AuthorTitleCitationSummaryYear
Christopher Barrett Bowman Indian Trust Fund: Resolution and Proposed Reformation to the Mismanagement Problems Associated with the Individual Indian Money Accounts in Light of Cobell V. Norton 53 Catholic University Law Review 543 (Winter, 2004) I [had] never seen more egregious misconduct by the federal government, now at the conclusion of the second contempt trial, I stand corrected. The Department of Interior has truly outdone itself this time. These rather harsh comments were written by U.S. District Court Judge Royce C. Lamberth in a recent opinion in connection with the... 2004
Angela R. Riley Indigenous Peoples and the Promise of Globalization: an Essay on Rights and Responsibilities 14-FALL Kansas Journal of Law & Public Policy 155 (Fall, 2004) In the past two decades, the world has entered a new age of globalization. As cutting-edge technology becomes more accessible and the swift dissemination of information increases, indigenous groups and local communities are becoming more connected to dominant societies. At the same time, however, the process of globalization is simultaneously... 2004
Mattias Ahrén Indigenous Peoples' Culture, Customs, and Traditions and Customary Law - the Saami People's Perspective 21 Arizona Journal of International & Comparative Law 63 (Spring, 2004) Indigenous peoples have, for a long time, been among the poorest and most marginalized in the world. During the last two decades, however, the international community has increasingly recognized the particular needs and concerns of indigenous peoples. However, in spite of the increased attention directed toward the particular situation of... 2004
Dominique Legros Indigenous Peoples' Self-determination and the Broken Tin Kettle Music of Human Rights and Liberal Democracy 16 Florida Journal of International Law 579 (September, 2004) Legal experts are always under the decisionist pressure to discuss normative questions with cases to be decided. - Jurgen Habermas Fortunately, anthropologists do not face too many such decisionist constraints. So to be really serious, what truly democratic and innovative transitions could be enacted in North and South American nation-states for... 2004
Nicholas Olmsted Indigenous Rights in Botswana: Development, Democracy and Dispossession 3 Washington University Global Studies Law Review 799 (2004) The Central Kalahari Game Reserve, one of the largest conserved areas in Africa, encompasses tens of thousands of square kilometers of arid lands in Botswana that for millenia have been inhabited by San groups indigenous to southern Africa. Despite the ancient and close relationship between the San and the Kalahari region, the government of... 2004
Megan M. Carpenter Intellectual Property Law and Indigenous Peoples: Adapting Copyright Law to the Needs of a Global Community 7 Yale Human Rights and Development Law Journal 51 (2004) The definition and scope of intellectual property and associated laws are under intense debate in the emerging discourse surrounding intellectual property and human rights. These debates primarily arise within the context of indigenous peoples' rights to protection and ownership of culturally specific properties. It is true that intellectual... 2004
S. James Anaya International Human Rights and Indigenous Peoples: the Move Toward the Multicultural State 21 Arizona Journal of International & Comparative Law 13 (Spring, 2004) Indigenous peoples and the cultural attributes that define them have survived with great resilience in the face of tremendous adversity suffered through centuries, despite the designs of both early colonizers and more recent liberal assimilationists. They have survived as they have striven to maintain the cultural integrity that makes them... 2004
C. Raj Kumar International Human Rights Perspectives on the Fundamental Right to Education--integration of Human Rights and Human Development in the Indian Constitution 12 Tulane Journal of International and Comparative Law 237 (Spring 2004) This Article provides for a legal, jurisprudential, and constitutional foundation for developing the right to education in India. The right to education is specifically addressed from an international human rights perspective and the Indian constitutional perspective. The Article underscores the need for ensuring that the right to education is... 2004
