| Author | Title | Citation | Summary | Year |
| |
California Indian Tribe Treated as a Corporation for Tax Purposes |
11-OCT Journal of Multistate Taxation and Incentives 43 (October, 2001) |
In a novel administrative case, Appeal of Flores, 2001 WL 809299 (Cal. SBE No. 98R-0910, Case No. 89002462360, 6/21/01), the California State Board of Equalization (SBE) concluded that, for tax purposes, an Indian tribe more closely resembled a corporation than a partnership. This determination, which reversed the findings of the California... |
2001 |
| Sidney L. Harring, City University of New York Law School |
Carolyn N. Long, Religious Freedom and Indian Rights: the Case of Oregon V. Smith. Lawrence: University Press of Kansas, 2000. Xii, 317 Pp. $35.00 (Cloth). $14.95 (Paper) |
45 American Journal of Legal History 223 (April, 2001) |
The Smith case handed down in 1988 and 1990 stands early in a line of a dozen or so of the Rehnquist Court's major cases attacking Indian rights and tribal sovereignty. Carolyn Long has done much to bring the full story to a wider audience. Like all Indian law cases, the case has, at its core, a profound story of one Indian, Al Smith, a Klamath,... |
2001 |
| by Kevin J. Worthen |
Chickasaw Nation Et. Al. |
2001-02 Preview of United States Supreme Court Cases 32 (9/24/2001) |
One section of the Indian Gaming Regulatory Act (25 U.S.C. § 2719(d)(1)) provides that some provisions of the federal tax code apply to tribal gaming operations in the same way they apply to state gaming operations. Unfortunately, specific clauses of the statute create confusion as to exactly which provisions apply. This case requires the Court to... |
2001 |
| Trishanda L. Hinton |
Child Custody Proceedings: Replace the Uniform Child Custody Jurisdiction Enforcement Act; Establish Updated, Uniform Procedures for Child Custody Proceedings; Provide How Courts of this State Shall Treat Indian Tribes and Foreign Countries in Child Custo |
18 Georgia State University Law Review 58 (Fall, 2001) |
Code Sections: O.C.G.A. §§ 19-9-40 to -51, -61 to -70, -81 to -97, -101 to -104 (amended) Bill Number: SB 118 Act Number: 28 Georgia Laws: 2001 Ga. Laws 129 Summary: This Act updates the Uniform Child Custody Jurisdiction Act to include the requirements of the Hague Convention and two federal statutes enacted since the passage of the original law.... |
2001 |
| Robert K. Paterson |
Claiming Possession of the Material Cultural Property of Indigenous Peoples |
16 Connecticut Journal of International Law 283 (Spring, 2001) |
The fate of the material culture of indigenous peoples evokes two different scenarios. Western museums and art galleries contain vast troves of indigenous ethnographic and other material, mostly collected abroad in colonial times. In many countries, including the United States, indigenous populations can only access the material evidence of their... |
2001 |
| Sandra D. Benischek |
Clean Air in Indian Country: Regulation and Environmental Justice |
12 Villanova Environmental Law Journal 211 (2001) |
THE recent publication of the Environmental Protection Agency's Final Rule, Indian Tribes: Air Quality Planning and Management (hereinafter; Final Rule), establishes provisions for the treatment of tribes in the same manner as states for implementation of the Clean Air Act (hereinafter CAA). The Final Rule also establishes requirements for tribal... |
2001 |
| Ronen Shamir and Daphna Hacker |
Colonialism's Civilizing Mission: the Case of the Indian Hemp Drug Commission |
26 Law and Social Inquiry 435 (Spring 2001) |
This paper examines a particular episode in the history of British imperialism in India: the appointment of the Indian Hemp Drug Commission in 1893. We analyze the way a quasi-judicial investigation into the consumption of drugs was differently conceived and executed as a civilizing mission by, on the one hand, British colonizers, and, on the other... |
2001 |
| Harold Shepherd |
Conflict Comes to Roost! The Bureau of Reclamation and the Federal Indian Trust Responsibility |
31 Environmental Law 901 (Fall 2001) |
As illustrated by recent events in southern Oregon, disputes that have been brewing for many years over tribal water rights are beginning to surface. These disputes cost time and resources to the parties involved, causing bad blood between the parties and severe hardship for those directly impacted. Many of these undesirable outcomes could be... |
