| Author | Title | Citation | Summary | Year |
| by Pippin C. Brehler |
South Florida Water Management District |
2003-04 Preview of United States Supreme Court Cases 201 (1/5/2004) |
A Native American tribe and a grass-roots environmental organization sued to compel a state agency to obtain an NPDES permit under the Clean Water Act for operation of a pumping station that conveys polluted water from a drainage canal into a water conservation area in Florida's Everglades. The pumping station itself does not add any pollutants to... |
2004 |
| Kristin Carden |
South Florida Water Management District V. Miccosukee Tribe of Indians |
28 Harvard Environmental Law Review 549 (2004) |
Our homelands are critical to our cultural identity, and the fight for our homeland is always the core of whatever [we] do. Last Term, the Supreme Court decided whether, under the Clean Water Act (CWA), the South Florida Water Management District must acquire National Pollution Discharge Elimination System (NPDES) permits before backpumping... |
2004 |
| Nancy Kremers |
Speaking with a Forked Tongue in the Global Debate on Traditional Knowledge and Genetic Resources: Are U.s. Intellectual Property Law and Policy Really Aimed at Meaningful Protection for Native American Cultures? |
15 Fordham Intellectual Property, Media and Entertainment Law Journal L.J. 1 (Autumn 2004) |
Introduction. 3 I. An Overview: What is TKGRF, How Does It Differ From Other Intellectual Property, and What Are Some of the TKGRF-Related Legal Controversies and Proposed Solutions that Have Arisen in Recent Years?. 10 A. Defining and Differentiating TKGRF. 10 B. Summary of the Legal Issues and Disputes to Date in TKGRF. 16 1. Complexity of TKGRF... |
2004 |
| Steven Andrew Light, Ph.D. , Kathryn R.L. Rand, J.D. , Alan P. Meister, Ph.D. |
Spreading the Wealth: Indian Gaming and Revenue-sharing Agreements |
80 North Dakota Law Review 657 (2004) |
Nobody cared about the tribes when they had nothing. Now we're looking at an era of transformation between Indian governments and surrounding communities. -- Sycuan Band of the Kumeyaay Nation attorney George Forman For [California Governor Arnold Schwarzenegger], these [compact] negotiations are about much more than money. . . .They're about... |
2004 |
| Erik B. Bluemel |
Substance Without Process: Analyzing Trips Participatory Guarantees in Light of Protected Indigenous Rights |
86 Journal of the Patent and Trademark Office Society 671 (September, 2004) |
L1-4,T4Introduction 673 I. L2-4,T4Indigenous Participatory Rights in International Environmental Law 675 A. L3-4,T4Stakeholder View 676. B. L3-4,T4Statist View 678. C. L3-4,T4Rights-Based View 680. II. L2-4,T4Analyzing the Trade Related Aspects of Intellectual Property Rights Regime 683 A. L3-4,T4Substantive Rights 684. B. L3-4,T4Participatory... |
2004 |
| Bryan Cahill |
Teague V. Bad River Band of Lake Superior Tribe of Chippewa Indians: Bringing the Federal Exhaustion Rule of Tribal Remedies Home to Wisconsin Courts |
2004 Wisconsin Law Review 1291 (2004) |
Introduction. 1292 I. Background: The Facts and Holding of Teague III. 1300 A. The Facts. 1302 B. A Review of Teague II. 1306 C. Teague III: The Decision. 1308 1. Allocating Jurisdiction Using Principles of Comity. 1309 2. Determining Whether to Enforce the Tribal Court Judgment. 1310 II. Allocating Civil Jurisdiction Between State and Tribal... |
2004 |
| Bryan Cahill |
TEAGUE V. BAD RIVER BAND OF LAKE SUPERIOR TRIBE OF CHIPPEWA INDIANS: BRINGING THE FEDERAL EXHAUSTION RULE OF TRIBAL REMEDIES HOME TO WISCONSIN COURTS |
2004 Wisconsin Law Review 1291 (2004) |
Introduction. 1292 I. Background: The Facts and Holding of Teague III. 1300 A. The Facts. 1302 B. A Review of Teague II. 1306 C. Teague III: The Decision. 1308 1. Allocating Jurisdiction Using Principles of Comity. 1309 2. Determining Whether to Enforce the Tribal Court Judgment. 1310 II. Allocating Civil Jurisdiction Between State and Tribal... |
2004 |
| Jon Groetzinger |
The Arctic and Energy: Exploration and Exploitation Issues; Indigenous Peoples; Industry |
30 Canada-United States Law Journal 299 (2004) |
I was really delighted when Henry asked me to moderate the panel today because I have a real love for the Northern Wilderness areas of the U.S. and Canada. Last summer, we spent part of summer white water canoeing up on Allagash, which forms the border that is the St. John River of Canada and the U.S. I have a great story to tell you. We had a guy... |
