| Author | Title | Citation | Summary | Year |
| Duane Champagne |
Justice, Culture, and Law in Indian Country: Teaching Law Students |
82 North Dakota Law Review 915 (2006) |
My experience with teaching law students is spare. As a sociology professor, one rarely teaches law students who are currently enrolled in a university law program. Nevertheless, at UCLA there is a law clinic and a joint degree program in law and American Indian studies. There, students complete the law courses in three years, and with an... |
2006 |
| Jesse K. Martin |
Kansas V. Prairie Band Potawatomi Nation: Undermining Indian Sovereignty Through State Taxation |
6 University of Maryland Law Journal of Race, Religion, Gender and Class 251 (Spring 2006) |
In Kansas v. Prairie Band Potawatomi Nation, the Supreme Court undermined the historic and deeply-rooted sovereign status of Indian tribes by focusing on a hyper-technical application of precedent and ignoring the practical impact of the Kansas motor fuel tax. The Court determined that the state tax, as applied to the Nation Station's sale of... |
2006 |
| David Barnard |
Law, Narrative, and the Continuing Colonialist Oppression of Native Hawaiians |
16 Temple Political & Civil Rights Law Review Rev. 1 (Fall 2006) |
The article does three things. First, and for the first time, it brings to bear the perspectives of critical race theory, postcolonial theory, and narrative theory on the U.S. Supreme Court's 2000 decision in Rice v. Cayetano, which dealt a severe blow to Native Hawaiians' struggles for redress and reparations for a century of dispossession and... |
2006 |
| Shubhankar Dam |
Legal Systems as Cultural Rights: a Rights' Based Approach to Traditional Legal Systems under the Indian Constitution |
16 Indiana International & Comparative Law Review 295 (2006) |
Twentieth century discourses on tribals in social history and anthropology have predominantly reflected an approach of impassioned concern. Tribes were classically depicted as an anthropological category, although they were viewed on occasion as evidence of plurality. The dominant conceptual framework, however, has been a metaphor for the... |
2006 |
| Robyn J. Spalter |
Lessons Learned from My Trip to the Indian Law Conference |
53-MAY Federal Lawyer Law. 3 (May, 2006) |
I just returned from the FBA Indian Law Conference in Albuquerque, N.M. In fact, it was the 31st Annual Indian Law Conference -- a major conference. This particular conference is one that every president of this association looks forward to attending. Why do we all look forward to this particular conference so much? Well, there are some common... |
2006 |
| Bethany R. Berger |
Liberalism and Republicanism in Federal Indian Law |
38 Connecticut Law Review 813 (May, 2006) |
This essay begins to define, and invites others to define, where federal Indian law fits into American democratic political theory. More particularly, it attempts to discover where the claims of tribes fit into the two dominant strains of that theory, liberalism and republicanism. This question may seem overly abstract, even blindly so, for a... |
2006 |
| Matthew L.M. Fletcher |
Looking to the East: the Stories of Modern Indian People and the Development of Tribal Law |
5 Seattle Journal for Social Justice Just. 1 (Fall/Winter, 2006) |
For my Gram and old stories, and the Peach and new stories. For many Indian people the east represents a new beginning. Each day the sun rises and Indian people begin new lives, with new stories and new experiences. East is the direction of young people, of newborns, and creativity. East is the direction of starting over with new and powerful... |
2006 |
| Matthew L.M. Fletcher |
LOOKING TO THE EAST: THE STORIES OF MODERN INDIAN PEOPLE AND THE DEVELOPMENT OF TRIBAL LAW |
5 Seattle Journal for Social Justice 1 (Fall/Winter, 2006) |
For my Gram and old stories, and the Peach and new stories. For many Indian people the east represents a new beginning. Each day the sun rises and Indian people begin new lives, with new stories and new experiences. East is the direction of young people, of newborns, and creativity. East is the direction of starting over with new and powerful... |
2006 |
| Alexa Koenig , Jonathan Stein |
LOST IN THE SHUFFLE: STATE-RECOGNIZED TRIBES AND THE TRIBAL GAMING INDUSTRY |
40 University of San Francisco Law Review 327 (Winter 2006) |
