| Author | Title | Citation | Summary | Year |
| James Podgers |
Troubled Paradise |
92-AUG ABA Journal 65 (August, 2006) |
Hardly a shot was fired in the 1893 overthrow of Queen Lili'uokalani that triggered Hawaii's transition from a sovereign nation to a U.S. territory and eventually the 50th state. But since then, various coalitions in Hawaii's melting-pot population have skirmished over the question of whether Native Hawaiians should be granted some measure of... |
2006 |
| Jeffrey S. Jacobi |
Two Spirits, Two Eras, Same Sex: for a Traditionalist Perspective on Native American Tribal Same-sex Marriage Policy |
39 University of Michigan Journal of Law Reform 823 (Summer 2006) |
Recently, several states amended their constitutions to define marriage as only a union between a man and a woman. Many Native American Indian tribal governments thereafter also adopted laws prohibiting homosexual marriages. However, this new policy conflicts with traditional tribal values. This Note shows that historically many tribes accepted and... |
2006 |
| Jeffrey S. Jacobi |
TWO SPIRITS, TWO ERAS, SAME SEX: FOR A TRADITIONALIST PERSPECTIVE ON NATIVE AMERICAN TRIBAL SAME-SEX MARRIAGE POLICY |
39 University of Michigan Journal of Law Reform 823 (Summer 2006) |
Recently, several states amended their constitutions to define marriage as only a union between a man and a woman. Many Native American Indian tribal governments thereafter also adopted laws prohibiting homosexual marriages. However, this new policy conflicts with traditional tribal values. This Note shows that historically many tribes accepted and... |
2006 |
| |
U.s. Navy Captures Suspected Pirates in Indian Ocean near Somalia |
100 American Journal of International Law 487 (April, 2006) |
According to reports from the U.S. Navy and the U.S. Central Command, in January 2006 the U.S. guided missile destroyer USS Winston S. Churchill seized a vessel suspected of piracy, its Somali crew, and sixteen Indian sailors believed to be hostages in the Indian Ocean, approximately fifty miles off the eastern coast of Somalia. The alleged pirates... |
2006 |
| John D. Smelcer |
Using International Law More Effectively to Secure and Advance Indigenous Peoples' Rights: Towards Enforcement in U.s. and Australian Domestic Courts |
15 Pacific Rim Law & Policy Journal 301 (February, 2006) |
Over the past three decades, indigenous peoples have effected a remarkable redefinition of their status and rights under international law, giving rise to an emerging distinct customary international law of indigenous peoples' rights. Though that process is ongoing, the next critical step is enforcing these congealing rights at home in... |
2006 |
| Professor Rebecca Anita Tsosie |
What Does it Mean to "Build a Nation"? Re-imagining Indigenous Political Identity in an Era of Self-determination |
7 Asian-Pacific Law and Policy Journal 38 (Winter, 2006) |
I am so pleased and honored to be part of this Symposium on Protecting Indigenous Identities: Struggles & Strategies Under International and Comparative Law. I want to extend my deepest thanks and appreciation to Dean Aviam Soifer, Professor Mark Levin, Professor Jonathan Osorio and all of the members of the Asian-Pacific Law & Policy Journal for... |
2006 |
| Marina L. Whelan |
What, If Any, Are the Ethical Obligations of the U.s. Patent Office?: a Closer Look at the Biological Sampling of Indigenous Groups |
2006 Duke Law & Technology Review 14 (5/17/2006) |
The patenting of biological resources collected from indigenous groups has become a controversial trend. Two U.S. patents in particular, one claiming a cell-line from a 26-year old Guayami woman and one claiming a leukemia virus from a Hagahai man in Papua New Guinea, demonstrate just how volatile this issue has become. This iBrief examines how, in... |
2006 |
| Gloria Valencia-Weber , Sherri Nicole Thomas |
When the State Bar Exam Embraces Indian Law: Teaching Experiences and Observations |
82 North Dakota Law Review 741 (2006) |
I. INTRODUCTION. 743 II. UNIVERSITY OF NEW MEXICO'S HISTORY AND INDIAN LAW IN LAW SCHOOL CURRICULUM. 743 A. University of New Mexico Pioneering in 1967: Establishing the Pre-Law Summer Institute. 743 B. Putting Indian Law in the Mainstream Curriculum. 745 III. PUTTING INDIAN LAW INTO THE NEW MEXICO STATE BAR EXAM. 749 A. The New Mexico Bar Project... |
2006 |
| Eileen Kaufman |
