AuthorTitleCitationSummaryYear
Gus P. Coldebella, Mark S. Puzella The Landowner Defendants in Indian Land Claims: Hostages to History 37 New England Law Review 585 (Spring 2003) On June 21, 2002, the 17,000 or so residents of Grand Island, New York breathed a collective sigh of relief, because the Indian land claim that had clouded the title to their property for over a decade was finally dismissed. U.S. District Judge Richard Arcara issued a comprehensive, lengthy, and well-reasoned decision granting summary judgment to... 2003
Scott A. Taylor The Native American Law Opinions of Judge Noonan: Do We Hear the Faint Voice of Bartólome De Las Casas? 1 University of Saint Thomas Law Journal 148 (Fall 2003) Judge John T. Noonan, Jr., is one of the foremost adherents of natural law theory. At the inception of the United States, the national government dealt with Native Americans under a natural law theory that recognized rights of possession of the land. The lands of Native Americans could not be taken without their consent except in the case of just... 2003
Sandra J. Ashton The Role of the National Indian Gaming Commission in the Regulation of Tribal Gaming 37 New England Law Review 545 (Spring 2003) Good morning ladies and gentlemen. Thank you for the opportunity to describe the role of the National Indian Gaming Commission (NIGC) in the regulation of gaming by Indian tribes. As a federal employee, I must state that these are my views and do not necessarily represent the views of the NIGC. I currently am an attorney in the Office of General... 2003
William C. Kidder The Struggle for Access from Sweatt to Grutter: a History of African American, Latino, and American Indian Law School Admissions, 1950-2000 19 Harvard BlackLetter Law Journal L.J. 1 (Spring, 2003) In Grutter v. Bollinger, a challenge to race-conscious affirmative action at the University of Michigan Law School, the Sixth Circuit recently ruled that achieving diversity to enhance education is a compelling governmental interest and that the Michigan Law School's program is narrowly tailored to meet that goal. With the Supreme Court granting... 2003
Gloria Valencia-Weber The Supreme Court's Indian Law Decisions: Deviations from Constitutional Principles and the Crafting of Judicial Smallpox Blankets 5 University of Pennsylvania Journal of Constitutional Law 405 (January, 2003) It is a pity that so many Americans today think of the Indian as a romantic or comic figure in American history without contemporary significance. In fact, the Indian plays much the same role in our American society that the Jews played in Germany. Like the miner's canary, the Indian marks the shifts from fresh air to poison gas in our political... 2003
Brian Vandervest The Wisconsin State Legal System and Indian Affairs in the Nineteenth Century: a Lost Chapter in Wisconsin's Legal History 87 Marquette Law Review 357 (Winter 2003) As Wisconsin developed as a state during the nineteenth century, its supreme court and legislature devoted time and effort to resolving disputes relating to Indian affairs. While there was no doubt that the federal government reigned supreme over the realm of Indian law, the policies that the federal government created were not impermeable... 2003
Ryan M. Seidemann Time for a Change? The Kennewick Man Case and its Implications for the Future of the Native American Graves Protection and Repatriation Act 106 West Virginia Law Review 149 (Fall 2003) I. Introduction. 150 II. A Brief History of the Repatriation Debate. 151 A. Historic Developments. 151 B. The Kennewick Man Problem. 154 III. How NAGPRA Works. 155 A. Curated Remains. 156 B. Remains Found on Federal or Tribal Lands. 157 IV. The Problem: Lack of a Temporal Limit to Claims Under NAGPRA. 158 V. Bonnichsen v. United States: Is There a... 2003
Marchéta L. Birch Torture, Identity, and Indigenous Peoples: Individual and Collective Rights 67 Albany Law Review 537 (2003) Marginalization and identity come to the forefront when we consider the plight of indigenous peoples as targets of torture. In general, indigenous peoples were--and still are--the first to be marginalized when issues of an essentially political nature--who gets what--arose. This resultant push to the periphery and the attendant silencing and... 2003
