AuthorTitleCitationSummaryYear
Rebecca Tsosie The New Challenge to Native Identity: an Essay on "Indigeneity" and "Whiteness" 18 Washington University Journal of Law and Policy 55 (2005) It has never seemed controversial that Native peoples in the United States are indigenous. In fact, pow-wow pundits often joke that in the 1940s, Indians were classified by U.S. census takers as being of the Mongolian race, and then, by the 1960s, they had their own American Indian category, until the 1980s, when they became Native... 2005
E. Andrew Long The New Frontier of Federal Indian Law: the United States Supreme Court's Active Divestiture of Tribal Sovereignty 23 Buffalo Public Interest Law Journal L.J. 1 (2004-2005) A historically informed perspective reveals that the Supreme Court redefined tribal sovereignty over the last quarter century, despite its efforts to create the appearance of precedential consistency. While the changes have come piece by piece, the overall concept of tribal sovereignty currently guiding the Court is fundamentally different than the... 2005
E. Andrew Long THE NEW FRONTIER OF FEDERAL INDIAN LAW: THE UNITED STATES SUPREME COURT'S ACTIVE DIVESTITURE OF TRIBAL SOVEREIGNTY 23 Buffalo Public Interest Law Journal 1 (2004-2005) A historically informed perspective reveals that the Supreme Court redefined tribal sovereignty over the last quarter century, despite its efforts to create the appearance of precedential consistency. While the changes have come piece by piece, the overall concept of tribal sovereignty currently guiding the Court is fundamentally different than the... 2005
Tama William Potaka The Political Rights and Status of Indigenous Peoples in the 21st Century 29 American Indian Law Review 267 (2004-2005) This brief commentary raises potential issues for consideration in discussion concerning the political rights and status of indigenous peoples looking back and seeing forward. The commentary is divided into four sections: · Overview: Identifying potential motives for defining the political rights and status of indigenous peoples - as individuals... 2005
María Teresa Sierra , Center for Advanced Research and Studies in Social Anthropology (CIESAS), Mexico City The Revival of Indigenous Justice in Mexico: Challenges for Human Rights and the State 28 PoLAR: Political and Legal Anthropology Review 52 (May, 2005) In this article I discuss two new expressions of indigenous justice in Mexico: the Juzgado Municipal Indígena of Cuetzalan in the state of Puebla and the Policía Comunitaria of the state of Guerrero. These expressions emerged in opposition to the impunity, corruption, and human rights violations that prevail in the state's administration of... 2005
Margaret Satterthwaite , Deena Hurwitz The Right of Indigenous Peoples to Meaningful Consent in Extractive Industry Projects 22 Arizona Journal of International & Comparative Law L. 1 (Spring, 2005) A rights-based approach to development is one that explicitly ties development policies, objectives, projects and outputs to international human rights standards requiring, among others, that development be directed towards fulfilling human rights. Conversely, it is a proactive strategy for converting rights into development goals and standards.... 2005
Isabel Madariaga Cuneo The Rights of Indigenous Peoples and the Inter-american Human Rights System 22 Arizona Journal of International & Comparative Law 53 (Spring, 2005) The protection and respect of the rights of indigenous peoples is an issue of special importance for the Inter-American Commission on Human Rights (Inter-American Commission) and the Inter-American Court of Human Rights (Inter-American Court), the main bodies of the Inter-American human rights system. In 1972, the Inter-American Commission held... 2005
Marco Palau The Struggle for Dignity, Land, and Autonomy: the Rights of Mexico's Indigenous People a Decade after the Zapatista Revolt 36 Columbia Human Rights Law Review 427 (Spring 2005) On January 1, 1994, two major events occurred in Mexico. One was the entry into force of the North American Free Trade Agreement (NAFTA); the other, an armed rebellion deep in the Mexican state of Chiapas initiated by a group of indigenous people calling themselves Zapatistas. The former was expected, indeed welcomed, by many in Mexico and abroad,... 2005
