| Author | Title | Citation | Summary | Year |
| Mary Christina Wood , Matthew O'Brien |
TRIBES AS TRUSTEES AGAIN (PART II): EVALUATING FOUR MODELS OF TRIBAL PARTICIPATION IN THE CONSERVATION TRUST MOVEMENT |
27 Stanford Environmental Law Journal 477 (June, 2008) |
I. Introduction. 479 II. The Mechanics of Private Conservation. 481 A. Fee Ownership Versus Conservation Easement. 481 B. Funding Concerns and Financial Incentives. 482 1. Financial Arrangements of Transfer. 482 2. Costs Associated with A Conservation Transaction. 483 3. Tax Incentives For Private Conservation. 484 C. The Holder Issue. 486 D. The... |
2008 |
| Carlo Osi |
Understanding Indigenous Dispute Resolution Processes and Western Alternative Dispute Resolution Cultivating Culturally Appropriate Methods in Lieu of Litigation |
10 Cardozo Journal of Conflict Resolution 163 (Fall 2008) |
1. Introduction. 164 1.1 Focus of the Paper. 167 2. Indigenous Communities: Weak, Isolated, Vulnerable. 169 2.1 Right to Participate. 175 2.2 Adherence to Indigenously Appropriate Dispute Resolution. 177 3. Placing the International Problem in Context. 178 3.1 Cultural Appropriation and Indigeneity. 178 3.2 TRIPS and CBD. 180 3.3 Patents and... |
2008 |
| Kathryn Nalani Setsuko Hong |
Understanding Native Hawaiian Rights: Mistakes and Consequences of Rice V. Cayetano |
15 Asian American Law Journal L.J. 9 (May, 2008) |
This paper comprehensively reviews the Supreme Court case Rice v. Cayetano and its implications for Native Hawaiian legal rights. The Rice opinion, issued in 2000, continues to affect the Native Hawaiian community today. The issue of Native Hawaiian legal rights remains controversial, as demonstrated by recent suits challenging programs that... |
2008 |
| Benjamin J. Cordiano |
UNSPOKEN ASSUMPTIONS: EXAMINING TRIBAL JURISDICTION OVER NONMEMBERS NEARLY TWO DECADES AFTER DURO V. REINA |
41 Connecticut Law Review 265 (November, 2008) |
In a series of decisions beginning in 1978 with Oliphant v. Suquamish Indian Tribe, the Supreme Court has stripped Indian tribes of the ability to prosecute all criminal offenders within the borders of their territory. A decade after holding that non-Indians were not subject to the criminal jurisdiction of Indian tribes, the Supreme Court, in Duro... |
2008 |
| Lillian Aponte Miranda |
Uploading the Local: Assessing the Contemporary Relationship Between Indigenous Peoples' Land Tenure Systems and International Human Rights Law Regarding the Allocation of Traditional Lands and Resources in Latin America |
10 Oregon Review of International Law 419 (2008) |
I. Indigenous Peoples as Subjects of International Law. 423 II. Indigenous Peoples' Contemporary Claims to Lands and Resources Under Human Rights Law. 428 III. Indigenous Peoples' Litigation Regarding Their Traditional Lands and Resources Before the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. 433 IV. The... |
2008 |
| Gavin Clarkson |
Wall Street Indians: Information Asymmetry and Barriers to Tribal Capital Market Access |
12 Lewis & Clark Law Review 943 (Winter 2008) |
Wall Street in New York City may be considered the financial center of the world, but the original wall on Wall Street was built to keep the Indians out. Unfortunately Wall Street has remained true to its origins and has excluded Indian tribes from equal participation in the capital markets, although Wall Street has had some help in this regard.... |
2008 |
| Gabriel Martinez , L. Lisa Sandoval |
Winner, Best Appellate Brief in the 2007 Native American Law Student Association Moot Court Competition |
32 American Indian Law Review 293 (2007-2008) |
1. The land claim issues before the Court are: a. Whether the Makota Nation have recognized title to land they have lived on for centuries in the Eagle Wing area of the Yellowstone National Park, and b. Whether the Court should give weight, and to what extent it should do so, to customary international law, in particular the Organization of... |
2008 |
| Angela R. Riley |
(TRIBAL) SOVEREIGNTY AND ILLIBERALISM |
95 California Law Review 799 (June, 2007) |
Liberalism struggles with an ancient paradox. That is, it must navigate the sometimes treacherous course between individual autonomy and pluralism's accommodation. In this Article, I argue that this philosophical tension has manifested in very concrete intrusions on American Indians' tribal sovereignty. On the one hand, tribal sovereignty guards... |
