AuthorTitleCitationSummaryYear
Maher M. Shomali Maryland Native Plant Society V. U.s. Army Corps of Engineers: the Corps of Engineers must Clearly Justify a Decision to Authorize Activity Having Adverse Environmental Effects 12 University of Baltimore Journal of Environmental Law 213 (Spring 2005) In Maryland Native Plant Society v. U.S. Army Corps of Engineers, the U.S. District Court for the District of Maryland held that the U.S. Army Corps of Engineers' (Corps) decision to allow a development project with minimal adverse environmental effects to proceed was arbitrary and capricious. The court remanded the case so that the Corps could... 2005
Robert Laurence Me, Randy Lee and the Susans: an Informal, Mostly Non-legal Essay on the Use of Indian Nicknames for Sports Teams 81 North Dakota Law Review 451 (2005) It was well after I left the University of North Dakota law faculty that I became a fan of the UND women's basketball team. It was easy to do. In the first place, I jumped aboard the bandwagon during the heydays of back-to-back-to-back national championships, the days of Tiffany Pudenz, Jenny Crouse and company, spectacular players and irresistible... 2005
Rob Roy Smith Message from the Indian Law Section Chair 48-JAN Advocate (Idaho) 9 (January, 2005) Indian law is an extraordinarily rich and diverse field of law, presenting many challenges and rewards to the Idaho practitioner. As you read this issue of the Advocate addressing the challenges facing tribes today, I encourage you to reflect on the words of Indian legal scholar Felix Cohen: Like the miner's canary, the Indian marks the shift from... 2005
Susan Staiger Gooding Narrating Law and Environmental Body Politics (In Times of War) in "Indigenous America/america" 39 Law and Society Review 697 (September, 2005) Taking Lawrence Friedman's History of American Law (1985) as his example, Peter Fitzpatrick recently remarked that the near-silence of the majority of scholars of American law and politics on the topic of so-called Indian law and indigenous America is no mere forgetting of one of America's margins. Having traced the ground of modern law to the... 2005
Jeffrey S. Miller Native American Athletes: Why Gambling on the Future Is a Sure Bet 4 Virginia Sports and Entertainment Law Journal 239 (Spring 2005) Introduction. 240 I. The Numerous and Inherent Struggles of Native American Athletes. 242 II. Existing Sports Programs for Native American Athletes Offer a Foundation for Future Athletic Success. 251 III. Involvement and Success in Athletics Provides Numerous and Substantial Benefits to Native American Athletics. 255 IV. Apportioning a Piece of the... 2005
Christian Dennie Native American Mascots and Team Names: Throw Away the Key; the Lanham Act Is Locked for Future Trademark Challenges 15 Seton Hall Journal of Sports and Entertainment Law 197 (2005) I. Introduction. 198 II. Trademark Actions Under the Lanham Act. 202 A. Trademark Cancellation Proceedings. 203 B. Harjo v. Pro-Football, Inc.: The Trademark Trial and Appeal Board Holds that Redskins is Disparaging. 205 C. Harjo v. Pro-Football, Inc.: the District Court Reinstated the Washington Redskins' Trademark. 207 III. Future Challenges.... 2005
  Native American Resources 2005 ABA Environment, Energy, and Resources Law: The Year in Review 252 (2005) Legislation enacted by Congress in 2005 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 lands and resources. A number of acts relating to one or more specific tribes were enacted but are not... 2005
Laura E. Gómez, Ph.D. Off-white in an Age of White Supremacy: Mexican Elites and the Rights of Indians and Blacks in Nineteenth-century New Mexico 25 Chicano-Latino Law Review Rev. 9 (Spring 2005) In their studies of mid-twentieth-century civil rights litigation involving Chicanos, several scholars have reached the conclusion that, in this era, Mexican Americans occupied an ambivalent racial niche, being neither Black nor white. The Supreme Court case Hernandez v. Texas, decided in 1954 during the same term as Brown v. Board of Education, is... 2005
William C. Watt Practicing Indian Law in Tribal Courts 52-APR Federal Lawyer 12 (March/April, 2005) For a tribal attorney, appearing in a tribal court hearing before a tribal-member judge on an important matter affecting the reservation can be a source of honor and pride. A well-run tribal court hearing gives a compelling, practical demonstration of the tribe's right to exercise its sovereignty over the reservation's affairs. Other attorneys who... 2005