Perhaps the most basic principle of all Indian law . . . is the principle that those powers which are lawfully vested in an Indian tribe are not, in general, delegated powers granted by express acts of Congress, but rather inherent powers of a limited sovereignty which has never been extinguished . . . . What is not expressly limited remains... |
2006 |
| Adam M. Smith |
Making Itself at Home: Understanding Foreign Law in Domestic Jurisprudence: the Indian Case |
24 Berkeley Journal of International Law 218 (2006) |
At first glance, it seems that few judicial debates better illustrate the uniqueness of modern American legal thinking than discussions of foreign law in domestic courts, specifically in constitutional decisions. While an accepted, encouraged, or even mandated practice in many other national jurisdictions, the mere reference to foreign or... |
2006 |
| Eva Marie Garroutte, Boston College |
Mark Edwin Miller. Forgotten Tribes: Unrecognized Indians and the Federal Acknowledgment Process. Lincoln: University of Nebraska Press, 2004. Viii, 355 Pp. $59.95 (Cloth); $34.95 (Paper) |
48 American Journal of Legal History 462 (October, 2006) |
Scholars in American Indian history, law, and policy have long awaited Mark Edwin Miller's monograph on the Federal Acknowledgment Process. The FAP is the bureaucratic means by which the federal government certifies groups as American Indian tribes; it is overseen by the Bureau of Acknowledgment and Research (BAR). The procedure, Miller observes,... |
2006 |
| Linda James Myers, Ph.D. |
Mental Health Strategies to Eliminate Health Disparities: Towards the Creation of a Climate and Culture of Optimal Health from an African (Indigenous) American Perspective |
10 DePaul Journal of Health Care Law 73 (Fall 2006) |
Many scholars and practitioners concerned about the health of all people question how best to move beyond a history of bias and mono-cultural strategies when it comes to overcoming disparities in health care between African Americans and European Americans (USDHHS, 2001). This presentation introduces the results of a multilevel, community... |
2006 |
| Rob Roy Smith , Morisset, Schlosser, Jozwiak & McGaw |
Message from the Indian Law Section Chair |
49-FEB Advocate (Idaho) 9 (February, 2006) |
In mid-November 2005, Indian country and Indian law lost one of its great leaders, Vine Deloria, Jr. A member of the Standing Rock Sioux Tribe, Vine Deloria was the consummate champion of Indian rights -- on the streets, in the media, in the halls of Congress, and in the classroom. As an author of more than twenty books, he promoted tribal... |
2006 |
| Heather A. Sapp |
Monopolizing Medicinal Methods: the Debate over Patent Rights for Indigenous Peoples |
25 Temple Journal of Science, Technology & Environmental Law 191 (Fall 2006) |
The 1994 Draft Declaration of the Rights of Indigenous Peoples states: Indigenous peoples have the right . . . to their traditional medicines and health practices, including the right to the protection of vital medicinal plants, animals, and minerals . . . [and] to special measures to control, develop and protect their sciences, technologies and... |
2006 |
| Stacy L. Leeds |
MOVING TOWARD EXCLUSIVE TRIBAL AUTONOMY OVER LANDS AND NATURAL RESOURCES |
46 Natural Resources Journal 439 (Spring 2006) |
Tribal governments and individual American Indians lack autonomy over their lands and natural resources. Rather than owning their lands outright and enjoying the autonomy that property ownership ensures, tribes are relegated to a beneficiary status beholden to the federal government as the trustee over tribal lands. This article, by advocating a... |
2006 |
| Trever K. Asam |
Nana I Ke Kumu: Looking to the Source for Protections of Native Hawaiian Culture |
10-JUL Hawaii Bar Journal 96 (July, 2006) |
From surfers on the North Shore to the hula shows in Waikiki, the Native Hawaiian culture touches almost all aspects of life in modern Hawaii. Because of the importance of these traditions to Hawaii and its people, both state and federal laws provide specific protections for Native Hawaiian cultural practices and those who perpetuate them. These... |
2006 |
| S. Alan Ray |
Native American Identity and the Challenge of Kennewick Man |
79 Temple Law Review 89 (Spring 2006) |
Give the historical method an inch and it will take a mile. From a strictly orthodox standpoint, therefore, it seems to bear a certain similarity to the devil . . . . Jurisprudence, ethics, sociology, political theory, and aesthetics have been affected to their very depths by the historical approach and have been aligned with historical viewpoints... |