2001 |
| Yair Listokin , Ph.D. Candidate, Princedton University; M.A., Princeton University, 2000; B.A., Harvard University, 1997. |
Confronting the Barriers to Native American Homeownership on Tribal Lands: the Case of the Navajo Partnership for Housing |
33 Urban Lawyer 433 (Spring, 2001) |
Native Americans Living on Reservations suffer severe housing distress. Even middle- and upper-income Indians on reservations are confronted by inadequate housing, a situation aggravated by a lack of access to home mortgages. Through 1994, not a single conventional mortgage had been closed on the Navajo Nation, an Indian reservation with a land... |
2001 |
| Marc J. Monte |
Corporate Factory/supplier Monitoring Programs and the Failure of International Law in Regulating Indian Factory Conditions |
26 Brooklyn Journal of International Law 1125 (2001) |
In recent years, allegations of sweatshop conditions in factories which produce garments for clothing and athletic footwear lines endorsed by celebrities such as Kathy Lee Gifford and Michael Jordan have called national attention to the global issues of workers' rights, factory conditions and child labor. In response to these revelations, the... |
2001 |
| Allison M. Dussias |
Cultural Conflicts Regarding Land Use: the Conflict Between Recreational Users and Native American Ceremonial Users at Devils Tower |
2 Res Communes: Vermont's Journal of the Environment Env't 3 (2000-2001) |
Conflicts over appropriate uses of public lands containing areas sacred to Native Americans are not new. In a number of federal court cases in the last two decades, Native Americans have brought Free Exercise Clause challenges to certain uses of, and sought to protect access to, public lands containing sacred sites, generally without success. Some... |
2001 |
| Allison M. Dussias |
Cultural Conflicts Regarding Land Use: the Conflict Between Recreational Users at Devil's Tower and Native American Ceremonial Users |
2 Vermont Journal of Environmental Law 13 (2001) |
C1-2Table of Contents Introduction. 13 I. Perspectives on Devils Tower: Its History and Conflicting Uses. 16 A. Devils Tower as a National Monument and Traditional Cultural Property. 16 B. Devils Tower as a Rock Climbing Site. 18 C. Bear's Lodge: Native American History and Use of the Tower. 22 II. The Final Climbing Management Plan: Balancing... |
2001 |
| Siegfried Wiessner |
Defending Indigenous Peoples' Heritage: an Introduction |
14 Saint Thomas Law Review 271 (Winter, 2001) |
Since the mid-1970s, indigenous peoples have joined across borders to break away from the margins of global society. They have experienced a remarkable resurgence of sorts in the international arena of decision-making. Dr. Erica-Irene Daes, our distinguished keynote speaker, spearheaded this effort at the United Nations. She has chaired the United... |
2001 |
| David Ostergren, Assistant Professor, Department of Political Science &, The Center for Environmental Sciences and Education, Northern Arizona University |
Dispossessing the Wilderness: Indian Removal and the Making of the National Parks. By Mark David Spence (New York: Oxford University Press, 1999. Pp. 190. $14.95 Paper) |
41 Natural Resources Journal 755 (Summer, 2001) |
The issue of Native American rights and public lands is gaining recognition through scholarly work, National Park policy, and federal legislation such as the Native American Graves and Repatriation Act (1990). Mark Spence's Dispossessing the Wilderness: Indian Removal and the Making of the National Parks provides a thorough investigation into the... |
2001 |
| Heidi Kai Guth |
Dividing the Catch: Natural Resource Reparations to Indigenous Peoples--examining the Maori Fisheries Settlement |
24 University of Hawaii Law Review 179 (Winter, 2001) |
Ka pu te ruha, ka hao te rangatahi. The old nets are worn out; the new nets go fishing. Teetering piles of paperwork, fluorescent-lit negotiations and worn-down calculator buttons somehow must lead to the sea. Sean Kerrins rummages through papers in a sterile office of the Treaty of Waitangi Fisheries Commission, in government-laden Wellington, New... |
2001 |
| Robert J. Miller |
Economic Development in Indian Country: Will Capitalism or Socialism Succeed? |
80 Oregon Law Review 757 (Fall 2001) |
