| Author | Title | Citation | Summary | Year |
| Frank Pommersheim |
Is There a (Little or Not So Little) Constitutional Crisis Developing in Indian Law?: a Brief Essay |
5 University of Pennsylvania Journal of Constitutional Law 271 (January, 2003) |
The constitutional status of Indian tribes within the framework of the American Republic has been elusive from the very beginning. This essential point was acknowledged by the Supreme Court itself in the early case of Cherokee Nation v. Georgia, where it noted that the relation of the Indians to the United States is marked by peculiar and cardinal... |
2003 |
| David M. Blurton |
JOHN V. BAKER AND THE JURISDICTION OF TRIBAL SOVEREIGNS WITHOUT TERRITORIAL REACH |
20 Alaska Law Review 1 (June, 2003) |
This Article examines statutory and case law defining the jurisdictional reach of Alaska Native tribal organizations. The Author argues that the Alaska Supreme Court's decision in John v. Baker conflicts with U.S. Supreme Court precedent and is, therefore, erroneous. Acknowledging the policy arguments in favor of an expansive interpretation of... |
2003 |
| David E. Wilkins |
Keynote Address: a Constitutional Confession: the Permanent If Malleable Status of Indigenous Nations |
37 New England Law Review 473 (Spring 2003) |
I appreciate the opportunity to address such an august group of students and faculty. When Amy invited me to join you, and she certainly is a very persuasive person, I debated long and hard on what kind of talk to give since I study politics comparatively. Although much of my work is infused with law and history, and a smidgen of culture,... |
2003 |
| Justice Ronald Sackville |
Legal Protection of Indigenous Culture in Australia |
11 Cardozo Journal of International and Comparative Law 711 (Summer 2003) |
On February 14, 1966, Australia took one of many steps in a still incomplete journey towards severing the ties to its colonial past. On that date, Australia introduced decimal currency in place of the imperial system (pounds, shillings and pence) inherited from the United Kingdom. The brand new one dollar note, later to be a casualty of inflation,... |
2003 |
| Jessica A. Shoemaker |
Like Snow in the Spring Time: Allotment, Fractionation, and the Indian Land Tenure Problem |
2003 Wisconsin Law Review 729 (2003) |
The reservation doesn't sing anymore but the songs still hang in the air. Someone once said that for every person attacking the roots of evil there will be at least a hundred who are only attacking its leaves. Fractionation describes the problem of multiple co-owners sharing many miniscule, undivided interests in a single tract of land. In... |
2003 |
| Robert K. Paterson , Dennis S. Karjala |
Looking Beyond Intellectual Property in Resolving Protection of the Intangible Cultural Heritage of Indigenous Peoples |
11 Cardozo Journal of International and Comparative Law 633 (Summer 2003) |
1. Introduction. 634 2. Problems Resulting from the Failure to Protect Indigenous Cultural Heritage. 636 3. Indigenous Cultural Heritage and Intellectual Property Rights. 638 (a) Copyright. 638 (b) Moral Rights. 641 (c) Patent Law. 645 4. Are IPRs Appropriate for the Protection of Cultural Heritage?. 646 5. Non-IPR Approaches to Cultural... |
2003 |
| Steve J. Coleman |
Lottery Logistics: the Potential Impact of a State Lottery on Indian Gaming in Oklahoma |
27 American Indian Law Review 515 (2002-2003) |
Brad Henry was sworn in as Oklahoma's twenty-sixth Governor on January 13, 2003. His journey to the State Capitol was an unlikely one. After securing the Democratic nomination with an upset victory in the primary, the Shawnee Senator utilized his plan for an education lottery to supplement his early momentum and overcome Republican candidate Steve... |
2003 |
| Lauren E. Godshall |
Making Space for Indigenous Intellectual Property Rights under Current International Environmental Law |
15 Georgetown International Environmental Law Review 497 (2003) |
I. L2-3,T3Introduction 497. II. L2-3,T3The Fears of the U'wa 501. III. L2-3,T3The Legal Understanding and Definition of Indigenous Knowledge 504. IV. L2-3,T3Western Intellectual Property Law 510. V. L2-3,T3The Hierarchy of International Law and the Protection of Indigenous Knowledge 514. A. Treaties. 514 B. Custom. 520 C. General Principles of Law... |
2003 |
| A. W. Harris |
Making the Case for Collective Rights: Indigenous Claims to Stocks of Marine Living Resources |
15 Georgetown International Environmental Law Review 379 (2003) |
