| Author | Title | Citation | Summary | Year |
| |
Energy Facilites and Siting |
2005 ABA Environment, Energy, and Resources Law: The Year in Review 178 (2005) |
On August 8, 2005, the Energy Policy Act of 2005 (Energy Policy Act) was signed into law by President Bush. A summary of some key provisions relating to energy facilities and siting is provided below. Among the key challenges that Congress sought to address in the Energy Policy Act were the difficulties associated with siting of high-voltage... |
2005 |
| S. James Anaya, University of Arizona, Rogers College of Law |
European Conquest and the Rights of Indigenous Peoples: the Moral Backwardness of International Society. By Paul Keal. Cambridge, New York: Cambridge University Press, 2003. Pp. Ix, 258. Index. $70, £45, Cloth; $26.99, £16.99, Paper |
99 American Journal of International Law 306 (January, 2005) |
European Conquest and the Rights of Indigenous Peoples is one of several recently published works that explore the place of indigenous peoples within international law and politics. Written by Paul Keal, a fellow of the Research School of Pacific and Asian Studies at the Australian National University, it draws upon history, international relations... |
2005 |
| Kristoffer P. Kiefer |
Exercising Their Rights: Native American Nations of the United States Enhancing Political Sovereignty Through Ratification of the Rome Statute |
32 Syracuse Journal of International Law and Commerce 345 (Spring 2005) |
The federal government officially recognizes 562 tribal governments within the United States. Combined, these Native American nations occupy 55.7 million acres of land, which the United States holds in trust for their use. A number of factors, including the size of these tribes, their history, and the complexity of the Native American experience... |
2005 |
| Laverne F. Hill |
Family Group Conferencing: an Alternative Approach to the Placement of Alaska Native Children under the Indian Child Welfare Act |
22 Alaska Law Review 89 (June, 2005) |
The Indian Child Welfare Act establishes a cultural safeguard for Alaska Native children caught up in the child welfare system by requiring professionals to make active efforts toward reunifying the child with family members and their tribe. Complying with this standard has been a challenge because the adversarial system governing the child... |
2005 |
| Kaighn Smith, Jr. |
Federal Courts, State Power, and Indian Tribes: Confronting the Well-pleaded Complaint Rule |
35 New Mexico Law Review Rev. 1 (Winter, 2005) |
In Inyo County v. Paiute-Shoshone Indians, the Supreme Court held that an Indian tribe could not bring an action under 42 U.S.C. § 1983 for damages against county officials for the wrongful execution of a state search warrant on tribal property and for injunctive relief to prevent the officials from executing additional threatened search warrants.... |
2005 |
| G. William Rice |
Federal Indian Law Cases in the Supreme Court's 2004-2005 Term |
41 Tulsa Law Review 341 (Winter 2005) |
Lesson One: How to enforce a valid contract Lesson Two: How to enforce a void contract The highest responsibility of a judge is to promote confidence in our legal system. When an opinion ignores recent authority . . ., attacks the veracity of prior judicial opinions, and cites inapposite precedent in order to achieve a specific outcome, public... |
2005 |
| George Felos |
Felos on Schiavo |
35 Stetson Law Review Rev. 9 (Fall 2005) |
Thank you all for coming. Thank you, Rebecca, for the introduction. I have twenty minutes to discuss the implications of the Schiavo case! I think it's fair to say that in taking this case, when Mr. Schiavo walked into my office eight years ago, I wouldn't have had the slightest idea that I'd now be standing up here while the case was still... |
2005 |
| Alyssa A. Vegter |
Forsaking the Forests for the Trees: Forestry Law in Papua New Guinea Inhibits Indigenous Customary Ownership |
14 Pacific Rim Law & Policy Journal 545 (April, 2005) |
Illegal logging in the tropical forests of Papua New Guinea is one of the greatest threats to the forests and indigenous people of this island nation. Increasing pressure from the commercial logging industry, legislation that restrains customary ownership, and an unclear legal basis for this ownership subjects the indigenous people of... |
2005 |
| Christine Zuni Cruz |
Four Questions on Critical Race Praxis: Lessons from Two Young Lives in Indian Country |