Haley M. Peerson Preserving the Nation's Fisheries: Attempts to Take Away What the United States Granted the Indians 12 Missouri Environmental Law & Policy Review 228 (2005) The state of the nation's fisheries has been declining since the government began its regulation in 1976. Many individuals, including co-operatives whose purpose is to assist in the protection of fisheries, place the blame on the allocation given to Indian tribes. In numerous treaties with the Indians, the United States obtained land in return for... 2005
Elizabeth G. Pianca Protecting American Indian Sacred Sites on Federal Lands 45 Santa Clara Law Review 461 (2005) We saw the Great Spirit's work in almost everything: sun, moon, trees, wind, and mountains. Sometimes we approached him through these things. Was that so bad? . . . Indians living close to nature and nature's ruler are not living in darkness. Walking Buffalo, Stoney Tribe A striking feature of American Indian culture is a relationship to the... 2005
Justin Reiner Proud Traditions: Reflections of a Lifelong Washington Redskins Fan on the Harjo Decisions & the Use of Native American Names in Sports 2 Willamette Sports Law Journal L.J. 1 (Spring 2005) It is an abomination that Indians are still perceived by many as heathens and scalp hunters, which is still being helped to be a perpetuated thought due to these symbols and mascots, etc. Other groups of people would not wish their names desecrated in such a fashion. To use the Indian names in such a fashion is irreverent and hinders the cause of... 2005
Kristen A. Carpenter Recovering Homelands, Governance, and Lifeways: a Book Review of Blood Struggle: the Rise of Modern Indian Nations 41 Tulsa Law Review 79 (Fall 2005) When scholars write about Indians and property, they often focus on property losses. This scholarship is, of course, inspired by the staggering dispossession of Indian lands. Between 1492 and 1960, tribes lost most of North America to white settlers and their governments. Charles Wilkinson's new book, Blood Struggle: The Rise of Modern Indian... 2005
Gregory W. Sample Refocusing Professor Gould: the Economic Basis for Restoring Self-government to Maine's Indian Tribes 20 Maine Bar Journal 70 (Spring, 2005) In classic professorial manner, Scott Gould (December song: the waiting game for tribal sovereignty in Maine, Winter, 2005) prompts fresh thought about why the 1980 Maine Indian Claims Settlement Act left the Penobscot and Passamaquoddy tribes well short of national norms for tribal sovereignty. Having unearthed the orderly and sensible... 2005
Joseph William Singer Reply Double Bind: Indian Nations V. the Supreme Court 119 Harvard Law Review Forum F. 1 (December, 2005) [The Indians'] right of occupancy is considered as sacred as the fee simple of the whites. --Justice Henry Baldwin, Mitchel v. United States (1835) Ignoring [two bedrock] principles [of federal Indian law], the Court has done what only Congress may do--it has effectively proclaimed a diminishment of the Tribe's reservation and an abrogation of its... 2005
Amy Gannaway Researching American Indian Law Online 78-JUL Wisconsin Lawyer 20 (July, 2005) LAW DOMINATES INDIAN life in a way not duplicated in other segments of American society, write the editors of a leading treatise on federal American Indian law. Since the American Revolution, American Indian law has evolved into a complex web of treaties, federal statutes and regulations, and federal case law, as well as tribal codes,... 2005
Melissa A. Jamison Rural Electric Cooperatives: a Model for Indigenous Peoples' Permanent Sovereignty over Their Natural Resources 12 Tulsa Journal of Comparative & International Law 401 (Spring 2005) After enduring centuries of a unique form of colonization, the 300-500 million indigenous peoples of the world continue to live as marginalized peoples. One of the most significant and enduring aspects of their marginalization is the deprivation of indigenous control over their land and natural resources. This disruption adversely affects a... 2005
