| Author | Title | Citation | Summary | Year |
| Tama William Potaka |
Maori Experiences and Federal Indian Law |
51-APR Federal Lawyer 36 (March/April, 2004) |
The Maori are the indigenous peoples of Aotearoa New Zealand. Our values are similar to values of native peoples in the United States. However, our distinctive legal experiences with New Zealand's common law and statutory legal system provide creative options for federal Indian lawyers to consider for indigenous legal advocacy in the U.S. context.... |
2004 |
| Lawrence R. Baca |
Meyers V. Board of Education: the Brown V. Board of Indian Country |
2004 University of Illinois Law Review 1155 (2004) |
The U.S. Supreme Court announced the constitutional promise of an equal, unified education for African American students by deciding Brown v. Board of Education in 1954, but it would take another forty years before a federal court even addressed the basic question of whether American Indians share a similar right to equal educational opportunities.... |
2004 |
| Angela M. Monguia (Fall 2001) |
Mississippi Band of Choctaw Indians V. Holyfield |
14 Journal of Contemporary Legal Issues 297 (2004) |
The United States comprises 50 sovereign States and more than 500 federally recognized, effectively sovereign tribal governments. The Indian Child Welfare Act (ICWA) of 1978 reflects Congress' recognition that the continued sovereignty of the Indian Reservations depends on the preservation of their culture from generation to generation. The Act's... |
2004 |
| Scott C. Idleman |
MULTICULTURALISM AND THE FUTURE OF TRIBAL SOVEREIGNTY |
35 Columbia Human Rights Law Review 589 (Summer 2004) |
One of the most important things to understand about American Indian tribes is the simple fact that tribes are governments--not non-profit organizations, not interest groups, not an ethnic minority. The history of American culture is rich with social and ideological movements of every sort, from the temperance and abolitionist efforts at the outset... |
2004 |
| |
Native American Resources |
2004 ABA Environment, Energy, and Resources Law: The Year in Review 237 (2004) |
Legislation enacted by Congress in 2003 concerning American Indian and Alaska Native tribes included several acts relating to environment, energy, or resources. We have included in our report those acts that are broadly applicable to Indian tribes and resources. A number of acts relating to one or more specific tribes were enacted, but are not... |
2004 |
| |
Native American Sovereignty on Trial: a Handbook with Cases, Law, and Documents. By Bryan H. Wildenthal. Santa Barbara, Ca: Abc-clio Press, 2003. Pg. 359. $55.00 Hardback. |
44 Natural Resources Journal 924 (Summer 2004) |
From 1830 to 1836, George Caitlin traveled around the western United States to paint plains Indians. Caitlin, a lawyer turned painter, sought to preserve the customs and appearance of the Indians through his work. He idealized the Indians' relationship with nature and hoped that his Indian Gallery would help defend and preserve their way of... |
2004 |
| Thomas Morehouse |
Native Claims and Political Development |
24 Journal of Land, Resources, and Environmental Law 413 (2004) |
Native claims movements and settlements are much more than just economic transactions--they are critical episodes in the political development of aboriginal peoples, and in the control of natural as well as cultural resources. Native claims movements and settlements involve land transfers and cash payments to Native peoples. Native political... |
2004 |
| Colleen M. Diener |
Natural Resources Management and Species Protection in Indian Country: Alternatives to Imposing Federal and State Enforcement upon Tribal Governments and Native Americans |
41 Idaho Law Review 211 (2004) |
C1-3TABLE OF CONTENTS I. ENDANGERED SPECIES ACT BACKGROUND AND PURPOSES. 212 II. RELATIONSHIP BETWEEN SOVEREIGNS UNDER THE ESA. 213 A. Federal and State Dynamics. 213 B. ESA Connection with Tribal Governments. 215 1. Guarantees and Doctrines Governing Federal-Tribal Relationships. 216 a. Federal Indian Policy. 216 b. Federal Trust Obligation over... |
2004 |
| Christopher Andrew Eason |
O Centro V. Ashcroft: American Indians' Efforts to Secure Religious Freedoms Are Paving the Way for Other Minority Religious Groups |
28 American Indian Law Review 327 (2003-2004) |
[T]he theoretical underpinning of the free exercise clause, best reflected in Madison's writings, is that the claims of the universal sovereign precede the claims of civil society, both in time and in authority, and that when the people vested power in the government over civil affairs, they necessarily reserved their unalienable right to the... |
2004 |
| Heidi McNeil Staudenmaier |
Off-reservation Native American Gaming: an Examination of the Legal and Political Hurdles |
4 Nevada Law Journal 301 (Winter 2003/2004) |