2007 |
| William F. Bacon , Shoshone Bannock Tribe |
20 Questions about Indian Law |
50-MAY Advocate 17 (May, 2007) |
The practice of American Indian law invites many questions from both lawyers and non-lawyers alike. This article lists some of the questions asked most frequently over the years, together with brief answers to those questions. Generally, yes. There are exceptions, however, where (a) the federal law touches upon the exclusive right of... |
2007 |
| William P. Zuger |
A BAEDEKER TO THE TRIBAL COURT |
83 North Dakota Law Review 55 (2007) |
When I started work as a temporary judge at the Standing Rock Sioux Indian Reservation, I had set foot on the reservation perhaps a half dozen times, only one of which, my employment interview with Standing Rock Tribal Chairman Ron His Horse Is Thunder four days earlier, was other than a visit to the Prairie Knights Casino. Since law school, I had... |
2007 |
| Patrice H. Kunesh |
A Call for an Assessment of the Welfare of Indian Children in South Dakota |
52 South Dakota Law Review 247 (2007) |
Give me the strength to walk the soft earth, A relative to all that is! Give me the eyes to see and the strength to understand. - Black Elk The initial impetus for this Article began in the summer of 2005 when I moved to South Dakota to begin an appointment at the University of South Dakota School of Law. With teaching responsibilities in the areas... |
2007 |
| Scott A. Taylor |
A Judicial Framework for Applying Supreme Court Jurisprudence to the State Income Taxation of Indian Traders |
2007 Michigan State Law Review 841 (Winter 2007) |
C1-3Table of Contents L1-2Introduction . L3842 I. In the Beginning There Was the Fur and Pelt Trade. 848 A. British and Colonial Regulation. 848 B. Regulation under the Articles of Confederation and the Constitution. 850 II. Important Judicial Decisions before Warren Trading Post. 853 III. Warren Trading Post and Subsequent Cases. 859 A. Warren... |
2007 |
| Glenn C. Reynolds |
A Native American Land Ethic |
21-WTR Natural Resources & Environment 16 (Winter, 2007) |
Native Americans vastly enrich America's environmental legacy and evolving cultural ecology. This contribution is revealed in a successful effort to stop a proposal to mine sulfide zinc and copper ore in northeastern Wisconsin in the midst of some of the purest water on earth. After a twenty-eight-year struggle, one of the smallest Native American... |
2007 |
| Akhil Reed Amar |
A TRIBUTE TO LARRY TRIBE |
42 Tulsa Law Review 801 (Summer 2007) |
You don't need many heroes if you choose carefully. -- John Hart Ely, 1980 Today I would like to share a few thoughts about the extraordinary career of Larry Tribe. I want to identify four particular elements of that extraordinary career, and on each issue I will make particular reference to his treatise, American Constitutional Law. The four... |
2007 |
| Robert T. Anderson |
Alaska Native Rights, Statehood, and Unfinished Business |
43 Tulsa Law Review 17 (Fall 2007) |
Alaska Native aboriginal rights to land and associated resources were never dealt with in a comprehensive fashion until 1971, when Congress passed the Alaska Native Lands Claims Settlement Act (ANILCA). Although general principles of federal Indian law provided strong support for the proposition that Alaska's Native people held aboriginal title to... |
2007 |
| Robert Odawi Porter |
American Indians and the New Termination Era |
16 Cornell Journal of Law & Public Policy 473 (Summer 2007) |
INTRODUCTION. 473 I. THE TRENDS. 477 II. THE OPPORTUNITIES. 484 III. ARE WE BEING SET UP?. 487 CONCLUSION. 492 |
2007 |
| Meredith Mullins |
American-indian Law - Taxation - Michigan General Property Tax Act Is Not Valid Against Indian Reservation Land Alloted under the 1854 Treaty Because Congress Did Not Expressly Authorize It. Keweenaw Bay Indian Community V. Naftaly, 452 F.3d 514 (6th Cir. |
85 University of Detroit Mercy Law Review 57 (Fall 2007) |
In Keweenaw Bay Indian Community v. Naftaly, the Sixth Circuit granted leave to appeal to determine whether application of the Michigan General Property Tax Act (hereinafter Act) would violate the terms of the 1854 Treaty. Plaintiff, a federally recognized American-Indian tribe and the successor in interest of the Chippewa Indian bands, filed a... |
2007 |
| Tracy Ulltveit-Moe |
Amnesty International and Indigenous Rights: Congruence or Conflict? |
