| Author | Title | Citation | Summary | Year |
| Mitchell Peterson |
THE APPLICABILITY OF FEDERAL EMPLOYMENT LAW TO INDIAN TRIBES |
47 South Dakota Law Review 631 (2002) |
Employment is one of the most fundamental relationships in the lives of Americans, and, accordingly, Congress has extensively regulated the employment relationship. In the context of Indian tribes as employers, the extent of federal regulation is unclear. Both Title VII of the Civil Rights Act of 1964 (Title VII) and the Americans with Disabilities... |
2002 |
| S. James Anaya, Claudio Grossman |
The Case of Awas Tingni V. Nicaragua: a New Step in the International Law of Indigenous Peoples |
19 Arizona Journal of International & Comparative Law L. 1 (Spring, 2002) |
The people of Awas Tingni did not set about to forge an international legal precedent with implications for indigenous peoples throughout the world, yet that is what they have done. Awas Tingni is one of numerous Mayagna, or Sumo, indigenous communities in the isolated Atlantic Coast region of Nicaragua. The Community has sought simply, but... |
2002 |
| Joel Ngugi |
The Decolonization-modernization Interface and the Plight of Indigenous Peoples in Post-colonial Development Discourse in Africa |
20 Wisconsin International Law Journal 297 (Spring, 2002) |
The two more important developments in Twentieth Century international law were the decolonization movement of the 1950s and 1960s and the recognition of the emerging norm of indigenous peoples rights in international law. More remarkable, however, there has been the creation of discourses in international law that have constrained these two... |
2002 |
| Peter J. Gardner |
The First Amendment's Unfulfilled Promise in Protecting Native American Sacred Sites: Is the National Historic Preservation Act a Better Alternative? |
47 South Dakota Law Review 68 (2002) |
This article briefly reviews the significant obstacles and opportunities encountered by Native Americans in their efforts to protect sacred religious sites. Though the First Amendment might seem a good avenue to this end, in practice it is not. The National Historic Preservation Act, however, may provide a promising alternative, especially if... |
2002 |
| Douglas R. Nash , Christopher P. Graham |
The Importance of Being Honest : Exploring the Need for Tribal Court Approval for Search Warrants Executed in Indian Country after State V. Mathews |
38 Idaho Law Review 581 (2002) |
I. L2-3,T3INTRODUCTION 581 II. L2-3,T3THE MATHEWS DECISIONS 582 A. Background. 582 B. Mathews I. 584 C. Mathews II. 585 D. Mathews III. 586 III. L2-3,T3ANALYSIS OF THE MATHEWS III DECISION 586 IV. L2-3,T3PRACTICAL IMPACTS OF THE MATHEWS III DECISION 588 VI. L2-3,T3EXPLORING THE NEED FOR TRIBAL COURTS' APPROVAL OF STATE ISSUED WARRANTS AS AN ELEMENT... |
2002 |
| Richard B. Maltby |
The Indian Child Welfare Act of 1978 and the Missed Opportunity to Apply the Act in Guardianships |
46 Saint Louis University Law Journal 213 (Winter 2002) |
State courts have had over two decades to mold the Indian Child Welfare Act of 1978 (ICWA or the Act) into a mechanism for protecting Indian heritage while simultaneously providing the ideal nurturing conditions for Indian children who are the subjects of custodial proceedings involving a non-parent. Although there are no typical ICWA cases,... |
2002 |
| Thomas E. Luebben , Cathy Nelson |
The Indian Wars: Efforts to Resolve Western Shoshone Land and Treaty Issues and to Distribute the Indian Claims Commission Judgment Fund |
42 Natural Resources Journal 801 (Fall, 2002) |
International human rights agencies have found the United States in violation of international treaties and human rights standards by denying the Western Shoshone Nation the use of their ancestral lands. The 1863 Treaty of Ruby Valley did not cede any Western Shoshone land to the United States, nor did it purport to take or extinguish Western... |
2002 |
| SOMPONG SUCHARITKUL |
The Inter-temporal Character of International and Comparative Law Regarding the Rights of the Indigenous Populations of the World |
50 American Journal of Comparative Law L. 3 (Fall 2002) |
This report explores ways and means in a selection of comparative legal systems to ensure adequate protection of the rights of indigenous peoples within the territorial confines of national jurisdictions. In most contemporary legal systems, attention has been drawn to the problems of how best to protect and safeguard the various fundamental rights... |
