AuthorTitleCitationSummaryYear
Elizabeth M. Glazer Appropriating Availability: Reconciling Purpose and Text under the Indian Self-determination and Education Assistance Act 71 University of Chicago Law Review 1637 (Fall 2004) The Indian Self-Determination and Education Assistance Act (ISDEAA) requires the federal government to enter into a self-determination contract with any Native American tribe that requests one. A self-determination contract gives the tribe funding for programs and allows it to provide services previously administered by the federal government.... 2004
Michael T. Delcomyn Arctic National Wildlife Refuge Oil: Canadian and Gwich'in Indian Legal Responses to 1002 Area Development 24 Northern Illinois University Law Review 789 (Summer 2004) C1-3Table of Contents Introduction. 790 I. Background on the ANWR and the Parties Involved. 792 A. LEGISLATIVE HISTORY OF THE ARCTIC NATIONAL WILDLIFE REFUGE. 792 B. WILDLIFE OF THE ANWR AND THE 1002 AREA. 794 C. INTERESTS IN OIL DEVELOPMENT IN THE 1002 AREA. 796 1. Proponents of Development. 796 2. Opponents of Development. 800 II. Canadian and... 2004
Jonathan P. Vuotto Awas Tingni V. Nicaragua: International Precedent for Indigenous Land Rights? 22 Boston University International Law Journal 219 (Spring 2004) I. Introduction. 219 II. Indigenous Peoples in International Law. 221 A. General Introduction to Indigenous Peoples in International Law. 221 B. The Difficulty of Defining Indigenous . 222 C. The Critical Importance of Indigenous Land Rights. 223 D. Other Current Topics in Indigenous Law. 224 III. Cultural Context of the Awas Tingni. 225 IV.... 2004
Larry Echohawk Balancing State and Tribal Power to Tax in Indian Country 40 Idaho Law Review 623 (2004) The 57th Idaho Legislature faced the daunting task of balancing a state budget suffering from a $200 million shortfall in revenue for fiscal years 2003 and 2004. Some lawmakers attempted to remedy budget woes by imposing state sales and cigarette taxes on non-Indians buying products from Indian retailers within Indian reservations. Tribal leaders... 2004
Colin Miller Banishment from Within and Without: Analyzing Indigenous Sentencing under International Human Rights Standards 80 North Dakota Law Review 253 (2004) Centuries of imperialism and forced assimilation have pushed indigenous cultures to the brink of extinction. An important part of this cultural genocide has involved westernized cultures subordinating indigenous penal codes and systems. Recently, tribal groups in countries such as Canada and the United States, dissatisfied with the effect of... 2004
David Ringhofer Between a Rock and Toxic Waste: the Indigenous Peoples of Equador Vs. Chevron Texaco 11 Missouri Environmental Law & Policy Review 236 (2004) Wednesday, October 29, 2003 marked the end of the two week proof stage of a trial heard in Ecuador. The case, brought by the indigenous peoples of Ecuador against the second largest U.S. oil company, ChevronTexaco, presents quite possibly the most important legal issue to be decided in South America this year. The plaintiffs, representing 30,000... 2004
Joseph R. Selvidio Blumenthal V. Babbitt: How Three Words May Help Redefine Sovereignty for America's Most Powerful Native American Tribe 23 QLR 247 (2004) Over the past decade, Native American gambling has helped redefine the character of Connecticut's economy. At the center of this redefinition has been the success of the Mashantucket Pequots, a three hundred member tribe of Native Americans whose gaming empire, Foxwoods Resort & Casino, has grown into the largest gambling enterprise in North... 2004
Stacey L. Gordon, Reference & Acquisition librarian Book Review: 'Coyote Warrior' 30-OCT Montana Lawyer 30 (October, 2004) Coyote Warrior, by Paul VanDevelder (Little, Brown & Co. 2004). It is rare to read the family history of a colleague, perhaps because it is rare to have a colleague whose family history and whose own life story are as important as the story of Coyote Warrior. Garrison Dam was built on the upper Missouri River in North Dakota to provide irrigation... 2004