2004 |
| Chief Joe Linklater |
The Arctic and Energy: Exploration and Exploitation Issues; Indigenous Peoples; Industry |
30 Canada-United States Law Journal 301 (2004) |
Well, first of all, I'd like to thank Dr. King and his staff and the students for inviting us to this conference. I'd also like to congratulate you on the success or what seems to be a very successful conference to date. In addition, I want to give further congratulations for getting so many lawyers here during prime billing hours. I have a... |
2004 |
| Councilor Sandra Newman |
The Arctic and Energy: Exploration and Exploitation Issues; Indigenous Peoples; Industry |
30 Canada-United States Law Journal 307 (2004) |
Good afternoon. I have to get my time correct. I never know if I am in the east, west, north, or south sometimes. We are all over the place. Outside, just before we did our presentation. We met a couple of people and they asked what city are you from? The Chief said, Old Crow, Yukon. They said, well, how many people in your city? We replied... |
2004 |
| Robert McCarthy |
The Bureau of Indian Affairs and the Federal Trust Obligation to American Indians |
19 BYU Journal of Public Law L. 1 (2004) |
I. Introduction A. BIA: Bossing Indians Around 4 B. Bashing the BIA 5 C. Defending the BIA 8 D. Reforming the BIA 10 E. Understanding the BIA 14 II. The BIA and the Federal Trust Obligation to American Indians A. The BIA and the Department of the Interior 15 B. Statutory and Regulatory Authorities 18 C. Enforcement of the Federal Trust... |
2004 |
| Derek de Bakker |
The Court of Last Resort: American Indians in the Inter-american Human Rights System |
11 Cardozo Journal of International and Comparative Law 939 (Spring 2004) |
The American legal system's indifference to the plight of its indigenous people has forced Indian nations in the United States to seek a new recourse for their human rights complaints. Time and again, Indians have tried to air their grievances within the framework of the American judicial system, and time and again they have been met by a hostile... |
2004 |
| Therese Bissell |
The Digital Divide Dilemma: Preserving Native American Culture While Increasing Access to Information Technology on Reservations |
2004 University of Illinois Journal of Law, Technology and Policy 129 (Spring 2004) |
[I]nformation is power. The development of a Navajo Nation information infrastructure is a historic event that holds many possibilities. A comparison of the access to technology on Native American reservations with urban American settings reveals a great divide. For example, only 39% of Native Americans living in rural areas have telephone... |
2004 |
| Christian C. Bedortha |
The House Always Wins: a Look at the Federal Government's Role in Indian Gaming & the Long Search for Autonomy |
6 Scholar: St. Mary's Law Review on Minority Issues 261 (Spring 2004) |
I. Introduction. 262 II. Native Americans and the United States. 263 A. A Brief History of Early Encounters. 263 1. When the World Was Flat. 263 2. Free to Roam No More. 264 B. Indian Sovereignty. 264 1. This Land is Our Land?. 264 2. New Government Blues. 265 3. The State(s) of the Union. 266 C. The Federal Trust Responsibility. 267 1.... |
2004 |
| Robert Odawi Porter |
The Inapplicability of American Law to the Indian Nations |
89 Iowa Law Review 1595 (May, 2004) |
Introduction. 1596 I. The Independent Foundation of Indigenous Legal Analysis. 1599 A. Treaty Recognition. 1600 B. American Common-Law Recognition. 1602 C. International Law Recognition. 1603 D. The Struggle for Jurisprudential Autonomy. 1604 II. How American Law Has Come to Apply to the Indian Nations. 1608 A. By Agreement. 1608 B. By Colonial... |
2004 |
| Thomas R. Myers , Jonathan J. Siebers |
The Indian Child Welfare Act |
83-JUL Michigan Bar Journal 19 (July, 2004) |
When Congress passed the Indian Child Welfare Act (ICWA), American-Indian children faced a disproportionately high risk of removal from their homes by non-American-Indian social workers. Most of these children ended up in non-American-Indian homes, which led to the break-up of American-Indian families and ultimately to the loss of future tribal... |
2004 |
| Marcia Yablon |
The Indian Child Welfare Act Amendments of 2003 |
38 Family Law Quarterly 689 (Fall, 2004) |