2006 |
| Brian R. Moushegian |
Native American Mascots' Last Stand? Legal Difficulties in Eliminating Public University Use of Native American Mascots |
13 Villanova Sports and Entertainment Law Journal 465 (2006) |
The 2006 Federal Express Orange Bowl featured the Nittany Lions of Pennsylvania State University (PSU) and the Seminoles of Florida State University (FSU). Many FSU fans donned war paint and enthusiastically waved their arms as though swinging a tomahawk throughout the game. Ironically, the teams played the nationally televised game five... |
2006 |
| |
Native American Resources 2006 Annual Report |
2006 ABA Environment, Energy, and Resources Law: The Year in Review 266 (2006) |
Legislation enacted by Congress in 2006 concerning American Indian and Alaska Native tribes included several acts relating to environment, energy, or resources. We have included in our report those acts that are broadly applicable to Indian tribes and resources. A number of acts relating to one or more specific tribes were enacted but are not... |
2006 |
| Richard Warren Perry , San Jose State University |
Native American Tribal Gaming as Crime Against Nature: Environment, Sovereignty, Globalization |
29 PoLAR: Political and Legal Anthropology Review 110 (May, 2006) |
This essay proposes that the legal form of Native American tribal sovereignty lately deployed in the establishment of casinos and other risky enterprises is not simply an atavistic political-legal curiosity. Rather, it is exemplary of contemporary forms of spatial governmentality which, as they emerge from layered mappings of spatial difference... |
2006 |
| Richard Warren Perry , San Jose State University |
NATIVE AMERICAN TRIBAL GAMING AS CRIME AGAINST NATURE: ENVIRONMENT, SOVEREIGNTY, GLOBALIZATION |
29 PoLAR: Political and Legal Anthropology Review 110 (May, 2006) |
This essay proposes that the legal form of Native American tribal sovereignty lately deployed in the establishment of casinos and other risky enterprises is not simply an atavistic political-legal curiosity. Rather, it is exemplary of contemporary forms of spatial governmentality which, as they emerge from layered mappings of spatial difference... |
2006 |
| Melody Kapilialoha MacKenzie |
Native Hawaiians and the Law: Struggling with the He'e |
7 Asian-Pacific Law and Policy Journal 79 (Winter, 2006) |
I've been grappling the last few days with what to say as a commentary to Judge Williams' speech, not knowing the content of his talk ahead of time. Fortunately, I did have an opportunity to meet with him yesterday and he told me that he was generally going to discuss whether the law can be used to protect the interests of native peoples, how well... |
2006 |
| Justin L. Pybas |
Native Hawaiians: the Issue of Federal Recognition |
30 American Indian Law Review 185 (2005-2006) |
The Native Hawaiian people inhabited the Hawaiian Islands for hundreds of years before any Westerner even set foot on the islands. They had a thriving, isolated culture which was self-sufficient and relied on a sophisticated language and religion. By the end of the eighteenth century and throughout the nineteenth century, while the Westerners... |
2006 |
| Ulf Johansson Dahre, University of Lund |
Native Title in Australia: an Ethnographic Perspective Peter Sutton (Cambridge: Cambridge University Press, 2003) |
29 PoLAR: Political and Legal Anthropology Review 318 (November, 2006) |
Peter Sutton's latest book is an ambitious continuation of what seems to be his public educational project of teaching and assisting researchers, including anthropologists, lawyers, governments and administrators, and others with an interest in native title to better understand the complex nature of Australian Aboriginal societies and their systems... |
2006 |
| Joe Epstein , Susan Epstein |
Negotiating with Native American Wisdom |
29-DEC Wyoming Lawyer 18 (December, 2006) |
Twelve years ago I opted to leave the litigator's path I had been traveling 25 years for a new path as a mediator. That change in direction has resulted in the opportunity to meet and work with people from all walks of life, people who have had an incredible diversity of life experiences. The conflict that has brought them before me has changed... |