Raja Devasish Roy Challenges for Juridical Pluralism and Customary Laws of Indigenous Peoples: the Case of the Chittagong Hill Tracts, Bangladesh 21 Arizona Journal of International & Comparative Law 113 (Spring, 2004) The Chittagong Hill Tracts (CHT) region in southeastern Bangladesh is undergoing fundamental social, economic, cultural, and political changes due to a number of parallel developments. These include the growing integration of the CHT economy with the national Bangladeshi economy (an inevitable consequence of the extension of the communications... 2004
Willard Hughes Rollings Citizenship and Suffrage: the Native American Struggle for Civil Rights in the American West, 1830-1965 5 Nevada Law Journal 126 (Fall 2004) Native Americans occupy a unique place in this country. They are the direct descendants of people who first arrived in this land 30,000 years ago. Despite their longtime residency in North America and the support of many tribes in the war for independence, the leaders of the newly created United States did not deem Indian people worthy enough to... 2004
  Civil Procedure -- Statutory Full Faith and Credit -- Wisconsin Supreme Court Applies Comity Principles in Determining Whether to Enforce a Tribal Court Judgment. -- Teague V. Bad River Band of Lake Superior Tribe of Chippewa Indians, 665 N.w.2d 899 (Wis. 117 Harvard Law Review 988 (January, 2004) Native American tribes have an interest in protecting their unique customs and traditions, which are often reflected in tribal justice systems. It is therefore important that the powers of tribal courts be respected by state and federal judiciaries. Recently, in Teague v. Bad River Band of Lake Superior Tribe of Chippewa Indians, the Wisconsin... 2004
  Clean Water Act 2003-04 Preview of United States Supreme Court Cases 511 (8/9/2004) Does the Clean Water Act's National Pollutant Discharge Elimination System program cover a point source only when pollutants originate from that source and not when pollutants originating elsewhere merely pass through the point source? No. The Court ruled that the Act's definition of a point source as a conveyance makes plain that the point... 2004
Deborah A. Rosen Colonization Through Law: the Judicial Defense of State Indian Legislation, 1790-1880 46 American Journal of Legal History 26 (January, 2004) In the period from 1790 to 1880, constitutional provisions and congressional statutes seemed to define regulation of Indians as exclusively a federal matter, native peoples asserted tribal sovereignty, and the federal government offered some recognition of tribes as distinct and separate political entities. Nevertheless, the states regulated... 2004
Robert N. Clinton COMITY & COLONIALISM: THE FEDERAL COURTS' FRUSTRATION OF TRIBAL← → FEDERAL COOPERATION 36 Arizona State Law Journal 1 (Spring, 2004) When the delegates to the Philadelphia Constitutional Convention of 1787 tried to cement the loose confederation of states established under the Articles of Confederation into a more functional and effective national union, they adopted a federal legal mechanism to accomplish that task. Specifically, they opted for federally enforceable legal... 2004
Steven Andrew Light, Ph.D., Kathryn R.L. Rand, J.D., Alan P. Meister, Ph.D. Commentary: Spreading the Wealth: Indian Gaming and Revenue-sharing Agreements 80 North Dakota Law Review 681 (2004) Commentators: Henry Buffalo Robert Miller MR. BUFFALO: I'd like to thank the organizers for inviting me to participate in this symposium. I think it's very important to participate and develop information, discussion on this very important issue that is facing both tribal governments, state governments, and local governments. I very much enjoyed... 2004
Sheree R. Weisz Constitutional Law--federal Indian Law: the Erosion of Tribal Sovereignty as the Protection of the Nonintercourse Act Continues to Be Redefined More Narrowly 80 North Dakota Law Review 205 (2004) In 1994, Cass County Joint Water Resource District (District) submitted an application to the United States Army Corps of Engineers (USACE) to build a dam on the Maple River for flood control in eastern North Dakota. As part of this project, the District sought to acquire a 1.43-acre tract of land in order to conduct the cultural research necessary... 2004