Women and Law: a Comparative Analysis of the United States and Indian Supreme Courts' Equality Jurisprudence |
34 Georgia Journal of International and Comparative Law 557 (Spring, 2006) |
Gender inequality has a long and pervasive history in both the United States and India. Not surprisingly, the Constitutions of both countries guarantee equality before the law: India's Constitution explicitly mandates equality for women, whereas the U.S. Constitution guarantees equal protection of the law without any explicit designation of the... |
2006 |
| Erin Patrick Lyons |
"GIVE ME A HOME WHERE THE BUFFALO ROAM": THE CASE IN FAVOR OF THE MANAGEMENT-FUNCTION TRANSFER OF THE NATIONAL BISON RANGE TO THE CONFEDERATED SALISH AND KOOTENAI TRIBES OF THE FLATHEAD NATION |
8 Journal of Gender, Race and Justice 711 (Winter 2005) |
The Flathead Indian Reservation sits on over one million acres of wooded mountains and tranquil valleys carved out of beautiful Montana ranch land just west of the Continental Divide. The reservation's landscape is idyllic. There are mountains, ponderosa pine, rivers, streams, and lakes, including Flathead Lake, the largest natural freshwater lake... |
2005 |
| Philip P. Frickey |
(Native) American Exceptionalism in Federal Public Law |
119 Harvard Law Review 431 (December, 2005) |
I. Introduction: American Exceptionalism, Nation-Building, and Nations Subordinated. 433 II. Exceptionalism in Foundational Federal Indian Law. 437 A. Tribes as Domestic Dependent Nations. 437 B. Exclusion of State Authority. 438 C. Reserved Rights and Canons of Interpretation. 439 D. Unilateral Congressional Power over Indian Affairs?. 440 1.... |
2005 |
| |
30th Annual Indian Law Conference |
52-APR Federal Lawyer 36 (March/April, 2005) |
Thirty years. Thirty years of struggle and triumph. 2005 marks the 30th anniversary of the FBA Indian Law Conference. With humble beginnings and soaring ideals, the FBA Indian Law Conference has become an integral part of the legal landscape for practitioners, law students, and the many others who have joined the battle to preserve tribal rights,... |
2005 |
| Hope M. Babcock |
A CIVIC-REPUBLICAN VISION OF "DOMESTIC DEPENDENT NATIONS" IN THE TWENTY-FIRST CENTURY: TRIBAL SOVEREIGNTY RE-ENVISIONED, REINVIGORATED, AND RE-EMPOWERED |
2005 Utah Law Review 443 (2005) |
I. Introduction. 444 II. Sovereignty. 448 III. Tribal Sovereignty. 455 A. Sources of Tribal Sovereignty. 457 1. Treaties. 457 2. Inherent Sovereignty. 469 B. The Shifting Tectonic Plates of Tribal Sovereignty. 485 1. The Importance of Tribal Land. 486 2. Debilitating Judicial Doctrines. 497 3. Tribal Sovereignty Today: A Glass Half Full or Half... |
2005 |
| Olympia Duhart |
A Native Son's Defense: Bigger Thomas and Diminished Capacity |
49 Howard Law Journal 61 (Fall 2005) |
What happens to a dream deferred? Does it dry up like a raisin in the sun? Or fester like a sore -- And then run? Does it stink like rotten meat? Or crust and sugar over -- like a syrupy sweet? Maybe it just sags like a heavy load. Or does it explode? Alone in a bedroom with a drunk, young white woman, Bigger Thomas panics as he senses the approach... |
2005 |
| Elizabeth Kolsky |
A Note on the Study of Indian Legal History |
23 Law and History Review 703 (Fall, 2005) |
In his commentary, The Historiography of Difference, Kunal Parker hits on two crucial and interrelated themes that form the framework for debates in modern South Asian history: colonialism and subaltern agency. In this short response to Parker's comment, I address both of these issues and also offer some insights about methodological obstacles in... |
2005 |
| Kristen A. Carpenter |
A Property Rights Approach to Sacred Sites Cases: Asserting a Place for Indians as Nonowners |
52 UCLA Law Review 1061 (April, 2005) |
Although the Free Exercise Clause prohibits governmental interference with religion, American Indians have been unsuccessful in challenging government actions that harm tribal sacred sites located on federal public lands. The First Amendment dimensions of these cases have been well studied by scholars, but this Article contends that it is also... |
2005 |
| Erik B. Bluemel |
Accommodating Native American Cultural Activities on Federal Public Lands |
41 Idaho Law Review 475 (2005) |