31 American Indian Law Review 717 (2006-2007) |
Amnesty International (AI) perceives itself as the natural ally of the oppressed. Where there is injustice, inequality and discrimination, AI's inclination is to consider how it might help the victims, pressing real or potential perpetrators of abuses to respect their rights. But could indigenous rights sometimes conflict with other rights AI... |
2007 |
| Shawkat Alam |
An Examination of the International Environmental Law Governing the Proposed Indian River-linking Project and an Appraisal of its Ecological and Socio-economic Implications for Lower Riparian Countries |
19 Georgetown International Environmental Law Review 209 (Winter, 2007) |
C1-3Contents I. Introduction. 210 II. The Indian River-Linking Project and Its Likely Impacts. 211 A. Project Description. 211 B. Likely Environmental and Socio-Economic Impacts of the Project on Bangladesh. 213 III. International Law Governing International Rivers. 217 A. Principles of International Law and General International Environmental... |
2007 |
| Christine Basic (Fall 2003) |
An Overview of the Indian Child Welfare Act of 1978 |
16 Journal of Contemporary Legal Issues 345 (2007) |
Here I walk the road of beauty with my little one as we wear beautiful, beaded moccasins. Let the sunrays be on us, among the carpeted colors of flowers. My child and I will be recognized by our little tiny friends--animals, birds, and butterflies. My child and I will touch the clear water of coolness in the stream as we live. Ha ho ya tahey. My... |
2007 |
| Rob Roy Smith |
At a Complex Crossroads: Animal Law in Indian Country |
14 Animal Law 109 (2007) |
Animals play an especially important role in Indian history and culture. The value of animals to Indian tribes is reflected in every aspect of their culture, from song and dance to land use and treaty terms. Tribes today are still dependent on fish and wildlife for ceremonies and everyday living. Tribes have translated their value for animals into... |
2007 |
| Keith E. Sealing |
Attack of the Balloon People: How America's Food Culture and Agricultural Policies Threaten the Food Security of the Poor, Farmers, and Indigenous Peoples of the World |
40 Vanderbilt Journal of Transnational Law 1015 (October, 2007) |
I. Introduction. 1016 II. Domestic Problems. 1022 A. How (Much and What) America Eats. 1022 1. The Balloon People. 1022 2. A Brief History of (Dinner) Time. 1024 B. Gone is the Family Farm: How America Raises and Grows Its Food. 1025 C. The Farm Lobby: How America Regulates Agriculture. 1026 D. Free Cheese: How America Subsidizes Agriculture. 1027... |
2007 |
| Patrice H. Kunesh |
BANISHMENT AS CULTURAL JUSTICE IN CONTEMPORARY TRIBAL LEGAL SYSTEMS |
37 New Mexico Law Review 85 (Winter, 2007) |
One of our chiefs killed a man. The people talked against him. We will take him out of his place, they said. That is what they wanted to do. But the Indian law stopped it. Even so, the chief and his wife and children were banished from the camp.But he was still chief, though all by himself. One day his wife came poking her way into the main camp... |
2007 |
| Kathleen A. Ward |
Before and after the White Man: Indian Women, Property, Progress, and Power |
6 Connecticut Public Interest Law Journal 245 (Spring/Summer, 2007) |
Native America has been, and in many ways still is, more diverse than the entire continent of Europe. While all Indian tribes have an underlying consciousness and world view, each tribe has its own language, religion, customs, governance structure, judicial system, and history. Thus, when writing an article about the Native American experience, it... |
2007 |
| Hon. Troy A. Eid |
Beyond Oliphant: Strengthening Criminal Justice in Indian Country |
54-APR Federal Lawyer 40 (March/April, 2007) |
Violent crime continues to take a massive toll on Native Americansto the point that more than one-third of Indian women will be raped during their lifetimes. Many Indian reservations suffer from a chronic lack of basic criminal justice services. Strengthening public safety means reassessing decisions by the U.S. Supreme Court that limit tribes... |
2007 |
| Patrice H. Kunesh |
Borders Beyond Borders -- Protecting Essential Tribal Relations off Reservation under the Indian Child Welfare Act |
42 New England Law Review 15 (Fall 2007) |