Richard G. McCracken San Manuel Indian Bingo and Casino: Centrally Located in the Broad Perspective of Indian Law 21 Labor Lawyer 157 (Fall, 2005) In San Manuel Indian Bingo & Casino, the National Labor Relations Board decided that it had jurisdiction over business enterprises conducted on reservation lands by Native American tribes. In this case, the business is a casino. The Board held that tribal sovereign immunity did not prevent its assertion of jurisdiction. It reasoned that tribes are... 2005
by Christopher Karns Sherrill, New York 2004-05 Preview of United States Supreme Court Cases 198 (1/10/2005) During the 18th and early 19th centuries, the Oneida Nation lost possession of nearly all of its landholdings in central New York even though, in the 1794 Treaty of Canandaigua, the United States had acknowledged the Oneidas' ownership of the Oneida Reservation and promised that they would be secure in its possession. During the 20th century, the... 2005
Kathryn L. Garner Skokomish Indian Tribe V. United States, 401 F.3d 979 (9th Cir. 2005) (Holding a Treaty Between the United States and an Indian Tribe Does Not Implicitly Reserve Water Rights to the Tribe Beyond the Amount Necessary for the Reservation's Primary Purpose) 8 University of Denver Water Law Review 639 (Spring, 2005) In 2004 the Skokomish Indian Tribe of Washington (Tribe) sought damages from the United States, the City of Tacoma (City), and Tacoma Public Utilities (TPU) for alleged harm caused by the Cushman Hydroelectric Project (Project). The City constructed the Project in 1930, which consisted of two dams and two reservoirs. The Tribe sued the City... 2005
Erin T. Welsh South Florida Water Management District V. Miccosukee Tribe of Indians: Has the U.s. Supreme Court "Opened up the Floodgates" on Federal Regulation of Water Diversion Facilities? 36 Seton Hall Law Review 289 (2005) I. INTRODUCTION. 289 II. DIVERTING THE ISSUES IN MICCOSUKEE. 293 A. The Clean Water Act. 293 B. The Central and South Florida Flood Control Project. 296 C. The Clean Water Act Claims. 297 III. WHAT IS MEANINGFULLY DISTINCT? . 301 A. The Unitary Waters Theory. 301 B. The Unitary Waters Theory's Shortcomings. 306 IV. THE INEVITABLE CONSEQUENCES... 2005
Sarah Deer, Copyright © 2005 Sarah Deer Sovereignty of the Soul: Exploring the Intersection of Rape Law Reform and Federal Indian Law 38 Suffolk University Law Review 455 (2005) This Article is about tribal issues and sexual assault, and it is directed not so much at beyond prosecution as it is beyond jurisdiction. It focuses on an invisible legal challenge in addressing sexual violence. The focus is not on the federal or state system, but rather the third sovereign in this nation, the tribal justice system. There... 2005
Peter Manus Sovereignty, Self-determination, and Environment-based Cultures: the Emerging Voice of Indigenous Peoples in International Law 23 Wisconsin International Law Journal 553 (Fall 2005) Indigenous peoples' collective right to their land and territories is the most controversial of all human rights issues. . . . Control over indigenous lands, water and resources is also by far the issue that gives rise to most violent conflicts and to human rights violations committed by governments, police, mining companies, logging companies,... 2005
Monique Rizer Standing Bear Is a Person: the True Story of a Native American's Quest for Justice by Stephen Dando-collins Da Capo Press, Cambridge, Ma, 2004. 259 Pages, $26.00 52-SEP Federal Lawyer 54 (September, 2005) At the Little Bighorn battlefield in Montana, white grave markers dot the rolling hills, identifying the spots where soldiers were killed. Climbing the hill where Gen. George Custer and his men met their deaths, one has mixed emotions knowing that the Sioux and Cheyenne victory was short-lived and that the Indians paid a heavy price when the U.S.... 2005
Mark A. Ulfig State and Local Tax Exemption of Reacquired Indian Lands: City of Sherrill V. Oneida Indian Nation 51 Wayne Law Review 1629 (Winter 2005) Even though native peoples once exercised dominion over the entire North American continent, today, property owned by Indian tribes represents only a small percentage of land held by private parties within the United States. Over the years, the amount of land owned by Indian tribes diminished as portions of their historic tribal land were claimed... 2005