Frank Pommersheim, 2005 Distinguished Lecturer Constitutional Shadows: the Missing Narrative in Indian Law 80 North Dakota Law Review 743 (2004) FRANK POMMERSHEIM: Thank you for that kind introduction. It's a delight to be here. I was here ten years ago, and kind of reminiscing with a few people what it was like ten years ago, mainly taking into account the fact that ten years has gone awfully quickly. There's been a tremendous level of development in Indian law, and so I'm excited to be... 2004
Traci L. Hobson Criminal Jurisdiction in Indian Country: a Primer 43 No.1 Judges' Journal 35 (Winter, 2004) Much of the litigation in the United States involving Indian tribes and territories revolves around one issue: jurisdiction. Because of the complex interweaving of tribal, federal, and state or intra-state jurisdictions in Indian Country, it can be difficult to determine which entities have the authority to adjudicate a particular case. In the... 2004
Joyce E. Kitchens Criminal Jurisdiction in Indian Country: a Tangled Web 51-JUN Federal Lawyer Law. 3 (June, 2004) I attended the Indian Law Conference in Albuquerque, N.M., on April 15-16 with more than 800 tribal leaders, lawyers, and judges who gathered there. I cannot begin to describe the sense of community, passion, and unity that I experienced. Keynote speaker Billy Frank, chair, Northwest Indian Fisheries Commission, shared prayers, wisdom, and the... 2004
Ms. Lauryne Wright Cultural Resource Preservation Law: the Enhanced Focus on American Indians 54 Air Force Law Review 131 (2004) To us the ashes of our ancestors are sacred and their resting place is hallowed ground. Our religion is the tradition of our ancestors--the dreams of our old men, given them in the solemn hours of night by the Great Spirit; and the visions of our sachems; and is written in the hearts of our people. Seathl, Duwamish chief In 1831 the United States... 2004
Anne M. Creason Culture Clash: the Influence of Indigenous Cultures on the International Whaling Regime 35 California Western International Law Journal 83 (Fall 2004) The cultural values of native populations are a significant source of law, because modern societies develop from the practices and beliefs of indigenous cultures. Over time, indigenous customs and traditions are incorporated into contemporary lifestyles. The strong influence ancient practices have on present cultures is apparent in the religious,... 2004
Steven G. Davison Defining "Addition" of a Pollutant into Navigable Waters from a Point Source under the Clean Water Act: the Questions Answered--and Those Not Answered--by South Florida Water Management District V. Miccosukee Tribe of Indians 16 Fordham Environmental Law Review Rev. 1 (Fall 2004) The Supreme Court recently held in South Florida Water Management District. v. Miccosukee Tribe of Indians that under section 301(a) of the Clean Water Act (CWA) a transfer of water, containing pollutants, from one water body into another, by a pump, may be an addition of pollutants into navigable waters from a point source, thereby requiring a... 2004
Robert Laurence Don't Think of a Hippopotamus: an Essay on First-year Contracts, Earthquake Prediction, Gun Control in Baghdad, the Indian Civil Rights Act, the Clean Water Act, and Justice Thomas's Separate Opinion in United States V. Lara 40 Tulsa Law Review 137 (Fall 2004) Last year, one of those annoying e-mail games was going around. Answer the following questions. Don't scroll down. There followed a series of questions that turned out to be mostly distractions: Whose picture is on the $10 bill? What's the highest big city east of the Mississippi River? Who was born first, Mozart or Washington? Aristotle or... 2004
Terrill Pollman Double Jeopardy and Nonmember Indians in Indian Country 82 Nebraska Law Review 889 (2004) I. Introduction. 889 II. Background. 895 A. Demographics in Indian Country. 895 B. Double Jeopardy and the Dual Sovereignty Doctrine in Indian Country. 899 1. The Dual Sovereignty Doctrine. 899 2. United States v. Wheeler. 902 C. Criminal Jurisdiction in Indian Country. 906 1. Criminal Jurisdiction in Indian Country. 907 2. Oliphant v. Suquamish... 2004