73 Fordham Law Review 2133 (April, 2005) |
The Critical Race Lawyering Symposium in New York City brings me from Albuquerque, New Mexico. As I travel the day before the symposium, I reflect on the amount of time it will take. I leave Albuquerque at 8:23 a.m. and I am scheduled to arrive in New York City at 4:05 p.m., via Chicago. Given the two-hour time difference between the East Coast and... |
2005 |
| Devon Knowles |
From Chicken to Chignik: the Search for Jury Impartiality in Rural Alaska Native Communities |
37 Columbia Human Rights Law Review 235 (Fall 2005) |
On August 16, 1969, the villagers of Chignik, Alaska had just reached the end of their fishing season and were engaged in a village celebration that, for many, included prolonged and heavy drinking. Prosecutors for the state later alleged that it was in the midst of this celebration that Cloyd Alvarado lured his fourteen-year-old sister-in-law to a... |
2005 |
| Dr. Lisa Strelein |
From Mabo to Yorta Yorta: Native Title Law in Australia |
19 Washington University Journal of Law and Policy 225 (2005) |
In more than a decade since Mabo v. Queensland II's recognition of Indigenous peoples' rights to their traditional lands, the jurisprudence of native title has undergone significant development. The High Court of Australia decisions in Ward and Yorta Yorta in 2002 sought to clarify the nature of native title and its place within Australian property... |
2005 |
| Donald Warne |
Genetics Research in American Indian Communities: Sociocultural Considerations and Participatory Research |
45 Jurimetrics Journal 191 (Winter, 2005) |
Genetics research has the potential to improve health care. American Indians (AIs) suffer from significant health disparities, including significantly higher incidence and prevalence of preventable diseases like diabetes, alcoholism, and their complications. Underfunding of health programs, including the Indian Health Service, and lower... |
2005 |
| Whitney Kerr |
Giving up the "I": How the National Museum of the American Indian Appropriated Tribal Voices |
29 American Indian Law Review 421 (2004-2005) |
On September 21, 2004, the doors of the new National Museum of the American Indian opened to the public. The completed structure took over twenty years of planning, collaborating, developing, fund-raising, and building. Before the museum even opened, however, questions began to arise about the rhetorical messages surrounding the museum. Many... |
2005 |
| Jacqueline Hand |
Government Corruption and Exploitation of Indigenous Peoples |
3 Santa Clara Journal of International Law 262 (2005) |
In Smoke Signals, the first movie written, directed and acted by American Indians, a scene opens early morning in the radio station on the Coeur d'Alene reservation. The announcer, commenting on the fine spring day, says, It's a great day to be indigenous. This statement has often not been the case for tribal peoples world wide, who have often... |
2005 |
| Valerie J. Phillips |
Half-human Creatures, Plants & Indigenous Peoples: Musings on Ramifications of Western Notions of Intellectual Property and the Newman-rifkin Attempt to Patent a Theoretical Half-human Creature |
21 Santa Clara Computer and High Technology Law Journal 383 (January, 2005) |
Introduction. 385 I. Origins of Half-Human Creatures in the Plant Patent and Plant Variety Protection Acts and in the Corresponding Evisceration of the Product of Nature Doctrine. 391 A. The Plant Patent Act of 1930 and the Plant Variety Protection Act of 1970. 392 B. The Product of Nature Doctrine. 397 C. The Ayahuasca Patent Case. 402 D.... |
2005 |
| Carrie A. Martell , Sarah Deer |
Heeding the Voice of Native Women: Toward an Ethic of Decolonization |
81 North Dakota Law Review 807 (2005) |
How often have we heard it reiterated that the destiny of the world depends on woman--that woman is the appointed agent of morality--the inspirer of those feelings and dispositions which form the moral nature of man . . . . The elevation of our race does depend upon the manner in which woman executes this commission. Nor does the destiny of man as... |
2005 |
| Michael A. Scaperlanda |
Human Trafficking in the Heartland: Greed, Visa Fraud, and the Saga of 53 Indian Nationals "Enslaved" by a Tulsa Company |
2 Loyola University Chicago International Law Review 219 (Spring/Summer 2005) |