Emily Kane State Jurisdiction in Idaho Indian Country under Public Law 280 48-JAN Advocate 10 (January, 2005) Throughout the history of the United States, federal policy regarding civil and criminal jurisdiction over Indians has oscillated between endorsing tribal self-determination and emphasizing assimilation and submission to federal law. Until 1953, however, application of state law in Indian country was the exception rather than the rule; tribal or... 2005
Kelly E. W. Grez Stepping onto the Reservation: the National Labor Relations Board's New Approach to Asserting Jurisdiction over Indian Tribes 57 Administrative Law Review 1153 (Fall 2005) Introduction. 1154 I. Background. 1157 A. The NLRB's Regulating Authority. 1157 B. The Board's Prior Treatment of Its Jurisdiction over Tribal Enterprises. 1157 C. San Manuel Indian Bingo & Casino, Yukon Kuskokwim Health Corp., and the Board's New Jurisdictional Approach. 1160 II. Analyzing the New Jurisdictional Approach. 1162 A. The Crux of the... 2005
Steven R. Latterell Stopping the "Savage Indian" Myth: Dealing with the Doctrine of Laches in Lanham Act Claims of Disparagement 80 Indiana Law Journal 1141 (Fall, 2005) Far out on the northern Great Plains, the tension between Euro-American and American Indian culture continues to unfold. In Grand Forks, North Dakota one of the nation's best college hockey teams, the University of North Dakota Fighting Sioux, plays in a newly-constructed hockey palace. Each of the seats in the more than 11,500 person-capacity... 2005
Angela R. Riley Straight Stealing: Towards an Indigenous System of Cultural Property Protection 80 Washington Law Review 69 (February, 2005) Incidents involving theft of indigenous peoples' traditional knowledge and the blatant appropriation of culture have become more widely acknowledged in recent decades. It is now apparent that international, national, and tribal laws must work together to protect the cultural property of indigenous groups. However, tribal law, which... 2005
Aleksandr Shapovalov Straightening out the Backward Legal Regulation of "Backward" Peoples' Claims to Land in the Russian North: the Concept of Indigenous Neomodernism 17 Georgetown International Environmental Law Review 435 (Spring, 2005) C1-3Contents I. Introduction. 435 II. Defining Indigenous Peoples in the Russian Federation. 437 III. Situation Facing Indigenous Peoples of the North of the Russian Federation. 442 IV. Past and Current Russian Legislation Regarding Indigenous Peoples. 447 V. Land, Territories, and Indigenous Peoples of the Russian North. 456 VI. Changing Approach... 2005
Sarah Palmer, Cherie Shanteau, Deborah Osborne Strategies for Addressing Native Traditional Cultural Properties 20-FALL Natural Resources & Environment 45 (Fall, 2005) In the course of implementing federal land management actions a number of laws, such as the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), and the Clean Water Act (CWA), often come in to play. Frequently, management of public land also involves consideration of traditional values and uses of the land by American Indian,... 2005
Elizabeth M. Bakalar Subsistence Whaling in the Native Village of Barrow: Bringing Autonomy to Native Alaskans Outside the International Whaling Commission 30 Brooklyn Journal of International Law 601 (2005) An Eskimo is born to be an Eskimo, and he may talk like the white man (my grandchildren do more and more), but he will never stop being part of our people. We're not just Eskimos anymore. That's what my grandmother told me. At first I didn't know what she meant, but now I do ... (s)he said I'd be lucky if I even remember when I'm older what it... 2005
Joseph William Singer Symposium Foreword: Indian Nations and the Law 41 Tulsa Law Review Rev. 1 (Fall 2005) [The Indians'] right of occupancy is considered as sacred as the fee simple of the whites. Justice Henry Baldwin The United States has always been of two minds about Indian property. On one hand, it has almost never seen Indian lands that it did not covet; on the other hand, the reigning ideology suggested that property rights should be respected.... 2005
Anne Zimmermann Taxation of Indians: an Analysis and Comparison of New Mexico and Oklahoma State Tax Laws 41 Tulsa Law Review 91 (Fall 2005) The field of taxation is one in which conflicts have continually arisen. Taxation involves almost every theory of law that can be imagined from sovereignty to civil jurisdiction, from property rights to special privileges of legislative bodies. In the field of Indian taxation the subject is much more complicated. Taxation involves tribal... 2005