Danna R. Jackson Eighty Years of Indian Voting: a Call to Protect Indian Voting Rights 65 Montana Law Review 269 (Summer 2004) Shiprock, New Mexico May 6, 1946 I, Mrs. Julia Denetclaw C#22698, hereby certify that on May 6, 1946 I appeared at the Shiprock Public School, Shiprock, New Mexico for the purposes of registering to vote in the coming elections. I was there refused permission to register. I have been a resident of the State of New Mexico 48 years; the County of San... 2004
Elizabeth Zaiden Mazzarella Employment Law: Dawavendewa V. Salt River Project Agricultural Improvement and Power District: the Need for Congressional Change in Native American Hiring Preferences 28 American Indian Law Review 413 (2003-2004) C1-3Table of Contents I. Introduction. 413 II. National Origin Defined in Title VII. 414 A. Overview of Title VII. 414 B. Case History: Courts' Explanations of National Origin. 416 C. Title VII's Application toward Employment on Indian Reservations. 417 III. Indian Self-Determination Act. 420 IV. Dawavendewa v. Salt River Project Agricultural... 2004
Scott A. Taylor Enforcement of Tribal Court Tax Judgments Outside of Indian Country: the Ways and Means 34 New Mexico Law Review 339 (Spring, 2004) Full faith and credit for tribal court judgments in state courts and the reverse situation, state court judgments enforced through tribal courts, have received substantial scholarly attention, much of which I discuss in part I of this article. No commentators, however, have looked at the full faith and credit question from the point of view of... 2004
Kristen Marttila Gast Environmental Justice and Indigenous Peoples in the United States: an International Human Rights Analysis 14 Transnational Law & Contemporary Problems 253 (Spring 2004) I. Introduction. 253 II. Environmental Justice History and Definitions. 256 III. The Insufficiency of the Existing U.S. Framework for Addressing Environmental Justice Issues. 258 A. Equal Protection Clause. 258 B. Civil Rights Act and Related Agency Regulations. 260 C. Executive Order 12898. 262 D. Winning an Environmental Justice Suit. 263 IV.... 2004
Dan Murdock Ethical Implications in Indian Law 28 American Indian Law Review 313 (2003-2004) It is indeed a privilege for me to be able to come back and stand here. When I was in law school here, we were not in this luxurious palace in which you law students have the opportunity to study. It certainly pleases me to be back here. I would like to acknowledge Kyle Taylor for the preparation of those materials that you have been provided. Kyle... 2004
Seval Yildirim Expanding Secularism's Scope: an Indian Case Study 52 American Journal of Comparative Law 901 (Fall 2004) Since September 11, 2001, the relationship between religion and world politics has become a most contested issue, especially in the context of developing nations. Disagreements about the role of religion in the new nation's laws constituted a major delaying factor in the drafting of the Afghani constitution. Similar disagreements remain a major... 2004
Kevin K. Washburn Federal Law, State Policy, and Indian Gaming 4 Nevada Law Journal 285 (Winter 2003/2004) Indian tribes have been something of an enigma in the federal Constitutional scheme for more than 200 years. In Worcester v. Georgia, Chief Justice John Marshall indicated that federal law and treaties contemplated Indian territory as completely separated from that of the states. Although the Supreme Court now recognizes that ordinarily Indian... 2004
James P. McIlroy Fisheries: Fishers, Natives, Sportsmen, States, and Provinces 30 Canada-United States Law Journal 179 (2004) MR. McILROY: Thank you very much, Dr. King. Good morning. My name is Jim McIlroy; and on this balmy Saturday morning, I salute you all for coming here so early. I have the pleasure of presiding a session that is very provocatively titled, Fisheries. There are at least five actors involved in this session: Fishers, Natives, Sportsmen, States and... 2004
David A. Colson Fisheries: Fishers, Natives, Sportsmen, States, and Provinces 30 Canada-United States Law Journal 181 (2004) Good morning. Thank you, Jim. Thank you, Dr. King, for inviting me to this conference once again. And it is always a pleasure to be on the same platform with Don McRae. It is true that fish do not respect boundaries, but some fish wear flags on their back, and they stray into other people's territory from time to time, creating problems. As noted,... 2004