The Indian Gaming Regulatory Act of 1988 (IGRA) permits Native American Tribes to conduct gaming on land acquired outside of the tribe's traditional reservation or other trust lands. However, before a tribe may undertake gaming on such off-reservation lands - unless another exception applies - the tribe must first obtain a determination from... |
2004 |
| Erin Ruble, Gerald Torres |
Perfect Good Faith |
5 Nevada Law Journal 93 (Fall 2004) |
The question we are addressing in this essay is one that has bedeviled the evolution of Indian law from the beginning. How is colonialism to be reconciled with republican constitutionalism? We do not anticipate that we will be able to resolve the problems we surface, but we hope that we can, at minimum, provide another way of looking at the role of... |
2004 |
| Ambassador Delano E. Lewis, Sr. |
Personal Perspective: a Native Kansan and African-american Relates the Impact of Brown V. Board of Education on His Educational and Professional Journey |
43 Washburn Law Journal 375 (Winter 2004) |
Thank you. It is an honor to be here. It always feels good to come back home. I am truly honored. It is very humbling to be here. I graduated over forty years ago from Washburn Law School. Thank you for allowing me to speak on the impact of Brown on my professional and educational journey. I am a native Kansan and very, very proud of it. Gayle and... |
2004 |
| Bethany R. Berger |
Power over this Unfortunate Race: Race, Politics and Indian Law in United States V. Rogers |
45 William and Mary Law Review 1957 (April, 2004) |
C1-5Table of Contents L1-4,T4Introduction 1960 I. L2-4,T4The Rogers Decision 1965 II. L2-4,T4Unmasking the Law 1970 A. L3-4,T4Indian Law Before Rogers in Congress and the Court 1970. B. L3-4,T4Back to the Facts 1981. 1. Developing the Test Case. 1982 2. Fabricating a Jurisdictional Gap. 1992 3. Prosecuting the Dead Defendant. 1998 III. L2-4,T4The... |
2004 |
| Saami Council, Swedish Section |
Project Proposal - Comparative Analysis: Culture, Customs, and Traditions of Indigenous Peoples |
21 Arizona Journal of International & Comparative Law L. 1 (Spring, 2004) |
There are an estimated 300 million indigenous peoples living in approximately 70 countries in the world, mainly in developing countries. They have diverse cultures, traditions, and languages, and are among the poorest and most disadvantaged, living as they often do, in remote isolated areas. They are also often marginalized from socio-economic and... |
2004 |
| Marcia Yablon |
Property Rights and Sacred Sites: Federal Regulatory Responses to American Indian Religious Claims on Public Land |
113 Yale Law Journal 1623 (May, 2004) |
According to the National Trust for Historic Preservation, the Kw'st'an Sacred Sites at Indian Pass in Imperial County, California, are one of America's eleven most endangered historic places. For thousands of years, American Indians from the Quechan tribe have undertaken spiritual pilgrimages to these sites and conducted religious ceremonies known... |
2004 |
| Jeffrey H. Wood |
Protecting Native Coastal Ecosystems: Czma and Alaska's Coastal Plain |
19-SUM Natural Resources & Environment 57 (Summer, 2004) |
As America searches for new sources of energy, oil companies are urgently pressing Congress to open the oil-rich fields of Alaska's coastal plain. Off limits to oil exploration since its inception, opening the Arctic National Wildlife Refuge to resource exploitation is a linchpin of President Bush's energy policy. Energy and national defense... |
2004 |
| Thomas J. Krumenacher |
Protection for Indigenous Peoples and Their Traditional Knowledge: Would a Registry System Reduce the Misappropriation of Traditional Knowledge? |
8 Marquette Intellectual Property Law Review 143 (Winter 2004) |
Is there a need to develop a registry system to help reduce the misappropriation of traditional knowledge and to protect the intellectual property rights of indigenous peoples? Intellectual property rights are an important economic factor in industrialized nations, but a majority of the world's population lives in less developed countries where... |
2004 |
| Gloria Valencia-Weber |
Racial Equality: Old and New Strains and American Indians |
80 Notre Dame Law Review 333 (November, 2004) |
Prologue. 334 Introduction: American Indian Sovereigns Are More Than Race Only. 334 I. The Colonial Male Model of Equality. 338 II. American Indians, the Political Collective, and Individuals. 341 A. Contemporary Tribal Sovereigns. 341 B. Indians as Individuals: The Non-Citizen Other in the Constitution. 347 III. Constitutional and Indigenous... |
2004 |
| Steven R. Donziger |
Rainforest Chernobyl: Litigating Indigenous Rights and the Environment in Latin America |
11 No. 2 Human Rights Brief Brief 1 (Winter, 2004) |
Aguinda v. ChevronTexaco, currently being heard in the Superior Court of Sucumbios in the Ecuadorian Amazon, has the potential to set a precedent that could benefit millions of persons victimized by human rights abuses committed by multinational corporations pursuing economic gain. Initiated by solo practitioner Cristobal Bonifaz in 1993,... |
2004 |
