oral history has never mentioned, said Enosik Nashalik, 87, [an elder in the Inuit village of Pangnirtung, Canada]. We cannot pass on our traditional knowledge, because it is no longer reliable. Before, I could look at cloud patterns or the wind, or even what stars are twinkling, and predict the weather. Now,... |
2006 |
| Tim Berg |
Growing Indian Economies |
42-MAR Arizona Attorney 30 (March, 2006) |
Economic development in Indian Country is on the rise. The U.S. Census Bureau's 2002 Survey of Business Owners indicates that the number of businesses owned by American Indians and Alaskan Natives between 1997 and 2002 increased from 197,300 to 206,125, and approximately 1,000 of that increase occurred in Arizona. Notwithstanding such encouraging... |
2006 |
| Marvin L. Longabaugh |
Hail to the Potomac Drainage Basin Indigenous Persons: Has Political Correctness Gone Too Far? |
7 Texas Review of Entertainment & Sports Law 15 (Fall 2006) |
Does the federal government have an obligation to restrict the NFL's Washington franchise's use of the moniker Redskins ? This article discusses the obligation that the U.S. Supreme Court has placed on the federal government with respect to Native Americans due to tribes' unique status as domestic dependent nations . Further, the article... |
2006 |
| Kent Siegrist |
Honor among Thieves: the Absence of Adequate Enforcement Protections for Native American Royalty Theft |
30 American Indian Law Review 223 (2005-2006) |
A unique and cumbersome bureaucracy exists to administer American Indian mineral interests. The numerous challenges associated with this system are the source of continuing litigation. This note focuses on one case that was litigated to its ultimate conclusion, but still failed to resolve the underlying issue. When the honor system breaks down in... |
2006 |
| Kathryn R.L. Rand, Steven Andrew Light |
How Congress Can and Should "Fix" the Indian Gaming Regulatory Act: Recommendations for Law and Policy Reform |
13 Virginia Journal of Social Policy and the Law 396 (Spring 2006) |
It's long-overdue time to review the impact and implications of the Indian Gaming Regulatory Act from a broad variety of aspects. - U.S. Senator John McCain Over the last year, U.S. Senator John McCain (R-Ariz.), one of the architects of the Indian Gaming Regulatory Act of 1988 (IGRA) and the Chair of the U.S. Senate Committee on Indian Affairs,... |
2006 |
| Hope Lewis |
Human Rights and Natural Disaster: the Indian Ocean Tsunami |
33-FALL Human Rights 12 (Fall, 2006) |
Why should we focus on human rights in the aftermath of a natural disaster? When governments face massive loss of life, public health crises, and thousands of injured, hungry, and homeless people, the demands of humanitarian aid coordination and delivery, and the rebuilding of infrastructure, the basic need to reestablish public services and... |
2006 |
| Surya Deva |
Human Rights Realization in an Era of Globalization: the Indian Experience |
12 Buffalo Human Rights Law Review 93 (2006) |
Globalization has a human face. Another world is possible. Globalization, both as a description and a prescription, has provoked several contradictory responses. Although the two opening statements amply indicate this contradiction, some illustrations will help in removing any remaining doubts. Globalization demands deregulation and regulation... |
2006 |
| Katherine Newman Lewis |
Hunters, Oil, Native Americans and Archaeologists: Can Conflicting Interests Co-exist on the "Most Significant Archaeological Find in North America in 50 Years?" |
26 Journal of Land, Resources, and Environmental Law 447 (2006) |
In 2001, Utah acquired a 4,208 acre parcel of land, with priceless, unexcavated Fremont Indian ruins and artifacts, which had been protected by a private landowner for generations. Archaeologists proclaimed it the most significant find in North America in fifty years. The property, called Range Creek, is in a remote part of Southern Utah and the... |
2006 |
| Heather Bowman |
If I Had a Hammer: the Oecd Guidelines for Multinational Enterprises as Another Tool to Protect Indigenous Rights to Land |
