| Author | Title | Citation | Summary | Year |
| |
Amici Curiae Brief to the United States Supreme Court on Behalf of the University of Michigan Asian Pacific American Law Students Association, Black Law Students' Alliance, Latino Law Students Association, and Native American Law Students Association, in |
10 Michigan Journal of Gender & Law L. 1 (2003) |
Editorial Introduction. 2 Biographies of Student Contributors. 3 Brief of the University of Michigan Asian Pacific American Law Students Association, Black Law Students' Alliance, Latino Law Students Association, and Native American Law Students Association as Amici Curiae in Support of Respondents in Grutter v. Bollinger, et. al.. 7 I. Interest of... |
2003 |
| Amanda B. Westphal |
An Argument in Favor of Abrogating the Use of the Best Interests of the Child Standard to Circumvent the Jurisdictional Provisions of the Indian Child Welfare Act in South Dakota. |
49 South Dakota Law Review 107 (2003) |
The South Dakota Supreme Court has always recognized the needs of the children are paramount and that their best interests must prevail. However, in cases dealing with the Indian Child Welfare Act the South Dakota Supreme Court has the right answer but to the wrong question. Under ICWA, the question state court judges should be asking is not what... |
2003 |
| Ann M. Little, Colorado State University |
Ann Marie Plane, Colonial Intimacies: Indian Marriage in Early New England, Ithaca: Cornell University Press, 2000. Pp. Xv + 243. $39.95 (Isbn 0-8014-3291-x) |
21 Law and History Review 630 (Fall, 2003) |
Women's historians and historians of Native Americans have become practiced at making much out of a very thin base of sources. Anne Marie Plane's Colonial Intimacies: Indian Marriage in Early New England offers a treasure of evidence and anecdotes about Native American women's and family history, reflecting years of dedication to researching a... |
2003 |
| Robert Laurence |
Antipodean Reflections on American Indian Law |
20 Arizona Journal of International & Comparative Law 533 (Fall, 2003) |
Travel narrows. - Morris Zapp As Morris Zapp observes, travel as a liberal or liberating phenomenon is overrated. Too often travelers see what they expect to see, and take from their experiences away from home mere justifications for the prejudices they left with. Conservatives tend to discover abroad rationalizations for their conservatism;... |
2003 |
| Eric S. Lent |
Are States Beating the House?: the Validity of Tribal-state Revenue Sharing under the Indian Gaming Regulatory Act |
91 Georgetown Law Journal 451 (January, 2003) |
The Indian gaming industry has exploded since Congress enacted the Indian Gaming Regulatory Act (IGRA) in 1988. By the year 2000, gross revenues from Indian gaming exceeded $10.6 billion, up from approximately $100 million before the passage of IGRA. This is an increase of more than two thousand percent over twelve years. Of course, the number of... |
2003 |
| Eric S. Lent |
ARE STATES BEATING THE HOUSE?: THE VALIDITY OF TRIBAL-STATE REVENUE SHARING UNDER THE INDIAN GAMING REGULATORY ACT |
91 Georgetown Law Journal 451 (January, 2003) |
The Indian gaming industry has exploded since Congress enacted the Indian Gaming Regulatory Act (IGRA) in 1988. By the year 2000, gross revenues from Indian gaming exceeded $10.6 billion, up from approximately $100 million before the passage of IGRA. This is an increase of more than two thousand percent over twelve years. Of course, the number of... |
2003 |
| Gabriel S. Galanda |
Arizona Indian Law |
39-JAN Arizona Attorney 24 (January, 2003) |
An earlier version of this article appeared in Trial News, June 2002, © Washington State Trial Lawyers Association. Reprinted and revised with permission. Over the past decade, the 21 federally recognized Indian tribes in Arizona have become major players in local, state and national economies. Arizona tribes are aggressively creating and operating... |
2003 |
| Karen K. Narasaki, Vincent A. Eng, Terry M. Ao, National Asian Pacific American Legal Center, Mark A. Packman, Attorney of Record, Jonathan M. Cohen, Robert Thoron Taylor, Joel E Greer, Gilbert Heintz, Randolph |
Brief of Amici Curiae National Asian Pacific American Legal Consortium, Asian Law Caucus, Asian Pacific American Legal Center, et Al. , in Support of Respondents in Barbara Grutter, Petitioner, V. Lee Bollinger, et Al., Respondents and Jennifer Gratz, et |
10 Asian Law Journal 295 (May, 2003) |