Modern day slavery is one of the great human rights challenges of our time. Human trafficking is a $7 to $10 billion industry according to U.S. State Department estimates, with between eight-hundred thousand and nine-hundred thousand persons trafficked across international borders annually. Of these, approximately eighteen-thousand to... |
2005 |
| Gerrit B. Smith |
I Want to Speak like a Native Speaker: the Case for Lowering the Plaintiff's Burden of Proof in Title Vii Accent Discrimination Cases |
66 Ohio State Law Journal 231 (2005) |
Discrimination on the basis of a person's foreign accent has been found to be prohibited in certain instances under Title VII of the 1964 Civil Rights Act. With the steady influx of non-native speakers of English into the United States, this area of the law is likely to see an increase in litigation in the coming years. However, more often than... |
2005 |
| Lawrence R. Baca |
Ignore the Man Behind the Curtain: a Brief History of Thirty Years of the Indian Law Conference |
52-APR Federal Lawyer Law. 4 (March/April, 2005) |
And some things that should not have been forgotten were lost. History became legend. Legend became myth. Lord of the Rings: Fellowship of the Ring, opening voice over. I was chair of the association's Indian Law Section for 15 years and chair of the Indian Law Committee before that. I have worked closely with our Indian Law Conference during... |
2005 |
| Paul David Kouri |
In re M.j.j., J.p.l., & J.p.g: the "Qualified Expert Witness" Requirements of the Indian Child Welfare Act |
29 American Indian Law Review 403 (2004-2005) |
The 2003 Oklahoma Court of Civil Appeals decision In re M.J.J., J.P.L., & J.P.G. is one of the more recent Oklahoma Appellate decisions to apply the Indian Child Welfare Act (ICWA). M.J.J. construed amongst other provisions the provisions of the act that require testimony of a qualified expert witness in support of trial court orders placing... |
2005 |
| Prv Raghavan |
Indian Budget 2005-2006 |
16 Journal of International Taxation 44 (November, 2005) |
The Budget drops the tax rate for domestic companies from 35% to 30%, but keeps the rate for foreign companies at 40%. Union Finance Minister P. Chidambaram presented the Union Budget for 2005-2006, the second of the United Progressive Alliance (UPA) government, on February 28, 2005. The Budget, Bharat Nirman, was conceived as a business plan for... |
2005 |
| Lucus Ritchie |
Indian Burial Sites Unearthed: the Misapplication of the Native American Graves Protection and Repatriation Act |
26 Public Land & Resources Law Review 71 (2005) |
Congress passed the Native American Graves Protection and Repatriation Act (NAGPRA) in part to shield Indian burial sites from desecration caused by federal actions. To date, however, many agencies charged with managing federal lands have refused to comply with the legislation's tribal consultation requirements prior to authorizing activity that... |
2005 |
| Geoffrey D. Strommer , Stephen D. Osborne |
Indian Country and the Nature and Scope of Tribal Self-government in Alaska |
22 Alaska Law Review Rev. 1 (June, 2005) |
Today Alaska Native tribes face one of their most difficult challenges since the days of the Alaska Native Claims Settlement Act (ANCSA). Ever since the United States Supreme Court ruled in Alaska v. Native Village of Venetie Tribal Government, 522 U.S. 520 (1998), that ANCSA largely extinguished Indian country in Alaska, and thus the tribes'... |
2005 |
| Stacie L. Nicholson |
Indian Mascot World Series Tied 1 - 1: Who Will Prevail as Champion? |
29 American Indian Law Review 341 (2004-2005) |
There seems to be a never ending debate over whether the use of the Indian as a team mascot is or is not racist, derogatory, offensive, and/or vulgar (or, as seen by some, all of the aforementioned). What some people view as a harmless representation of a team, others view as a mockery of American Indian culture. Supporters of teams that define... |
2005 |
| Dean B. Suagee |
Indian Tribes and the Clean Water Act |
36 No.3 ABA Trends Trends 4 (January/February, 2005) |
The implementation of the Clean Water Act (CWA) in Indian country continues to lag behind the rest of the country. The CWA is an example of environmental federalism in which the federal government performs some roles while the states perform others and some roles that begin as federal ones but may eventually be taken over by states. Recognizing the... |
2005 |
| Andrew Huff |
Indigenous Land Rights and the New Self-determination |