In recent years significant indigenous peoples' movements have arisen in many countries throughout the world. This international indigenous politicization has made it easy to overlook the plight of indigenous peoples, or Indians, within United States boundaries. The colonization of Native American lands in the United States has resulted in the... |
2005 |
| Alan E. Brown |
Ace in the Hole: Land's Key Role in Indian Gaming |
39 Suffolk University Law Review 159 (2005) |
Take a Chance, Make it Happen Pop the Cork, Fingers Snappin' Spin the Wheel, Round and Round We Go Life is Good, Life is Sweet Grab Yourself a Front Row Seat Let's Meet and Have a Ball Let's Live for the Wonder of it All Meet me at Foxwoods! Indian gaming is big business. In 2004, Indian gaming facilities grossed over $19.4 billion and, since... |
2005 |
| Paul V.M. Flesher |
Administration of Native American Sacred Space on Federal Land: the Approach of "Equal Treatment" |
28-DEC Wyoming Lawyer 28 (December, 2005) |
One of the ongoing challenges in Wyoming has been balancing the rights of Native American citizens with those of the non-native population. In recent decades, the focus has been on how to accommodate the desire of American Indians to worship at traditional sacred sites. The most well-known of these sites have been Devils Tower and the Big Horn... |
2005 |
| Winnifred Sullivan |
Advocating Religion on Public Lands: Native American Practice or Buddhist Sermon? |
39 Law and Society Review 689 (September, 2005) |
Lloyd Burton's Worship and Wilderness is a multifaceted book. It is at once a critique of the U.S. constitutional religious free exercise doctrine, a plea for environmental stewardship, a cry for justice for native peoples, and a Buddhist sermon. Sometimes these various facets are in tension with one another. Indeed, that is the attraction of this... |
2005 |
| Jessica Lynn Clark |
Afge V. United States: the D.c. Circuit's Preferential Treatment of the Native American Preference in Government Contract Awards |
34 Public Contract Law Journal 379 (Winter, 2005) |
I. Introduction. 380 II. Background. 381 A. Statutory Background. 381 1. 2000 Department of Defense Appropriations Act Section 8014(3). 381 2. Small Business Act Section 8(a). 381 3. Federal Acquisition Regulation Subchapter D. 382 B. Federal Indian Law. 382 C. Key Case Law Precedent. 383 1. Morton v. Mancari. 384 2. Washington v. Confederated... |
2005 |
| Stephen Colt |
Alaska Natives and the "New Harpoon": Economic Performance of the Ancsa Regional Corporations |
25 Journal of Land, Resources, and Environmental Law 155 (2005) |
Why do some countries (or regions) grow rich, while others remain poor? This is the central question asked by students of economic development. Lacking the ability to conduct controlled experiments, social scientists must draw inferences from such natural experiments as history provides. The Alaska Native Claims Settlement Act of 1971 (ANCSA) is... |
2005 |
| Ezra Rosser |
Ambiguity and the Academic: the Dangerous Attraction of Pan-indian Legal Analysis |
119 Harvard Law Review Forum 141 (December, 2005) |
Professor Philip Frickey's insightful (Native) American Exceptionalism in Federal Public Law eloquently calls upon the Court to reject the siren of seeming coherence; yet his academic tour de force ironically rests upon the same false synthesis and simplification of the varied tribal experiences into a shared set of digestible legal categories.... |
2005 |
| William F. Bacon |
American Indian Gaming in Idaho |
48-JAN Advocate 14 (January, 2005) |
Many years ago the federal government realized it could not honor its financial obligations to tribes made in treaties, and that its efforts to do so have provided a legacy of poverty. These failings are reflected in Idaho today. Unemployment on Indian reservations in Idaho can exceed 70%. More than 50% of Indians living on reservations in Idaho... |
2005 |
| |
American Indian Law -- Tribal Court Civil Jurisdiction -- Ninth Circuit Holds That Tribal Courts Lack Subject Matter Jurisdiction over Products Liability Suits Arising on Tribal Land. -- Ford Motor Co. V. Todecheene, 394 F.3d 1170 (9th Cir. 2005) |
118 Harvard Law Review 2469 (May, 2005) |
For the last seventy years, federal courts have struggled to determine the appropriate scope of American Indian tribal courts' jurisdiction in view of competing state interests. Since Congress passed the Indian Reorganization Act of 1934 --which reversed the prior federal policy of aggressive allotment and assimilation and instead sought to... |