L. Scott Gould TOUGH LOVE FOR TRIBES: RETHINKING SOVEREIGNTY AFTER ATKINSON AND HICKS 37 New England Law Review 669 (Spring 2003) It is an article of faith among American Indian tribes, and most scholars who write about them, that tribes possess the powers of inherent sovereigns. The reasoning, based on an 1832 opinion by Chief Justice Marshall, is that tribes are free to govern their territories as they choose, except as limited by acts of Congress. What many tribes and... 2003
Jon W. Monson Tribal Immunity from Process: Limiting the Government's Power to Enforce Search Warrants and Subpoenas on American Indian Land 56 Rutgers Law Review 271 (Fall 2003) [W]ere we to inquire by what law or authority you set up a claim [to our land], I answer, none! Your laws extend not into our county, nor ever did. You talk of the law of nature and the law of nations,and they are both against you. Perhaps no group of people in the history of the United States has suffered the degradation of the American Indian.... 2003
  Tribal Self-determination and the Federal Trust Responsibility: Collaboration or Conflict? 50-APR Federal Lawyer 34 (March/April, 2003) Many outstanding tribal, state, and federal leaders, academic scholars. Indian law practitioners and others will gather once again in Albuquerque for the Federal Bar Association's 28th Annual Indian Law Conference. This year's conference centers on the federal tribal trust relationship in the present policy era of tribal self-determination. The... 2003
Barbara N. Coen TRIBAL STATUS DECISION MAKING: A FEDERAL PERSPECTIVE ON ACKNOWLEDGMENT 37 New England Law Review 491 (Spring 2003) Historically, the federal government and the U.S. Department of the Interior made determinations as to which Indian groups were tribes when negotiating treaties and determining which groups could reorganize under the Indian Reorganization Act. This prior ad hoc decision-making was made uniform with the adoption of the federal acknowledgment... 2003
Rebecca Tsosie Tribalism, Constitutionalism, and Cultural Pluralism: Where Do Indigenous Peoples Fit Within Civil Society? 5 University of Pennsylvania Journal of Constitutional Law 357 (January, 2003) The effort of modern political theory to understand multiculturalism has engendered a variety of responses, depending upon the theoretical tradition (e.g., liberalism, communitarianism) and the nature of the group (e.g., immigrant groups, descendants of slaves, indigenous peoples). Contemporary political philosophers struggle with two primary... 2003
Taunya Lovell Banks , Penelope Andrews Two "Colored" Women's Conversation about the Relevance of Feminist Law Journals in the Twenty-first Century 12 Columbia Journal of Gender and Law 498 (2003) The invitation to participate in the Columbia Journal of Gender and Law symposium on the relevance of feminist law journals provided an ideal opportunity for us to reassess our collective endeavors as teachers, scholars, and advocates committed to social justice. Feminist methodology and epistemology have been instrumental in shaping our conceptual... 2003
Devin Kirby What Is the "Hard Look" That the Ninth Circuit Is Looking for When Reviewing United States Forest Service Actions under Nepa? 10 Missouri Environmental Law & Policy Review 213 (2003) Of all of the laws that protect the environment, the National Environmental Policy Act (NEPA) is considered by some as the Magna Carta of environmental regulations. This note focuses on NEPA's process and whether the United States Forest Service violated NEPA's process when it decided to harvest timber in the Helena National Forest. The Ninth... 2003
Anne Debevoise Ostby Will Foreign Investors Regulate Indigenous Peoples' Right to Self-determination? 21 Wisconsin International Law Journal 223 (Winter 2003) In September 2001, the Inter-American Human Rights Court issued a remarkable victory for indigenous peoples. The Court's decision established the obligation of a nation-state, Nicaragua, to recognize the land rights of an indigenous community, the Awas Tingni. The case represents a major development in the use of international human rights law to... 2003
Michelle A. Carr , Cara Hair Winner, Best Appellate Brief in the 2002 Native American Law Student Association Moot Court Competition 27 American Indian Law Review 357 (2002-2003) 1. Whether the Tribal Court erred in denying summary judgment to the Atokan Housing Authority and Atokan Tribal Officials, as sued in their official and individual capacities, on the basis of sovereign immunity. 2. Whether the Tribal Court correctly denied Appellants' motion for a preliminary injunction because the power to determine the scope of... 2003