2002 |
| Ward Churchill |
The Law Stood Squarely on its Head: U.s. Legal Doctrine, Indigenous Self-determination and the Question of World Order |
81 Oregon Law Review 663 (Fall 2002) |
It's a travesty of a mockery of a sham. Groucho Marx As anyone who has ever debated or negotiated with U.S. officials on matters concerning American Indian land rights can attest, the federal government's first position is invariably that its title to/authority over its territoriality was acquired incrementally, mostly through provisions of cession... |
2002 |
| Robert B. Porter |
The Meaning of Indigenous Nation Sovereignty |
34 Arizona State Law Journal 75 (Spring, 2002) |
A lot of Indians and non-Indians, especially policymakers, lawyers, and scholars, have spent a lot of time trying to figure out what sovereignty means as it relates to the Indigenous peoples and nations of the world. Having long been a participant in this quest myself, I too, have come up with a few ideas about what the term means. As I see it,... |
2002 |
| Barbara A. Cosens |
The Measure of Indian Water Rights: the Arizona Homeland Standard, Gila River Adjudication |
42 Natural Resources Journal 835 (Fall, 2002) |
On November 26, 2001, the Arizona Supreme Court concluded that Indian reservations were established as homelands. By articulating a homeland standard for the measure of reserved water rights based on tribal economic development plans, cultural needs, and historic water uses, the Arizona Supreme Court has eliminated many of the blatant inequities... |
2002 |
| Stacy L. Leeds |
The More Things Stay the Same: Waiting on Indian Law's Brown V. Board of Education |
38 Tulsa Law Review 73 (Fall 2002) |
Not everything that is faced can be changed, but nothing can be changed until it is faced. James Baldwin Lone Wolf v. Hitchcock has been referred to as the Indians' Dred Scott decision. Although Dred Scott was a negro[ ] of the African race, and Lone Wolf was a Kiowa of the Indian race, the similarities within these decisions are chilling.... |
2002 |
| David S. Johnston |
The Native American Plight: Protection and Preservation of Sacred Sites |
8 Widener Law Symposium Journal 443 (2002) |
A wee child toddling in a wonder world, I prefer to their dogma my excursions into the natural gardens where the voice of the Great Spirit is heard in the twittering of birds, the rippling of mighty waters, and the sweet breathing of flowers. Freedom of religion drove thousands of Europeans to the New World, but to this date our society still... |
2002 |
| Lindsay Glauner |
The Need for Accountability and Reparation: 1830-1976 the United States Government's Role in the Promotion, Implementation, and Execution of the Crime of Genocide Against Native Americans |
51 DePaul Law Review 911 (Spring 2002) |
The opposite of love is not hate; it's indifference. The opposite of art is not ugliness; it's indifference. The opposite of faith is not heresy; it's indifference. The opposite of life is not death; it's indifference. Because of indifference, one dies before one actually dies. Elie Wiesel. On September 8, 2000, the head of the Bureau of Indian... |
2002 |
| Andrea M. Seielstad |
The Recognition and Evolution of Tribal Sovereign Immunity under Federal Law: Legal, Historical, and Normative Reflections on a Fundamental Aspect of American Indian Sovereignty |
37 Tulsa Law Review 661 (Spring 2002) |
It is inherent in the nature of sovereignty, not to be amenable to the suit of an individual without its consent. This is the general sense and the general practice of mankind; and the exemption, as one of the attributes of sovereignty, is now enjoyed by the government of every state in the union. [Indian tribes are] distinct, independent... |
2002 |
| Andrea M. Seielstad |
THE RECOGNITION AND EVOLUTION OF TRIBAL SOVEREIGN IMMUNITY UNDER FEDERAL LAW: LEGAL, HISTORICAL, AND NORMATIVE REFLECTIONS ON A FUNDAMENTAL ASPECT OF AMERICAN INDIAN SOVEREIGNTY |
37 Tulsa Law Review 661 (Spring 2002) |
It is inherent in the nature of sovereignty, not to be amenable to the suit of an individual without its consent. This is the general sense and the general practice of mankind; and the exemption, as one of the attributes of sovereignty, is now enjoyed by the government of every state in the union. [Indian tribes are] distinct, independent... |
2002 |
| Claudeen Bates Arthur |
The Role of the Tribal Attorney |
34 Arizona State Law Journal 21 (Spring, 2002) |