2005 |
| Clay R. Smith |
American Indian Tribes and the Constitution |
48-JAN Advocate 19 (January, 2005) |
Almost 120 years ago in United States v. Kagama, the Supreme Court described the relationship of Indian tribes to the United States as an anomalous one, and of a complex character. The issue in Kagama was Congress' authority to enact what is now known as the Major Crimes Act. In the course of concluding that Congress possessed the requisite... |
2005 |
| Lawrence R. Baca |
American Indians, the Racial Surprise in the 1964 Civil Rights Act: They May, More Correctly, Perhaps, Be Denominated a Political Group |
48 Howard Law Journal 971 (Spring 2005) |
In one of the most seminal cases involving American Indians, the Supreme Court determined whether cases involving Native Americans have original jurisdiction in the U.S. Supreme Court because Indian tribes are constitutionally mandated foreign states. The opinion authored by Chief Justice Marshall, declared that American Indian tribes were not... |
2005 |
| Kirk Albertson |
Applying Twenty-five Years of Experience: the Iowa Indian Child Welfare Act |
29 American Indian Law Review 193 (2004-2005) |
Let us put our minds together and see what kind of life we can build for our children. -Sitting Bull, Hunkpapa Sioux On May 30, 2003, Iowa Governor Tom Vilsack signed into law the Iowa Indian Child Welfare Act. The purpose of the Act is to supplement the Federal Indian Child Welfare Act of 1978 (ICWA), which provides minimum federal standards for... |
2005 |
| John J. Goodman |
Arizona V. California Iii: Res Judicata, Collateral Estoppel, and Indian Water Rights |
19 Journal of Natural Resources & Environmental Law 273 (2004-2005) |
Arizona v. California involved the latest chapter in the nearly fifty year dispute between the Quechan Indian Tribe and several western states over water rights to the Colorado River. Descending from the Rocky Mountains, the river travels southwest through Colorado, Utah, and Arizona, taking in tributaries from Wyoming, Nevada, and New Mexico... |
2005 |
| Larry echohawk |
Balancing State and Tribal Power to Tax in Indian Country |
14-JAN Journal of Multistate Taxation and Incentives 22 (January, 2005) |
Neither state nor tribal governments should unilaterally impose taxes without carefully studying whether proposed new taxes are reasonably necessary to provide essential governmental services to the affected community. The 57th Idaho Legislature faced the daunting task of balancing a state budget suffering from a $200 million shortfall in revenue... |
2005 |
| David Selden, Monica Martens |
Basic Indian Law Research Tips--part I: Federal Indian Law |
34-MAY Colorado Lawyer 43 (May, 2005) |
Justice William C. Canby, Jr., in American Indian Law in a Nutshell, defines federal Indian law as the law dealing with the status of the Indian tribes and their special relationship to the federal government, with all of the attendant consequences for the tribes and their members, the states and their citizens, and the federal government. Indian... |
2005 |
| David Selden, Monica Martens |
Basic Indian Law Research Tips--part Ii: Tribal Law |
34-AUG Colorado Lawyer 115 (August, 2005) |
This two-part article seeks to provide practical tips for researchers of Indian law. Part I of this article, which was published in the May 2005 issue, focused on federal Indian law research. This Part II covers tribal law research. In 1997, U.S. Supreme Court Justice Sandra Day O'Connor made a reference to the importance of tribal law, stating:... |
2005 |
| William Bradford |
Beyond Reparations: an American Indian Theory of Justice |
66 Ohio State Law Journal L.J. 1 (2005) |
It is perhaps impossible to overstate the magnitude of the human injustice perpetrated against American Indian people: indeed, the severity and duration of the harms endured by the original inhabitants of the U.S. may well rival those suffered by any other group past or present, domestic or international. While financial reparations for certain... |
2005 |
| Stacy L. Leeds |
BY EMINENT DOMAIN OR SOME OTHER NAME: A TRIBAL PERSPECTIVE ON TAKING LAND |
41 Tulsa Law Review 51 (Fall 2005) |
Private Property . . . is a Creature of Society, and is subject to the Calls of that Society, whenever its Necessities shall require it, even to its last Farthing. Benjamin Franklin Throughout the United States there is a backlash to recent eminent domain decisions. People are dismayed their government has the power to force landowners to surrender... |
