AuthorTitleCitationSummaryYear
S.P. Sathe Judicial Activism: the Indian Experience 6 Washington University Journal of Law and Policy 29 (2001) I. L2-4,T4Historical and Theoretical Background 30 A. Judicial Process: Nature. 31 B. Judicial Review in the United States. 37 C. Judicial Review in India. 38 D. Judicial Activism from 1950 to 1975. 40 II. L2-4,T4Post-Emergency Activism: Fundamental Rights 43 A. The Fundamental Rights Case: Judicial Surrender. 43 B. The End of Emergency and... 2001
Pamela R. Logsdon , J.D., M.S.E.L. (Master of Studies in Environmental Law), Vermont Law School, 1999; B.A., Allegheny College, 1993. Jurisdiction to Regulate Land Uses in Indian Country: Basic Concepts and Recent Developments 33 Urban Lawyer 765 (Summer, 2001) The basic precept of Indian law in the United States is that tribes are sovereign nations with inherent authority to regulate both their members and their territories. As with all legal principles, however, this authority is not absolute. Shifting federal Indian policy, treaties upon broken treaties, U.S. Supreme Court jurisprudence, and common... 2001
Jeremy Clinefelter Just Say the "Magic Words": Advocating an Arbitration Clause Should Be Held to an Express Waiver Standard for the Doctrine of Indian Sovereign Immunity - C&l Enterprises V. Citizen Band Potawatomi Indian Tribe 25 American Indian Law Review 315 (2000-2001) Under normal circumstances, when two parties agree to an arbitration clause in a construction contract, executed on privately owned land, both parties may reasonably be assured of a speedy resolution to any dispute arising thereon. Circumstances change, however, if one of the parties is a federally recognized Indian tribe. Indian tribes, like... 2001
Ryan T. Peel Katie John V. United States: Balancing Alaskan State Sovereignty with a Native Grandmother's Right to Fish , 15 BYU Journal of Public Law 263 (2001) First Come, Last Served. It's depressing that . . . [Alaska Governor Tony Knowles] fights respected Native elder Katie John in federal court over the few fish ANILCA guarantees her to sustain her family. As Alaska's governor, I believe it is my clear responsibility, even in the face of a difficult political battle, to vigorously defend this... 2001
Rebecca Tsosie Land, Culture, and Community: Reflections on Native Sovereignty and Property in America 34 Indiana Law Review 1291 (2001) God created this Indian country and it was like He spread out a big blanket. He put the Indians on it. They were created here in this country, truly and honestly, and that was the time this river started to run. Then God created fish in this river and put deer in these mountains and made laws through which has come the increase of fish and game.... 2001
Allison M. Dussias Let No Native American Child Be Left Behind: Re-envisioning Native American Education for the Twenty-first Century 43 Arizona Law Review 819 (WINTER, 2001) The work of the government directed toward the education and advancement of the Indian...is largely ineffective.... [T]he government has not appropriated enough funds to permit the Indian Service to employ an adequate personnel properly qualified for the task before it. -- Meriam Report, 1928 [O]ur national policies for educating American Indians... 2001
John R. Wunder Merciless Indian Savages and the Declaration of Independence: Native Americans Translate the Ecunnaunuxulgee Document 25 American Indian Law Review 65 (2000-2001) Thomas Jefferson, by all accounts a man of the Enlightenment, did not take kindly to American Indians. His hostilities are legion and complex. Originator of the United States government's ethnic cleansing policies of the early nineteenth century termed Indian Removal and enthusiast and sponsor for the Lewis and Clark Expedition that among its... 2001
Steven T. Mcfarland Missionaries and Indigenous Evangelists: the Right to Bear Witness in International Law 31 Cumberland Law Review 599 (2000-2001) Thank you, ladies and gentlemen, Dean Floyd, faculty, Wyatt Haskell, students, and friends of Cumberland School of Law. It is indeed an honor to explore a vital topic with authorities like Professors Witte, Ali Khan, and Smolin. It is also a pleasure to come to Birmingham, particularly Cumberland. Professor Tom Berg has authored (pro bono) some of... 2001
L. Scott Gould MIXING BODIES AND BELIEFS: THE PREDICAMENT OF TRIBES 101 Columbia Law Review 702 (May, 2001) This Article considers a dilemma faced by tribes in a post-inherent sovereignty world. Tribes have increasingly come to be defined through the use of blood quanta as racial entities. This practice raises the legal question whether and to what extent Congress can confer benefits on tribes pursuant to the Indian Commerce Clause without violating the... 2001