My name is Claudeen Bates Arthur. That is what they call me, but who I really am is a Tsenjikini woman. My fathers are Naaneesht'ezhi Tachiinii and my grandparents on my father's side are Kinyaa'aanii and on my mother's side are Naakai. That is who I really am. I also am the grandmother of eight grandsons and only one granddaughter. I tell you this... |
2002 |
| Kathleen A. Kannler |
The Struggle among the States, the Federal Government, and Federally Recognized Indian Tribes to Establish Water Quality Standards for Waters Located on Reservations |
15 Georgetown International Environmental Law Review 53 (Fall, 2002) |
I. L2-3,T3Introduction 54 II. L2-3,T3The Authority of the Tribes and the Federal Government to Control the Regulation of Water Quality on Reservations 55 A. The Tribes' Inherent Authority to Set Water Quality Standards and Regulate Their Members' Conduct that Affects the Reservations' Water Quality. 55 B. Federal Legislation and Treaties: The... |
2002 |
| Dean B. Suagee |
The Supreme Court's "Whack-a-mole" Game Theory in Federal Indian Law, a Theory That Has No Place in the Realm of Environmental Law |
7 Great Plains Natural Resources Journal 90 (Fall 2002) |
I. A Short Explanation of the Court's Whack-a-Mole Game Theory. 97 A. The General Proposition of Montana v. United States. 97 B. The Whack-a-Mole Line of Cases. 99 C. The 2001 Decisions. 102 1. Atkinson Trading Company, Inc. v. Shirley. 102 2. Nevada v. Hicks. 104 D. The Importance of the Sweeping Premise. 105 II. The Court's Disregard for... |
2002 |
| Ratna Kapur |
The Tragedy of Victimization Rhetoric: Resurrecting the "Native" Subject in International/post-colonial Feminist Legal Politics |
15 Harvard Human Rights Journal J. 1 (Spring, 2002) |
Through traveling to other people's worlds we discover that there are worlds in which those who are the victims of arrogant perception are really subjects, lively beings, constructors of vision even though in the mainstream construction they are animated only by the arrogant perceiver and are pliable, foldable, file-awayable, classifiable.... |
2002 |
| Kathryn R.L. Rand |
There Are No Pequots on the Plains: Assessing the Success of Indian Gaming |
5 Chapman Law Review 47 (Spring 2002) |
We had tried poverty for 200 years, so we decided to try something else. Ray Halbritter was referring to his own tribe, the Oneida Indian Nation of New York, but the sentiment might have applied to each of the nearly 150 tribes that decided to pursue casino-style gaming during the 1990s as a means of tribal economic development. For the last... |
2002 |
| Robert N. Clinton |
There Is No Federal Supremacy Clause for Indian Tribes |
34 Arizona State Law Journal 113 (Spring, 2002) |
They say we have been here before and made an alliance. The Dutch, indeed, say we are brothers and are joined together with chains, but that lasts only as long as we have beavers. After that we are no longer thought of, but much will depend upon it when we shall need each other. [They thereupon gave two beavers.] They say, the alliance which was... |
2002 |
| Robert N. Clinton |
THERE IS NO FEDERAL SUPREMACY CLAUSE FOR INDIAN TRIBES |
34 Arizona State Law Journal 113 (Spring, 2002) |
They say we have been here before and made an alliance. The Dutch, indeed, say we are brothers and are joined together with chains, but that lasts only as long as we have beavers. After that we are no longer thought of, but much will depend upon it when we shall need each other. [They thereupon gave two beavers.] They say, the alliance which was... |
2002 |
| John H. Mansfield |
Thirty-five Years under the Indian Constitution |
5 Green Bag 311 (Spring 2002) |
IN 1966, SIXTEEN YEARS after the Indian Constitution came into force, Granville Austin published The Indian Constitution: Cornerstone of a Nation. This book was a study of the work of the Constituent Assembly and of early experiences under the Constitution in independent India. Because of the care with which the author did his research and the... |
2002 |
| David Matheson |
Tribal Sovereignty: Preserving Our Way of Life |
34 Arizona State Law Journal 15 (Spring, 2002) |
Thank you everybody. It's good to be here. When I was looking at the speakers' panel that I was going to be on, I couldn't help but notice that it was all attorneys. I started trying to think of what I was going to talk about, trying to predict what the others were going to talk about, and that's why I thought I'd talk more on the cultural side.... |
2002 |