2006 |
| Sam Deloria |
New Paradigm: Indian Tribes in the Land of Unintended Consequences |
46 Natural Resources Journal 301 (Spring 2006) |
In the nearly 50 years since the end of the Termination Policy, Indian tribes have aggressively pursued their legal rights and powers to the point where they have reached bedrock. Federal Indian law in 1960 consisted of doctrines concerning tribal sovereignty and federal and state power, some of them dating back to John Marshall, and most of them... |
2006 |
| Jeffrey Robert Connolly |
Northern Wisconsin Reacts to Court Interpretations of Indian Treaty Rights to Natural Resources |
11 Great Plains Natural Resources Journal 116 (Fall/Spring, 2006-07) |
A century after they had ceded almost fifteen million acres of land, the Lake Superior and Mississippi Chippewa of Minnesota and Wisconsin began exercising their treaty guaranteed rights to natural resources. This led to resentment, animosity and anger in those who saw the Chippewa's use of modern fishing and hunting practices to harvest an... |
2006 |
| Michael C. Blumm & James Brunberg |
Not Much less Necessary...Than the Atmosphere They Breathed: Salmon, Indian Treaties, and the Supreme Court--a Centennial Remembrance of United States V. Winans and its Enduring Significance |
46 Natural Resources Journal 489 (Spring 2006) |
A century ago, the Supreme Court decided United States v. Winans, which upheld the Indian treaty right to cross private property to access traditional fishing grounds in the Columbia River. The Winans decision protected critically important cultural and economic practices from white encroachment. The landmark case came as a surprise in an era... |
2006 |
| |
Nsr Program for Indian Country Proposed |
16 6 Air Pollution Consultant 2.15 (2006) |
On August 21, 2006 (71 FR 48696-48750), EPA proposed a new source review (NSR) program for emission sources located in Indian country. The proposed NSR program would include two distinct programs. The first program would apply to minor stationary sources and minor modifications at major stationary sources. The second program would apply to new... |
2006 |
| Christopher B. Chaney |
Overcoming Legal Hurdles in the War Against Meth in Indian Country |
82 North Dakota Law Review 1151 (2006) |
Methamphetamine is public enemy number one for many tribes within the United States. Methamphetamine, or meth, is destroying lives, breaking up families, and undermining tribal cultures. In recent decades most tribes have faced a number of common challenges often including some combination of lack of educational attainment, unemployment, weak... |
2006 |
| Steven W. Strack |
Pandora's Box or Golden Opportunity? Using the Settlement of Indian Reserved Water Right Claims to Affirm State Sovereignty over Idaho Water and Promote Intergovernmental Cooperation |
42 Idaho Law Review 633 (2006) |
When the State of Idaho initiated the Snake River Basin Adjudication, or SRBA, on June 17, 1987, it was widely expected that the United States and the four Indian tribes within the Snake River Basin would file a large number of water right claims. Many viewed the long-dormant claims as a Pandora's Box that, once opened, would wreak havoc upon the... |
2006 |
| Valerie J. Phillips |
Parallel Worlds: a Sideways Approach to Promoting Indigenous-- Nonindigenous Trade and Sustainable Development |
14 Michigan State Journal of International Law 521 (2006) |
Whole Indian nations have melted away like snowballs in the sun before the white man's advance. They leave scarcely a name of our people except those wrongly recorded by their destroyers. Where are the Delawares? They have been reduced to a mere shadow of their former greatness. We had hoped that the white man would not be willing to travel beyond... |
2006 |
| Charles Wilkinson |
Peoples Distinct from Others: the Making of Modern Indian Law |
2006 Utah Law Review 379 (2006) |
The story of how tribes have taken back their reservations, and through sovereign self-rule restored democracy and improved the lives of their people, is surprising, both in the means and the magnitude, and it cuts against preconceptions and stereotypes. Overwhelmingly, the central thrust has been the work of Indian people. People in the agencies,... |
2006 |
| Glenn George |
Playing Cowboys and Indians |
6 Virginia Sports and Entertainment Law Journal 90 (Fall 2006) |