  Interview with Michael F. Brown, Author of Who Owns Native Culture? 3 Journal of High Technology Law L. 1 (2003-2004) Marren Sanders: Professor Brown, thank you so much taking time out of your busy schedule to speak with me. Could you tell us what led you to write about indigenous peoples and heritage as a protected resource? Professor Michael Brown: Sure. There's a little bit of autobiography in the book. Most of my fieldwork and research prior to 1990 was in... 2004
Danielle R. LaPierre, Editor-in-Chief Introduction to Indigenous Law Symposium Transcripts 31 Syracuse Journal of International Law and Commerce 65 (Winter 2004) The Center for Indigenous Law, Governance and Citizenship was established in 2003 at Syracuse University College of Law under the direction of Robert Odawi Porter. The Center has four main goals: (1) To conduct research relating to the citizenship rights and responsibilities of Indigenous peoples in the United States, Canada, and throughout the... 2004
Robert Travis Willingham Inyo County, California V. Paiute - Shoshone Indians of the Bishop Community of the Bishop Colony and § 1983 Actions by Indian Tribes 72 UMKC Law Review 765 (Spring, 2004) Even in today's society, there are constant allegations of individuals being denied their civil rights as guaranteed under the U.S. Constitution andfederal laws. A federal suit under 42 U.S.C. § 1983 provides a way to vindicate those rights, to receive compensation for the denial of such rights and to punish those who have violated those rights.... 2004
Elizabeth G. Bourlon Inyo County, California V. Paiute-shoshone Indians of the Bishop Community of the Bishop Colony, 523 U.s. 701 (2003) 33 Stetson Law Review 701 (Winter, 2004) An Indian tribe does not qualify as a person under Title 42 United States Code Section 1983, and, therefore, cannot bring a claim under that Section for deprivation of its rights. The Bishop Paiute Indian Tribe in California operated a tribal gaming organization, the Paiute Palace Casino. The Inyo County California Department of Health and Human... 2004
Molly McDonough Ip Goes Indian 3 No.16 ABA Journal E-Report E-Report 6 (4/23/2004) Proofreading patents has always been an undesirable but necessary part of Steve Lundberg's intellectual property practice. For years, the tedious task of checking for typos and tracing amendments through mountains of documentation fell to staffers willing to take the work home at night and on weekends. The 55-lawyer Minneapolis firm--Schwegman,... 2004
Elizabeth Schulte Is Nuclear Waste Coming to Utah? An In-depth Look at Skull Valley Band of Goshute Indians V. Leavitt 24 Journal of Land, Resources, and Environmental Law 115 (2004) The history of nuclear waste in America is tumultuous--especially as it pertains to the West. Although disposing of nuclear waste is a national problem, the real battles are often fought at the local level where the waste will be stored. The decision in Skull Valley Band of Goshute Indians v. Leavitt illustrates this point. The story of frustration... 2004
Summer Kupau Judicial Enforcement of "Official" Indigenous Languages: a Comparative Analysis of the Mori and Hawaiian Struggles for Cultural Language Rights 26 University of Hawaii Law Review 495 (Summer, 2004) I ka 'olelo no ke ola; I ka 'olelo no ka make. In the language rests life; In the language rests death. Ka ngaro te reo, ka ngaro taua, pera i te ngaro o te Moa. (If the language be lost, man will be lost, as dead as the moa.) In his 1993 federal employment discrimination lawsuit, Native Hawaiian attorney William E.H. Tagupa, although fluent in the... 2004
Larry Betz, Donna Budnick Labor and Employment Law and American Indian Tribes 83-JUL Michigan Bar Journal 15 (July, 2004) The recent growth of American-Indian casinos and tribal economic development in Michigan has generated many employment opportunities for American Indians and non-American Indians alike. The often misunderstood concepts of tribal sovereignty and jurisdiction have left many experienced labor and employment law practitioners wondering how state and... 2004
Frank Pommersheim Lara: a Constitutional Crisis in Indian Law? 28 American Indian Law Review 299 (2003-2004) Frank Pommersheim, whom I am absolutely delighted agreed to come and speak today to us, is a law professor at the University of South Dakota School of Law. He is known widely for his charm, wit and scholarship in Indian Law. I have heard him speak a number of times and have enjoyed each of those events. He has been teaching at South Dakota since... 2004