| Robert B. Porter - Odawi |
Two Kinds of Indians, Two Kinds of Indian Nation Sovereignty: a Surreply to Professor Lavelle |
11 Kansas Journal of Law & Public Policy 629 (Spring, 2002) |
If you can free your mind, the body will follow. - Morpheus I. INTRODUCTION John LaVelle, my colleague at the University of South Dakota, graciously took up the task of commenting on my article arguing against the increasing practice of American Indians to self-identify as, and to exercise the political rights of, American citizens. Professor... |
2002 |
| Jeffrey C. Honaker |
United States V. Cleveland Indians: Fica and Futa Taxes V. the Social Security Act - Why Have Different Definitions for Identical Language? |
17 Akron Tax Journal 99 (2002) |
The nation should have a tax system that looks like someone designed it on purpose. William Simon The Cleveland Indians were set to face off against the Internal Revenue Service in the 2001 World Series of Taxation. This meeting would not be their first. The parties battled in both 1999 and 2000 where the Indians, almost effortlessly, disposed of... |
2002 |
| Fergus MacKay |
Universal Rights or a Universe unto Itself? Indigenous Peoples' Human Rights and the World Bank's Draft Operational Policy 4.10 on Indigenous Peoples |
17 American University International Law Review 527 (2002) |
INTRODUCTION. 528 A. The World Bank and Human Rights: International Concern. 529 B. Rights-Based Approach to Development. 533 C. International Attention to Indigenous Peoples' Human Rights. 535 I. DEVELOPMENT AND HUMAN RIGHTS: THE ROLE AND ATTITUDE OF THE WORLD BANK. 539 II. DOES THE BANK HAVE A LEGAL OBLIGATION TO RESPECT HUMAN RIGHTS?. 542 A. The... |
2002 |
| Joshua Briones |
We Want to Believe Too: the Irfa and Indigenous Peoples' Right to Freedom of Religion |
8 U.C. Davis Journal of International Law and Policy 345 (Spring 2002) |
I. The IRFA of 1998. 347 A. The IRFA's Functions. 347 B. The President's Powers Under the IRFA. 348 II. The Case of the U'wa People. 349 A. The U'wa People. 349 B. Indifference to the U'wa People's Religious Beliefs. 350 C. U.S. Foreign Policy Toward the U'wa People. 352 III. First Amendment Jurisprudence. 352 A. The Smith Decision. 352 B. The... |
2002 |
| Nicholas K. Rohner , Raj Mehta |
Winner, Best Appellate Brief in the 2001 Native American Law Student Association Moot Court Competition |
26 American Indian Law Review 287 (2001-2002) |
I. Whether the ESA applies to the CTCR's exercise of its treaty-reserved fishing rights when there is no clear evidence on the face of the Act, in the Act's legislative history, or in the surrounding circumstances that indicates Congress intended for the ESA to abrogate Indian treaty rights. II. Whether the NMFS should be required to first impose... |
2002 |
| Frank Shockey |
"INVIDIOUS" AMERICAN INDIAN TRIBAL SOVEREIGNTY: MORTON V. MANCARI CONTRA ADARAND CONSTRUCTORS, INC., V. PENA, RICE V. CAYETANO, AND OTHER RECENT CASES |
25 American Indian Law Review 275 (2000-2001) |
To import generic equal protection theories . . . into federal Indian law constitutes an error of significant magnitude, for it confuses a puzzling, conceptually intractable, and little-understood corner of public law with its mainstream. Professor Philip Frickey, among other commentators, has expressed concern about the continuing viability of... |
2001 |
| Lucy A. Curry |
A CLOSER LOOK AT SANTA CLARA PUEBLO V. MARTINEZ: MEMBERSHIP BY SEX, BY RACE, AND BY TRIBAL TRADITION |
16 Wisconsin Women's Law Journal 161 (Fall 2001) |
Feminist legal theory has embraced federal Indian law as lending greater understanding to the legacy of white patriarchy in the United States. Of the U.S. Supreme Court Indian law jurisprudence since 1823, Santa Clara Pueblo v. Martinez is one of the most discussed cases in the feminist discourse. Feminists have largely analyzed it as modern,... |
2001 |
| Christopher Parker |
A Constitutional Examination of the Federal Exemptions for Native American Religious Peyote Use |
16 BYU Journal of Public Law 89 (2001) |
In enacting the American Indian Religious Freedom Amendments Act of 1991 (AIRFAA or the Act), Congress sought to preserve the sacramental use of peyote by traditional Native American religious practitioners by exempting members of federally recognized Indian tribes from state and federal provisions prohibiting peyote possession and use. The... |
2001 |
| Robyn L. Robinson |
A Discussion of the Application of Fica and Futa to Indian Tribes' On-reservation Activities |