Rob Roy Smith The Tribal Tax Man Cometh--recent Developments in Indian Taxation Law 48-JAN Advocate 16 (January, 2005) Idaho is one of three jurisdictions currently on the front lines of Indian tax development. Recent cases indicate judicial willingness to further insulate tribes from state taxation while supporting tribes' power to tax non-Indians. When the average American uses the oft repeated phrase In this world, nothing is certain but death and taxes, If... 2005
David M. Smolin The Two Faces of Intercountry Adoption: the Significance of the Indian Adoption Scandals 35 Seton Hall Law Review 403 (2005) Intercountry adoption has pressed into the public consciousness in two contradictory ways. On the one hand, intercountry adoption is presented as a heart-warming act of good will that benefits both child and adoptive family. The child is characterized as a bereft orphan doomed to a dismal future within a poor country. All the child needs is a... 2005
James P. Mills The Use of Hiring Preferences by Alaska Native Corporations after Malabed V. North Slope Borough 28 Seattle University Law Review 403 (Winter, 2005) In 1971, Congress passed the Alaska Native Claims Settlement Act (ANCSA), granting Alaska Natives title to 40 million acres of land and nearly a billion dollars in exchange for extinguishing their claims to Alaskan land. ANCSA authorized the creation of two tiers of Native corporations, regional and village, to receive the settlement offer on... 2005
Laughlin McDonald The Voting Rights Act in Indian Country: South Dakota, a Case Study 29 American Indian Law Review 43 (2004-2005) The problems that Indians continue to experience in South Dakota in securing an equal right to vote strongly support the extension of the special provisions of the Voting Rights Act scheduled to expire in 2007. They also demonstrate the ultimate wisdom of Congress in making permanent and nationwide the basic guarantee of equal political... 2005
Galit A. Sarfaty The World Bank and the Internalization of Indigenous Rights Norms 114 Yale Law Journal 1791 (May, 2005) Introduction. 1792 I. How the World Bank Shapes Domestic Law. 1796 A. Policy Conditionalities. 1797 B. Operational Policies. 1798 II. Operationalizing the Bank's Indigenous Peoples Policy: A Case Study of a Loan to Morocco. 1801 A. Deciding Who Are Indigenous Peoples. 1802 B. Domestic Political and Legal Constraints. 1804 C. Civil Society Activism.... 2005
Matthew L.M. Fletcher Theoretical Restrictions on the Sharing of Indigenous Biological Knowledge: Implications for Freedom of Speech in Tribal Law 14-SPG Kansas Journal of Law & Public Policy 525 (Spring, 2005) Together, my parents and I stepped into our front yard and stared up into the sky. We saw the big planes roar noisily through the rough air above the reservation. We saw the soldiers step from the bellies of those planes and drop toward the earth. We saw a thousand parachutes open into a thousand green blossoms. All over the Spokane Indian... 2005
James R. Dalton There Is Nothing Light about Feathers: Finding Form in the Jurisprudence of Native American Religious Exemptions 2005 Brigham Young University Law Review 1575 (2005) The First Amendment's protection of religious freedom is among the most cherished, most fundamental, and most debated facets of modern American constitutional law. The Amendment and the often fierce debate surrounding its reach are colored by deeply rooted American traditions of faith and spirituality. For example, the first permanent European... 2005
Lawrence R. Baca Thirty Years of Federal Indian Law 52-APR Federal Lawyer 28 (March/April, 2005) Thirty years ago, in April 1976, the Indian Law Committee of the Environment, Energy, and Natural Resources Section of the Federal Bar Associaion sponsored the first Indian Law Conference in Phoenix. Phoenix was a logical choice, because Arizona has lots of Indian country, is home to 17 Indian tribes, and Indian reservations make up 26 percent of... 2005
Ezra Rosser This Land Is My Land, this Land Is Your Land: Markets and Institutions for Economic Development on Native American Land 47 Arizona Law Review 245 (Summer 2005) When NASA was preparing for the Apollo project, they did some astronaut training on a Navajo Indian reservation. One day, a Navajo elder and his son were herding sheep and came across the space crew. The old man, who only spoke Navajo, asked a question, which his son translated. What are the guys in the big suits doing? A member of the crew said... 2005