The year 2008 marks the thirtieth anniversary of the enactment of the Indian Child Welfare Act (ICWA), one of the most dynamic pieces of legislation in the field of federal Indian affairs, which irrevocably changed the traditional jurisdictional prerogatives of states in child custody matters. ICWA's jurisdictional scheme vests exclusive... |
2007 |
| Patrice H. Kunesh |
BORDERS BEYOND BORDERS -- PROTECTING ESSENTIAL TRIBAL RELATIONS OFF RESERVATION UNDER THE INDIAN CHILD WELFARE ACT |
42 New England Law Review 15 (Fall 2007) |
Abstract: The year 2008 marks the thirtieth anniversary of the enactment of the Indian Child Welfare Act (ICWA), one of the most dynamic pieces of legislation in the field of federal Indian affairs, which irrevocably changed the traditional jurisdictional prerogatives of states in child custody matters. ICWA's jurisdictional scheme vests exclusive... |
2007 |
| Matthew L. M. Fletcher |
Bringing Balance to Indian Gaming |
44 Harvard Journal on Legislation 39 (Winter, 2007) |
This Article argues that the national debate on Indian gaming wrongly focuses on the issue of off-reservation gaming and other symptoms of the current imbalance in Indian gaming law, rather than addressing the fundamental reason for the imbalance. The Article first describes the history of Indian gaming law that led to Congress's enactment of the... |
2007 |
| Viola Sanchez |
Carryover Storage of Indian Prior and Paramount Water in El Vado |
47 Natural Resources Journal 697 (Summer, 2007) |
Storage and release for the Six Middle Rio Grande Pueblos has taken place at El Vado Reservoir since the reservoir was first used in 1935. No distinction was made between the lands being served and their appurtenant water rights in storage and delivery in the early years of El Vado operation. El Vado storage and release for Indian lands became an... |
2007 |
| Kathryn R.L. Rand |
Caught in the Middle: How State Politics, State Law, and State Courts Constrain Tribal Influence over Indian Gaming |
90 Marquette Law Review 971 (Summer 2007) |
A basic tenet of federal Indian law is that, as sovereign nations, tribes ordinarily are not subject to the strictures of state law. In its 1987 landmark decision, California v. Cabazon Band of Mission Indians, the U.S. Supreme Court applied that principle to hold that states could not regulate Indian gaming. On the heels of the Court's decision,... |
2007 |
| Kathryn R.L. Rand |
CAUGHT IN THE MIDDLE: HOW STATE POLITICS, STATE LAW, AND STATE COURTS CONSTRAIN TRIBAL INFLUENCE OVER INDIAN GAMING |
90 Marquette Law Review 971 (Summer 2007) |
A basic tenet of federal Indian law is that, as sovereign nations, tribes ordinarily are not subject to the strictures of state law. In its 1987 landmark decision, California v. Cabazon Band of Mission Indians, the U.S. Supreme Court applied that principle to hold that states could not regulate Indian gaming. On the heels of the Court's decision,... |
2007 |
| Austen L. Parrish |
Changing Territoriality, Fading Sovereignty, and the Development of Indigenous Rights |
31 American Indian Law Review 291 (2006-2007) |
For much of the nineteenth and twentieth centuries, the international community resisted the notion of indigenous rights. In recent years, however, thishas changed. The emergence of indigenous rights in international law finally may be upon us. At the very least, the language of both international instruments and certain court decisions has... |
2007 |
| Michael Matthews |
City of Sherrill V. Oneida Indian Nation: Balancing the Correction of Historical Wrongs with the Convenience of Ignoring Them |
32 Oklahoma City University Law Review 169 (Spring 2007) |
The Supreme Court's decision in City of Sherrill v. Oneida Indian Nation has dramatically altered the legal landscape against which [courts] consider [Indian land] claims. Such was the comment from the Second Circuit as it relied on Oneida to reverse a judgment of $248 million previously awarded the Cayuga Indian Nation. In Oneida, the United... |
2007 |
| Russell A. Miller |
Collective Discursive Democracy as the Indigenous Right to Self-determination |
31 American Indian Law Review 341 (2006-2007) |
There are radically conflicting perspectives on indigenous peoples' right to self-determination in international law. On one hand, indigenous advocates regard self-determination as a (if not the) fundamental and non-negotiable element of the international law regime concerned with indigenous rights. On the other hand, many states, including some of... |