I. Traditional American Indian Economies and Private Property Concepts. 764 A. Indian Private Property Rights. 767 1. Land. 767 2. Private Property Rights Other Than Land. 773 3. Wealth Accumulation. 776 B. Tribal Economies. 780 1. Tribal Economic Management. 781 2. Tribal and Individual Indian Trading. 785 a. Native Trading Networks. 786 b. Tribal... |
2001 |
| Kristina Marie Reader |
Empowering Tribes--the District of Columbia Circuit Upholds Tribal Authority to Regulate Air Quality Throughout Reservation Lands in Arizona Public Service Company V. Environmental Protection Agency |
12 Villanova Environmental Law Journal 295 (2001) |
Congress adopted the Clean Air Act (CAA) in 1963 to combat the serious decline of the nation's ambient air quality. The stated goal of CAA was to protect and enhance the quality of the Nation's air resources. In 1990, Congress amended the statute to ensure that Native American nations (Tribes) could participate more fully in CAA programs. As a... |
2001 |
| Mark A. Levin |
Essential Commodities and Racial Justice: Using Constitutional Protection of Japan's Indigenous Ainu People to Inform Understandings of the United States and Japan |
33 New York University Journal of International Law & Politics 419 (Winter 2001) |
We Saru River Ainu prided ourselves on being from the land where the god Okikurmikamuy was born. Whenever we greeted Ainu from neighboring hamlets, we first identified ourselves in the following manner: I am So-and-so, living and working in the village to which Okikurmikamuy descended from the heavens and taught us our folk wisdom. [R]ivers are... |
2001 |
| Robert J. Miller |
Exercising Cultural Self-determination: the Makah Indian Tribe Goes Whaling |
25 American Indian Law Review 165 (2000-2001) |
Save a Whale, Harpoon a Makah American Indian tribes and Alaskan and Hawaiian natives have long suffered under the cultural oppression of European and American societies. As a result many tribal traditions, cultures, and languages have disappeared from the North American continent and Hawaiian Islands. Today, American Indian tribes and native... |
2001 |
| Robert J. Miller |
EXERCISING CULTURAL SELF-DETERMINATION: THE MAKAH INDIAN TRIBE GOES WHALING |
25 American Indian Law Review 165 (2000-2001) |
Save a Whale, Harpoon a Makah American Indian tribes and Alaskan and Hawaiian natives have long suffered under the cultural oppression of European and American societies. As a result many tribal traditions, cultures, and languages have disappeared from the North American continent and Hawaiian Islands. Today, American Indian tribes and native... |
2001 |
| Rose Weston |
Facing the Past, Facing the Future: Applying the Truth Commission Model to the Historic Treatment of Native Americans in the United States |
18 Arizona Journal of International & Comparative Law 1017 (2001) |
We have to face the unpleasant as well as the affirmative side of the human story, including our own story as a nation, our own stories of our peoples. We have got to have the ugly facts in order to protect us from the official view of reality. Bill Moyers, Journalist The history of the United States is rife with allegations of the most serious... |
2001 |
| Mark D. Myers |
Federal Recognition of Indian Tribes in the United States |
12 Stanford Law and Policy Review 271 (Spring 2001) |
Presently, the recognition process is widely misunderstood. . .as conferring legitimacy. Recognition is a certification and documentation process, not a transformative one; it is analogous to a citizen's obtaining a passport, not an alien's naturalization. I personally would like to speak for our tribe. We feel like we are twenty years behind... |
2001 |
| Mark D. Myers |
FEDERAL RECOGNITION OF INDIAN TRIBES IN THE UNITED STATES |
12 Stanford Law and Policy Review 271 (Spring 2001) |
Presently, the recognition process is widely misunderstood. . .as conferring legitimacy. Recognition is a certification and documentation process, not a transformative one; it is analogous to a citizen's obtaining a passport, not an alien's naturalization. I personally would like to speak for our tribe. We feel like we are twenty years behind... |
2001 |
| Billee Elliott McAuliffe |
Forcing Action: Seeking to "Clean Up" the Indian Trust Fund: Cobell V. Babbit, 30 F. Supp. 2d 24 (D.d.c. 1998). |
25 Southern Illinois University Law Journal 647 (Spring, 2001) |