2005 |
| Von Russell Creel |
Challenge and Opportunity: the First Year of the United States Court for the Indian Territory |
30 Oklahoma City University Law Review 295 (Summer 2005) |
As discussed in a previous article, the legislation creating the United States Court for the Indian Territory was signed by President Grover Cleveland in the waning days of his first administration. Cleveland was succeeded March 4, 1889, as the nation's chief executive by Benjamin Harrison of Indiana. Harrison quickly called a special session of... |
2005 |
| Milka Castro Lucic, Universidad de Chile |
Challenges in Chilean Intercultural Policies: Indigenous Rights and Economic Development |
28 PoLAR: Political and Legal Anthropology Review 112 (May, 2005) |
The article analyzes the effects of social, economic, and political changes that the Chilean nation has imposed on indigenous people in the last thirty years. The politics of the socialist governments, the military dictatorship, and the Concertación de Partidos por la Democracia coalition have marked advances and setbacks in the fight for the... |
2005 |
| Caryn Trombino |
Changing the Borders of the Federal Trust Obligation: the Urban Indian Health Care Crisis |
8 NYU Journal of Legislation and Public Policy 129 (2004-2005) |
Lured by the promise of jobs, education, and economic security, an estimated 100,000 to 160,000 American Indians moved off reservations and into urban areas between 1953 and 1972 via the urban relocation efforts of Commissioner of Indian Affairs Dillon Myer. Native Americans slowly but steadily migrated from rural reservations to urban areas... |
2005 |
| Sarah Krakoff |
City of Sherrill V. Oneida Indian Nation of New York: a Regretful Postscript to the Taxation Chapter in Cohen's Handbook of Federal Indian Law |
41 Tulsa Law Review Rev. 5 (Fall 2005) |
It is a tough time to be teaching American Indian law. As a professor, one tries to maintain at least some semblance of respect for the various branches of government, hoping to encourage serious examination of divisive issues of law and policy. Yet, I know I am not alone in trying desperately to avoid lapsing into unseemly cynicism, bordering on... |
2005 |
| David S. Case |
Commentary on Sovereignty: the Other Alaska Native Claim |
25 Journal of Land, Resources, and Environmental Law 149 (2005) |
The Alaska Native Claims Settlement Act (ANCSA or Claims Act) ignored the Alaska Native claim to sovereignty. It is not clear why, but it is clear that Congress simply did not deal with the issue in the 1971 settlement. The word tribe is used only once in ANCSA and then only as part of the definition of Native village. The extinguishment of... |
2005 |
| Leslie Sturgeon |
Constructive Sovereignty for Indigenous Peoples |
6 Chicago Journal of International Law 455 (Summer 2005) |
Elaborating on current understandings of sovereignty seems, on its face, to be an exercise in futility. Although several international documents address the question of who is entitled to status as a sovereign entity, a realistic approach suggests that the only rights guaranteed to a would-be sovereign entity are those that it can back by force... |
2005 |
| Rachana Desai |
Copyright Infringement in the Indian Film Industry |
7 Vanderbilt Journal of Entertainment Law & Practice 259 (Spring, 2005) |
On July 7, 1896, India's first cinematographic film was shown in Mumbai. Today, India's mammoth film industry produces more movies than any other country in the world and employs over two million people. In 2001, India's entertainment industry (which includes film, music, television, radio and live entertainment) was one of the fastest growing... |
2005 |
| Yanira Reyes Gil |
Critical Conversations on Nationalism, Self-determination, Indigenous People, Globalization and Colonialism: Reflections on the South-north Exchange, 2004 & 2005 |
17 Florida Journal of International Law xiii (December, 2005) |
The relationship between the South and the North is complicated, problematic, conflictive, and unequal. But it can also be creative, dynamic, insightful, and, ideally, respectful. The reasons for these adjectives are many, most of them related to sentiments of historical distrust and resentment caused by years, centuries of colonialism,... |
2005 |