Introduction. 90 I. Native American Names and Images in Sports. 92 II. A Team by Any Other Name. 104 A. Considering NCAA Authority. 104 B. Double Standards: Hostile and Abusive or Just Offensive? . 106 C. More Double Standards: Trying to Make Sense of the NCAA's Policy. 111 D. More Double Standards: A Final Irony or Two. 115 III. The NCAA on... |
2006 |
| Matthew L.M. Fletcher |
Politics, History, and Semantics: the Federal Recognition of Indian Tribes |
82 North Dakota Law Review 487 (2006) |
Once, in a story, I wrote that Indians are everywhere.Goddamn right. -- Simon J. Ortiz Tribal histories often begin long before there were humans walking on the earth. According to the creation story of the Anishinabeg, for example, the Great Mystery, Kitche Manitou, created the world free from human habitation. But disaster befell the world and it... |
2006 |
| Matthew L.M. Fletcher |
POLITICS, HISTORY, AND SEMANTICS: THE FEDERAL RECOGNITION OF INDIAN TRIBES |
82 North Dakota Law Review 487 (2006) |
Once, in a story, I wrote that Indians are everywhere.Goddamn right. -- Simon J. Ortiz Tribal histories often begin long before there were humans walking on the earth. According to the creation story of the Anishinabeg, for example, the Great Mystery, Kitche Manitou, created the world free from human habitation. But disaster befell the world and it... |
2006 |
| F. Michael Willis, Timothy Seward |
Protecting and Preserving Indigenous Communities in the Americas |
33-SPG Human Rights 18 (Spring, 2006) |
You must first change the way people think. That was the wisdom passed to a representative of the Washoe Tribe by an indigenous Buryat monk from the Russian state Buryatia, discussing how to protect Lake Baikal and the lands and natural resources of cultural importance to the indigenous people that region in southern Siberia. Notwithstanding... |
2006 |
| John W. Head |
Protecting and Supporting Indigenous Peoples in Latin America: Evaluating the Recent World Bank and Idb Policy Initiatives |
14 Michigan State Journal of International Law 383 (2006) |
In this article, John Head draws on his experience with international financial institutions to offer both descriptive and prescriptive observations about the recent legal initiatives taken by the World Bank and the Inter-American Development Bank (IDB) on issues relating to the interests of indigenous peoples, particularly in Latin America. He... |
2006 |
| Lydia Edwards |
Protecting Black Tribal Members: Is the Thirteenth Amendment the Linchpin to Securing Equal Rights Within Indian Country? |
8 Berkeley Journal of African-American Law & Policy 122 (2006) |
Today a contentious division between descendants of former slaves and formerly slaveholding tribes has resulted in the loss of voting rights, access to federally funded programs, and identity for those descendents. Yet their tribal membership has survived, until recent attempts by the Cherokee and Seminole Tribes to disenfranchise and even... |
2006 |
| Lydia Edwards |
PROTECTING BLACK TRIBAL MEMBERS: IS THE THIRTEENTH AMENDMENT THE LINCHPIN TO SECURING EQUAL RIGHTS WITHIN INDIAN COUNTRY? |
8 Berkeley Journal of African-American Law & Policy 122 (2006) |
Today a contentious division between descendants of former slaves and formerly slaveholding tribes has resulted in the loss of voting rights, access to federally funded programs, and identity for those descendents. Yet their tribal membership has survived, until recent attempts by the Cherokee and Seminole Tribes to disenfranchise and even... |
2006 |
| Matthew F. Jaksa |
Putting the "Sustainable" Back in Sustainable Development: Recognizing and Enforcing Indigenous Property Rights as a Pathway to Global Environmental Sustainability |
21 Journal of Environmental Law & Litigation 157 (2006) |
I. From Past to Present: Colonialism's Impact on Indigenous Peoples and Territories. 164 A. Colonialist Conceptions of Indigenous Ownership. 164 B. Neocolonialist Assaults on Indigenous Lands and Resources. 171 II. The Failings of the Sustainable Development Model of Environmental Protection. 178 III. Recognizing and Enforcing Indigenous Property... |
2006 |
| Alex Tallchief Skibine |
Redefining the Status of Indian Tribes Within "Our Federalism": Beyond the Dependency Paradigm |
38 Connecticut Law Review 667 (May, 2006) |