This paper analyzes the potential impact of a number of the proposed amendments to the Indian Child Welfare Act. The paper argues that if adopted, these amendments would significantly improve the application of the ICWA by clarifying many of the issues that have caused the greatest disagreement among courts. The paper also addresses a glaring... |
2004 |
| Andrea V. W. Wan |
The Indian Child Welfare Act and Iñupiat Customs: a Case Study of Conflicting Values, with Suggestions for Change |
21 Alaska Law Review 43 (June, 2004) |
This Article analyzes the Indian Child Welfare Act (ICWA) and its capacity to fulfill its primary goal--the return of partial control over child welfare proceedings to Indian and Alaska Native tribes. Drawing both from legal sources and Alaska Native anthropological sources, the Article examines the misalignment of Federal and Alaska state law to... |
2004 |
| Scott C. Hall |
The Indian Law Canons of Construction V. the Chevron Doctrine: Congressional Intent and the Unambiguous Answer to the Ambiguous Problem |
37 Connecticut Law Review 495 (Winter, 2004) |
Although the Supreme Court has avoided the issue in the recent past, eventually the Court must resolve the current split among the circuits regarding the interplay between the Indian law canons of construction and the Chevron doctrine in reviewing administrative agency interpretations of statutes dealing with Indians. In deciding this issue, the... |
2004 |
| Nina Ivanichvili |
The Person Behind the Face: a Lawyer's Guide to Cross-cultural Depositions |
61-JUL Bench and Bar of Minnesota 22 (July, 2004) |
The skillful interpretation of languages is both a craft and an art. In the 1964 Cold War drama, Fail-Safe, Henry Fonda plays a U.S. president who must avoid all-out nuclear war by convincing the Soviet premier that U.S. bombers have been mistakenly sent to attack Moscow with nuclear weapons. By his side at the hotline is his Russian interpreter,... |
2004 |
| Jose Mencio Molintas |
The Philippine Indigenous Peoples' Struggle for Land and Life: Challenging Legal Texts |
21 Arizona Journal of International & Comparative Law 269 (Spring, 2004) |
Numerous issues and concerns of indigenous peoples have witnessed significant breakthroughs both locally and internationally in recent decades. Various means of struggle both within and without the formal legal system have been employed. Defending ancestral lands and their resources remains the major issue. Implicit in this battle to protect land... |
2004 |
| Terrion L. Williamson |
The Plight of "Nappy-headed" Indians: the Role of Tribal Sovereignty in the Systematic Discrimination Against Black Freedmen by the Federal Government and Native American Tribes |
10 Michigan Journal of Race and Law 233 (Fall 2004) |
INTRODUCTION. 234 I. Background. 237 A. Freedmen Within the Seminole Nation. 237 B. Davis v. United States. 239 C. Freedmen Within the Cherokee, Creek, Choctaw, and Chickasaw Nations. 240 1. Cherokee Freedmen. 240 2. Creek Freedmen. 241 3. Choctaw and Chickasaw Freedmen. 242 D. The Legacy of Slavery in the United States. 243 1. Remnants of Slavery.... |
2004 |
| Terrion L. Williamson |
THE PLIGHT OF "NAPPY-HEADED" INDIANS: THE ROLE OF TRIBAL SOVEREIGNTY IN THE SYSTEMATIC DISCRIMINATION AGAINST BLACK FREEDMEN BY THE FEDERAL GOVERNMENT AND NATIVE AMERICAN TRIBES |
10 Michigan Journal of Race and Law 233 (Fall 2004) |
INTRODUCTION. 234 I. Background. 237 A. Freedmen Within the Seminole Nation. 237 B. Davis v. United States. 239 C. Freedmen Within the Cherokee, Creek, Choctaw, and Chickasaw Nations. 240 1. Cherokee Freedmen. 240 2. Creek Freedmen. 241 3. Choctaw and Chickasaw Freedmen. 242 D. The Legacy of Slavery in the United States. 243 1. Remnants of Slavery.... |
2004 |
| Sarah Deer |
Toward an Indigenous Jurisprudence of Rape |
14-FALL Kansas Journal of Law & Public Policy 121 (Fall, 2004) |
But to speak, at whatever the cost, is to become empowered rather than victimized by destruction. In our tribal cultures the power of language to heal, to regenerate, and to create is understood. Joy Harjo, Muscogee This article is inspired by the conversations about sexual violence I have had with Native women over the past few years. It is also... |
2004 |
| William H. Rodgers, Jr. |
Treatment as Tribe, Treatment as State: the Penobscot Indians and the Clean Water Act |
55 Alabama Law Review 815 (Spring 2004) |