The National Asian Pacific American Legal Consortium (NAPALC) is a national, nonprofit, nonpartisan organization whose mission is to advance the legal and civil rights of Asian Pacific Americans. NAPALC is committed to supporting affirmative action as a way of ensuring equal opportunities for women and minorities. Joining NAPALC as amici curiae... |
2003 |
| |
Brief of Amici Curiae, the New Mexico Hispanic Bar Association, the New Mexico Black Lawyers Association, and the New Mexico Indian Bar Association |
14 Berkeley La Raza Law Journal 51 (Spring 2003) |
Edward Benavidez Counsel of Record 10428 Heron Rd. SW, ABQ, NM 87121 505-831-5293 David Urias 1 New York Plaza, NY, NY 10004 Ernestina Cruz 500 Marquette NW, ABQ, NM 87102 Amici curiae are three organizations together representing over five hundred New Mexico attorneys, most of whom self identify as Hispanic, African American or Native American.... |
2003 |
| Joseph William Singer |
CANONS OF CONQUEST: THE SUPREME COURT'S ATTACK ON TRIBAL SOVEREIGNTY |
37 New England Law Review 641 (Spring 2003) |
We desire you to consider, brothers, that our only demand is the peaceable possession of a small part of our once great country. Look back and review the lands from whence we have been driven to this spot. We can retreat no farther . . .. When the Supreme Court decided Bush v. Gore on December 12, 2000, the entire country paid attention. The Court... |
2003 |
| George Jackson III |
Chickasaw Nation V. United States and the Potential Demise of the Indian Canon of Construction |
27 American Indian Law Review 399 (2002-2003) |
On November 27, 2001, the Supreme Court decided Chickasaw Nation v. United States, ruling that §§ 4401(a)(1) and 4411 of the Internal Revenue Service Code of 1986 (I.R.C. or the Code) applied to pull-tab gaming activities conducted on tribal land. The Court heard this case on a writ of certiorari from the Tenth Circuit, which in April 2000, also... |
2003 |
| Graydon Dean Luthey, Jr. , of the Oklahoma Bar |
Chickasaw Nation V. United States: the Beginning of the End of the Indian-law Canons in Statutory Cases and the Start of the Judicial Assault on the Trust Relationship? |
27 American Indian Law Review 553 (2002-2003) |
The significance of Chickasaw Nation v. United States arguably transcends the obscure question of statutory construction involving federal taxation of tribal pull-tab operations that the decision resolves. The Court in Chickasaw Nation, in a clever assault on the primacy of the Indian canons of construction, through an unprecedented reading out of... |
2003 |
| Douglas R. Nash , Christopher P. Graham |
Cobell V. Norton - Indian Trust Fund Management Litigation Takes Center Stage |
46-MAR Advocate 15 (March, 2003) |
Over the past seven years, litigation has literally raged in the United States District Court for the District of Columbia over the federal government's mismanagement of Indian trust funds. The final outcome of this litigation, which may be years in the future, will have far-reaching impacts on the government's trust obligations to Indian people... |
2003 |
| Samara D. Anderson |
Colonialism Continues: a Comparative Analysis of the United States and Brazil's Exploitation of Indigenous Peoples' Forest Resources |
27 Vermont Law Review 959 (Summer, 2003) |
We indigenous people have been the guardians of Mother Earth until now. We don't want the march of progress and economic ambition to inflict further wounds. On the contrary, we want to find new allies, allies for the survival of our planet. Despite the well-known prophesy that [t]hose who do not know history are doomed to repeat it, history is... |
2003 |
| Ann C. Juliano |
Conflicted Justice: the Department of Justice's Conflict of Interest in Representing Native American Tribes |
37 Georgia Law Review 1307 (Summer, 2003) |
Father, I feel the conflict within you-Luke Skywalker There is no conflict-Darth Vader. Return of the Jedi (Lucas Film Ltd. 1983). The Department of Justice takes a very Darth Vader-like position in its representation of Native American tribes. The Department of Justice refuses to recognize the existence of a conflict between its obligations to... |
2003 |
| |
Constitutional Law -- Voting Rights -- Native Hawaiians -- Ninth Circuit Invalidates Office of Hawaiian Affairs Trustee Requirement. -- Arakaki V. Hawaii, 314 F.3d 1091 (9th Cir. 2002) |
116 Harvard Law Review 2694 (June, 2003) |