Rajendra Singh Chikara Transfer Pricing in Indian Banks 16 Journal of International Taxation 34 (August, 2005) The author evaluates the existing models of transfer pricing used by Indian banks, based on responsibility accounting, and suggests a new and superior model. Transfer pricing is an essential tool for judging the contribution of a division to the profitability of an enterprise as a whole. It is an offshoot of divisionalization, which is a special... 2005
MacKenzie T. Batzer TRAPPED IN A TANGLED WEB UNITED STATES V. LARA: THE TROUBLE WITH TRIBES AND THE SOVEREIGNTY DEBACLE 8 Chapman Law Review 283 (Spring 2005) Stretched across the upper part of the doorway was a big spiderweb, and hanging from the top of the web, head down, was a large grey spider. She was about the size of a gumdrop. She had eight legs . . . I'm not as flashy as some . . . but I'm near-sighted. Indigenous peoples have been present on United States soil even before the nation became... 2005
Joel A. Holt Treat All Men Alike : an Analysis of United States V. White Mountain Apache Tribe and Suggestions for True Reparation 38 Akron Law Review 413 (2005) Great nations, like great men, should keep their word. In 1492, Christopher Columbus landed on the shores of the New World. He brought with him dreams of gold, a sword, fire and disease. In doing so, he began the systematic annihilation of the Western Hemisphere's indigenous people. The torture and genocide of Native Americans, motivated by... 2005
Joel A. Holt TREAT ALL MEN ALIKE : AN ANALYSIS OF UNITED STATES V. WHITE MOUNTAIN APACHE TRIBE AND SUGGESTIONS FOR TRUE REPARATION 38 Akron Law Review 413 (2005) Great nations, like great men, should keep their word. In 1492, Christopher Columbus landed on the shores of the New World. He brought with him dreams of gold, a sword, fire and disease. In doing so, he began the systematic annihilation of the Western Hemisphere's indigenous people. The torture and genocide of Native Americans, motivated by... 2005
Max Minzner Treating Tribes Differently: Civil Jurisdiction Inside and Outside Indian Country 6 Nevada Law Journal 89 (Fall 2005) Indian tribes are not all alike. Tribes range in size from tremendous to tiny. Some gaming tribes have per capita incomes that rival the richest towns in the United States while other tribes are some of the poorest communities in the country. Some tribes have adopted tribal court systems that largely mimic those present in the states surrounding... 2005
Will Trachman TRIBAL CRIMINAL JURISDICTION AFTER U.S. V. LARA: ANSWERING CONSTITUTIONAL CHALLENGES TO THE DURO FIX 93 California Law Review 847 (May, 2005) Supreme Court cases that define the metes and bounds of Indian sovereignty often arise from facts that one would not expect to come before the Supreme Court. Perhaps this is why the facts in Morris v. Tanner, decided on October 28, 2003, seem so ominous. In Morris, a Montana district court upheld Indian sovereignty interests in a seemingly mundane... 2005
Carla D. Pratt Tribal Kulturkampf: the Role of Race Ideology in Constructing Native American Identity 35 Seton Hall Law Review 1241 (2005) Law is embroiled in the politics of identity. It names parties, defines their speech and conduct, and assigns their rights and duties. Its judgments declare, enjoin, and award the tangible and intangible benefits of race and racial privilege. Law has been deeply involved in the politics of defining racial identity. The rule of hypo-descent, also... 2005
Carla D. Pratt TRIBAL KULTURKAMPF: THE ROLE OF RACE IDEOLOGY IN CONSTRUCTING NATIVE AMERICAN IDENTITY 35 Seton Hall Law Review 1241 (2005) Law is embroiled in the politics of identity. It names parties, defines their speech and conduct, and assigns their rights and duties. Its judgments declare, enjoin, and award the tangible and intangible benefits of race and racial privilege. Law has been deeply involved in the politics of defining racial identity. The rule of hypo-descent, also... 2005
Rubin Ranat Tribal-state Compacts: Legitimate or Illegal Taxation of Indian Gaming in California? 26 Whittier Law Review 953 (Spring 2005) In recent years, there has been a tremendous growth in the United States gambling industry. This growth is primarily attributed to Native American casinos on reservations. Indian gaming is a method that tribal governments use to repair 150 years of failed federal programs attempting to aid Native Americans. As of the end of the 2003 fiscal year,... 2005