16 Colorado Journal of International Environmental Law and Policy 295 (Spring 2005) |
Indigenous peoples draw their cultures and livelihoods from their lands. For the past five centuries, States have enacted laws and policies unilaterally depriving indigenous peoples of their lands and marginalizing them in their own countries. Responding to centuries of racism, indigenous peoples have made the case at the United Nations that they... |
2005 |
| Lindsey L. Wiersma |
Indigenous Lands as Cultural Property: a New Approach to Indigenous Land Claims |
54 Duke Law Journal 1061 (February, 2005) |
Over the course of the last several decades, public awareness of the plight of indigenous peoples has grown rapidly, but they are still perhaps the most disadvantaged segment of the world's population. Among the many factors contributing to that ignoble title, indigenous peoples and their advocates have identified their rights to the lands they... |
2005 |
| John Borrows |
Indigenous Legal Traditions in Canada |
19 Washington University Journal of Law and Policy 167 (2005) |
Introductory Context. 167 I. Legal Pluralism in Canada. 174 A. Civil Law Legal Traditions. 184 B. Common Law Legal Traditions. 187 C. Indigenous Legal Traditions. 189 D. The Relationship of Canada's Legal Traditions. 196 II. Entrenching Multi-Juridicalism in Canada. 198 A. ndigenous Governments. 198 B. ndigenous Courts and Dispute Resolution... |
2005 |
| Claudia Lozano |
Indigenous People, Rights, and the State in Argentina |
17 Florida Journal of International Law 603 (December, 2005) |
The discussion on rights, autonomy, and cultural differences has just begun to arise in anthropological thinking and writing about the lives of indigenous people in colonial and postcolonial societies. These discussions take place in different regional, national, and political contexts that have influenced the ways in which anthropologists ask and... |
2005 |
| Lorie Graham , Stephen McJohn |
Indigenous Peoples and Intellectual Property |
19 Washington University Journal of Law and Policy 313 (2005) |
There is a relationship, in the laws or philosophies of indigenous peoples, between cultural property and intellectual property, and [] the protection of both is essential to the indigenous peoples' cultural and economic survival . . . . Michael F. Brown's Who Owns Native Culture? is a thoughtful exploration of the issues raised by intellectual... |
2005 |
| Arthur Manuel , Nicole Schabus |
Indigenous Peoples at the Margin of the Global Economy: a Violation of International Human Rights and International Trade Law |
8 Chapman Law Review 229 (Spring 2005) |
In the 1999 Human Development Report, which uses data from 1996 and 1997, Canada was ranked first among the 174 countries included in the report, and had the highest over all Human Development Index [HDI] score. Calculating HDI scores for Registered Indians, including those living on and off reserve, reveals a substantially lower HDI score for the... |
2005 |
| Jonathan Franklin, Gallagher Law Library University of Washington Seattle, WA USA |
Indigenous Peoples in International Law, 2 Ed. By S. James Anaya. Oxford; New York: Oxford University Press, 2004. Pp. Xi, 396. Isbn 0-19-517350-3. Gb£11.99; Us$24.95 |
33 International Journal of Legal Information 135 (Spring, 2005) |
S. James Anaya's Indigenous Peoples and International Law is a valuable work for scholars, students, and librarians. The author, the James J. Lenoir Professor of Human Rights Law and Policy at the University of Arizona, addresses a dynamic area of international law with concise prose, logical organization, and scholarly annotations. A great... |
2005 |
| James Anaya |
Indigenous Peoples' Participatory Rights in Relation to Decisions about Natural Resource Extraction: the More Fundamental Issue of What Rights Indigenous Peoples Have in Lands and Resources |
22 Arizona Journal of International & Comparative Law L. 7 (Spring, 2005) |
It has become a generally accepted principle in international law that indigenous peoples should be consulted as to any decision affecting them. This norm is reflected in articles 6 and 7 of I.L.O. Convention No. 169, and has been articulated by United Nations treaty supervision bodies in country reviews and in examinations of cases concerning... |
2005 |
| Joji Cariño |
Indigenous Peoples' Right to Free, Prior, Informed Consent: Reflections on Concepts and Practice |
22 Arizona Journal of International & Comparative Law 19 (Spring, 2005) |