The American Indian Policy Review Commission . . . described the United States trust responsibility as one of the most important concepts in federal Indian law, despite its murky origins' and inexact applications. The trust relationship and the accompanying duties have continually evolved since 1831, when it was first articulated in Cherokee... |
2001 |
| Alex Tallchief Skibine |
High Level Nuclear Waste on Indian Reservations: Pushing the Tribal Sovereignty Envelope to the Edge? |
21 Journal of Land, Resources,and Environmental Law 287 (2001) |
Private Fuel Storage (PFS), a private consortium of utilities has petitioned the Nuclear Regulatory Commission (NRC) for a license to temporarily store up to 4,000 casks containing about 40,000 metric tons of spent nuclear fuel (SNF) at a site located on the Goshute Skull Valley Indian Reservation. Under the proposal, the tribe would lease its land... |
2001 |
| Richard B. Bilder, AsbjØrn Eide, Norwegian Institute of Human Rights |
Human Rights of Indigenous Peoples. Edited by Cynthia Price Cohen. Ardsley Ny: Transnational Publishers, 1998. Pp. Xix, 442. $115 |
95 American Journal of International Law 260 (January, 2001) |
During the last two decades, indigenous peoples have been receiving increased attention within international law and international organizations. Cynthia Price Cohenthe editor of Human Rights of Indigenous Peoples and a leading authority on children's rightsis to be commended for bringing together such a fine group of scholars and practitioners... |
2001 |
| Katherine Topulos, Mabel Shaw, Edward Bennett Williams Library, Georgetown University Law Center, Washington, D.C. |
Human Rights of Indigenous Peoples. Edited by Cynthia Price Cohen. Ardsley, New York: Transnational Publishers, 1998. Pp. 442. Isbn 0-941320-93-6. Us$115.00 |
29 International Journal of Legal Information 149 (Spring, 2001) |
This publication is a collection of essays authored by conference participants of the Sovereignty Symposium, an annual conference sponsored by the Oklahoma State Supreme Court and originally focused solely on American Indian law. Cynthia Price Cohen, editor and contributor, was instrumental in establishing an active international section and... |
2001 |
| David I. Gold |
I Know You're the Government's Lawyer, but Are You My Lawyer Too? An Exploration of the Federal-native American Trust Relationship and Conflicts of Interest |
19 Buffalo Public Interest Law Journal L.J. 1 (2000-2001) |
While present at a Dartmouth College symposium on federal Indian law, Governor James Sappier of the Penobscot Nation posed the following question to Ralph Tarr, then Solicitor of the Department of the Interior: Governor Sappier: I know you're the government's lawyer. Are you my lawyer? Solicitor Tarr: When our interests are congruent, when I can... |
2001 |
| Larry EchoHawk , Tessa Meyer Santiago |
Idaho Indian Treaty Rights: Historical Roots and Modern Applications |
44-OCT Advocate 15 (October, 2001) |
Five tribes currently live within the borders of Idaho. Most of these tribes, at some point in their history, participated in a treaty-making process with the United States government. During this process, the United States exchanged the promise of future support for the millions of acres of land occupied by the tribes under aboriginal title. Many... |
2001 |
| Douglas B.L. Endreson |
Improving the Legislative Process in Indian Country Through Use of Tribal Legislative Fora |
12 Stanford Law and Policy Review 267 (Spring 2001) |
Implementation of a legislative forum would enhance tribal self-governance and minimize challenges to tribal authority. In the last thirty years, Indian ribes have achieved extraordinary gains in the pursuit of self-governance in Congress and the courts. These gains reflect the centrality of the principles of tribal sovereignty to Indian tribes'... |
2001 |
| Katharine R. Boyce |
Incentive Payment Program Expands Federal Subcontracting Opportunities for Indian Country |
48-APR Federal Lawyer 38 (March/April, 2001) |
For nearly 10 years, Congress has appropriated funds for the Department of Defense to make Indian Incentive Payments to contractors which award subcontracts to business enterprises owned by Native Americans, Alaskan Natives, Indian tribes, and Alaskan Native corporations to encourage as much contracting with Native-owned entities as possible. The... |
2001 |
| Cynthia Ford |
Including Indian Law in a Traditional Civil Procedure Course: a Reprise, Five Years Later |
37 Tulsa Law Review 485 (Winter 2001) |