William Bradford With a Very Great Blame on Our Hearts: Reparations, Reconciliation, and an American Indian Plea for Peace with Justice 27 American Indian Law Review Rev. 1 (2002-2003) In a post-September 11th era riven by ethno-nationalism, territorial revanchism, and religious terror, the United States has assumed the mantle of leadership in articulating the moral, political, and legal norms that will inform reconstruction of global security architecture. Defense of human rights, whether motivated by its contribution to the... 2003
Gregory C. Sisk Yesterday and Today: of Indians, Breach of Trust, Money, and Sovereign Immunity 39 Tulsa Law Review 313 (Winter 2003) Twice in the past quarter century, the Supreme Court has composed a duet of Indian breach of trust decisions that, through dynamic counterpoint, complement each other to produce a reasonably harmonious arrangement. Each of these two judicial movements sets one decision that finds an actionable fiduciary relationship against another decision that... 2003
Andrew Askland A Caution to Native American Institutional Review Boards about Scientism and Censorship 42 Jurimetrics Journal 159 (Winter, 2002) Native American Institutional Review Boards (IRBs) promote the health and welfare of tribes by reviewing protocols for research studies that focus on their tribes. The benefits of approved protocols should not be overstated lest good studies disappoint because they do not satisfy unachievable expectations. IRBs also should avoid the... 2002
Jana L. Walker, Jennifer L. Bradley, Timothy J. Humphrey, Sr. A Closer Look at Environmental Injustice in Indian Country 1 Seattle Journal for Social Justice 379 (Fall/Winter, 2002) Over the last two decades, the environmental justice movement has evolved into a recognized social movement within the United States that merges civil rights with environmental protection. It is erroneous, however, to assume that federally recognized tribal governments (Tribes) and their members suffer environmental injustices of the same type,... 2002
John Buick-Constable A Contractual Approach to Indigenous Self-determination in Aotearoa/new Zealand 20 UCLA Pacific Basin Law Journal 113 (Fall 2002) The contemporary realities of international law and politics are such that if Indigenous Peoples are to peacefully and effectively realise self-determination, they will most likely have to exercise it within existing State structures and orders. This requires (re)establishing and (re)orienting Indigenous-State relations away from policies of... 2002
Von Creel A Court of its Own: the Establishment of the United States Court for the Indian Territory 27 Oklahoma City University Law Review 231 (Spring 2002) The important part played by the United States District Court for the Western District of Arkansas, particularly during the tenure of Judge Issac J. Parker, in the life and times of Indian Territory has been well documented. At least in part because of the great attention visited upon the Western District of Arkansas, many are not aware, or are... 2002
Virginia Davis A Discovery of Sorts: Reexamining the Origins of the Federal Indian Housing Obligation 18 Harvard BlackLetter Law Journal 211 (Spring, 2002) Throughout the 1800s, the United States government induced countless Indians to give up their old homes by the promise of assistance in building new ones. Despite the pivotal role of housing promises in negotiations for peaceful removal and land cessions, the federal government has never successfully provided housing assistance to Indian tribes.... 2002
Robert J. Miller A New Perspective on the Indian Removal Period 38 Tulsa Law Review 181 (Fall 2002) The Legal Ideology of Removal: The Southern Judiciary and the Sovereignty of Native American Nations. By Tim Alan Garrison. U. Ga. Press, 2002. Pp. 331; $39.95 Hardcover. Professor Garrison's well-written and thoughtful book sheds new light on the role of the southern state courts in what has always been considered a federal Indian policy: the... 2002