Carla D. Pratt TRIBES AND TRIBULATIONS: BEYOND SOVEREIGN IMMUNITY AND TOWARD REPARATION AND RECONCILIATION FOR THE ESTELUSTI 11 Washington and Lee Race and Ethnic Ancestry Law Journal 61 (Winter, 2005) This Article advocates a form of micro-reparations for a limited class of African Americans--the Estelusti (black Indians). The Article seeks reparations in the form of racial healing not only from the United States Government, but also from one particular participant in African American slavery--Native American Indian Tribes. The Article begins by... 2005
Jocelyn B. Garovoy Ua Koe Ke Kuleana O Na Kanaka (Reserving the Rights of Native Tenants): Integrating Kuleana Rights and Land Trust Priorities in Hawaii 29 Harvard Environmental Law Review 523 (2005) For Hawaii-based conservation land trusts, kuleana lands present both unique opportunities and complex challenges to land conservation efforts. Kuleana lands are those parcels granted to native Hawaiian tenant farmers between 1850 and 1855. Rights attaching to these special lands include: reasonable access, agricultural uses, gathering rights,... 2005
Anna Wermuth Union's Gamble Pays Off: in San Manuel Indian Bingo & Casino, the Nlrb Breaks the Nation's Promise and Reverses Decades-old Precedent to Assert Jurisdiction over Tribal Enterprises on Indian Reservations 21 Labor Lawyer 81 (Summer, 2005) Great nations, like great men, should keep their word. Federal Power Commission v. Tuscarora, 362 U.S. 99, 142 (1960) (Black, J., dissenting). To American Indians, the notion of tribal sovereignty is more than an abstraction existing only in the vacuum of legal parlance. It is an inherent attribute of their precolonial political and territorial... 2005
Anna Wermuth UNION'S GAMBLE PAYS OFF: IN SAN MANUEL INDIAN BINGO & CASINO, THE NLRB BREAKS THE NATION'S PROMISE AND REVERSES DECADES-OLD PRECEDENT TO ASSERT JURISDICTION OVER TRIBAL ENTERPRISES ON INDIAN RESERVATIONS 21 Labor Lawyer 81 (Summer, 2005) Great nations, like great men, should keep their word. Federal Power Commission v. Tuscarora, 362 U.S. 99, 142 (1960) (Black, J., dissenting). To American Indians, the notion of tribal sovereignty is more than an abstraction existing only in the vacuum of legal parlance. It is an inherent attribute of their precolonial political and territorial... 2005
Nathan Whitney United States V. Washington, Dep't of Ecology, 375 F. Supp. 2d 1050 (W.d. Wash. 2005) (Holding: (1) Water Rights Are Impliedly Reserved to Fulfill the Primary Purpose or Purposes of an Indian Reservation; (2) the Practicable Irrigable Acreage Method Is an 9 University of Denver Water Law Review 219 (Fall, 2005) In 1855, the Treaty of Point Elliot (Treaty) created the Lummi Reservation (Reservation) which covers two peninsulas in Washington. Both the Treaty and deeds conveying parcels of land to non-Indian successors in interest made no mention of water rights. The portion of the Lummi Reservation involved in this dispute (Case Area) comprises just... 2005
Erika M. Zimmerman Valuing Traditional Ecological Knowledge: Incorporating the Experiences of Indigenous People into Global Climate Change Policies 13 New York University Environmental Law Journal 803 (2005) I. Introduction. 804 II. The Science of Climate Change. 809 A. Present and Future Impacts of Global Climate Change. 809 B. Climate Change in the Arctic. 811 C. Inequitable Distribution of the Negative Impacts of Climate Change. 815 III. Climate Change as Experienced by Arctic. 819 A. Loss of Subsistence Lives and Culture. 819 B. Loss of Villages... 2005
by Bethany Berger Wagnon 2004-05 Preview of United States Supreme Court Cases 36 (9/26/2005) Kansas seeks to impose its motor fuel taxes on non-Indian distributors of gas at on-reservation tribal gas stations. The Prairie Band Potawatomi Nation claims these taxes would impermissibly interfere with tribal and federal interests and would prohibit the tribe from imposing its own taxes to maintain reservation roads. The Court must decide how... 2005