I am honored to have been asked to write a piece for this symposium. I believe strongly in the need to mainstream Indian law issues into the traditional law school curriculum, and I am glad to have the opportunity to reflect on my more recent experiences teaching Indian law subjects in my traditional law school courses. In 1996, I published a piece... |
2001 |
| |
Indian Law |
2000-01 Preview of United States Supreme Court Cases 468 (8/2/2001) |
For Case Analysis: See ABA preview 337 (March 13, 2001) Can an Indian tribe waive sovereign immunity by entering into a contract containing an arbitration clause? Yes. The Court ruled that the tribe was amenable to a state-court suit to enforce an arbitral award in favor of a contractor. From the unanimous opinion by Justice Ginsburg: The... |
2001 |
| |
Indian Law |
2000-01 Preview of United States Supreme Court Cases 468 (8/2/2001) |
For Case Analysis: See ABA preview 292 (March 13, 2001) May an Indian tribe tax a transaction occurring between two non-Indians on non-Indian fee land within the reservation? No. The Court ruled that the Navajo Nation's imposition of a hotel occupancy tax upon non-members on non-Indian fee land within its reservation was invalid. From the unanimous... |
2001 |
| |
Indian Law |
2000-01 Preview of United States Supreme Court Cases 469 (8/2/2001) |
For Case Analysis: See ABA preview 297 (March 13, 2001) May a tribal court assert jurisdiction over civil claims against state officials who entered tribal land to execute a search warrant against a tribe member suspected of having violated state law outside the reservation? No. The Court ruled that the tribal court did not have jurisdiction to... |
2001 |
| |
Indian Law |
16-SUM Natural Resources & Environment 324 (Summer, 2001) |
Suagee, D. and Lowndes, J., Due Process and Public Participation in Tribal Environmental Programs, 13 Tulane Environmental Law Journal 1 (1999). In this article, the authors analyze due process and public participation in the environmental context of American jurisprudence and analyze the applicability to Indian law jurisprudence in the United... |
2001 |
| Kenneth H. Bobroff |
Indian Law in Property: Johnson V. M'intosh and Beyond |
37 Tulsa Law Review 521 (Winter 2001) |
First-year law students are most likely to encounter Indian law in their Property class. Indeed, one of the foundational Indian law cases, Johnson v. M'Intosh, is at the root of title for most real property in the United States. A good number of Property casebooks include this 178 year-old decision, often as the first case of the semester. Indian... |
2001 |
| P.S. Deloria |
Indian Natural Resource Issues in an Orderly System |
41 Natural Resources Journal 549 (Summer, 2001) |
Indian tribes will be posing--and facing--a number of issues in the future having to do with land and natural resources. A few tribes have unresolved claims to ownership of land now claimed by others. Many tribes have not yet fully established the measure of their water rights. Tribes are asking for a share of the power generated by hydroelectric... |
2001 |
| David H. Getches |
Indian Reserved Water Rights: the Winters Doctrine in its Social and Legal Context, 1880s-1930s. By John Shurts. Norman: University of Oklahoma Press. 2000. Pp. Xv, 333. $39.95. |
99 Michigan Law Review 1473 (May, 2001) |
A single, century-old court decision affects the water rights of nearly everyone in the West. The Supreme Court's two-page opinion in Winters v. United States sent out shock waves that reverberate today. By formulating the doctrine of reserved water rights, the Court put Indian tribes first in line for water in an arid region. Priority is... |
2001 |
| Robert D. Probasco |
Indian Tribes, Civil Rights, and Federal Courts |
7 Texas Wesleyan Law Review 119 (Spring 2001) |
I. Introduction. 119 II. Background. 122 A. Indian Tribes and Sovereignty. 122 B. Civil Rights and Indians. 126 C. Martinez. 128 D. Getting Around Martinez. 132 III. General Considerations. 135 A. Federalists, Nationalists, and the Parity Principle. 135 B. Sovereigns in a Foreign Forum. 141 C. How Much Deterrence Is Enough?. 144 IV. Evidence of... |
2001 |
| Petra Rethmann |
Indigenous Autonomy and its Problems: a Vision from the Russian Far East |
14 Saint Thomas Law Review 411 (Winter, 2001) |