Talk delivered to AALS Annual Conference Our topic is one that is debated intensely in many indigenous and grassroots communities around the world, in countries that include the Philippines, Canada, Papua New Guinea, Peru, India, and Australia, in the board rooms of the biggest oil and mining corporations, the World Bank and the International... |
2005 |
| David H. Getches |
Indigenous Peoples' Rights to Water under International Norms |
16 Colorado Journal of International Environmental Law and Policy 259 (Spring 2005) |
In this article, Dean Getches examines the nature of international law as it relates to indigenous water rights and evaluates the kinds of claims that native peoples might assert when they are deprived of access to water. Around the world, indigenous peoples have experienced depletion or pollution of their traditional water sources caused by the... |
2005 |
| Lila Barrera-Hernández |
Indigenous Peoples, Human Rights and Natural Resource Development: Chile's Mapuche Peoples and the Right to Water |
11 Annual Survey of International and Comparative Law L. 1 (Spring, 2005) |
The Mapuche peoples are the third largest indigenous group of South America. Like other indigenous groups whose worldview and customs are at odds with the prevailing western-style socio-economic model, they are often caught between cultural preservation and development. Their struggles are exacerbated in developing countries, like Chile and others... |
2005 |
| Brian Myers |
Indigenous Peoples, the Environment and the Law: an Anthology, Lawrence Watters, Ed. |
17 Georgetown International Environmental Law Review 471 (Spring, 2005) |
Few Western scholars would dispute the Lockeian principle that the legitimacy of the law ultimately derives from the consent of the governed. Closely tied to this concept is the right to self-determination--the freedom of a people to choose their own political, economic and cultural path. Yet, what can be said of the law when it governs over those... |
2005 |
| Sean T. McAllister |
Indigenous Peoples, the Environment, and Law: an Anthology, Edited by Lawrence Watters, Carolina Academic Press, 2004. Pp. 439. |
23 UCLA Journal of Environmental Law & Policy 27 (2005) |
Indigenous peoples, the environment, and the law have long been sources of conflict all over the world. While humanity is struggling to adapt to the increasing homogenization of cultures, economies, and environments, indigenous peoples are threatened in unique ways by globalization, neo-liberalism, economic development, climate change,... |
2005 |
| Nancy Postero, University of California, San Diego |
Indigenous Responses to Neoliberalism: a Look at the Bolivian Uprising of 2003 |
28 PoLAR: Political and Legal Anthropology Review 73 (May, 2005) |
This essay considers the October 2003 uprising in Bolivia, where indigenous and popular sectors mounted protests against neoliberal economic policies for the exploitation of natural gas, forcing the resignation of the president. The essay argues that the protests were a response not only to economic concerns, but also to profound questions about... |
2005 |
| Ángel R. Oquendo |
Indigenous Self-determination in Latin America |
17 Florida Journal of International Law 625 (December, 2005) |
The indigenous people of the Americas (or what is traditionally known as Latin America) have been fighting for their rights for centuries. They have struggled not only to secure, but also to define what they are entitled to. In this effort, they have faced a society that has consistently violated, but ambivalently conceived of their prerogatives.... |
2005 |
| Gabriel S. Galanda |
Insuring Indian Country |
35-FALL Brief 32 (Fall, 2005) |
Indian tribes are no longer merely casino entrepreneurs or cigarette wholesalers. In conjunction with America's largest corporations, Indians are now engaged in real estate development, banking and finance, telecommunications, wholesale and retail trade, and tourism. U.S. tribes have become an economic, legal, and political force to be reckoned... |
2005 |
| Allison Cafer |
Issues of Trust: Resolving Mismanagement of the Indian Trust Fund |
2004 Journal of Dispute Resolution 477 (2005) |
Land has been held in trust by the United States government for Native Americans since Congress enacted the General Allotment Act of 1887. In recent decades the management of the trust accounts has been called into question by the Native American beneficiaries and has resulted in complex litigation. The government has acknowledged that there has... |