Recent debates over slavery reparations and affirmative action have trained a spotlight on the issue of redressing historical wrongs committed against discrete communities. Because so many historical rights violations occurred on the basis of race or ethnicity, attempts to remedy these wrongs often employ racial classifications. Courts have found... |
2003 |
| Judith G. Greenberg |
Criminalizing Dowry Deaths: the Indian Experience |
11 American University Journal of Gender, Social Policy and the Law 801 (2003) |
Introduction. 801 I. Background: The Anti-Dowry Violence Criminal Laws. 805 II. Problem One: Enforcement Through a Criminal Justice System not Trained in the Dynamics of Domestic Violence. 809 III. Problem Two: Criminalizing only Dowry Violence Implies that other Forms of Domestic Violence Against Women are Acceptable. 818 IV. Problem Three:... |
2003 |
| Martha Vazquez , Taiawagi “Tai” Helton , Paul Frye , Gloria Valencia-Weber , Samuel Winder , John Echohawk , Moderator |
Current Issues in Native American Law |
51 University of Kansas Law Review 249 (February, 2003) |
JUDGE VAZQUEZ: Okay. Well, forty-five minutes is pretty brief considering the topic that we have today. We have some very impressive speakers and their materials are in the back of the room. There will not be time for them to go over their materials but they are fabulous materials and I urge you to look them over and take them home with you. I am a... |
2003 |
| Heather Chamberlain |
Daniel Mccool, Native Waters: Contemporary Indian Water Settlements and the Second Treaty Era, the University of Arizona Press, Tucson (2002); 237pp; $45.00; Isbn 0-8165-2227-8, Hardcover. |
7 University of Denver Water Law Review 129 (Fall 2003) |
Native Waters evaluates the cultural, economic, and ecological effects of Indian/Anglo water settlements. The second treaty era refers to settlement agreements between tribes and their Anglo neighbors over Indian water rights reserved during the creation of tribal reservations. Typically during settlements, tribes have given away a portion of... |
2003 |
| Lisa Valenta |
Disconnect: the 1988 Brazilian Constitution, Customary International Law, and Indigenous Land Rights in Northern Brazil |
38 Texas International Law Journal 643 (Special 2003) |
I. Introduction. 643 II. Constitutional Protection and the Statutory Scheme. 647 A. Constitutional Contradiction. 650 B. Presidential Decree. 652 III. The Scope of the Situation: A Sampling of Violence and Disease Rampant in the Amazon. 653 A. Municipalities, Local Politicians, and the Lower Courts. 654 B. The Police. 655 C. Miners, Loggers, and... |
2003 |
| Rion Ramirez |
Doing Business in Indian Country |
46-MAR Advocate 23 (March, 2003) |
This article sets forth some of the issues to be considered and addressed by non-tribal parties when entering into commercial transactions with federally recognized Indian tribes or tribal entities; business enterprises controlled by tribes; or Indian-owned, reservation-based business enterprises. Indian tribes are organized in different ways. The... |
2003 |
| Richard W. Tomeo |
Drs Issues Comprehensive Ruling on Transactions Involving Indian Tribes |
13-JUL Journal of Multistate Taxation and Incentives 29 (July, 2003) |
CONNECTICUT The Connecticut Department of Revenue Services (DRS) has issued a comprehensive ruling (Conn. Legal Rul. 2002-3, 5/29/02) addressing the application of the state's sales and use and certain other taxes to purchases and sales involving Indian tribes and, in particular, tribes maintaining casinos in the state located on tribal land. This... |
2003 |
| Peter D. Lepsch |
Ecological Effects Know No Boundaries: Little Remedy for Native American Tribes Pursuing Transboundary Pollution under International Law |
11 Buffalo Environmental Law Journal 61 (Fall, 2003) |
L1-2Table of Contents I. INTRODUCTION. 62 II. CURRENT ENVIRONMENTAL DAMAGES CONFRONTING TRIBES AT BORDERS. 66 L1-2 A. Historic legal status of tribes in the United States, Canada, and Mexico 1. United States. 70 2. Canada. 72 3. Mexico. 73 III. OVERVIEW OF INTERNATIONAL ENVIRONMENT LAW. 75 IV. TRIBAL REMEDY FOR ENVIRONMENTAL IMPACTS ACROSS BORDERS.... |
2003 |
| Marla Kerr |
Ecotourism: Alleviating the Negative Effects of Deforestation on Indigenous Peoples in Latin America |
14 Colorado Journal of International Environmental Law and Policy 335 (Spring 2003) |
Each month, eight tourists arrive at the village of Huaorani, an Amazon indigenous group, deep in the heart of Ecuador's rainforest. After settling in a palm-thatched roof cabin, the visitors meet the community representatives and learn about the social and environmental problems facing the Huaorani. Huaorani guides take their guests on hikes and... |