This essay discusses one vision of self-determination among Luoravetlan women and men in the Chukotka peninsula in the Russian Far East. Self-determination can have many meanings, but the one this essay emphasizes is based on tradition: on the intricate connections between humans, animals, and land, with shared premises, close kin groups, and local... |
2001 |
| Michelle Bougdanos |
Indigenous Peoples and Un Aid: a Country's First Inhabitants Are No Longer Last in Line |
17 New York Law School Journal of Human Rights 931 (Summer 2001) |
The UN envisions a world that is human-centred and genuinely democratic, where all human beings are full participants and determine their own destinies. -- Millennium Forum Final Declaration In 1982, the United Nations established the Working Group on Indigenous Populations to investigate and address the human rights issues affecting indigenous... |
2001 |
| Patrick Macklem |
Indigenous Rights and Multinational Corporations at International Law |
24 Hastings International and Comparative Law Review 475 (Spring 2001) |
Indigenous peoples confronting multinational corporate activity that adversely affects their interests occupy an ambiguous position in international law. Much of international law governs relations among sovereign states by and through a distribution of sovereignty constructed on an exclusion of indigenous peoples from the community of nations. In... |
2001 |
| Gail Osherenko |
Indigenous Rights in Russia: Is Title to Land Essential for Cultural Survival? |
13 Georgetown International Environmental Law Review 695 (Spring, 2001) |
I. L2-3,T3Introduction 695. II. L2-3,T3Indigenous Peoples in the Russian Federation 698. A. History. 698 B. Contrasting Legal Histories in 19th Century United States and Russia. 700 C. The Constitutional Basis of Indigenous Rights in Russia. 702 III. L2-3,T3International Law on Indigenous Rights 703. A. U.N. Covenant on Civil and Political Rights.... |
2001 |
| Jack F. Williams |
Integrating American Indian Law into the Commercial Law and Bankruptcy Curriculum |
37 Tulsa Law Review 557 (Winter 2001) |
Indian tribes have experienced a resurgence of commercial activity both on and off Indian country. Tribal leaders have identified commercial and economic development as a top priority because it provides revenue and jobs for tribal governments and members. For example, gaming revenues in 1997 exceeded over $6.4 billion, with revenues increasing at... |
2001 |
| Barbara P. Blumenfeld |
Integrating Indian Law into a First Year Legal Writing Course |
37 Tulsa Law Review 503 (Winter 2001) |
Since 1986, I often have assigned my second semester 1L legal writing students an open research appellate problem involving relatively complex Indian law issues. While teaching at Wayne State University Law School the problems went only to students in my writing sections: generally between forty and fifty first year students. At University of New... |
2001 |
| Erica-Irene Daes |
Intellectual Property and Indigenous Peoples |
95 American Society of International Law Proceedings 143 (April 4-7, 2001) |
At the outset, I should like to express my gratitude to the organizers of this important meeting for inviting me to deliver a lecture on the theme, Intellectual Property and Indigenous Peoples. I should like to begin with making the following introductory remarks. Indigenous peoples today stand at the crossroads of globalization. In many ways,... |
2001 |
| Siegfried Wiessner |
Intellectual Property and Indigenous Peoples: an Overview |
95 American Society of International Law Proceedings 151 (April 4-7, 2001) |
Subsequent to Professor Erica Daes' lecture, this panel was convened at 10:30 a.m., Friday, April 6, 2001, by its Chair, Professor Siegfried Wiessner, who introduced the panelists: S. James Anaya, Samuel M. Fegtly Professor of Law, University of Arizona, James E. Rogers College of Law; Professor Russel Lawrence Barsh, New York University and First... |
2001 |
| Advocate V.K. Unni |
Internet Service Provider's Liability for Copyright Infringement- How to Clear the Misty Indian Perspective |
8 Richmond Journal of Law and Technology 13 (Fall 2001) |
ABSTRACT 1. INTRODUCTION 2. WHAT IS AN ISP? 3. WHEREIN LIES THE TRUTH? 4. THE LIABILITY OF ISPs--A LIVELY TOPIC 5. THE AMERICAN PERSPECTIVE 5.1 Playboy Enterprises, Inc. v Frena 5.2 RTC v Netcom 5.3 Playboy Enterprises, Inc. v. Hardenburgh 6. THE DMCA MAIN PROVISIONS 7. THE POSITION IN AUSTRALIA 7.1 The Earlier Position 7.2 The Copyright Amendment... |
2001 |
| 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 |