Donald M. Mcrae Fisheries: Fishers, Natives, Sportsmen, States, and Provinces 30 Canada-United States Law Journal 189 (2004) Thank you, Jim, for your introduction. And thank you, Henry, for inviting me, again, particularly since I know a couple years ago when you invited me, I cancelled at the last minute. And I appreciate nevertheless of being invited back. I want to follow along from what David Colson was talking about in terms of the complexity of entering into... 2004
Lauryne Wright Focusing on American Indians in Cultural Resource Preservation Laws 47-AUG Advocate 20 (August, 2004) To us the ashes of our ancestors are sacred and their resting place is hallowed ground. Our religion is the tradition of our ancestors--the dreams of our old men, given them in the solemn hours of night by the Great Spirit; and the visions of our sachems; and is written in the hearts of our people. Seathl, Duwamish chief In the past 30 years,... 2004
Joshua Fershee From Self-determination to Self-domination: Native Americans, Western Culture, and the Promise of Constitutional-based Reform 39 Valparaiso University Law Review Rev. 1 (Fall, 2004) The Indian Problem or Aboriginal Problem is a deeply ingrained part of American culture. It is worth noting what should be obvious: Indian Problem is itself a loaded phrase. Written from a Canadian perspective, this reality is aptly explained as follows: Identifying [the problem] as an Aboriginal problem inevitably places the onus on... 2004
Mishael A. Danielson, Alexis Pimentel Give Them Their Due: an African-american Reparations Program Based on the Native American Federal Aid Model 10 Washington and Lee Race and Ethnic Ancestry Law Journal 89 (Spring, 2004) Numerous scholarly publications discuss the controversial topic of reparations for descendants of slaves in America. The works expound on possible justifications, moral implications, societal effects, and consequential feasibility of implementing a reparations program. The leading justification focuses on descendents' right to compensation for the... 2004
Steve Cusick Giving the Abenaki Dead Their Due: a Proposal to Protect Native American Burial Sites in Vermont 28 Vermont Law Review 467 (Winter, 2004) Abenaki tradition holds that disturbing the bones of buried ancestors will visit discord upon the living. That discord has perhaps arrived--if one considers the legal and social conflict created over the past thirty years by the periodic disturbance of human remains unearthed in development projects along Monument Road in Franklin County, Vermont.... 2004
Shubhankar Dam Green Laws for Better Health: the past That Was and the Future That May Be - Reflections from the Indian Experience 16 Georgetown International Environmental Law Review 593 (Summer, 2004) C1-3Contents I. Introduction. 593 II. Locating the Source of Environmental Law in India. 596 III. The Making of Green Laws in India. 597 IV. Pollution Control Boards: A Tale of Inefficient Implementation. 601 V. Environmental Adventurism: A Judicial Cleaning up of the Environment. 605 VI. Conclusion. 612 2004
Michelle Sibley Has Oregon Tightened the Perceived Loopholes of the Native American Graves Protection and Repatriation Act?--bonnichsen V. United States 28 American Indian Law Review 141 (2003/2004) In our nation's past, the trade in Native American artifacts was a profitable business. This lucrative trade often led to egregious abuses of American Indian remains and burial sites. In 1990, Congress enacted the Native American Graves Protection and Repatriation Act (NAGPRA or the Act) with a twofold purpose: to return to Native American tribes... 2004
David E. Cahn Homeless for Generations: Land Rights for the Chocoe Indians from Mogue, Panama 28 Fordham International Law Journal 232 (December, 2004) If [I] tell [you] what [has] been going on [I will] be killed. Such a quote illustrates the desperation with which the Chocoe Indians of the Darien Jungle in Panama from the Mogue Village live. This fear comes after the brutal murder of one Chocoe Indian who was found with his tongue cut out because he threatened to expose a suspected Chocoe... 2004