25 American Indian Law Review 37 (2000-2001) |
The question of whether federal employment taxes extend to Indian tribes' on-reservation activities is unsettled. Both proponents and opponents of the application can point to numerous factors to support or oppose the argument that federal employment taxes extend to Indian tribes' on-reservation activities. In this unsettled area, it is appropriate... |
2001 |
| John Celichowski |
A Rough and Narrow Path: Preserving Native American Religious Liberty in the Smith Era |
25 American Indian Law Review Rev. 1 (2000-2001) |
To the casual observer, peyote is unremarkable even as a plant. A species of small, spineless cactus found in a limited growth area, principally in present-day Mexico and the State of Texas, it would not appear to have the power to inspire a conversation over coffee, much less a constitutional debate. Similarly, the billions of grapes that fill... |
2001 |
| David N. Fagan |
Achieving Restitution: the Potential Unjust Enrichment Claims of Indigenous Peoples Against Multinational Corporations |
76 New York University Law Review 626 (May, 2001) |
In the rush to exploit untouched resources in remote regions of developing nations, multinational corporations and their local government partners often trample on indigenous land and culture, at times committing atrocities against the indigenous peoples. In this Note, David Fagan examines the use of unjust enrichment as a theory of recovery for... |
2001 |
| Robert T. Anderson |
Alaska Natives and American Laws Second Edition by David S. Case & David Avraham Voluck |
18 Alaska Law Review 317 (December, 2001) |
Alaska Natives and American Laws, Second Edition. By David S. Case & David Avraham Voluck. Fairbanks, AK: University of Alaska Press. Expected date of publication: Spring 2002. Available in hardback and paper; price not indicated. Approximately 560 pp., with bibliography, index, and illustrations. Alaska is home to 226 federally recognized Native... |
2001 |
| Victoria Sutton |
American Indian Law--elucidating Constitutional Law |
37 Tulsa Law Review 539 (Winter 2001) |
The incorporation of American Indian law into the study of Constitutional Law accomplishes a number of pedagogical goals as well as understanding questions concerning American Indian law that naturally evolve in the study. This broadened understanding of the United States Constitution helps to explain the complex subject of opinion writing and the... |
2001 |
| John Rockwell Snowden , Wayne Tyndall , David Smith |
American Indian Sovereignty and Naturalization: It's a Race Thing |
80 Nebraska Law Review 171 (2001) |
I. A Sketch of Naturalization in the United States. 176 A. The Historical Background of Naturalization in the United States. 176 1. English Roots: The Theory of Natural Allegiance. 176 2. The Colonial Experience: The Theory of Volitional Allegiance Emerges. 179 3. Defining the Qualifications for Naturalization After Independence. 181 B. Current... |
2001 |
| Laura D. Windsor |
Amoco Production Company V. Southern Ute Indian Tribe: a Final Resolution to the Battle over Ownership of Coalbed Methane Gas? |
17 Georgia State University Law Review 893 (Spring, 2001) |
The United States' demand for natural gas, an energy source that is critical for power generation and heating, is expected to increase sixty-two percent by the year 2020. Energy analysts question whether current supplies of traditional natural gas will be able to meet this demand. Given this high demand and the potential for limited supply,... |
2001 |
| George H. Cortelyou |
An Attempted Revolution in Native American Housing: the Native American Housing Assistance and Self-determination Act |
25 Seton Hall Legislative Journal 429 (2001) |
I. INTRODUCTION. 429 II. RESERVATION ECONOMIES AND THE NEED FOR AFFORDABLE HOUSING. 432 III. BACKGROUND AND LEGAL CONCEPTS. 435 IV. THE INGREDIENTS OF A SUCCESSFUL HOUSING PROGRAM. 442 V. NAHASDA AND HOW IT WORKS. 446 A. The Statutory Provisions. 446 B. NAHASDA's Success. 452 VI. THE IMPLEMENTATION OF NAHASDA SHOWS ITS SHORTCOMINGS. 455 A. An... |
2001 |
| Elizabeth Roat |
Analyzing Conflicts Between Indian Treaty Rights and Federal Conservation Regulations: Are State Regulation Standards Appropriate? |
84 Marquette Law Review 701 (Spring 2001) |