I. L2-3,T3Introduction 379. II. L2-3,T3Indigenous Aspirations 384. A. Recognition of Indigenous Rights. 392 III. L2-3,T3The Inupiat 396. A. Negotiating Agreement. 400 B. Non-Aboriginal Subsistence Whaling. 402 IV. L2-3,T3The Makah 406. A. Authenticity of Need. 408 B. Preserving Culture Through Subsistence. 410 C. Petitioning. 413 V. L2-3,T3Advocacy... |
2003 |
| Rob Roy Smith |
Message from the Indian Law Section Chair |
46-MAR Advocate (Idaho) 9 (March, 2003) |
During the past year, it has been my privilege to serve as the first chairman of the Indian Law Section. As the newest section of the Idaho State Bar, formed only last March, the Indian Law Section has quickly gone from a dream to become one of the more active sections of the Bar. Not only is the Indian Law Section committed to providing benefits... |
2003 |
| Taiawagi Helton |
Nation Building in Indian Country: the Blackfoot Constitutional Review |
13-FALL Kansas Journal of Law & Public Policy Pol'y 1 (Fall, 2003) |
The Blackfoot People of the Blackfoot Nation, in order to secure our physical and cultural survival, in order to provide for our common defense and security, in order to provide for prosperity for all Blackfoot, in order to secure redress for past and present injustices done to Blackfoot People, in order to realize our internationally recognized... |
2003 |
| Taiawagi Helton |
NATION BUILDING IN INDIAN COUNTRY: THE BLACKFOOT CONSTITUTIONAL REVIEW |
13-FALL Kansas Journal of Law & Public Policy 1 (Fall, 2003) |
The Blackfoot People of the Blackfoot Nation, in order to secure our physical and cultural survival, in order to provide for our common defense and security, in order to provide for prosperity for all Blackfoot, in order to secure redress for past and present injustices done to Blackfoot People, in order to realize our internationally recognized... |
2003 |
| Courtney A. Stouff |
Native Americans and Homeland Security: Failure of the Homeland Security Act to Recognize Tribal Sovereignty |
108 Penn State Law Review 375 (Summer, 2003) |
The United States of America was forever changed on September 11, 2001 when terrorists from the al Qaeda network hijacked two commercial airliners and flew them into the twin towers of the World Trade Center in New York City. A third hijacked airliner flew into the Pentagon in Washington, D.C., while a fourth hijacked airliner crashed in a deserted... |
2003 |
| Allan Kanner, Ryan Casey, Barrett Ristroph |
New Opportunities for Native American Tribes to Pursue Environmental and Natural Resource Claims |
14 Duke Environmental Law and Policy Forum 155 (Fall 2003) |
Native American tribes should take advantage of recent trends in environmental law to pursue claims for damages to their natural resources and their well-being. This article considers civil actions in tribal courts, citizen suits, toxic torts, and claims under parens patriae. While tribal regulatory jurisdiction in the environmental arena has... |
2003 |
| Allan Kanner, Ryan Casey, Barrett Ristroph |
NEW OPPORTUNITIES FOR NATIVE AMERICAN TRIBES TO PURSUE ENVIRONMENTAL AND NATURAL RESOURCE CLAIMS |
14 Duke Environmental Law and Policy Forum 155 (Fall 2003) |
Native American tribes should take advantage of recent trends in environmental law to pursue claims for damages to their natural resources and their well-being. This article considers civil actions in tribal courts, citizen suits, toxic torts, and claims under parens patriae. While tribal regulatory jurisdiction in the environmental arena has... |
2003 |
| Alva C. Mather |
Old Promises: the Judiciary and the Future of Native American Federal Acknowledgment Litigation |
151 University of Pennsylvania Law Review 1827 (May, 2003) |
The United States government has moral obligations of the highest responsibility to the four million American Indians and Alaska Natives residing in the United States. The federal government, however, presently only honors its fiduciary duty to a portion of the current Indian population. Today, Native American tribes are divided into two... |
2003 |
| Judith V. Royster |
Oliphant and its Discontents: an Essay Introducing the Case for Reargument Before the American Indian Nations Supreme Court |
13-FALL Kansas Journal of Law & Public Policy 59 (Fall, 2003) |