Jessica Barkas Testing the Bomb: Disparate Impacts on Indigenous Peoples in the American West, the Marshall Islands, and in Kazakhstan 13 University of Baltimore Journal of Environmental Law 29 (Fall, 2005) The dawn of the nuclear age allowed the United States to dominate the world by means of a terrible and persistent force of nature. The full fury of nuclear weaponry was first visited upon Hiroshima and Nagasaki in 1945. Those events sparked the subsequent arms race between the United States and Soviet Union, resulting in hundreds of nuclear tests... 2005
Gigi Berardi The Alaska Native Claims Settlement Act (Ancsa)--whose Settlement Was It? An Overview of Salient Issues 25 Journal of Land, Resources, and Environmental Law 131 (2005) Why do we want forty million acres of hunting rights when we've got the whole state? On December 18, 1971, the Alaska Native Claims Settlement Act (ANCSA), was signed into law by Richard M. Nixon. ANCSA provided a federal land settlement extinguishing aboriginal claims to the state's 375 million acres of land and territorial waters by providing... 2005
Heidi Mcneil Staudenmaier , Andrew D. Lynch The Class Ii Gaming Debate: the Johnson Act Vs. The Indian Gaming Regulatory Act 74 Mississippi Law Journal 843 (Winter 2005) This article seeks to accomplish three objectives. First, the issues relative to Class II gaming are analyzed to demonstrate the importance of, and incentive for, Class II gaming. Second, a historical background of relevant statutes, regulations and case law is provided to facilitate understanding of the basic issues involved in Class II gaming.... 2005
Robert J. Miller The Doctrine of Discovery in American Indian Law 42 Idaho Law Review Rev. 1 (2005) The Doctrine of Discovery is an international law principle developed primarily by Spain, Portugal, England, and the Church in the fifteenth and early sixteenth centuries. These entities developed the Doctrine at that particular time to control and maximize European exploration and colonization in the New World and in other lands of non-European,... 2005
Fergus MacKay The Draft World Bank Operational Policy 4.10 on Indigenous Peoples: Progress or More of the Same? 22 Arizona Journal of International & Comparative Law 65 (Spring, 2005) [R]evision of the safeguard policy on indigenous peoples is a fundamental test of the World Bank's commitment to poverty alleviation through sustainable development. Since the early 1980s, the World Bank Group (WBG) has adopted a number of policies -- referred to as safeguard policies -- designed to mitigate harm to indigenous peoples in... 2005
José Almeida Vinueza, Research Scholar, Latin American & Iberian Institute, The University of New Mexico The Ecuadorian Indigenous Movement and the Gutiérrez Regime: the Traps of Multiculturalism 28 PoLAR: Political and Legal Anthropology Review 93 (May, 2005) Multiculturalism, interculturalism, and plurinationalism are central concepts used by the Ecuadorian indigenous movement in its struggle to achieve political, social, and economic justice. However, these same concepts have also been appropriated by the Ecuadorian state, by international development agencies, and even by transnational... 2005
Kevin K. Washburn The Federal Criminal Justice System in Indian Country and the Legacy of Colonialism 52-APR Federal Lawyer 40 (March/April, 2005) The crime rate involving American Indians is soaring, and crime in Indian country may be exacerbated by a system that is designed to address it. In federalizing local crimes that have no national impact, the federal criminal justice system in Indian country creates a host of practical problems that calls into question whether the system is... 2005
Beverly Graleski The Federal Government's Failure to Provide Health Care to Urban Native Americans in Violation of the Indian Health Care Improvement Act 82 University of Detroit Mercy Law Review 461 (Spring 2005) The Indian Health Care Improvement Act (IHCIA) was established in 1976 with the objective of improving the health condition of Native Americans. In 1992, Congress amended the IHCIA to express the policy of the United States to assure the highest possible health status for Indians and urban Indians and to provide all resources necessary to effect... 2005