Paul D. Hancq, Karen S. White, Office of the General Counsel Department of the Army, USAF Staff Judge Advocate, 97th Air Mobility Wing Altus Air Force Base, Oklahoma A Preference for Native-american Contractors 2002-SEP Army Lawyer 39 (September, 2002) Commercial activities studies, also known as competitive sourcing or A-76 competitions, can be expensive and can take years to complete. Furthermore, they can be disruptive to mission and morale. So one day, you are sitting in a meeting with some installation people, and somebody comes in and says a law allows us to skip all that, as long as we... 2002
Peter D. Lepsch A Wolf in Sheep's Clothing: Is New York State's Move to Cleanup the Akwesasne Reservation an Endeavor to Assert Authority over Indian Tribes? 8 Albany Law Environmental Outlook Journal 65 (2002) I. Introduction. 67 II . Context. 73 A. General Motors, the Tribe, and New York. 73 B. State's Argument for Its Intent to Sue. 75 III. Federal and State Authority and Jurisdiction Over Indian Affairs. 77 A. Federal Authority to the Exclusion of the States. 78 1. Traditional Notions of Authority Over Indian Affairs: Federal Indian Relations and the... 2002
Peter D. Lepsch A WOLF IN SHEEP'S CLOTHING: IS NEW YORK STATE'S MOVE TO CLEANUP THE AKWESASNE RESERVATION AN ENDEAVOR TO ASSERT AUTHORITY OVER INDIAN TRIBES? 8 Albany Law Environmental Outlook Journal 65 (2002) I. Introduction. 67 II . Context. 73 A. General Motors, the Tribe, and New York. 73 B. State's Argument for Its Intent to Sue. 75 III. Federal and State Authority and Jurisdiction Over Indian Affairs. 77 A. Federal Authority to the Exclusion of the States. 78 1. Traditional Notions of Authority Over Indian Affairs: Federal Indian Relations and the... 2002
Richard W. Millar, Jr. , OCBA President Academy Awards Redux: I Want to Thank My Producer, My Director, Aunt Sally, the American Indians, Etc. 44-DEC Orange County Lawyer Law. 4 (December, 2002) One of the members of my household is an avid watcher of the Academy Awards. (first clue: not me; second clue: there is no second clue.) It may be my imagination, but these extravaganzas seem to start shortly after lunch, with every available rental limousine in the seven Southern California counties queuing to disgorge the newest members of the... 2002
Mark Andrews Active Versus "Reasonable" Efforts: the Duties to Reunify the Family under the Indian Child Welfare Act and the Alaska Child in Need of Aid Statutes 19 Alaska Law Review 85 (June, 2002) In this Article, the author analyzes recent decisions of the Alaska Supreme Court pertaining to the duties imposed upon the Alaska Department of Health and Social Services to make efforts to reunify the family after a child is taken into State custody. The article analyzes the distinction between active efforts as required under the federal... 2002
Randel Hanson, Giancarlo Panagia Acts of Bureaucratic Dispossession: the Huckleberry Land Exchange, the Muckleshoot Indian Tribe, and Rational(ized) Forms of Contemporary Appropriation 7 Great Plains Natural Resources Journal 169 (Fall 2002) I. Introduction. 169 II. Muckleshoot Past, Muckleshoot Presence. 172 III. Western Land Tenure and Weyerhaeuser. 177 IV. Definitions and Legislative Overview of Land Exchanges. 179 V. The Huckleberry Land Exchange. 181 A. Act I. 181 B. Act II: Claims Against the EIS Drafted by the Forest Service. 184 C. Act III: The Grass Mountain/Huckleberry Divide... 2002
R. H K Lei Lindsey Akaka Bill: Native Hawaiians, Legal Realities, and Politics as Usual 24 University of Hawaii Law Review 693 (Summer, 2002) This land is ours, our Hawai'i. Shall we be deprived of our nationality? More than 104 years have passed since Native Hawaiians united in protest to support their nation-the Hawaiian Kingdom-and to oppose annexation to the United States. The century since has witnessed significant changes that have had a detrimental impact on the Native Hawaiian... 2002
Roger Clegg American Indian Nicknames and Mascots for Team Sports: Law, Policy, and Attitude 1 Virginia Sports and Entertainment Law Journal 274 (Spring, 2002) The local papers around Washington, D.C., have been filled with controversy recently over the Maryland Commission on Indian Affairs' announcement that it has targeted thirteen school districts in an effort to remove Indian names from sports teams. There are twenty-seven separate schools that continue to use names considered offensive, according to... 2002