Sherry Hutt If Geronimo Was Jewish: Equal Protection and the Cultural Property Rights of Native Americans 24 Northern Illinois University Law Review 527 (Summer 2004) C1-3Table of Contents I. Application of the Equal Protection Clause to Native Americans. 528 II. A Short History of Indian Law: Special is Not Equal. 532 III. Geronimo: From Arizona to Florida. 536 IV. If Geronimo Was Jewish. 539 V. If Geronimo Was a Rap Star: Intellectual Property Law Versus Intangibles in Natural Law. 551 VI. If Geronimo Was an... 2004
Matthew L.M. Fletcher IN PURSUIT OF TRIBAL ECONOMIC DEVELOPMENT AS A SUBSTITUTE FOR RESERVATION TAX REVENUE 80 North Dakota Law Review 759 (2004) In the crime film The Usual Suspects, the characters investigate the existence and identity of a mysterious Turkish criminal mastermind known as Keyser Soze. During the film, the police interrogate a petty criminal crippled by cerebral palsy named Verbal Kint who spins a web of stories about Soze after being arrested during a murderous, violent... 2004
Prv Raghavan Indian Budget 2004-2005 15 Journal of International Taxation 36 (November, 2004) Although the Budget proposes to simplify procedures for registration and operations and raise the investment ceiling for foreign institutional investors, additional levies of service tax and education cess could lead to increased cost of production and inflation. Union Finance Minister P. Chidambaram presented the Union Budget for 2004-2005, the... 2004
Prv Raghavan Indian Corporate Laws--companies (Second Amendment) Act, 2002 15 Journal of International Taxation 52 (July, 2004) The government of India, in its efforts to align Indian corporate laws with the growing needs of Indian businesses in a global economy, introduced the Companies (Amendment) Bill, 2001, into the Lok Sabha on August 21, 2001, by Arun Jaitley, then Union Minister of Law, Justice, and Company Affairs. The bill, having been passed by both Houses of... 2004
Edwin Kneedler Indian Law in the Last Thirty Years: How Cases Get to the Supreme Court and How They Are Briefed 28 American Indian Law Review 274 (2003-2004) Thank you, Lindsay Robertson, Dean Coats, and Trevor Furlong. Thank you very much for inviting me. I am really delighted to be here. I'm still trying to recover from rather rigorous questioning on Wednesday at the argument in Lara. I am very pleased to be here talking about this topic, because one of the great privileges of my professional career... 2004
Bethany R. Berger Indian Policy and the Imagined Indian Woman 14-FALL Kansas Journal of Law & Public Policy 103 (Fall, 2004) Twenty-six years after the United States Supreme Court decided Santa Clara Pueblo v. Martinez, the case continues to generate cries that the federal government has abandoned Indian women in the name of Indian culture. This outrage is in part generated by the sense that, as Judith Resnik puts it, that the case was an easy one for the Supreme... 2004
  Indian Rights 2003-04 Preview of United States Supreme Court Cases 534 (8/9/2004) Does Congress have the constitutional power to relax restrictions that the political branches have, over time, placed on the exercise of a tribe's inherent legal authority to bring a criminal misdemeanor prosecution against an Indian who is not a member of that tribe? Yes. The Court ruled that the Constitution grants Congress broad powers to... 2004
C.A. Gupta and Vijay Dhingra Indian Supreme Court Rules on Residency under India-mauritius Tax Treaty 15 Journal of International Taxation 42 (June, 2004) The Supreme Court of India, in a landmark decision of October 7, 2003, upheld the validity of Circular No. 789 issued by the Central Board of Direct Taxes (CBDT), which provides that a certificate of tax residence issued by the Mauritius government should be regarded as sufficient evidence of residence in determining whether the residency... 2004
  Indian Tribal Government Not an Eligible S Corporation Shareholder 6 No.4 BUSINESS ENTITIES 53 (July/August, 2004) In Rev. Rul. 2004-50, 2004-22 IRB 1, the IRS ruled that a federally recognized Indian tribal government is not an eligible S corporation shareholder. Very generally, under Section 1361(b)(1)(B), only individuals, estates, certain trusts, and certain tax-exempt entities described in Sections 401(a) and 501(c)(3) can be shareholders of S... 2004
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