Mark J. Cowan Leaving Money on the Table(s): an Examination of Federal Income Tax Policy Towards Indian Tribes 6 Florida Tax Review 345 (2004) I. L2-5,T5Introduction 347 II. L2-5,T5Current Federal Income taxation of Indian Tribes: Avoid The Issue and Lose The Revenue 351 A. L3-5,T5The Ruling Trinity 352 1. L4-5,T5Revenue Ruling 67-284 353. a. Taxation of Individual Indians. 353 b. Taxation of Indian Tribes. 355 2. L4-5,T5Revenue Ruling 81-295 356. 3. L4-5,T5Revenue Ruling 94-16 359. B.... 2004
Thomas V. Panoff Legislative Reform of the Indian Trust Fund System 41 Harvard Journal on Legislation 517 (Summer, 2004) On June 10, 1996, Elouise Pepion Cobell, a member of the Blackfeet Tribe of Montana, filed a class-action lawsuit against the federal government seeking an accurate accounting of trust funds that the government maintains for more than 300,000 individual Native Americans. The class-action lawsuit on behalf of all present and former Individual Indian... 2004
Chidi Oguamanam Localizing Intellectual Property in the Globalization Epoch: the Integration of Indigenous Knowledge 11 Indiana Journal of Global Legal Studies 135 (Summer, 2004) The search for appropriate modalities for the protection of indigenous or traditional knowledge is a subject of contemporary international law and policy discourse. As a primary mechanism for the allocation of rights over knowledge, Western or conventional intellectual property rights (IPRs) provide the conceptual platform in this ongoing inquiry.... 2004
Celia M., Rumann, &, Jon M. Sands, Celia M. Rumann is an, Assistant Professor of, Law, University of St., Thomas, School of Law,, Minneapolis, Jon M. Sands is an, Assistant Federal Public, Defender, District of, Arizona, Both authors were, members of the Lost in Incarceration: the Native American Advisory Group's Suggested Treatment for Sex Offenders 2004 Federal Sentencing Reporter 2189133 (2/1/2004) Federal prosecutions for all types of sex offenses have been increasing. This is a result of shifting prosecutorial priorities, both from the Department of Justice and from Congress, as related to child pornography, traveler child sex cases, sexual tourism, sex slavery, prostitution, and sexual offenses that arise from areas of exclusive... 2004
Eric Jonathan Lacey MANIFEST DESTINY'S NEW FACE: "SOFT-SELLING" TRIBAL HERITAGE LANDS FOR TOXIC WASTE 92 Georgetown Law Journal 405 (January, 2004) In November 2001, thousands of members of the Shoshone-Bannock Tribe left the Fort Hall Indian Reservation and poured into Pocatello, Idaho. Children cashed thousand-dollar checks to buy shoes, toys, and candy. Adults cashed $6,500 checks and bought cars, snowmobiles, guns, and clothes. Others refilled bank accounts with much-needed cash. In a... 2004
Tama William Potaka Maori Experiences and Federal Indian Law 51-APR Federal Lawyer 36 (March/April, 2004) The Maori are the indigenous peoples of Aotearoa New Zealand. Our values are similar to values of native peoples in the United States. However, our distinctive legal experiences with New Zealand's common law and statutory legal system provide creative options for federal Indian lawyers to consider for indigenous legal advocacy in the U.S. context.... 2004
Lawrence R. Baca Meyers V. Board of Education: the Brown V. Board of Indian Country 2004 University of Illinois Law Review 1155 (2004) The U.S. Supreme Court announced the constitutional promise of an equal, unified education for African American students by deciding Brown v. Board of Education in 1954, but it would take another forty years before a federal court even addressed the basic question of whether American Indians share a similar right to equal educational opportunities.... 2004
Angela M. Monguia (Fall 2001) Mississippi Band of Choctaw Indians V. Holyfield 14 Journal of Contemporary Legal Issues 297 (2004) The United States comprises 50 sovereign States and more than 500 federally recognized, effectively sovereign tribal governments. The Indian Child Welfare Act (ICWA) of 1978 reflects Congress' recognition that the continued sovereignty of the Indian Reservations depends on the preservation of their culture from generation to generation. The Act's... 2004