Steven K. Albert American Indian Perspectives on the Endangered Species Act 9 Buffalo Environmental Law Journal 175 (Spring, 2002) Indian Nations had always been considered as distinct, independent political communities, retaining their original natural rights, as the undisputed possessors of the soil . The very term Nation so generally applied to them means a people distinct from others. - John C. Marshall, Chief Justice of the United States Supreme Court, 1832 Indian... 2002
Carole Goldberg American Indians and "Preferential" Treatment 49 UCLA Law Review 943 (April, 2002) Preferences and benefits for American Indians predate the American policy of affirmative action and flow from different rationales. Nonetheless, Indian preferences are the latest targets in the battle against affirmative action. Opponents of Indian preferences and benefits have long deployed the rhetoric of equal rights to attack treaty rights and... 2002
Nancy Carol Carter American Indians and Law Libraries: Acknowledging the Third Sovereign 94 Law Library Journal J. 7 (Winter, 2002) American Indian tribal governments constitute a third sovereign within the United States federal system. A higher legal profile among these self-governing entities multiplies legal issues and challenges law libraries. Law librarians are urged to deepen their understanding of American Indian law and tribal law and reconsider their handling within... 2002
Richard R. Sharp, Morris W. Foster An Analysis of Research Guidelines on the Collection and Use of Human Biological Materials from American Indian and Alaskan Native Communities 42 Jurimetrics Journal 165 (Winter, 2002) American Indian and Alaskan Native communities have expressed concern about the use of human biological materials in research. These concerns have prompted research sponsors and professional organizations to develop guidelines for investigators working with these communities. This paper reviews research guidelines and presents... 2002
Anthony G. Gulig , Sidney L. Harring An Indian Cannot Get a Morsel of Pork . . . . a Retrospective on Crow Dog, Lone Wolf, Blackbird, Tribal Sovereignty, Indian Land, and Writing Indian Legal History 38 Tulsa Law Review 87 (Fall 2002) Lone Wolf v. Hitchcock, one of the many landmark Indian law cases wrongfully decided in the United States, can be discussed on a number of levels. One place to start is with the role that the case played in depriving many Indian tribes of their lands. Lone Wolf's infamous holding that Congress has plenary power over Indians and can dispose of... 2002
Christopher A. Love Andrew Jackson and His Indian Wars 53 Air Force Law Review 221 (2002) Burn their dwellings-destroy their stock-slay their wives and children, that the very breed may perish. Shawnee Chief Tecumseh to the Creek Indians, 1811 [I] think myself justified in laying waste their villages, burning their homes, killing their warriors and leading into Captivity their wives and Children. Andrew Jackson to Tennessee Governor... 2002
E. Brendan Shane Arizona Supreme Court Rejects Practicably Irrigable Acreage Standard for Allocating Indian Water Rights 5 University of Denver Water Law Review 500 (Spring 2002) In the latest installment of the water rights adjudication for Arizona's Gila River system, the Arizona Supreme Court entered uncharted territory by rejecting the widely accepted legal standard for quantifying Indian water rights. The court, reviewing a 1988 trial court decision that applied the practicably irrigable acreage (PIA) standard for... 2002
Natsu Taylor Saito Asserting Plenary Power over the "Other": Indians, Immigrants, Colonial Subjects, and Why U.s. Jurisprudence Needs to Incorporate International Law 20 Yale Law and Policy Review 427 (2002) I. Human Rights and the Contradictions Within U.S. Law. 427 II. Origins of the Plenary Power Doctrine: The 19th Century Cases. 433 A. Immigrants. 434 B. Indian Nations. 437 C. External Colonies. 443 III. Plenary Power Today: The Doctrine and the Destruction. 447 A. Immigrants. 447 B. Indian Nations. 451 C. External Colonies. 455 IV. The Inadequacy... 2002
Jamaica Potts At Least Give the Natives Glass Beads: an Examination of the Bargain Made Between Iceland and Decode Genetics with Implications for Global Bioprospecting 7 Virginia Journal of Law & Technology Tech 8 (Fall 2002) I. Introduction II. deCODE genetics: Homogeneity, Genealogy, and the Grace of the Icelandic Government A. Homogeneity of Icelanders B. deCODE's Genealogical Database C. deCODE's Most Controversial Collection: Health Records from the Icelandic Government D. Fitting It All Together: Ultimate Goals of deCODE III. The Current State of Affairs: deCODE... 2002