15 Pacific Rim Law & Policy Journal 703 (September, 2006) |
As developing countries embrace market economies, a primary source of investment is in the form of foreign direct investment through action by Multinational Enterprises (Multinationals) inside a country's borders. Activity by a Multinational is often regulated only by the host country, which may place minimal restrictions on it for fear... |
2006 |
| Weston Meyring |
I'm an Indian Outlaw, Half Cherokee and Choctaw : Criminal Jurisdiction and the Question of Indian Status |
67 Montana Law Review 177 (Summer 2006) |
This Article provides guidance to federal, state, and tribal courts presented with the question of whether an individual is an Indian for purposes of criminal jurisdiction. Although an understanding of the term Indian is [f]undamental to virtually all analysis of Indian law, the scholarly literature is devoid of a modern in-depth review and... |
2006 |
| James B. Wadley |
Indian Citizenship and the Privileges and Immunities Clauses of the United States Constitution: an Alternative to the Problems of the Full Faith and Credit and Comity? |
31 Southern Illinois University Law Journal 31 (Fall, 2006) |
Throughout the last century, Indians undoubtedly have often considered themselves to be second class citizens of the United States. This status has been the basis for much concern regarding the validity of rights that may be claimed by Indians when those rights have to be asserted outside their own society. Requiring that states accept rights... |
2006 |
| James K. Kawahara, Michelle LaPena |
Indian Country |
28-JAN Los Angeles Lawyer 26 (January, 2006) |
Real estate lawyers advising clients who seek to conduct business with California Indian tribes not only need to employ the usual legal analyses applicable to any transaction but also must consider a notable added dimension. Federal law treats each Indian tribe as a sovereign government. The U.S. Supreme Court refers to Indian tribes as domestic... |
2006 |
| S. James Anaya |
Indian Givers: What Indigenous Peoples Have Contributed to International Human Rights Law |
22 Washington University Journal of Law and Policy 107 (2006) |
The interests of Native Americans have long been ignored, or worse. The history of misdealing and atrocities committed against Native Americans ever since Christopher Columbus found himself on a Caribbean island, miscalculated his location, and called his hosts Indians is well known. Much less widely known are the present day legacies of this sad... |
2006 |
| |
Indian Law |
34 No.8 Preview of United States Supreme Court Cases 491 (7/31/2006) |
Can a state tax the fuel that is sold by non-Indian distributors to tribal gas stations on reservations? Yes. Because Kansas's motor fuel tax is a nondiscriminatory tax imposed on an off-reservation transaction between non-Indians, the tax is valid and poses no affront to the Nation's sovereignty. From the opinion by Justice Thomas (joined by Chief... |
2006 |
| Carrie Barney , Washburn University School of Law |
Indian Law: Setting the Stage for 'Lara Ii' |
75-JAN Journal of the Kansas Bar Association 10 (January, 2006) |
Depending on where you plan to take the bar, you may be surprised to learn that your exam subjects may include Indian law. As tribal economic power increases, so also does the need for attorneys who are familiar with Indian law. Currently two states, Washington and New Mexico, include Indian law as a bar exam subject, with four more states... |
2006 |
| Judith Royster |
Indian Natural Resources Development: Tribal Energy Resource Agreements under the Energy Policy Act of 2005 |
37 No.5 ABA Trends Trends 8 (May/June, 2006) |
Last year, Congress enacted the Indian Tribal Energy Development and Self-Determination Act (Indian Energy Act), 25 U.S.C. §§ 3501-3506, as part of the massive Energy Policy Act of 2005. Pub. L. No. 109-58, 119 Stat. 764. Provisions of the Indian Energy Act authorize a significant change in the way natural resources development on Indian lands has... |
2006 |
| Wenona T. Singel , Matthew L.M. Fletcher |
Indian Treaties and the Survival of the Great Lakes |