| Steve Russell, Indiana University |
Real Indians: Identity and the Survival of Native America Eva Marie Garroutte (Berkeley: University of California Press, 2003) |
27 PoLAR: Political and Legal Anthropology Review 147 (May, 2004) |
The only sensible response to the question, Who is Indian? is another question, or several: When is the question being asked? By whom? For what purpose? Eva Marie Garroutte joins Circe Sturm (2002) in combining library scholarship with ethnography to address these issues. The problem with ethnography as a tool for the job is, of course, that it... |
2004 |
| Steven Andrew Light , Kathryn R.L. Rand |
Reconciling the Paradox of Tribal Sovereignty: Three Frameworks for Developing Indian Gaming Law and Policy |
4 Nevada Law Journal 262 (Winter 2003/2004) |
Wow, man - Indians have it good! - Eric, upon arriving at the Three Feathers casino, on Fox television's South Park Indian gaming, perhaps more so than any issue facing tribes in the last half-century, is a subject of ever-increasing public fascination and policy debate. In tribal gaming's second decade of rapid expansion across the country,... |
2004 |
| Raymond Cross |
Reconsidering the Original Founding of Indian and Non-indian America: Why a Second American Founding Based on Principles of Deep Diversity Is Needed |
25 Public Land & Resources Law Review 61 (Spring 2004) |
As man advances in civilization, and small tribes are united into larger communities, the simplest reason would tell each individual that he ought to extend his social instincts and sympathies to all the members of the same nation, though personally unknown to him. This point being once reached, there is only an artificial barrier to prevent his... |
2004 |
| Lorie M. Graham |
Resolving Indigenous Claims to Self-determination |
10 ILSA Journal of International and Comparative Law 385 (Spring, 2004) |
Let us put our minds together and see what kind of future we can build for our children. -Hunkpapa Lakota Leader, 1876 The right of self-determination is vitally important to indigenous peoples. self-determination is closely linked to cultural survival, economic development, and the realization of other basic human rights. This right has gradually... |
2004 |
| Michael C. Blumm |
Retracing the Discovery Doctrine: Aboriginal Title, Tribal Sovereignty, and Their Significance to Treaty-making and Modern Natural Resources Policy in Indian Country |
28 Vermont Law Review 713 (Spring, 2004) |
C1-3Table of Contents L1-2,T2Introduction 713. I. The Origins of the Discovery Doctrine. 719 II. Judicial Recognition of Indian Title: Fletcher v. Peck. 726 III. Judicial Ratification of the Discovery Doctrine: Johnson v. M'Intosh. 731 IV. Clarifying Aboriginal Rights and Federalizing Indian Affairs: The Cherokee Cases. 747 V. The Legacy of the... |
2004 |
| Amina Para Matlon |
Safeguarding Native American Sacred Art by Partnering Tribal Law and Equity: an Exploratory Case Study Applying the Bulun Bulun Equity to Navajo Sandpainting |
27 Columbia Journal of Law & the Arts 211 (Winter 2004) |
To produce At the Waterhole without strict observance of the law governing its production diminishes its importance and interferes adversely with the relationship and trust established between myself, my ancestors and Barnda. Production without observance of our law is a breach of that relationship and trust. The continuance of that relationship... |
2004 |
| Gloria Valencia-Weber |
Santa Clara Pueblo V. Martinez: Twenty-five Years of Disparate |
14-FALL Kansas Journal of Law & Public Policy 49 (Fall, 2004) |
In 1978, the Supreme Court decided in Santa Clara Pueblo v. Martinez that it was constitutionally permissible for the Pueblo to enforce a membership ordinance that expressly treated female members in a disabling and different way than male members. The ordinance denied membership in the tribe to children of female members who marry outside the... |
2004 |
| Matthew L.M. Fletcher |
Sawnawgezewog : "The Indian Problem" and the Lost Art of Survival |
28 American Indian Law Review 35 (2003/2004) |
After such knowledge, what forgiveness? Think now History has many cunning passages, contrived corridors And issues, deceives with whispering ambitions, Guides us by vanities. When I was a staff attorney for a Puget Sound Tribe in Washington, local property owners sued the Tribe, objecting to the Tribe's new housing development. They were a group... |
2004 |
| Amber L. McDonald |
Secularizing the Sacrosanct: Defining "Sacred" for Native American Sacred Sites Protection Legislation |
33 Hofstra Law Review 751 (Winter 2004) |
A kind of poverty results from the decimation of cultural resources and the reduction of cultural diversity. The death of the religion of any indigenous American people shames and impoverishes our society. For more than 120 years, the Navajo people worshipped at Utah's Rainbow Bridge, a nearby spring, a cave and a prayer spot on a tributary of... |
2004 |
| 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 |