Irma De Obaldia Western Intellectual Property and Indigenous Cultures: the Case of the Panamanian Indigenous Intellectual Property Law 23 Boston University International Law Journal 337 (Fall 2005) I. Introduction. 338 II. Colonialism, Western Laws, and Indigenous Groups. 341 A. Traditional IP Requirements and Indigenous Creation: Brief Evaluation. 347 B. Sui-Generis IP Systems. 349 III. Law No. 20: Cultural and Historical Background. 350 A. Panama and its Indigenous Population. 350 IV. The Kunas. 353 V. The Long Walk of the Dule Morr. 356... 2005
Katreina Eden Where Do the Dead Go? A Discussion of the Need to Enact More Specific Legislation in North America to Better Serve Native Americans' Rights to Indigenous Skeletal Remains 12 Southwestern Journal of Law and Trade in the Americas 119 (2005) I. Introduction. 119 II. The Controversy Over Indigenous Human Remains. 121 III. Canada's Provincial System of Law. 123 IV. Federal Legislation in the United States. 128 V. Effects of Provincial versus Federal Law for Human Remains in Canada. 131 VI. Conclusion. 134 2005
Judith T. Younger Whose America? 22 Constitutional Commentary 241 (Spring, 2005) We can only grope to understand. The 3.6 million square miles of land that we now call America once belonged to Indian tribes. Now Indian lands comprise only a tiny fraction of the whole, about 4%. This great land transfer has been and continues to be a source of tension between tribes on the one hand and federal, state, local governments and... 2005
Katie Eidson Will States Continue to Provide Exclusivity in Tribal Gaming Compacts or Will Tribes Bust on the Hand of the State in Order to Expand Indian Gaming 29 American Indian Law Review 319 (2004-2005) The Indian gaming industry has hit the ground running since Congress enacted the Indian Gaming Regulatory Act (IGRA) in 1988. Today, tribal gaming operations in Oklahoma have grown to comprise the largest number of Indian gaming operations in the country. For this reason, the National Indian Gaming Commission (NIGC) has centered its enforcement... 2005
Kevin McCulloch , April Winecke Winner, Best Appellate Brief in the 2004 Native American Law Student Association Moot Court Competition 29 American Indian Law Review 215 (2004-2005) 1) Is there an Existing Indian Family, necessary under the Congressional Intent for the application of the Indian Child Welfare Act, where the Indian parent does not live on the reservation of the tribe in which he/she is enrolled and his/her children have never resided on the reservation and have no relationship with the culture, society, or... 2005
Will R. Ripley You're Not Native American--you're Too Old!: Bonnichsen V. United States Exposes the Native American Graves Protection and Repatriation Act 9 Journal of Gender, Race and Justice 137 (Fall 2005) In July 1996, two young men stumbled upon a skull along the Columbia River near the town of Kennewick in Southern Washington. They called the police, the police called the coroner, and the coroner called Dr. James Chatters, a local archaeologist. Initially, Dr. Chatters believed the skull probably belonged to an early European settler. The skull... 2005
  29th Annual Federal Bar Association Indian Law Conference 51-APR Federal Lawyer 32 (March/April, 2004) CONFERENCE CHAIRS Robert T. Anderson University of Washington School of Law Stephanie P. Kiger Roth, VanAmberg, Rogers, Ortiz & Yepa LLP Stacy L. Leeds Professor, University of Kansas, Justice, Cherokee Nation Adjunct Chair: Ailie Greenleaf Maldonado, Little Traverse Bay Bands of Odawa Indians Outstanding tribal, state, and federal leaders,... 2004
Debra L. Donahue, Winston S. Howard Professor, University of Wyoming College of Law A Call for Native American Natural Resources in the Law School Curriculum 24 Journal of Land, Resources, and Environmental Law 211 (2004) The remarkable part of the history of American tribes is that . they did manage to hold onto some land and that the core of their culture remains intact. This qualifies them to serve as mentors in resource management and in how to maintain viable communities. Their success is due to the philosophical base of their culture. Law schools are primary... 2004
Maxi Lyons A Case Study in Multinational Corporate Accountability: Ecuador's Indigenous Peoples Struggle for Redress 32 Denver Journal of International Law and Policy 701 (Fall 2004) Multinational corporations often wield more power than many of the world's nations, the immense wealth and political influence of multinationals make them powerhouses in the global economy. These domineering enterprises are often able to undertake profit-making endeavors, particularly involving the consumption or extraction of natural resources, in... 2004