Scott C. Idleman MULTICULTURALISM AND THE FUTURE OF TRIBAL SOVEREIGNTY 35 Columbia Human Rights Law Review 589 (Summer 2004) One of the most important things to understand about American Indian tribes is the simple fact that tribes are governments--not non-profit organizations, not interest groups, not an ethnic minority. The history of American culture is rich with social and ideological movements of every sort, from the temperance and abolitionist efforts at the outset... 2004
  Native American Resources 2004 ABA Environment, Energy, and Resources Law: The Year in Review 237 (2004) Legislation enacted by Congress in 2003 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 tribes and resources. A number of acts relating to one or more specific tribes were enacted, but are not... 2004
  Native American Sovereignty on Trial: a Handbook with Cases, Law, and Documents. By Bryan H. Wildenthal. Santa Barbara, Ca: Abc-clio Press, 2003. Pg. 359. $55.00 Hardback. 44 Natural Resources Journal 924 (Summer 2004) From 1830 to 1836, George Caitlin traveled around the western United States to paint plains Indians. Caitlin, a lawyer turned painter, sought to preserve the customs and appearance of the Indians through his work. He idealized the Indians' relationship with nature and hoped that his Indian Gallery would help defend and preserve their way of... 2004
Thomas Morehouse Native Claims and Political Development 24 Journal of Land, Resources, and Environmental Law 413 (2004) Native claims movements and settlements are much more than just economic transactions--they are critical episodes in the political development of aboriginal peoples, and in the control of natural as well as cultural resources. Native claims movements and settlements involve land transfers and cash payments to Native peoples. Native political... 2004
Colleen M. Diener Natural Resources Management and Species Protection in Indian Country: Alternatives to Imposing Federal and State Enforcement upon Tribal Governments and Native Americans 41 Idaho Law Review 211 (2004) C1-3TABLE OF CONTENTS I. ENDANGERED SPECIES ACT BACKGROUND AND PURPOSES. 212 II. RELATIONSHIP BETWEEN SOVEREIGNS UNDER THE ESA. 213 A. Federal and State Dynamics. 213 B. ESA Connection with Tribal Governments. 215 1. Guarantees and Doctrines Governing Federal-Tribal Relationships. 216 a. Federal Indian Policy. 216 b. Federal Trust Obligation over... 2004
Christopher Andrew Eason O Centro V. Ashcroft: American Indians' Efforts to Secure Religious Freedoms Are Paving the Way for Other Minority Religious Groups 28 American Indian Law Review 327 (2003-2004) [T]he theoretical underpinning of the free exercise clause, best reflected in Madison's writings, is that the claims of the universal sovereign precede the claims of civil society, both in time and in authority, and that when the people vested power in the government over civil affairs, they necessarily reserved their unalienable right to the... 2004
Heidi McNeil Staudenmaier Off-reservation Native American Gaming: an Examination of the Legal and Political Hurdles 4 Nevada Law Journal 301 (Winter 2003/2004) The Indian Gaming Regulatory Act of 1988 (IGRA) permits Native American Tribes to conduct gaming on land acquired outside of the tribe's traditional reservation or other trust lands. However, before a tribe may undertake gaming on such off-reservation lands - unless another exception applies - the tribe must first obtain a determination from... 2004
Erin Ruble, Gerald Torres Perfect Good Faith 5 Nevada Law Journal 93 (Fall 2004) The question we are addressing in this essay is one that has bedeviled the evolution of Indian law from the beginning. How is colonialism to be reconciled with republican constitutionalism? We do not anticipate that we will be able to resolve the problems we surface, but we hope that we can, at minimum, provide another way of looking at the role of... 2004
Ambassador Delano E. Lewis, Sr. Personal Perspective: a Native Kansan and African-american Relates the Impact of Brown V. Board of Education on His Educational and Professional Journey 43 Washburn Law Journal 375 (Winter 2004) Thank you. It is an honor to be here. It always feels good to come back home. I am truly honored. It is very humbling to be here. I graduated over forty years ago from Washburn Law School. Thank you for allowing me to speak on the impact of Brown on my professional and educational journey. I am a native Kansan and very, very proud of it. Gayle and... 2004