(T)he Penobscot Tribe of Indians (is declared) to be enemies,rebels and traitors to his Majesty. Proclamation of War, Colony of Massachusetts, Council Chamber in Boston, November 3, 1755 The Indians say, that the (Penobscot) river once ran both ways, one half up and the other down, but, that since the white man came, it all runs down, and now... |
2004 |
| Amy Radon |
Tribal Jurisdiction and Domestic Violence: the Need for Non-indian Accountability on the Reservation |
37 University of Michigan Journal of Law Reform 1275 (Summer 2004) |
Domestic violence is a severe problem for tribes across the nation, as their female members are victimized at highly disproportionate rates compared to members of dominant society. Many tribes have sophisticated domestic violence codes to combat the problem, but they are powerless to prosecute the majority of those who will abuse Indian women: non-... |
2004 |
| Judith Resnik |
TRIBES, WARS, AND THE FEDERAL COURTS: APPLYING THE MYTHS AND THE METHODS OF MARBURY v. MADISON TO TRIBAL COURTS' CRIMINAL JURISDICTION |
36 Arizona State Law Journal 77 (Spring, 2004) |
C1-3Table of Contents I. Constitutionalism as Reasoning About Constraint. 78 II. Federal Indian Law and the Problems of Authority. 93 III. Difference, Assimilation, and Sovereignty. 96 IV. Jurisdiction by Distrust of the Other Court System. 102 V. Jurisdiction by Political Affiliation. 111 VI. Sources of Sovereignty, Double Jeopardy, and... |
2004 |
| by Melissa L. Tatum |
United States |
2003-04 Preview of United States Supreme Court Cases 214 (1/5/2004) |
The issue in this case is whether the Double Jeopardy Clause prevents the federal government from prosecuting a nonmember Indian for the same activity to which he pled guilty in tribal court. To resolve that issue, however, the Court must decide how to interpret a federal statute in which Congress recognized and affirmed the inherent power of... |
2004 |
| Bethany R. Berger |
United States V. Lara as a Story of Native Agency |
40 Tulsa Law Review Rev. 5 (Fall 2004) |
Like our ancestors, we must do battle for the rights of our tribes, for our survival as Indian nations and Indian people. Like they did, we must wage war on every front where our rights are threatened. American politics is one such battleground--a vast one, an important one, perhaps the most important one. If we retreat from that theater, can we... |
2004 |
| Alex Tallchief Skibine |
United States V. Lara, Indian Tribes, and the Dialectic of Incorporation |
40 Tulsa Law Review 47 (Fall 2004) |
The United States Supreme Court in United States v. Lara upheld the power of Congress to reaffirm and recognize the inherent power of Indian tribes to prosecute non-member Indians. Congressional action in this area became necessary after the Supreme Court in Duro v. Reina held that Indian tribes had been implicitly divested of the inherent power to... |
2004 |
| Alex Tallchief Skibine |
UNITED STATES V. LARA, INDIAN TRIBES, AND THE DIALECTIC OF INCORPORATION |
40 Tulsa Law Review 47 (Fall 2004) |
The United States Supreme Court in United States v. Lara upheld the power of Congress to reaffirm and recognize the inherent power of Indian tribes to prosecute non-member Indians. Congressional action in this area became necessary after the Supreme Court in Duro v. Reina held that Indian tribes had been implicitly divested of the inherent power to... |
2004 |
| Kurt R. Moser |
Water Quality Standards and Indian Tribes: Are Tribes Afraid of Clean Water? |
8 University of Denver Water Law Review 27 (Fall, 2004) |
I. L2-4,T4Introduction 27 II. L2-4,T4State Challenges to EPA Delegations of Water Quality Regulatory Authority to Tribes 29 A. L3-4,T4Facts and Background 31. 1. The Sokaogon (or Mole Lake) Band of Lake Superior Chippewa Indians. 31 2. Treatment as a State and the CWA. 32 3. EPA's Application of the Montana Test. 32 4. Wisconsin's Argument. 34 5.... |
2004 |
| Annalisa Jabaily |
Water Rites: a Comparative Study of the Dispossession of American Indians and Palestinians from Natural Resources |
16 Georgetown International Environmental Law Review 225 (Winter, 2004) |
C1-4Contents I. L2-3,T3Introduction 226. II. L2-3,T3Early Rites: Strands of Regulatory Methods that Precede Israel and the United States 227. A. Some Examples of Resource Regulation under the Ottoman Empire. 227 B. Some Examples of American Indian Resource Regulation. 231 III. L2-3,T3Rites of Passage: The Legal and Ideological Banishment of... |
2004 |
| Robert Laurence |
What Could American Indian Law Possibly Have to Do with the Issue of Gay-marriage Recognition?: Definitional Jurisprudence, Equal Protection and Full Faith and Credit |