Ronald Niezen The Indigenous Claim for Recognition in the International Public Sphere 17 Florida Journal of International Law 583 (December, 2005) Among the most problematic and unstable forms of relationships between states or empires and their politically marginalized subjects are those relationships that legally recognize the distinctiveness of dominated peoples without this recognition extending to autonomous, political, or economic power. It might appear to cost dominant powers less, in... 2005
Bartolomé Clavero The Indigenous Rights of Participation and International Development Policies 22 Arizona Journal of International & Comparative Law 41 (Spring, 2005) Under the current international regime, policies that affect indigenous peoples, including those of development assistance and cooperation, are illegitimate if they are negotiated without indigenous participation. Even though the traditional pattern or custom, which instead is one of indigenous exclusion, is still operative in form and substance.... 2005
Marina Hadjioannou The International Human Right to Culture: Reclamation of the Cultural Identities of Indigenous Peoples under International Law 8 Chapman Law Review 201 (Spring 2005) The defence [sic] of cultural diversity is an ethical imperative, inseparable from respect for human dignity. It implies a commitment to human rights and fundamental freedoms, in particular the rights of persons belonging to minorities and those of indigenous peoples. Indigenous peoples across the globe have experienced a severe fragmentation of... 2005
Heidi McNeil Staudenmaier , Metchi Palaniappan The Intersection of Corporate America and Indian Country: Negotiating Successful Business Alliances 22 Thomas M. Cooley Law Review 569 (Michaelmas Term 2005) As a result of the economic boom in American Indian gaming, the number of businesses seeking to engage in transactions with Indian tribes and tribal casinos has increased significantly in recent years. Indeed, some observers view the business of Indian gaming as akin to the Gold Rush of the 1800s in California. The success of tribal gaming is... 2005
Jerry R. Foxhoven The Iowa Indian Child Welfare Act: Clarification and Enhancement of the Federal Act 54 Drake Law Review 53 (Fall 2005) I. Introduction. 53 II. The Applicability of the Act. 56 A. Type of Proceeding. 56 B. Status of the Child. 57 III. The Notice Requirement. 63 IV. The Rights of the Parties. 66 V. Transfer of Proceedings. 66 VI. Intervention. 68 VII. Evidentiary Requirements. 68 VIII. Placement Preferences. 72 IX. Conclusion. 75 In 1978 the United States Congress... 2005
Matthew L.M. Fletcher The Legal Fiction of the Lake Matchimanitou Indian School 13 American University Journal of Gender, Social Policy and the Law 597 (2005) Historians, political scientists, sociologists and lawyers, in their respective academic languages, have documented the history of the conquest of the indigenous peoples of the Western Hemisphere, especially those of North America. The histories end with the final dispossession of lands from Indians and their tribes. Despite more than five... 2005
James Fife The Legal Framework for Indigenous Language Rights in the United States 41 Willamette Law Review 325 (Spring, 2005) We need not conjecture about the possible implications of culturally and linguistically repressive policies; their tragic results are etched in our nation's soul .. The indigenous people, who have occupied the land from time beyond history and memory, constitute just over 0.1% of the national population. Despite its statistical insignificance in... 2005
Gregg Goldstein The Legal System and Wildlife Conservation: History and the Law's Effect on Indigenous People and Community Conservation in Tanzania 17 Georgetown International Environmental Law Review 481 (Spring, 2005) C1-3Contents I. Introduction. 481 II. Indigenous People and The Environment. 485 III. Tanzanian Legal Framework. 488 A. The Court System. 488 B. Conservation in the Constitution. 489 C. Environmental Standing in the Courts. 491 IV. History of Conservation in Tanzania. 491 A. The German Period: 1884-1919. 492 B. The British Period: 1919-1961. 494 C.... 2005
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