Bethany R. Berger Power over this Unfortunate Race: Race, Politics and Indian Law in United States V. Rogers 45 William and Mary Law Review 1957 (April, 2004) C1-5Table of Contents L1-4,T4Introduction 1960 I. L2-4,T4The Rogers Decision 1965 II. L2-4,T4Unmasking the Law 1970 A. L3-4,T4Indian Law Before Rogers in Congress and the Court 1970. B. L3-4,T4Back to the Facts 1981. 1. Developing the Test Case. 1982 2. Fabricating a Jurisdictional Gap. 1992 3. Prosecuting the Dead Defendant. 1998 III. L2-4,T4The... 2004
Saami Council, Swedish Section Project Proposal - Comparative Analysis: Culture, Customs, and Traditions of Indigenous Peoples 21 Arizona Journal of International & Comparative Law L. 1 (Spring, 2004) There are an estimated 300 million indigenous peoples living in approximately 70 countries in the world, mainly in developing countries. They have diverse cultures, traditions, and languages, and are among the poorest and most disadvantaged, living as they often do, in remote isolated areas. They are also often marginalized from socio-economic and... 2004
Marcia Yablon Property Rights and Sacred Sites: Federal Regulatory Responses to American Indian Religious Claims on Public Land 113 Yale Law Journal 1623 (May, 2004) According to the National Trust for Historic Preservation, the Kw'st'an Sacred Sites at Indian Pass in Imperial County, California, are one of America's eleven most endangered historic places. For thousands of years, American Indians from the Quechan tribe have undertaken spiritual pilgrimages to these sites and conducted religious ceremonies known... 2004
Jeffrey H. Wood Protecting Native Coastal Ecosystems: Czma and Alaska's Coastal Plain 19-SUM Natural Resources & Environment 57 (Summer, 2004) As America searches for new sources of energy, oil companies are urgently pressing Congress to open the oil-rich fields of Alaska's coastal plain. Off limits to oil exploration since its inception, opening the Arctic National Wildlife Refuge to resource exploitation is a linchpin of President Bush's energy policy. Energy and national defense... 2004
Thomas J. Krumenacher Protection for Indigenous Peoples and Their Traditional Knowledge: Would a Registry System Reduce the Misappropriation of Traditional Knowledge? 8 Marquette Intellectual Property Law Review 143 (Winter 2004) Is there a need to develop a registry system to help reduce the misappropriation of traditional knowledge and to protect the intellectual property rights of indigenous peoples? Intellectual property rights are an important economic factor in industrialized nations, but a majority of the world's population lives in less developed countries where... 2004
Gloria Valencia-Weber Racial Equality: Old and New Strains and American Indians 80 Notre Dame Law Review 333 (November, 2004) Prologue. 334 Introduction: American Indian Sovereigns Are More Than Race Only. 334 I. The Colonial Male Model of Equality. 338 II. American Indians, the Political Collective, and Individuals. 341 A. Contemporary Tribal Sovereigns. 341 B. Indians as Individuals: The Non-Citizen Other in the Constitution. 347 III. Constitutional and Indigenous... 2004
Steven R. Donziger Rainforest Chernobyl: Litigating Indigenous Rights and the Environment in Latin America 11 No. 2 Human Rights Brief Brief 1 (Winter, 2004) Aguinda v. ChevronTexaco, currently being heard in the Superior Court of Sucumbios in the Ecuadorian Amazon, has the potential to set a precedent that could benefit millions of persons victimized by human rights abuses committed by multinational corporations pursuing economic gain. Initiated by solo practitioner Cristobal Bonifaz in 1993,... 2004
Steve Russell, Indiana University Real Indians: Identity and the Survival of Native America Eva Marie Garroutte (Berkeley: University of California Press, 2003) 27 PoLAR: Political and Legal Anthropology Review 147 (May, 2004) The only sensible response to the question, Who is Indian? is another question, or several: When is the question being asked? By whom? For what purpose? Eva Marie Garroutte joins Circe Sturm (2002) in combining library scholarship with ethnography to address these issues. The problem with ethnography as a tool for the job is, of course, that it... 2004