2003 |
| William J. Eisenman |
Eliminating Discriminatory Traditions Against Dalits: the Local Need for International Capacity-building of the Indian Criminal Justice System |
17 Emory International Law Review 133 (Spring 2003) |
In Ramabai Ambedkar Negar (Ramabai)--an urban colony of Bombay, India-- there stands the statue of Dr. B. R. Ambedkar. The placement of the statue in this specific colony of Bombay is particularly significant, because most of the residents of Ramabai are Dalits. The Dalit people, commonly referred to as untouchables and labeled the most... |
2003 |
| Dean B. Suagee |
Environmental Justice and Indian Country |
30-FALL Human Rights 16 (Fall, 2003) |
Several years ago, at an environmental justice conference sponsored by the University of Colorado, I put forth the proposition that the environmental justice movement needs Indians more than Indians need the movement. I still think this idea is true. I also said then, and believe now, that the same idea holds true for the mainstream environmental... |
2003 |
| Richard G. McAllister , Richard K. Eichstaedt |
Federal Implementation of the Clean Air Act in Indian Country in the Northwest |
46-FEB Advocate 16 (February, 2003) |
Air knows no political boundaries, but the legal authorities associated with these boundaries affects how air quality is addressed. In March 2002, the US Environmental Protection Agency (EPA) published proposed rules creating Federal Implementation Plans (FIPs) that would regulate air pollution sources on Indian reservations in Idaho, Oregon, and... |
2003 |
| Peter Jacques , Sharon Ridgeway , Richard Witmer |
Federal Indian Law and Environmental Policy: a Social Continuity of Violence |
18 Journal of Environmental Law & Litigation 223 (Fall 2003) |
Tribal environmental policy is generally dictated by the federal government as a matter of fiduciary responsibility. This relationship exists despite sacred treaties negotiated in reciprocal, government-to-government relationships that explicitly placed reserved tribal land bases exclusively in tribal control. Fiduciary responsibility or the trust... |
2003 |
| Charles Wilkinson |
Filling in the Blank Spots on Powell's and Stegner's Maps: the Role of Modern Indian Tribes in Western Watersheds |
23 Journal of Land, Resources, and Environmental Law 41 (2003) |
This April is a busy time in Indian country, and future Aprils promise to be even busier. At Hopi, the kachinas are getting ready to come down from San Francisco Peaks, and tribal members are preparing to welcome them with dances, songs, and prayers for rain and a good growing season. Yet Black Mesa is getting drier and it is not due to lack of... |
2003 |
| Charles Wilkinson |
FILLING IN THE BLANK SPOTS ON POWELL'S AND STEGNER'S MAPS: THE ROLE OF MODERN INDIAN TRIBES IN WESTERN WATERSHEDS |
23 Journal of Land, Resources, and Environmental Law 41 (2003) |
This April is a busy time in Indian country, and future Aprils promise to be even busier. At Hopi, the kachinas are getting ready to come down from San Francisco Peaks, and tribal members are preparing to welcome them with dances, songs, and prayers for rain and a good growing season. Yet Black Mesa is getting drier and it is not due to lack of... |
2003 |
| Joe Leavengood |
Finding the Law on the Rez: an Overview of Researching Indian Law in Idaho and on the Internet |
46-MAR Advocate 28 (March, 2003) |
Each month in the Advocate the top law librarians of Idaho give you tips on finding things in the stacks and beyond. Since the Indian Law Section is sponsoring this month's edition, and since it has a member (me) who is working on a masters in library science, we thought we would give the pros the month off. I'm not a librarian, but I play one... |
2003 |
| Aukjen T. Ingraham, JD, MA, Attorney, Portland, Oregon |
Fire, Native Peoples, and the Natural Landscape. Edited by Thomas Vale. Washington, Dc: Island Press, 2002. Pp. 315. $50.00 Cloth; $25.00 Paper. |
43 Natural Resources Journal 671 (Spring, 2003) |
In Fire, Native Peoples, and the Natural Landscape, noted geographer Thomas Vale presents a collection of work challenging the concept of humanized landscapes. A series of seven articles, written almost wholly by geographers, examines the physical and historical evidence of whether or not native peoples of the western United States changed the... |
2003 |
| Gabriel S. Galanda |
Getting Commercial in Indian Country |
12-AUG Business Law Today 49 (July/August, 2003) |