In 1978, Justice Rehnquist, writing for the Court, boldly asserted that [u]pon incorporation into the territory of the United States, the Indian tribes thereby come under the territorial sovereignty of the United States and their exercise of separate power is constrained so as not to conflict with the interests of this overriding sovereignty.... |
2006 |
| Alex Tallchief Skibine |
REDEFINING THE STATUS OF INDIAN TRIBES WITHIN "OUR FEDERALISM": BEYOND THE DEPENDENCY PARADIGM |
38 Connecticut Law Review 667 (May, 2006) |
In 1978, Justice Rehnquist, writing for the Court, boldly asserted that [u]pon incorporation into the territory of the United States, the Indian tribes thereby come under the territorial sovereignty of the United States and their exercise of separate power is constrained so as not to conflict with the interests of this overriding sovereignty.... |
2006 |
| Alex B. Roberts |
Reservations on Tribal Sovereignty: How United States V. Lara Will Affect Indians, Tribes, and the Fight to Regain Independence |
43 Houston Law Review 527 (Symposium 2006) |
I. Introduction. 528 II. United States v. Lara. 529 A. Background. 529 B. The Supreme Court Weighs In. 531 1. Justice Breyer's Majority. 531 2. The Concurrences. 532 3. Justice Souter's Dissent. 534 III. Lara: Looking Back and Reaching Forward. 534 A. Tribal Sovereignty and Criminal Jurisdiction: A Historical Look. 536 1. The Constitution and the... |
2006 |
| Alex B. Roberts |
RESERVATIONS ON TRIBAL SOVEREIGNTY: HOW UNITED STATES V. LARA WILL AFFECT INDIANS, TRIBES, AND THE FIGHT TO REGAIN INDEPENDENCE |
43 Houston Law Review 527 (Symposium 2006) |
I. Introduction. 528 II. United States v. Lara. 529 A. Background. 529 B. The Supreme Court Weighs In. 531 1. Justice Breyer's Majority. 531 2. The Concurrences. 532 3. Justice Souter's Dissent. 534 III. Lara: Looking Back and Reaching Forward. 534 A. Tribal Sovereignty and Criminal Jurisdiction: A Historical Look. 536 1. The Constitution and the... |
2006 |
| Jennifer A. Hamilton , Baylor College of Medicine |
Resettling Musqueam Park: Property, Landscape, and "Indian Land" in British Columbia |
29 PoLAR: Political and Legal Anthropology Review 88 (May, 2006) |
Musqueam Park, an affluent residential subdivision located on an Indian reserve in Vancouver, British Columbia, became the site of an intense five-year struggle when the Musqueam Indian Band tried to collect higher land rents from its nonindigenous tenants. In late 2000, the Supreme Court of Canada ruled that Indian land was significantly less... |
2006 |
| Linda O. Smiddy |
Responding to Professor Janda--the U.s. Experience: the Alaska Native Claims Settlement Act (Ancsa) Regional Corporation as a Form of Social Enterprise |
30 Vermont Law Review 823 (Spring, 2006) |
In 1971, the United States Congress passed the Alaska Native Claims Settlement Act (ANCSA or the Act) to settle Alaska natives' (Natives) aboriginal claims to vast tracts of lands in Alaska. In 1975 and 1978, Canada and Quebec concluded, respectively, the James Bay and Northern Québec Agreement and the Northeastern Québec Agreement, to resolve... |
2006 |
| Curtis G. Berkey |
Rethinking the Role of the Federal Trust Responsibility in Protecting Indian Land and Resources |
83 Denver University Law Review 1069 (2006) |
It has been 175 years since Chief Justice John Marshall described the relationship of sovereign Indian tribes to the United States as resembl[ing] that of a ward to his guardian because tribes look to our government for protection and could perhaps, be denominated domestic, dependent nations. Fifty years after the Cherokee cases, this... |
2006 |
| Matthew L.M. Fletcher |
Reviving Local Tribal Control in Indian Country |
53-APR Federal Lawyer 38 (March/April, 2006) |
Progressive tribes, states, and local governments traverse the jurisdictional wasteland of Indian country by negotiating their conflicts into intergovernmental agreements. Reticent states and local governments have sought refuge in the federal courts because the Supreme Court's Indian cases tend to value state interests over tribal interests,... |
2006 |
| Matthew L.M. Fletcher |
REVIVING LOCAL TRIBAL CONTROL IN INDIAN COUNTRY |
53-APR Federal Lawyer 38 (March/April, 2006) |
Progressive tribes, states, and local governments traverse the jurisdictional wasteland of Indian country by negotiating their conflicts into intergovernmental agreements. Reticent states and local governments have sought refuge in the federal courts because the Supreme Court's Indian cases tend to value state interests over tribal interests,... |
2006 |