If anything ever proved the old adage that people fear that which they do not understand, it is the Supreme Court's approach to tribal authority over non-Indians. And if any decision illustrates that approach, it is the case reargued to the American Indian Nations Supreme Court at the University of Kansas Tribal Law and Governance Conference, the... |
2003 |
| Russel Lawrence Barsh |
Pharmacogenomics and Indigenous Peoples: Real Issues and Actors |
11 Cardozo Journal of International and Comparative Law 365 (Summer 2003) |
In the early 1990s, human rights activists drew international public attention to the Human Genome Diversity Project (HGDP), which they dubbed the vampire project and condemned as a threat to the world's indigenous and tribal peoples. That was before the sequencing of the human genome and its revolutionary impact on drug discovery. As Big Pharma... |
2003 |
| |
Privatization of Federal Indian Schools: a Legal Uncertainty |
116 Harvard Law Review 1455 (March, 2003) |
Throughout the world of education, a debate has raged over the desirability of private school management corporations (PMCs) operating the public education system. Private corporations are greatly attracted to managing public schools. Education, in theory, is a lucrative business. Primary and secondary education, the largest segment of the... |
2003 |
| Juan Andrés Fuentes |
Protecting the Rights of Indigenous Cultures under the Current Intellectual Property System: Is it a Good Idea? |
3 John Marshall Review of Intellectual Property Law 88 (Fall, 2003) |
Culture has no borders. It belongs to no certain nation. However, cultural rights must be respected. Culture is not merely a manufactured product. It is the expression of what constitutes the identity of a nation: its history and traditions. Every country, while being open to the cultures of others has a right, even a duty to protect and develop... |
2003 |
| Gavin Clarkson |
Racial Imagery and Native Americans: a First Look at the Empirical Evidence Behind the Indian Mascot Controversy |
11 Cardozo Journal of International and Comparative Law 393 (Summer 2003) |
Remarks presented at the February 2002 Symposium on Traditional Knowledge, Intellectual Property, and Indigenous Culture I. Introduction. 393 II. A Taxonomy of Indian Mascots. 395 A. Mascot Data Collection Methodology. 395 B. The Resulting Taxonomy. 396 III. A Proposed Alternative to the USCCR. 397 A. The USCCR Proposal. 398 B. My Alternative... |
2003 |
| Katosha Belvin Nakai |
Red Rover, Red Rover: a Call for Comity in Linking Tribal and State Long-arm Provisions for Service of Process in Indian Country |
35 Arizona State Law Journal 633 (Summer, 2003) |
Comitymutual interest and convenience, from a sense of the inconvenience which would otherwise result, and from moral necessity to do justice in order that justice may be done in return. First year civil procedure courses and bar exam preparatory courses spend inordinate amounts of time teaching the critical elements of personal jurisdiction and... |
2003 |
| Katosha Belvin Nakai |
RED ROVER, RED ROVER: A CALL FOR COMITY IN LINKING TRIBAL AND STATE LONG-ARM PROVISIONS FOR SERVICE OF PROCESS IN INDIAN COUNTRY |
35 Arizona State Law Journal 633 (Summer, 2003) |
Comitymutual interest and convenience, from a sense of the inconvenience which would otherwise result, and from moral necessity to do justice in order that justice may be done in return. First year civil procedure courses and bar exam preparatory courses spend inordinate amounts of time teaching the critical elements of personal jurisdiction and... |
2003 |
| Eric Beckenhauer |
Redefining Race: Can Genetic Testing Provide Biological Proof of Indian Ethnicity? |
56 Stanford Law Review 161 (October, 2003) |
Introduction. 162 I. Defining Indian in the United States: Ancestry and Blood. 164 A. Federal Definitions. 164 B. Tribal Definitions. 166 1. Blood quantum requirements.. 167 2. Descendancy requirements.. 172 C. Toward a Functional Definition of Indian Ethnicity. 174 II. Can Genetic Testing Improve Ethnic Identification?. 175 A. Prevalence of... |
2003 |
| Carlos Scott López |
Reformulating Native Title in Mabo's Wake: Aboriginal Sovereignty and Reconciliation in Post-centenary Australia |
11 Tulsa Journal of Comparative & International Law 21 (Fall 2003) |
Few issues have spurred more vigorous debate among Australia's citizenry than Native Title and, more broadly, the roles of Native Australians. Like most former colonial outposts, the settlement of the Australian continent was marked by nothing less than an invasion by a European power (Great Britain), which subsequently imposed its will on the... |