William H. Rodgers, Jr. Atlantic Salmon, Pacific Bound: Initiative, Defiance, Courage, and Indian Tribes in Environmental Law 8 Ocean and Coastal Law Journal L.J. 1 (2002) It is an honor to deliver this lecture at the University of Maine School of Law, as the Edward S. Godfrey Visiting Professor of Law. My visit here has been filled with wonder and excitement. My new colleagues have been splendidly supportive, and the students a delight to work with. I would like to give a special word of thanks to Dean Colleen... 2002
  Braves or Cowards? Use of Native American Images and Symbols as Sports Nicknames 1 Virginia Sports and Entertainment Law Journal 257 (Spring, 2002) On October 25, 2001, the Journal hosted a symposium at the University of Virginia School of Law on the use of Native American images and symbols as sports nicknames. With Professor Kim Forde-Mazrui serving as the moderator, the symposium featured lively discussion between the following panelists: Lawrence Baca, former president, Native American... 2002
Duane Champagne Challenges to Native Nation Building in the 21st Century 34 Arizona State Law Journal 47 (Spring, 2002) Native nation building in the twenty-first century is a potentially liberating and creative possibility for Native American communities, but the new century is potentially more dangerous than the last five hundred years of colonial contact. What is going to happen in the twenty-first century? Assuming that we all get through it, it looks as though... 2002
Larry EchoHawk Child Sexual Abuse in Indian Country: Is the Guardian Keeping in Mind the Seventh Generation? 5 NYU Journal of Legislation and Public Policy 83 (2001-2002) When European settlers first came to the northeastern shore of America, they encountered the great Iroquois Confederacy. Through this contact, white men were intrigued and influenced by several principles of governance used by the Iroquois. One of these principles is reflected in a phrase that captures the spirit of the Iroquois's view toward... 2002
Danelle J. Daugherty CHILDREN ARE SACRED: LOOKING BEYOND BEST INTERESTS OF THE CHILD TO ESTABLISH EFFECTIVE TRIBAL-STATE COOPERATIVE CHILD SUPPORT ADVOCACY AGREEMENTS IN SOUTH DAKOTA 47 South Dakota Law Review 282 (2002) Interstate child support advocacy has been streamlined to deal with the problems relating to parties residing in different jurisdictions. Although these laws recognize and call for cross-jurisdictional recognition of tribal child support orders, in practice, that mandate is not always followed. In addition, tribal courts are often on the defensive... 2002
Dennis Pu'Uhonua “Bumpy” Kanahele Clandestine Manipulation Toward Genocide 34 Arizona State Law Journal 63 (Spring, 2002) Kaulana Na Pua Kaulana na pua a'o Hawai'i Famous are the children of Hawai'i Kupa'a mahope o ka aina Ever loyal to the land Hiki mai ka elele o ka loko ino When the evil-hearted messenger comes Palapala anunu me ka pakaha. With his greedy document of extortion. Pane mai Hawai'i moku o Keawe Hawai'i, land of Keawe, answers Kokua na Hono a'o... 2002
Robert B. Porter Cleaning up the Colonizer's Mess: an Important Role for Legal Scholarship about the Indigenous Nations 50 University of Kansas Law Review 431 (April, 2002) Throughout my seven years as a law professor, I have tried to both understand the problems afflicting the Indigenous nations within the United States as well as put forth some solutions as to how those problems might be resolved. It has been far more difficult than I thought it would be. First there was the challenge of getting one's head around... 2002
Sam Deloria Commentary on Nation-building: the Future of Indian Nations 34 Arizona State Law Journal 55 (Spring, 2002) One time I was about to testify to the Senate Committee, one of the rare occasions when I wrangled an invitation. Mr. Gover came up and said, Now don't go rolling a hand grenade down the aisle there. So I guess the few people that know me consider me something of a loose hand grenade launcher-which is alright. I've listened with great interest to... 2002
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