2006 Michigan State Law Review 1285 (2006 (Special)) |
Introduction 1286 I. Indian Treaties and Natural Resource Protection. 1288 A. Treaty Rights. 1289 B. Great Lakes Indian Treaties. 1291 II. Incorporating Indian Tribes and Indian Treaties. 1293 A. Indian Treaties in Federal and State Litigation. 1293 B. Indian Tribes as Stakeholders in International Compacting Process. 1295 Conclusion 1296 The... |
2006 |
| Judith V. Royster |
Indian Tribal Rights to Groundwater |
15-SPG Kansas Journal of Law & Public Policy 489 (Spring 2006) |
This article was part of a symposium that explored whether institutional groundwater management works. Addressing tribal groundwater in light of that question raises two related issues. First, state groundwater management in states with tribal populations will not work, at least in the long term, unless that state management takes account of tribal... |
2006 |
| Judith V. Royster |
Indian Water and the Federal Trust: Some Proposals for Federal Action |
46 Natural Resources Journal 375 (Spring 2006) |
Indian tribal reserved rights to water constitute trust assets under the protection of the federal government. Nonetheless, the federal government's duty of protection, and remedies against the government if it fails in that duty, are seldom recognized by law. Congress could protect tribal water rights through enactment of comprehensive regulatory... |
2006 |
| Robert T. Anderson |
Indian Water Rights and the Federal Trust Responsibility |
46 Natural Resources Journal 399 (Spring 2006) |
Although federal policy shifted from assimilation to pro-tribal positions, the federal courts have quite consistently supported Indian reserved water rights. Indian water rights, however, were neglected by Congress in favor of non-Indian agricultural development in the arid West. Modern litigation over tribal rights takes place primarily in state... |
2006 |
| Robert T. Anderson |
Indian Water Rights: Litigation and Settlements |
42 Tulsa Law Review 23 (Fall, 2006) |
Indian water rights have a one-hundred-year pedigree in federal law although historically the federal government expended the lion's share of its resources on developing non-Indian water use. While there was little development of water resources for tribes in the aftermath of the Supreme Court's landmark decision in Winters v. United States, an... |
2006 |
| Janet K. Brewer |
Indigenous Origins of Inalienable Rights: Natural Law Theory in Navajo Culture |
8 Loyola Journal of Public Interest Law 37 (Fall 2006) |
[C]ommands and prohibitions of nations have the power to summon to righteousness and away from wrongdoing; but this power is not merely older than the existence of nations and States, it is coeval with that God who guards and rules heaven and earth. For the divine cannot exist without reason, and divine reason cannot but have this power to... |
2006 |
| Judith Kimerling |
Indigenous Peoples and the Oil Frontier in Amazonia: the Case of Ecuador, Chevrontexaco, and Aguinda V. Texaco |
38 New York University Journal of International Law & Politics 413 (Spring 2006) |
I. Introduction. 414 II. Governments and Policy in Ecuador. 417 A. Government Instability and Petroleum Politics. 417 B. Amazon Policy and the Rights of Indigenous Peoples. 426 C. Environmental Protection Policy. 433 III. Texaco's Operations and Impact. 449 IV. Environmental Audit. 468 V. Aguinda v. Texaco: The Rainforest Indians' Lawsuit in... |
2006 |
| Peter Manus |
Indigenous Peoples' Environmental Rights: Evolving Common Law Perspectives in Canada, Australia, and the United States |
33 Boston College Environmental Affairs Law Review Rev. 1 (2006) |
Common law decisions on the environment-related interests of indigenous peoples that have emerged from the high courts of Canada, Australia, and the United States over the past several decades show a spectrum of approaches to fundamental issues. These issues include the questions of whether sovereign nations should acknowledge such... |
2006 |
| Pamela J. Stephens |
Indigenous Peoples, Culturally Specific Rights, and Domestic Courts: a Response to Professor Fodella |
30 Vermont Law Review 595 (Spring, 2006) |