2003 |
| Lorraine C. Buck |
Reno-sparks Indian Colony V. U.s. E.p.a., 336 F.3d 899 (9th Cir. 2003) |
11 Missouri Environmental Law & Policy Review 104 (2003) |
The Clean Air Act established national standards of air quality for various airborne pollutants. The Act was amended in 1977 to ensure the standards were maintained and enforced. The Amendments created three classification levels under which areas would qualify depending on their relation to the national standard: (1) nonattainment if the area... |
2003 |
| Gabriel S. Galanda |
Reservations of Right |
28-JAN Montana Lawyer Law. 7 (January, 2003) |
Over the past decade, the 11 federally-recognized Indian tribes in Montana have become major players in the local, state and national economies. Montana tribes are aggressively creating and operating new businesses in the areas of real estate development, banking and finance, media, telecommunications, wholesale and retail trade, tourism, and... |
2003 |
| Robert J. Nordhaus , G. Emlen Hall, , Anne Alise Rudio |
Revisiting Merrion V. Jicarilla Apache Tribe: Robert Nordhaus and Sovereign Indian Control over Natural Resources on Reservations |
43 Natural Resources Journal 223 (Winter 2003) |
In 1982, the Supreme Court held in Merrion v. Jicarilla Apache Tribe that tribes have the sovereign power to tax non-member oil and gas lessees on reservations. Merrion sanctioned an expansive view of tribal sovereignty at a time when many western tribes were adapting to a new federal policy of self determination by trying to take charge of natural... |
2003 |
| Catherine A. O'Neill |
Risk Avoidance, Cultural Discrimination, and Environmental Justice for Indigenous Peoples |
30 Ecology Law Quarterly L.Q. 1 (2003) |
Introduction. 2 I. Risk Avoidance. 4 A. Risk Avoidance Versus Risk Reduction. 5 B. Increasing Tolerance for Risk Avoidance Strategies. 6 1. Examples of Risk Avoidance as Environmental Regulation. 7 a. Fish and Wildlife Consumption Advisories. 7 b. Institutional Controls. 12 c. Plant Gathering Restrictions. 15 d. Other Examples of Risk Avoidance. 17... |
2003 |
| Martha Melaku |
Seeking Acceptance: Are the Black Seminoles Native Americans? Sylvia Davis V. the United States of America |
27 American Indian Law Review 539 (2002-2003) |
This note addresses some of the issues associated with the controversy between the Black Seminoles and the Seminole Nation (the Nation). The first part discusses who the Black Seminoles are, how they relate to the Nation, and supplies background information on Davis v. United States. The second part discusses the historical background of the... |
2003 |
| Jennifer Nutt Carleton |
State Income Taxation of Nonmember Indians in Indian Country |
27 American Indian Law Review 253 (2002-2003) |
A long-standing tension exists between Indian peoples who enjoy the protection of a Congress that retains plenary power over Indian affairs, and the individual states in which Indian reservations are located. One need only look to the disagreements between states and Indian nations located within their borders over the issues of gaming compacts,... |
2003 |
| Marisa Katz |
Staying Afloat: How Federal Recognition as a Native American Tribe Will Save the Residents of Isle De Jean Charles, Louisiana |
4 Loyola Journal of Public Interest Law L 1 (Spring 2003) |
Louisiana is sinking. The state possesses 40% of the nation's coastal wetlands. The coastal zone within Louisiana is one of the most fertile ecosystems in North America, providing its people not only a $1 billion a year commercial fish and shellfish industry, but also a life-saving buffer against hurricane and tropical storm intrusion.... |
2003 |
| Marisa Katz |
STAYING AFLOAT: HOW FEDERAL RECOGNITION AS A NATIVE AMERICAN TRIBE WILL SAVE THE RESIDENTS OF ISLE DE JEAN CHARLES, LOUISIANA |
4 Loyola Journal of Public Interest Law 1 (Spring 2003) |
Louisiana is sinking. The state possesses 40% of the nation's coastal wetlands. The coastal zone within Louisiana is one of the most fertile ecosystems in North America, providing its people not only a $1 billion a year commercial fish and shellfish industry, but also a life-saving buffer against hurricane and tropical storm intrusion.... |
2003 |
| John P. LaVelle , University of New Mexico School of Law 1117 Stanford Drive, N.E. Albuquerque, NM 87131 (505) 277-0951 Attorney for Petitioner |
Suquamish Indian Tribe, Petitioner V. Oliphant et Al., Respondents |