2005 |
| Bethany R. Berger |
JUSTICE AND THE OUTSIDER: JURISDICTION OVER NONMEMBERS IN TRIBAL LEGAL SYSTEMS |
37 Arizona State Law Journal 1047 (Winter 2005) |
ABSTRACT: Over the last quarter century, the Court has progressively limited tribal jurisdiction over both non-Indians and Indians who are not members of the tribe. This Article examines these decisions to show that they owe less to established Indian law doctrine than to two assumptions: first, that tribal courts will be unfair to outsiders, and... |
2005 |
| Allison M. Dussias |
Kennewick Man, Kinship, and the "Dying Race": the Ninth Circuit's Assimilationist Assault on the Native American Graves Protection and Repatriation Act |
84 Nebraska Law Review 55 (2005) |
I. Introduction. 56 II. Documenting the Dying Race: Imperial Anthropology Encounters Native Americans. 61 III. Let My People Go: The Native American Graves Protection and Repatriation Act and its Application to the Ancient One. 74 A. Understanding NAGPRA and its Key Goals. 74 B. Parsing the Statute--The Who, What, When, and Where of NAGPRA. 77 1.... |
2005 |
| Erich W. Steinman |
Legitimizing American Indian Sovereignty: Mobilizing the Constitutive Power of Law Through Institutional Entrepreneurship |
39 Law and Society Review 759 (December, 2005) |
Extensive sociolegal scholarship has addressed the utility of law as a mechanism through which marginalized groups may promote social change. Within this debate, scholars employing the legal mobilization approach have thus far highlighted law's indirect impact, beyond the formal arenas of law, via effects on the legal consciousness of reformers... |
2005 |
| Susan Woodrow, Fred Miller |
Lending in Indian Country |
15-DEC Business Law Today 39 (November/December, 2005) |
What happens when American Indians try to get loans? Too often, they are refused. Laws are needed. Many American Indian tribes and nations, tribal entities, Indian-owned businesses located in Indian Country (defined in 18 U.S.C. §1151 essentially as reservations, dependent Indian communities and Indian allotments), and individual Indians living in... |
2005 |
| Kathryn A. Ritcheske |
Liability of Non-indian Batterers in Indian Country: a Jurisdictional Analysis |
14 Texas Journal of Women and the Law 201 (Spring 2005) |
I. Introduction. 202 II. Jurisdictional Framework in Indian Country. 203 A. Jurisdiction over Member Indians. 203 B. Jurisdiction over Non-Indians. 204 1. Criminal. 204 2. Civil. 206 C. Jurisdiction over Nonmember Indians. 208 1. Duro v. Reina. 208 2. Amendment of ICRA. 209 III. Examination of Tribal Codes' Domestic Violence Provisions. 210 A.... |
2005 |
| William D. Wallace |
Lindsay G. Robertson, Conquest by Law: How the Discovery of America Dispossessed Indigenous Peoples of Their Lands, Oxford University Press, 2005 |
29 American Indian Law Review 447 (2004-2005) |
Today the United States is a self-described nation of laws and not men; a beacon of freedom, opportunity, and equality before the law. However, there was a time, during the infancy of the institutions of our republic, when a sentiment of entitlement, a belief in manifest destiny, and conflicting loyalties to state and nation tore at the motives of... |
2005 |
| John C. Kincheloe, University of Connecticut |
Lindsay Robertson. Conquest by Law: How the Discovery of America Dispossessed Indigenous Peoples of Their Lands. New York: Oxford University Press, 2005. Xiii, 239 Pp. $29.95 |
47 American Journal of Legal History 451 (October, 2005) |
A great deal of ink has been spilled in an attempt to understand the emergence and consequences of the Indian Removal Act of 1830. This scholarship focuses on Andrew Jackson's administration, land speculation in Georgia, and the fracturing of the Cherokee Nation. Often neglected is Chief Justice John Marshall's discovery doctrine--that Indians had... |
2005 |
| Anna Moyers |
Linguistic Protection of the Indigenous Sami in Norway, Sweden, and Finland |
15 Transnational Law & Contemporary Problems 363 (Fall 2005) |
I. Introduction. 363 II. The Protection of Linguistic Minorities. 366 III. The Sami in Norway. 368 A. Constitution. 368 B. Language Laws. 370 C. Sami Institutions in Norway. 372 IV. The Sami in Sweden. 373 A. Constitution. 373 B. Language Laws. 374 C. Sami Institutions in Sweden. 375 V. The Sami in Finland. 377 A. Constitution. 377 B. Language... |
2005 |