2007 |
| Mary Ann King |
Co-management or Contracting? Agreements Between Native American Tribes and the U.s. National Park Service Pursuant to the 1994 Tribal Self-governance Act |
31 Harvard Environmental Law Review 475 (2007) |
The 1994 Tribal Self-Governance Act (TSGA) provides a mechanism for transferring authority over federal programs, including the management of federal land, to Indian tribes. The TSGA permits tribes to petition bureaus within the Department of the Interior (DOI) to manage federal programs that are of special geographical, historical, or... |
2007 |
| Megan Lynn Johnson |
Coming Full Circle: the Use of Sentencing Circles as Federal Statutory Sentencing Reform for Native American Offenders |
29 Thomas Jefferson Law Review 265 (Spring 2007) |
In the United States, prosecuting Native American offenders with punitive criminal sentences is inappropriate because tribal sentences emphasize restorative justice instead of harsh punishments. High incarceration and recidivism rates result from applying rigid federal sentencing rules to American Indian cases, because the underlying problem is... |
2007 |
| Jake J. Allen |
Conducting Embryonic Stem Cell Research on Native Lands in Michigan |
11 Michigan State University Journal of Medicine & Law 395 (Summer, 2007) |
C1-3Table of Contents Introduction. 396 I. The Science and Importance of Stem Cell Research. 398 A. What Is a Stem Cell?. 398 B. How Are Stem Cells Obtained?. 399 C. Why Scientists Are Not Satisfied With Use of the Existing Federally Funded Embryonic Stem Cell Lines. 400 D. Why Scientists Are Not Satisfied with Just the Use of Adult and Cord Stem... |
2007 |
| Hon. Gaylen L. Box , Magistrate Judge Sixth Judicial District |
Crow Dog: Tribal Sovereignty & Criminal Jurisdiction in Indian Country |
50-MAY Advocate 13 (May, 2007) |
Crow Dog really started something on that hot dusty August afternoon in the Dakota Territory in 1881. The Sioux Nation had been fractured by the United States and its members scattered among various reservations. Just outside the Rosebud Indian Agency on the Great Sioux Reservation, Crow Dog shot and killed Spotted Tail, a Brule Sioux chief.... |
2007 |
| George P. Generas, Jr. and Karen Gantt |
Current Status of Compensation for Native American Property Takings |
36 Real Estate Law Journal 27 (Summer 2007) |
When asked what the Indians called America before the coming of the white man, an Indian said simply ours'. Vine Deloria, Jr. The purpose of this paper is to provide a basic understanding of Indian land claims in the eastern states and the current status of such cases as a result of the most recent opinions of the United States Supreme Court.... |
2007 |
| |
Detailed Discovery |
26 No.3 Legal Management 79 (May/June, 2007) |
Wave Software recently launched Trident LITE, free software that allows users to convert loose MSG files to PST for review as well as extract out MSG files. Users can output TXT, HTML, and 22 fields of metadata, and optionally save out attachments, all while preserving all folders and chain of custody. Trident LITE is developed from components of... |
2007 |
| Thomas Agnello |
Diversionary Tactics: Little Traverse Bay Bands of Odawa Indians V. Great Springs Waters of America, Inc., the Feared Inadequacy of Current Great Lakes Water Diversion Enforcement Mechanisms, and the Great Lakes Annex |
25 Wisconsin International Law Journal 135 (Spring 2007) |
On December 13, 2005, the governors of the eight Great Lakes states and the premiers of the two Canadian Great Lakes provinces convened in Milwaukee to sign the historic Great Lakes Charter Annex Implementing Agreements (Annex). The Annex seeks to preserve Great Lakes water--a non-renewable natural resource that replenishes less than 1 percent of... |
2007 |
| E. Budd Simpson |
Doing Business with Alaska Native Corporations |
16-AUG Business Law Today 37 (July/August, 2007) |
Alaska Native Corporations (ANCs) are unique business institutions that present an interesting array of opportunities for U.S. and international transactions. ANCs take the place of traditional tribal organizations but are structured like modern business corporations. They are 100 percent minority owned (Native American/Alaska Native), which... |
2007 |
| Timothy R. Hurley |
Elevating Form over Substance at the Expense of Indian Sovereignty [Wagnon V. Prairie Band Potawatomi Nation, 126 S. Ct. 676 (2005)] |