13-FALL Kansas Journal of Law & Public Policy 69 (Fall, 2003) |
First Decided by the Supreme Court of the United States of America on March 6, 1978 435 U.S. 191 (1978) To be reargued and re-decided by the Supreme Court of the American Indian Nations October 5, 2002 Does the Suquamish Indian Tribe possess inherent sovereign power to exercise criminal jurisdiction over non-Indians alleged to have committed... |
2003 |
| Steven J. Gunn , Associate Professor of Law Washington University School of Law One Brookings Drive, Campus Box 1120 St. Louis, MO 63130 Attorney for Respondents |
Suquamish Indian Tribe, Petitioner V. Oliphant et Al., Respondents |
13-FALL Kansas Journal of Law & Public Policy 97 (Fall, 2003) |
First Decided by the Supreme Court of the United States of America on March 6, 1978 435 U.S. 191 (1978) To be reargued and re-decided by the Supreme Court of the American Indian Nations October 5, 2002 Noted Indian legal scholar Vine Deloria, Jr., has observed that the Indian argument [in this case] is based on an idea of sovereignty having... |
2003 |
| Steven Paul McSloy |
The "Miner's Canary:" a Bird's Eye View of American Indian Law and its Future |
37 New England Law Review 733 (Spring 2003) |
American Indian law is often metaphorical. As Chief Justice Marshall stated in one of the foundational Indian law cases, the relationship between American Indian nations and the United States is like that of a ward to his guardian. The classic Indian law metaphor, however, is the miner's canary. As Felix Cohen, the Blackstone of American Indian... |
2003 |
| John Briscoe |
The Aboriginal Land Title of the Native People of Guam |
26 University of Hawaii Law Review Rev. 1 (Winter 2003) |
The Ninth Circuit Court of Appeals assumed without deciding in a recent case that the native peoples of Guam (the Chamorro) hold a property right, aboriginal title, in lands they historically used or occupied. The case was Government of Guam ex rel. Guam Economic Development Authority v. United States. But the court refused to decree that the... |
2003 |
| Rebecca Tsosie |
THE CHALLENGE OF "DIFFERENTIATED CITIZENSHIP": CAN STATE CONSTITUTIONS PROTECT TRIBAL RIGHTS? |
64 Montana Law Review 199 (Winter 2003) |
One of the most vexing problems in contemporary states with large Native populations is whether the continuing inequities between Native and non-Native peoples are best addressed through the standard framework of Federal Indian Law, in which the federal government mediates tribal-state relations, or through newly articulated legal relationships... |
2003 |
| Eric Cheyfitz |
The Colonial Double Bind: Sovereignty and Civil Rights in Indian Country |
5 University of Pennsylvania Journal of Constitutional Law 223 (January, 2003) |
Federal Indian law emerges from the late eighteenth century onward as a corpus that departs distinctively from the central core of U.S. law. While the latter is grounded, in the first instance, in the civil rights of the individual, understood in the Lockean sense as having a fundamental property in him or herself and thus as always an actual or... |
2003 |
| Rebecca Tsosie |
The Conflict Between the "Public Trust" and the "Indian Trust" Doctrines: Federal Public Land Policy and Native Nations |
39 Tulsa Law Review 271 (Winter 2003) |
National parks and national monuments harbor some of the most scenic areas in the United States. Each summer, motorists line up to see the majesty of places like Glacier National Park and Yellowstone, gawking at wildlife and snapping photos to share with relatives in places like Boston or Chicago. These public lands are also rich in natural... |
2003 |
| Amy Head |
The Death of the New Buffalo: the Fifth Circuit Slays Indian Gaming in Texas |
34 Texas Tech Law Review 377 (2003) |
Why is it we cannot seem to treat the first citizens of this country with decency and justice? It makes one ashamed. Indian gambling and casino operations have recently been referred to as the new buffalo for the new and previously unimaginable prosperity these ventures have brought to many tribes. The advent of Indian casinos has allowed the... |
2003 |
| Alex Tallchief Skibine |
The Dialogic of Federalism in Federal Indian Law and the Rehnquist Court: the Need for Coherence and Integration |
8 Texas Forum on Civil Liberties and Civil Rights C.R. 1 (Spring 2003) |