24 Northern Illinois University Law Review 563 (Summer 2004) |
C1-3Table of Contents Introduction. 563 I. Indians and Equal Protection. 565 II. Defining a Tribe and a Marriage. 569 III. Cross-Boundary Differences, the Theory of Boundaries and the Perils of Full Faith and Credit. 576 IV. Conclusion: The Dominant Society From Two Different Perspectives. 584 |
2004 |
| Ann C. Juliano |
What Is the Federal Government's Trust Responsibility Towards Removed and Unremoved Indian Nations? |
31 Syracuse Journal of International Law and Commerce 71 (Winter 2004) |
The question of removed and unremoved Indian nations competing with each other arises here in New York in the context of the land claims. There is also a land claim which has been filed in Pennsylvania. There are no federally recognized tribes in Pennsylvania and thus, there is an issue of a removed tribe returning to exercise jurisdiction. This... |
2004 |
| Suzanne Milchan |
Whose Rights Are These Anyway?--a Rethinking of Our Society's Intellectual Property Laws in Order to Better Protect Native American Religious Property |
28 American Indian Law Review 157 (2003/2004) |
In 1999, outrage among the Zia Pueblo peoples within New Mexico escalated over pervasive and unauthorized usage of their religious symbol, an image of a red circle and lines extending outward in four different directions - the Zia Sun. This sacred symbol appeared on snacks, [shirts], buildings and businesses, and, what would be considered... |
2004 |
| Matthew Baumgartner , Elizabeth Ann Kronk |
Winner, Best Appellate Brief in the 2003 Native American Law Student Association Moot Court Competition |
28 American Indian Law Review 237 (2003/2004) |
1. Is the federal criminal indictment and prosecution of Petitioner, an enrolled member of the Rosebud Sioux Tribe, for his role in burglarizing a private residence on the Cheyenne Sioux Reservation barred by the Fifth Amendment's guarantee against double jeopardy following his conviction for the same crime in tribal court? 2. Does Petitioner's... |
2004 |
| Caitlin E. Borgmann |
Winter Count: Taking Stock of Abortion Rights after Casey and Carhart |
31 Fordham Urban Law Journal 675 (March, 2004) |
In 1973, the United States Supreme Court decided Roe v. Wade, the landmark case that established the right to abortion as a fundamental constitutional right. The Court faced its first real opportunity to reverse that monumental decision a mere sixteen years later. In Webster v. Reproductive Health Services, the State of Missouri and the United... |
2004 |
| Lori H. Peoples |
A Call for Uniform Regulation of Intentional Introductions of Non-indigenous Species: the Suminoe Oyster |
81 North Carolina Law Review 2433 (September, 2003) |
The introduction of any non-indigenous species can result in serious environmental and economic harms across large geographic areas. Presently, there is no regulatory framework in North Carolina that would allow persons to object to potentially dangerous introductions of non-indigenous species. The potential introduction of the Suminoe oyster along... |
2003 |
| Marvin L. Simner , Angelo Marcelli , Sergey Ablameyko , Klaus W. Lange , Jairo Rocha , Oliver Tucha , Katsuhiko Ueda |
A Comparison of the Arabic Numerals One Through Nine, Written by Adults from Native English-speaking Vs. Non-native English-speaking Countries |
15 Journal of Forensic Document Examination Examination 1 (Fall, 2003) |
The purpose of this investigation was to examine the hypothesis that when Arabic numerals appear on a questioned document such as a check or passport application, it may be possible to determine if the document was written by a foreign author. In line with the hypothesis, the evidence revealed reliable differences among certain numerical... |
2003 |
| Pedro Juan Windsor Jr. |
A Cry for Freedom: Borikén (Puerto Rico) & Indigenous Nations in America |
7 Journal of Gender, Race and Justice 439 (Fall 2003) |
I. Introduction II. The Supreme Court: Judicial Justification for Imperialism A. Domestic Imperialism: Indigenous Nations & the Supreme Court 1. Johnson v. M'Intosh (1823) 2. U.S. v. Rogers (1846) 3. U.S. v. Kagama (1886) 4. Lone Wolf v. Hitchcock (1903) B. International Imperialism: Puerto Rico & the Supreme Court 1. Downes v. Bidwell (1901) 2.... |
2003 |
| Gabriel S. Galanda |
A Need to Know Indian Law |