Donald E. Laverdure A Historical Braid of Inequality: an Indigenous Perspective of Brown V. Board of Education 43 Washburn Law Journal 285 (Winter 2004) With education, you are the white man's equal; without it, you are his victim. What appears to be progress toward racial justice is, in fact, a cyclical process. In 1954 and 1955, the United States Supreme Court issued three landmark rulings, collectively known as Brown v. Board of Education, which declared segregation of public schools by race to... 2004
Roberto Iraola A Primer on the Criminal Penalty Provisions of the Native American Graves Protection and Repatriation Act 28 American Indian Law Review 431 (2003-2004) In September 2003, in what federal law enforcement officials described as the single largest repatriation of Native American religious objects, hundreds of ceremonial and religious items were returned to the Navajo Nation, Pueblo of Acoma, Pueblo of Santo Domingo, the Hopi Tribe, Pueblo of Zia, and the Zuni Tribe in a special ceremony. This... 2004
Brian P. McClatchey A Whole New Game: Recognizing the Changing Complexion of Indian Gaming by Removing the "Governor's Veto" for Gaming on "After-acquired Lands" 37 University of Michigan Journal of Law Reform 1227 (Summer 2004) The recent explosive growth of the Indian gaming industry and judicial decisions analyzing a portion of the governing statute point to an inherent flaw in the mechanism provided by the Indian Gaming Regulatory Act (IGRA) for the establishment of off-reservation gaming enterprises. This Note argues for a reform of the so-called after-acquired... 2004
Matthew L. M. Fletcher Affirmation of Tribal Criminal Jurisdiction over Nonmember American Indians 83-JUL Michigan Bar Journal 24 (July, 2004) On April 19, 2004, the United States Supreme Court decided United States v Lara, a landmark case in federal American-Indian law. Lara upheld the authority of American-Indian tribes to prosecute nonmember American Indians and held that such prosecutions do not violate the Double Jeopardy Clause because an American-Indian tribe is acting in its... 2004
Nathan Brooks American Indian Law Deskbook, 3rd Edition by the Conference of Western Attorney Generals, Clay Smith, Chief Editor University Press of Colorado, Boulder, Co, 2004. 631 Pages, $85.00 51-DEC Federal Lawyer 67 (November/December, 2004) Explaining federal Indian law has never been easy just ask the U.S. Supreme Court. After more than 200 years of jurisprudence, the justices have yet to agree on much less explain how American Indian tribes fit within our constitutional structure of government. Expressing his frustration with the current state of federal Indian law in a recent... 2004
Lance M. Werner, Jane M. Edwards American-indian Legal Resources on the Web 83-JUL Michigan Bar Journal 42 (July, 2004) When conducting legal research on an unfamiliar legal topic, it may be useful for a legal researcher to initially utilize wide-scoped research tools. Some electronic resources that may be particularly useful when researching American-Indian legal issues are the myriad of mega-sites that are available free of charge and offer a wide range of... 2004
Lorie M. Graham An Interdisciplinary Approach to American Indian Economic Development 80 North Dakota Law Review 597 (2004) Economic development is at the cornerstone of indigenous peoples' claims to self-determination. In the past twenty-five years, Native American nations within the United States have experienced significant growth in terms of their development efforts. And while the long-term effects are yet to be tested, short-term studies indicate... 2004
William Bradford Another Such Victory and We Are Undone: a Call to an American Indian Declaration of Independence 40 Tulsa Law Review 71 (Fall 2004) In 279 B.C., Pyrrhus, King of Epirus, a city-state in Greece, was summoned by the people of Tarentum, a Greek colony in southern Italy, to aid them against the tyranny of Rome. At the Battle of Asculum, Pyrrhus defeated the Roman legions after two days of bloody combat in which he lost a great many of his most competent officers and many of his... 2004
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