Although Congress is said to have plenary power in Indian Affairs, much of federal Indian law is still dictated from the judicial bench through federal common law. While Congress asserted its plenary power in a rather heavy handed manner between the early1880s and the late 1920s, the New Deal era of the 1930s announced a new federal policy... |
2003 |
| Sandra J. Schmieder |
The Failure of the Violence Against Women Act's Full Faith and Credit Provision in Indian Country: an Argument for Amendment |
74 University of Colorado Law Review 765 (Spring 2003) |
In August of 1994, Congress passed the Violence Against Women Act (VAWA), which includes a provision requiring states and Indian tribes to give full faith and credit to protection orders issued by the courts of other states and tribes. The provision, 18 U.S.C. § 2265 (Section 2265), purports to ensure that victims of domestic violence do not... |
2003 |
| Raymond Cross |
The Federal Trust Duty in an Age of Indian Self-determination: an Epitaph for a Dying Doctrine? |
39 Tulsa Law Review 369 (Winter 2003) |
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... |
2003 |
| Jeff Dolley |
The Four R's: Use of Indian Mascots in Educational Facilities |
32 Journal of Law and Education 21 (January, 2003) |
The process of educating our youth for citizenship in public schools is not confined to books, the curriculum, and the civics class; schools must teach by example the shared values of a civilized social order .. The schools, as instruments of the state, may determine that the essential lessons of civil, mature conduct cannot be conveyed in a school... |
2003 |
| R. Spencer Clift, III |
The Historical Development of American Indian Tribes; Their Recent Dramatic Commercial Advancement; and a Discussion of the Eligibility of Indian Tribes under the Bankruptcy Code and Related Matters |
27 American Indian Law Review 177 (2002-2003) |
I. L2-5,T5Introduction 179 II. L2-5,T5The Semantics, Evolution, and Dismemberment of Native American Culture and Resulting Titles 182 A. L3-5,T5From Nations to Tribes 182 1. L4-5,T5Indian Nation Analysis 182. 2. L4-5,T5Indian Tribe Analysis 186. B. L3-5,T5Recognition by the Federal Legislative and Executive Branches 188 1. L4-5,T5Recognition of... |
2003 |
| R. Spencer Clift, III |
THE HISTORICAL DEVELOPMENT OF AMERICAN INDIAN TRIBES; THEIR RECENT DRAMATIC COMMERCIAL ADVANCEMENT; AND A DISCUSSION OF THE ELIGIBILITY OF INDIAN TRIBES UNDER THE BANKRUPTCY CODE AND RELATED MATTERS |
27 American Indian Law Review 177 (2002-2003) |
I. L2-5,T5Introduction 179 II. L2-5,T5The Semantics, Evolution, and Dismemberment of Native American Culture and Resulting Titles 182 A. L3-5,T5From Nations to Tribes 182 1. L4-5,T5Indian Nation Analysis 182. 2. L4-5,T5Indian Tribe Analysis 186. B. L3-5,T5Recognition by the Federal Legislative and Executive Branches 188 1. L4-5,T5Recognition of... |
2003 |
| Mary Christina Wood |
The Indian Trust Responsibility: Protecting Tribal Lands and Resources Through Claims of Injunctive Relief Against Federal Agencies |
39 Tulsa Law Review 355 (Winter 2003) |
Enforcement of the federal trust responsibility is necessary to protect Native America from environmental assault. Traditional lifeways that reach back literally thousands of years are poised in jeopardy along with the natural resources upon which they depend. Across Indian country, many tribes are at the brink of losing their fish and wildlife... |
2003 |
| Padraic I. McCoy |
The Land must Hold the People: Native Modes of Territoriality and Contemporary Tribal Justifications for Placing Land into Trust Through 25 C.f.r. Part 151 |
27 American Indian Law Review 421 (2002-2003) |
The land needs to be retained, restored, and redefined. Its economic role - long dormant - must be resuscitated. Its spiritual role - long atrophied - must be revived. Its healing role - long obscured - must be revitalized. The land must hold the people, and give direction to their aspirations and yearnings. Land is more important to contemporary... |
2003 |
| Padraic I. McCoy |
THE LAND MUST HOLD THE PEOPLE: NATIVE MODES OF TERRITORIALITY AND CONTEMPORARY TRIBAL JUSTIFICATIONS FOR PLACING LAND INTO TRUST THROUGH 25 C.F.R. PART 151 |
27 American Indian Law Review 421 (2002-2003) |
The land needs to be retained, restored, and redefined. Its economic role - long dormant - must be resuscitated. Its spiritual role - long atrophied - must be revived. Its healing role - long obscured - must be revitalized. The land must hold the people, and give direction to their aspirations and yearnings. Land is more important to contemporary... |
2003 |