Steven Andrew Light , Kathryn R.L. Rand Reconciling the Paradox of Tribal Sovereignty: Three Frameworks for Developing Indian Gaming Law and Policy 4 Nevada Law Journal 262 (Winter 2003/2004) Wow, man - Indians have it good! - Eric, upon arriving at the Three Feathers casino, on Fox television's South Park Indian gaming, perhaps more so than any issue facing tribes in the last half-century, is a subject of ever-increasing public fascination and policy debate. In tribal gaming's second decade of rapid expansion across the country,... 2004
Raymond Cross Reconsidering the Original Founding of Indian and Non-indian America: Why a Second American Founding Based on Principles of Deep Diversity Is Needed 25 Public Land & Resources Law Review 61 (Spring 2004) As man advances in civilization, and small tribes are united into larger communities, the simplest reason would tell each individual that he ought to extend his social instincts and sympathies to all the members of the same nation, though personally unknown to him. This point being once reached, there is only an artificial barrier to prevent his... 2004
Lorie M. Graham Resolving Indigenous Claims to Self-determination 10 ILSA Journal of International and Comparative Law 385 (Spring, 2004) Let us put our minds together and see what kind of future we can build for our children. -Hunkpapa Lakota Leader, 1876 The right of self-determination is vitally important to indigenous peoples. self-determination is closely linked to cultural survival, economic development, and the realization of other basic human rights. This right has gradually... 2004
Michael C. Blumm Retracing the Discovery Doctrine: Aboriginal Title, Tribal Sovereignty, and Their Significance to Treaty-making and Modern Natural Resources Policy in Indian Country 28 Vermont Law Review 713 (Spring, 2004) C1-3Table of Contents L1-2,T2Introduction 713. I. The Origins of the Discovery Doctrine. 719 II. Judicial Recognition of Indian Title: Fletcher v. Peck. 726 III. Judicial Ratification of the Discovery Doctrine: Johnson v. M'Intosh. 731 IV. Clarifying Aboriginal Rights and Federalizing Indian Affairs: The Cherokee Cases. 747 V. The Legacy of the... 2004
Amina Para Matlon Safeguarding Native American Sacred Art by Partnering Tribal Law and Equity: an Exploratory Case Study Applying the Bulun Bulun Equity to Navajo Sandpainting 27 Columbia Journal of Law & the Arts 211 (Winter 2004) To produce At the Waterhole without strict observance of the law governing its production diminishes its importance and interferes adversely with the relationship and trust established between myself, my ancestors and Barnda. Production without observance of our law is a breach of that relationship and trust. The continuance of that relationship... 2004
Gloria Valencia-Weber Santa Clara Pueblo V. Martinez: Twenty-five Years of Disparate 14-FALL Kansas Journal of Law & Public Policy 49 (Fall, 2004) In 1978, the Supreme Court decided in Santa Clara Pueblo v. Martinez that it was constitutionally permissible for the Pueblo to enforce a membership ordinance that expressly treated female members in a disabling and different way than male members. The ordinance denied membership in the tribe to children of female members who marry outside the... 2004
Matthew L.M. Fletcher Sawnawgezewog : "The Indian Problem" and the Lost Art of Survival 28 American Indian Law Review 35 (2003/2004) After such knowledge, what forgiveness? Think now History has many cunning passages, contrived corridors And issues, deceives with whispering ambitions, Guides us by vanities. When I was a staff attorney for a Puget Sound Tribe in Washington, local property owners sued the Tribe, objecting to the Tribe's new housing development. They were a group... 2004
Amber L. McDonald Secularizing the Sacrosanct: Defining "Sacred" for Native American Sacred Sites Protection Legislation 33 Hofstra Law Review 751 (Winter 2004) A kind of poverty results from the decimation of cultural resources and the reduction of cultural diversity. The death of the religion of any indigenous American people shames and impoverishes our society. For more than 120 years, the Navajo people worshipped at Utah's Rainbow Bridge, a nearby spring, a cave and a prayer spot on a tributary of... 2004
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