64-NOV Oregon State Bar Bulletin 62 (November, 2003) |
In late September, another several hundred citizens successfully transitioned through the Oregon legal community's rite of passage - the state bar examination. The exam tests, or threatens to test, over 25 substantive areas of law. Applicants for admission must stand prepared to analyze principles fundamental to the Anglo-American legal system,... |
2003 |
| John C. Miller, Christopher P. Guzelian |
A Spectrum Revolution: Deploying Ultrawideband Technology on Native American Lands |
11 CommLaw Conspectus 277 (2003) |
While most Americans depend on cell phones and the Internet, many Native American tribes still lack access to adequate telecommunications services. The recent development of ultrawideband (UWB) technology, which operates by utilizing spectrum occupied by existing radio services, could provide tribes with access to high-speed, wireless... |
2003 |
| Luke R. Spellmeier |
A Winning Hand or Time to Fold? State Taxation of Fuel Sales on Kansas Indian Reservations |
43 Washburn Law Journal 141 (Fall 2003) |
Indian travel plaza fuel stops have been popping up on Indian reservations in Kansas as well as the rest of the country. These businesses have been extremely successful, mainly because of their ability to avoid the imposition of state fuel taxes. The financial windfall created for Indian tribes is immeasurable, yet it comes at a steep cost to the... |
2003 |
| Galen Lemei |
Abandoning the Pia Standard: a Comment on Gila V |
9 Michigan Journal of Race and Law 235 (Fall 2003) |
INTRODUCTION. 236 I. The History and Scope of Indian Reserved Rights. 238 A. Water in the Western United States and the Prior Appropriations Doctrine. 238 B. The Origin of Federal Reserved Rights: Winters v. United States. 239 C. Arizona I and the Practicably Irrigable Acreage Standard for Quantifying Indian Reserved Rights. 241 D. Cases Since... |
2003 |
| Andrew P. Richards |
Aboriginal Title or the Paramountcy Doctrine? Johnson V. Mcintosh Flounders in Federal Waters off Alaska in Native Village of Eyak V. Trawler Diane Marie, Inc. |
78 Washington Law Review 939 (August, 2003) |
In Johnson v. McIntosh and its progeny, the United States Supreme Court established the principle that aboriginal title allows Indian tribes to exclusively use and occupy their territories after they come under United States sovereignty. In Native Village of Eyak v. Trawler Diane Marie, Inc., five Alaska Native villages asserted... |
2003 |
| Larry E. Scrivner |
Acquiring Land into Trust for Indian Tribes |
37 New England Law Review 603 (Spring 2003) |
Thank you. I do not know how to follow that very passionate presentation that we just heard, so if you want to go to sleep I will understand. First of all, I want to say thank you to the New England School of Law for asking the Bureau of Indian Affairs (BIA) to participate in this Symposium. The BIA always welcomes the opportunity to explain its... |
2003 |
| Nancy Kubasek |
Amending the Endangered Species Act as If the Native American Land Ethic Mattered |
14 Fordham Environmental Law Journal 241 (Spring 2003) |
When nature ceases to be an object of contemplation and admiration, it can be nothing more than material for an action that aims at transforming it. Albert Camus' words speak to one of the most pressing issues of our day: how are the actions of humans, especially those in the modern industrial world, affecting our planet? Some human... |
2003 |
| Inbal Sansani |
American Indian Land Rights in the Inter-american System: Dann V. United States |
10-WTR Human Rights Rts. 2 (Winter, 2003) |
On July 29, 2002, the Inter-American Commission on Human Rights (Commission), an organ of the Organization of American States (OAS) headquartered in Washington, D.C., released its long-awaited preliminary merits report to the public, stating that the U.S. government is violating international human rights in its treatment of Western Shoshone elders... |
2003 |
| Bryan H. Wildenthal |
American Indian Tribes Enter the New Millennium |
25 Thomas Jefferson Law Review 593 (Summer 2003) |
Reviewing Stephen L. Pevar, The Rights of Indians and Tribes (Southern Illinois University Press, 3d ed. 2002). 421 pp. $15.00. September 17, 1987 marked the 200th anniversary of the signing of the United States Constitution, replete with self-congratulatory celebrations of America's long history of liberty under the rule of law - well, for some... |
2003 |