Indian tribes are not merely casino entrepreneurs or cigarette wholesalers. In conjunction with America's largest corporations, Indians are now engaged in real estate development, banking and finance, telecommunications, wholesale and retail trade, and tourism. By 2003, U.S. tribes have become economic, legal and political forces to be reckoned... |
2003 |
| Pollyanna E. Folkins |
Has the Lab Coat Become the Modern Day Eye Patch? Thwarting Biopiracy of Indigenous Resources by Modifying International Patenting Systems |
13 Transnational Law & Contemporary Problems 339 (Spring 2003) |
I. Introduction. 340 II. Defining the Problem. 342 III. Reasons Indigenous Peoples Are Vulnerable to Biopiracy. 346 A. Indigenous Resources Are Generally Not Patentable. 346 B. Capitalism vs. Traditionalism. 347 C. Governing Treaties and Programs Are Weak. 349 IV. Proposed Modifications to Existing Systems of Intellectual Property Protection. 353... |
2003 |
| Robert Travis Willingham |
Holding States and Their Agencies Accountable under the Museum Provisions of the Native American Graves Protection and Repatriation Act |
71 UMKC Law Review 955 (Summer 2003) |
Many people can still recall the shock they felt when television affiliates around the country reported the gruesome discovery found at a crematorium in Walker County, Georgia, in February 2002. The crematorium operators allegedly stored and dumped bodies throughout their property, instead of cremating the remains, as they were obligated to do.... |
2003 |
| J. Thomas Sullivan |
Imagining the Criminal Law: When Client and Lawyer Meet in the Movies |
25 University of Arkansas at Little Rock Law Review 665 (Spring 2003) |
BIEGLER: Thank you very much, Your Honor, we now have another rebuttal witness. The defense calls Mary Pilant to the stand. DANCER: Your Honor, we must protest this whole affair. The noble defense attorney rushes out to a secret conference and now the last minute witness is being brought dramatically down the aisle. The whole thing has obviously... |
2003 |
| C. Timothy McKeown , Sherry Hutt |
In the Smaller Scope of Conscience: the Native American Graves Protection & Repatriation Act Twelve Years after |
21 UCLA Journal of Environmental Law & Policy 153 (2002-2003) |
Standing before the United States Senate on October 26, 1990, Senator John McCain asked the approval of his colleagues to consider H.R. 5237, the Native American Graves Protection and Repatriation Act (NAGPRA). The passage of legislation marks the end of a long process for many Indian tribes and museums. The subject of repatriation, stressed... |
2003 |
| John B. Carter |
Indian Aboriginal and Reserved Water Rights, an Opportunity Lost |
64 Montana Law Review 377 (Summer 2003) |
Article IX, section 3 of Montana's 1972 Constitution significantly expanded upon the Montana's 1889 constitutional provision on water rights. The transcripts of the 1972 Montana Constitutional Convention debates evidence that extensive discussion and a small amount of paranoia went into this portion of the new constitution. The transcripts... |
2003 |
| Prv Raghavan |
Indian Budget 2003-2004 |
14 Journal of International Taxation 38 (July, 2003) |
Among the corporate proposals, dividends would be tax free in shareholders' hands, thus again shifting tax liability back to the dividend-paying company. Union Finance Minister Jaswant Singh presented the Union Budget for 2003-2004, the sixth of the National Democratic Alliance (NDA) government, on February 28, 2003. As this issue was going to... |
2003 |
| Blake A. Watson |
Indian Gambling in Ohio: What Are the Odds? |
32 Capital University Law Review 237 (Winter, 2003) |
In 1991, as an attorney in the Department of Justice, I helped write a brief urging the United States Supreme Court to decline to consider the State of Connecticut's legal arguments raised in opposition to the plans of the Mashantucket Pequot Tribe to construct and operate a casino. At that time, I had never heard of this tribe, and I would wager... |
2003 |
| Gabriel S. Galanda |
Indian Law in Idaho-what You Should Know |
46-MAR Advocate 10 (March, 2003) |
Over the past decade, the 42 federally-recognized Indian tribes in Washington, Oregon and Idaho have become major players in the local, state and national economies. Northwest tribes are aggressively creating and operating new businesses in the areas of real estate development, banking and finance, media, telecommunications, wholesale and retail... |
2003 |
| Clay R. Smith |
Indian Status: Let a Thousand Flowers Bloom |