| Charles H. Wilson III |
Cropped Ears from Bruised Pride--the Early Law of Adultery among Creek Indians |
13 Journal of Southern Legal History Hist. 1 (2005) |
William Bartram, a naturalist traveling in the Southeastern United States during the eighteenth century, recorded many fascinating observations involving flora and fauna. However, his most gripping narrative involved the birds and the bees. Bartram's friend, Mr. T_y, trader of Mucclasse, a Creek Indian village in present-day Elmore County,... |
2005 |
| Jeremy Firestone , Jonathan Lilley , Isabel Torres de Noronha |
Cultural Diversity, Human Rights, and the Emergence of Indigenous Peoples in International and Comparative Environmental Law |
20 American University International Law Review 219 (2005) |
A fundamental change is occurring in the way indigenous peoples' rights, aspirations, and knowledge influence international environmental law. Whereas historically, international environmental law was state-centered and did not concern the rights and the role of indigenous communities regarding environmental issues, recently a number of debates... |
2005 |
| S. James Anaya |
Divergent Discourses about International Law, Indigenous Peoples, and Rights over Lands and Natural Resources: Toward a Realist Trend |
16 Colorado Journal of International Environmental Law and Policy 237 (Spring 2005) |
In this article renowned scholar S. James Anaya analyzes the divergent assessments of international law's treatment of indigenous peoples' demands to lands and natural resources. The author explores several strains of arguments that have been advanced within this debate, including state-centered arguments and human rights-based arguments. The... |
2005 |
| Dana Smith |
Doctrinal Anachronism?: Revisiting the Practicably Irrigable Acreage Standard in Light of International Law for the Rights of Indigenous Peoples |
22 Arizona Journal of International & Comparative Law 691 (Fall, 2005) |
If one may mark the turn of the 20th century by the massive expropriation of Indian lands, then the turn of the 21st century is the era when the Indian tribes risk the same fate for their water resources. The year 2008 will mark the 100th anniversary of the Winters v. United States decision and its implicit promise to protect the water resource... |
2005 |
| Mark J. Cowan |
Double Taxation in Indian Country: Unpacking the Problem and Analyzing the Role of the Federal Government in Protecting Tribal Governmental Revenues |
2 Pittsburgh Tax Review 93 (Spring, 2005) |
When the white man discovered this country Indians were running it. No taxes, no debt . . . . White man thought he could improve on a system like this. We have how many taxes? Makes you want to vote Republican. The taxation of business conducted on American Indian reservations is complex, confusing, and, at times, unpredictable. There are at... |
2005 |
| Alex Tallchief Skibine |
Dualism and the Dialogic of Incorporation in Federal Indian Law |
119 Harvard Law Review Forum 28 (December, 2005) |
Since 1975, the Court's record on Indian issues has not been favorable to Indian tribes, to say the least. The Court has systematically limited the inherent sovereign powers possessed by tribes, while at the same time increasing the power states can exercise within Indian reservations. Professor Frickey argues that in the last thirty years, the... |
2005 |
| Kevin J. Worthen |
Eagle Feathers and Equality: Lessons on Religious Exceptions from the Native American Experience |
76 University of Colorado Law Review 989 (Fall 2005) |
The legality and propriety of exempting religiously motivated conduct from otherwise applicable legal norms is the subject of ongoing scholarly, judicial, and legislative debate. The issue is particularly thorny when it arises in a legal system deeply committed to the concept of equality. The Eagle Protection Act, which exempts Native Americans... |
2005 |
| Francis Paul Prucha, S.J. |
Education of American Indians in the Age of Brown V. Board of Education |
89 Marquette Law Review 87 (Fall 2005) |
I have been asked to comment briefly on the impact of Brown v. Board of Education upon the American Indians. The Indians, after all, can be considered a minority within the nation who have faced discrimination and oppression and who, in some ways, have a history parallel to that of African Americans. We may be forgiven if we are tempted to ask in... |
2005 |