Professor Alessandro Fodella has done a very nice job of setting out both the protection afforded indigenous peoples by current international law and the limitations of that protection as well. As he suggests, more work needs to be done with respect to providing content to these norms. In addition to his suggestion that a more coordinated approach... |
2006 |
| Başak Çalt, University College London |
Indigenous Peoples: Resource Management and Global Rights Svein Jentoft, Henry Minde, and Ragnar Nilsen, Eds. (Delft, the Netherlands: Eburon Academic Publishers, 2003) |
29 PoLAR: Political and Legal Anthropology Review 311 (November, 2006) |
This edited collection of 15 comprehensive contributions is partly an outcome of a conference session on Indigenous Peoples in 2001. The editors' aim was an investigation into how global rights discourse, institutions, and legal frameworks have a bearing on the management of natural resources indispensable for indigenous peoples. In the... |
2006 |
| Chidi Oguamanam |
Intellectual Property Rights in Plant Genetic Resources: Farmers' Rights and Food Security of Indigenous and Local Communities |
11 Drake Journal of Agricultural Law 273 (Fall, 2006) |
I. Introduction. 274 II. Part I. 277 A. Intellectual Property in PGRs. 277 B. PGRs and Farmers' Rights: From International Undertaking to International Treaty. 281 III. Part II. 287 A. Farmers' Rights As A Conceptual Morass. 287 1. Farmers' Rights vs. Intellectual Property Rights. 289 2. Efficacy of Farmers' Rights: Textual Scrutiny. 292 IV. Part... |
2006 |
| Alessandro Fodella |
International Law and the Diversity of Indigenous Peoples |
30 Vermont Law Review 565 (Spring, 2006) |
The issue of the rights of indigenous peoples in international law provides an interesting viewpoint on the more general question of how the law can accommodate differences. Although there is no universally accepted legal definition of indigenous peoples in international law, generally speaking they can be referred to as those peoples with their... |
2006 |
| Klint A. Cowan |
International Responsibility for Human Rights Violations by American Indian Tribes |
9 Yale Human Rights and Development Law Journal L.J. 1 (2006) |
The American Indian tribes have a unique status in the law of the United States. They are characterized as sovereigns that predate the formation of the republic and possess inherent powers and immunities. Their powers permit them to create and enforce laws and generally to operate as autonomous governmental entities with executive, legislative, and... |
2006 |
| Klint A. Cowan |
INTERNATIONAL RESPONSIBILITY FOR HUMAN RIGHTS VIOLATIONS BY AMERICAN INDIAN TRIBES |
9 Yale Human Rights and Development Law Journal 1 (2006) |
The American Indian tribes have a unique status in the law of the United States. They are characterized as sovereigns that predate the formation of the republic and possess inherent powers and immunities. Their powers permit them to create and enforce laws and generally to operate as autonomous governmental entities with executive, legislative, and... |
2006 |
| Blake A. Watson |
John Marshall and Indian Land Rights: a Historical Rejoinder to the Claim of "Universal Recognition" of the Doctrine of Discovery |
36 Seton Hall Law Review 481 (2006) |
I. Introduction. 481 II. Johnson v. McIntosh. 483 III. Roger Williams and The Sinne of the Pattents . 487 IV. European Views of Indian Land Rights During The Age of Discovery . 498 A. Spanish Views of Indian Land Rights. 499 B. French Views of Indian Land Rights. 511 C. Dutch and Swedish Views of Indian Land Rights. 517 D. Early English and... |
2006 |
| Matthew D. All |
John Mccain and the Indian Gaming "Backlash": the Unfortunate Irony of S. 2078 |
15-WTR Kansas Journal of Law & Public Policy 295 (Winter 2006) |
On March 29, 2006, the U.S. Senate Committee on Indian Affairs approved Senate Bill 2078, a major revision of the Indian Gaming Regulatory Act (IGRA), by a voice vote of 10-3, sending it to the full U.S. Senate for consideration. S. 2078 is the creation of Senator John McCain, the committee chairman, and is the product of a year's worth of hearings... |
2006 |