46-MAR Advocate 18 (March, 2003) |
It would seem logical that Indian statusi.e., who constitutes an Indian for civil and criminal law purposesis an issue that Indian law would have resolved cleanly and conclusively long ago. Logic, however, fails in this instance. The issue remains unresolved and in many ways grows more complex as time passes. The increasing complexity... |
2003 |
| Robert Laurence |
Indian-law Scholarship and Tribal Survival: a Short Essay, Prompted by a Long Footnote |
27 American Indian Law Review 503 (2002-2003) |
Volume 34 of the Arizona State Law Journal contains the latest piece of scholarship by Robert N. Clinton, who holds the Barry Goldwater Chair of American Institutions at Arizona State University. That article's thesis is set forth so plainly and unambiguously in its straightforward, uncolonated title - There Is No Federal Supremacy Clause for... |
2003 |
| Gerald P. Neugebauer III |
Indigenous Peoples as Stakeholders: Influencing Resource-management Decisions Affecting Indigenous Community Interests in Latin America |
78 New York University Law Review 1227 (June, 2003) |
Multinational corporations and national governments who extract petroleum and other natural resources in Latin America often ignore the disastrous consequences resource development has on indigenous peoples, their habitats, and their traditional way of life. In order to reverse this trend, an indigenous peoples' rights movement has emerged... |
2003 |
| Osvaldo Kreimer |
Indigenous Peoples' Rights to Land, Territories, and Natural Resources: a Technical Meeting of the Oas Working Group |
10-WTR Human Rights 13 (Winter, 2003) |
Territorial rights are a central claim for Indigenous Peoples around the world. Those rights are the physical substratum for their ability to survive as peoples, to reproduce their cultures, and to maintain and develop their productive systems. The Permanent Council Working Group (Working Group), in charge of the preparation of the American... |
2003 |
| Keith Sealing |
Indigenous Peoples, Indigenous Farmers: Nafta's Threat to Mexican Teosinte Farmers and What Can Be Done about it |
18 American University International Law Review 1383 (2003) |
INTRODUCTION. 1383 I. A BRIEF HISTORY OF CORN. 1387 II. INDIGENOUS PEOPLES, LAND AND FARMING. 1389 III. NAFTA, FREE TRADE AND CORN. 1391 IV. CLASH OF CULTURES: NAFTA VERSUS INDIGENOUS PEOPLES. 1393 V. ARGUMENTS FOR PROTECTING INDGENOUS FARMERS: THE MORAL AND THE PRACTICAL. 1395 VI. INDIGENOUS SELF-HELP. 1397 CONCLUSION. 1398 |
2003 |
| Rachael Grad |
Indigenous Rights and Intellectual Property Law: a Comparison of the United States and Australia |
13 Duke Journal of Comparative & International Law 203 (Winter 2003) |
Works of art are the property of mankind and ownership carries with it the obligation to preserve them. He who neglects this duty . . . will be punished with the contempt of all educated people, now and in future ages.-- Attributed to J.W. von Goethe Much of what they want to commercialize is sacred to us. We see intellectual property as part of... |
2003 |
| Carole E. Goldberg |
INDIVIDUAL RIGHTS AND TRIBAL REVITALIZATION |
35 Arizona State Law Journal 889 (Fall, 2003) |
Most contemporary scholars concerned with what may be called tribal revitalization--the strengthening of political and cultural sovereignty for Native nations--treat individual rights as an impediment to achieving that objective, not a positive tool. For example, Professor Robert Porter has written that introduction of individual rights into tribal... |
2003 |
| Alex Tallchief Skibine |
Integrating the Indian Trust Doctrine into the Constitution |
39 Tulsa Law Review 247 (Winter 2003) |
The Indian trust doctrine has had a long love-hate relationship with Indian tribes. On one hand, it has been used to sue the executive agencies of the federal government for breach of trust. On the other, it has been used to expand the plenary power of Congress over Indian affairs. While some scholars have argued that the trust doctrine should be... |
2003 |
| |
International Law as an Interpretive Force in Federal Indian Law |
116 Harvard Law Review 1751 (April, 2003) |
Although the political branches have recently adopted policies that favor Indian tribal self-determination, the judicial doctrines defining the extent of inherent tribal sovereignty and the federal government's power over tribes remain severe obstacles for tribes seeking to govern themselves and maintain their cultural integrity. These doctrines... |
2003 |