46 Washburn Law Journal 453 (Winter 2007) |
An unlimited power to tax involves, necessarily, a power to destroy. When the Europeans discovered America in 1492, five million people in 600 Indian tribes already inhabited the area now known as the United States. Each tribe had its own language and government and considered itself a distinct sovereign entity. Sovereignty is the force or power... |
2007 |
| Sierra M. Jefferies |
Environmental Justice and the Skull Valley Goshute Indians' Proposal to Store Nuclear Waste |
27 Journal of Land, Resources, and Environmental Law 409 (2007) |
This Note considers the application of various understandings of environmental justice to the recent defeat of the Skull Valley Goshutes' proposal to store high level nuclear waste on their reservation. Although opponents of the proposal framed the issue as a case of environmental racism inflicted on a poor tribe, first by the federal government... |
2007 |
| Melody Kapilialoha MacKenzie, Susan K. Serrano, Koalani Laura Kaulukukui |
Environmental Justice for Indigenous Hawaiians: Reclaiming Land and Resources |
21-WTR Natural Resources & Environment 37 (Winter, 2007) |
Hnau ka 'ina, hnau ke ali'i, hnau ke kanaka. Born was the land, born were the chiefs, born were the common people. Mary Kawena Pukui, lelo No'eau, Hawaiian Proverbs & Poetical Sayings 56 (1983). So begins an ancient proverb that describes the inseparable spiritualand genealogicalconnection between Native Hawaiians and their land and... |
2007 |
| J. Mijin Cha |
Environmental Justice in Rural South Asia: Applying Lessons Learned from the United States in Fighting for Indigenous Communities' Rights and Access to Common Resources |
19 Georgetown International Environmental Law Review 185 (Winter, 2007) |
C1-3Contents I. Introduction. 186 II. The Beginning of Environmental Justice: A Fight Against Environmental Racism. 188 A. Emergence of Race in Environmental Discussions. 189 B. Characteristics of the Environmental Justice Movement. 190 C. The Importance of Movement Inclusivity and Diversity of Tools Used to Achieve Environmental Justice. 192 III.... |
2007 |
| Nathan Speed |
Examining the Interstate Commerce Clause Through the Lens of the Indian Commerce Clause |
87 Boston University Law Review 467 (April, 2007) |
Introduction. 467 I. Early Laws Governing Indian Tribes and Their Justifications. 471 A. Early Uses of the Treaty Clause. 471 B. Early Uses of the Indian Commerce Clause. 472 C. Conclusion to Part I. 478 II. Later Regulations of Indian Tribes: The Major Crimes Act. 479 III. Judicial Review of the Major Crimes Act: Kagama and the Rise of the Plenary... |
2007 |
| D. Michael McBride III |
Fba's Indian Law Section: High-octane Scholarship and Cutting-edge Issues |
54-APR Federal Lawyer 10 (March/April, 2007) |
Wow! The association's Indian Law Section has gone through incredible changesmoving from the longtime stewardship and leadership provided by Lawrence Baca, the godfather of the FBA's Indian Law Section for decades (and deputy director of the Office of Tribal Justice at the U.S. Department of Justice), to newly established bylaws that call for... |
2007 |
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Federal Courts -- Political Question Doctrine -- D.c. Circuit Holds Claims of Harms to Native Inhabitants of the British Indian Ocean Territory Caused by the Construction of a U.s. Military Base Nonjusticiable. -- Bancoult V. Mcnamara, 445 F.3d 427 (D.c. |
120 Harvard Law Review 860 (January, 2007) |
Courts and commentators, struggling to make sense of the murky political question doctrine, have suggested that individual rights cases should be less amenable to dismissal under the doctrine than should cases dealing with structural concerns such as the separation of powers. Whether this consideration is a broad one or is limited to important... |
2007 |
| Bryan H. Wildenthal |
Federal Labor Law, Indian Sovereignty, and the Canons of Construction |
86 Oregon Law Review 413 (2007) |
Introduction: The National Labor Relations Act, Indian Government Employment, and the San Manuel Litigation. 414 I. The Factual and Historical Background of San Manuel and California Indian Gaming. 423 II. San Manuel and the Canons of Construction. 431 A. The NLRA and Government Employers. 431 B. How the Canons Should Apply. 434 C. The NLRB Plays... |
2007 |