In July 1998, officials of the United States Department of Agriculture's Forest Service cited David J. Gotchnik for using a motorized vehicle in a no motor area of the Boundary Waters Canoe Area Wilderness (BWCAW) in the Superior National Forest in Minnesota. Gotchnik was traveling across Basswood Lake in northern Minnesota in a canoe powered by... |
2001 |
| Julie Thompson |
Application of the National Labor Relations Act to Indian Tribes: Preserving Indian Self-government and Economic Security |
27 University of Dayton Law Review 189 (Fall, 2001) |
Page I. L2-5,T5Introduction 190 II. L2-5,T5Background 192 A. L3-5,T5The National Labor Relations Act and a Tribal Right-To-Work Ordinance 193 B. L3-5,T5The General Law of Federal Preemption 195 C. L3-5,T5Tribal Sovereignty and the Federal Tribal Relationship 196 III. L2-5,T5Analysis 197 A. L3-5,T5The NLRA Does Not Expressly Preempt a Tribal... |
2001 |
| Jeffrey D. Martino |
At the Edge of the State: Indigenous Peoples and Self-determination. By Maivan Clech Lam. Ardsley Ny: Transnational Publishers, 2000. |
4 New York City Law Review 103 (Fall 2001) |
At the Edge of the State is an erudite and practical work. In her book, Maivân Clech Lâm poses two questions: will indigenous peoples create and enforce an international legal instrument around their interests and will that instrument be binding on all states. Lâm answers affirmatively to the first and conditions the second on a case by case... |
2001 |
| Gary D. Meyers , Sally Raine |
Australian Aboriginal Land Rights in Transition (Part Ii): the Legislative Response to the High Court's Native Title Decisions in Mabo V. Queensland and Wik V. Queensland |
9 Tulsa Journal of Comparative & International Law 95 (Fall 2001) |
This article is the second of a series of two articles which review and assess the development of indigenous land rights law in Australia over the last decade. Part I reviewed and critiqued the Australian High Court's historic judgment in Mabo v. Queensland, acknowledging the reception into Australian common law of the Native Title Doctrine. The... |
2001 |
| Laurie Anne Whitt , Mere Roberts , Waerete Norman , Vicki Grieves |
Belonging to Land: Indigenous Knowledge Systems and the Natural World |
26 Oklahoma City University Law Review 701 (Summer 2001) |
Some years ago, the Cherokee mounted fierce resistance to the construction of the Tellico Dam and the subsequent flooding of the Little Tennessee Valley. Many of their objections were based on the threat that it posed to their cultural heritage. Ammoneta Sequoyah, a medicine man who gathered healing plants in the Valley several times a year,... |
2001 |
| David H. Getches |
Beyond Indian Law: the Rehnquist Court's Pursuit of States' Rights, Color-blind Justice and Mainstream Values |
86 Minnesota Law Review 267 (December, 2001) |
The Supreme Court has made radical departures from the established principles of Indian law. The Court ignores precedent, construing statutes, treaties, and the Constitution liberally to reach results that comport with a majority of the Justices' attitudes about federalism, minority rights, and protection of mainstream values. In the process,... |
2001 |
| Faith Smith |
Building Native American Representation in the Law: the Need for Affirmative Action |
12 Berkeley La Raza Law Journal 397 (2001) |
I am the President of NAES (Native American Educational Services) College, the only private Native-controlled college in the country, and a consultant to the Kellogg Foundation on its Native American Higher Educational Initiative. I have engaged in work relating to Native American education and community development throughout my career. My... |
2001 |
| Wendy Nelson Espeland |
Bureaucrats and Indians in a Contemporary Colonial Encounter |
26 Law and Social Inquiry 403 (Spring 2001) |
. . . to become conscious of the relativity (hence of the arbitrariness) of any feature of culture is already to shift it a little. . . . [History] is nothing other than a series of such imperceptible shifts. -- Tzvetan Todorov 1982, 254 When we discover that there are several cultures instead of just one . . . and when we acknowledge the end of a... |
2001 |
| by Vicki J. Limas |
C & L Enterprises, Inc. |
2000-01 Preview of United States Supreme Court Cases 337 (3/13/2001) |
Under federal law, Indian tribes, as sovereign governments, cannot be sued unless they have consented to suit or the federal government has consented for them; any consent to be sued--i.e., any waiver of sovereign immunity--must be clear and unequivocally expressed. In this case, officials of an Indian tribe signed a construction contract... |
2001 |