Robert J. Miller Native American Cultural and Religious Freedoms. Edited by John R. Wunder. New York and London: Garland Publishing, Inc. 1999. Pp. Viii, 378. Textbook. $28.95. Isbn: 0-815-33630-6. 16 Journal of Law and Religion 739 (2001) The editor of this compilation of law review article reprints, published from 1975-1993, vividly states the premise of the collection: the demand that Native Americans be granted the same right to practice their religions and cultures as other Americans enjoy. The troubling reality is that such is not the case: The First Amendment to the... 2001
Bryan Nickels Native American Free Passage Rights under the 1794 Jay Treaty: Survival under United States Statutory Law and Canadian Common Law 24 Boston College International and Comparative Law Review 313 (Spring, 2001) Since 1794, Native American groups in both the United States (U.S.) and Canada have enjoyed the right of free passage across the U.S.-Canadian border per the provisions of the Jay Treaty. However, development and recognition of this right have taken decidedly different courses: while the U.S. has treated the right very liberally under... 2001
  Native American Resources 2001 ABA Environment, Energy, and Resources Law: The Year in Review 95 (2001) Congress recently passed the Brownfield's Revitalization and Environmental Restoration Act of 2001, which amends the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Title II provides grants to Indian tribes and to Alaska Native corporations to inventory and to assess Brownfield sites, and to remediate tribally-owned... 2001
Gavin Clarkson Not Because They Are Brown, but Because of Ea : Rice V. Cayetano, 528 U.s. 495 (2000) 24 Harvard Journal of Law & Public Policy 921 (Summer, 2001) I. L2-3,T3Introduction 921 II. L2-3,T3Contextual Perspective on Relevant History 923 A. L2-3,T3Pre-contact 924 B. L2-3,T3Treaty Making and Removal (1789-1871) 925 C. L2-3,T3Allotment and Assimilation (1871-1928) 929 D. L2-3,T3The Period of Indian Reorganization (1928-1945) 934 E. L2-3,T3The Termination Period (1945-1961) 936 F. L2-3,T3The Era of... 2001
Edward D. Gehres III Note: Visions of the Ghost Dance: Native American Empowerment and the Neo-colonial Impulse 17 Journal of Law & Politics 135 (Winter 2001) The whole world is coming, A nation is coming, a nation is coming. The Eagle has brought a message to the tribe. The father says so, the father says so. Over the whole earth they are coming, The buffalo are coming, the buffalo are coming. Ghost Dance Song, circa 1890 In the midst of a time of great suffering following their confinement to... 2001
John Karl Gross Nuclear Native America: Nuclear Waste and Liability on the Skull Valley Goshute Reservation 7 Boston University Journal of Science and Technology Law 140 (Winter 2001) I. Introduction. 140 II. The History and Regulation of Atomic Energy. 143 III. The Problem of Nuclear Waste. 145 A. Nuclear Power and Nuclear Waste. 145 B. The Nuclear Waste Policy Act of 1982. 147 IV. The Skull Valley Goshutes and Private Fuel Storage. 150 V. Applicability of the Price-Anderson Act to Private Fuel Storage's ISFSI. 153 VI.... 2001
William J. Hapiuk, Jr. Of Kitsch and Kachinas: a Critical Analysis of the Indian Arts and Crafts Act of 1990 53 Stanford Law Review 1009 (April, 2001) In 1990 Congress enacted the Indian Arts and Crafts Act (IACA) to stem the proliferation of imitation Native American arts and crafts. The IACA was intended to protect American Indian culture by making it a federal felony to falsely suggest that handcrafted goods are Indian when in fact they are not. The IACA provides for stiff criminal... 2001
  Official Insignia, Culture and Native Americans: an Analysis of Whether Current United States Trademark Law Should Be Changed to Prevent the Registration of Official Tribal Insignia. By Alexis A. Lury. 1 Journal of Intellectual Property 5-14, Spring, 2000 91 The Trademark Reporter 922 (July-August, 2001) This student article proposes amending the Lanham Act to prohibit trademark registration of official Native American tribal insignia. Section 302 of the Trademark Law Treaty Implementation Act of 1998 required the United States Patent and Trademark Office (USPTO) to study the issues surrounding the protection of official insignia of federally and... 2001
Miller, J. Original Decision of U.s. V. Kagama 118 U.s. 375 Filed May 10, 1886 10-SPG Kansas Journal of Law & Public Policy 411 (Spring, 2001) The case is brought here by certificate of division of opinion between the circuit judge and the district judge holding the circuit court of the United States for district of California. The questions certified arise on a demurrer to an indictment against two Indians for murder committed on the Indian reservation of Hoopa Valley, in the state of... 2001
Stanette Amy Patents and Taxes, and Poof! It's Gone 80-MAY Michigan Bar Journal 36 (May, 2001) Indians living in what is now northern Michigan before the Europeans came considered land to be a gift that was not owned, governed, or controlled. Though the European concept of property ownership was foreign to them, land patents were allotted to Indians in the treaties of 1836 and 1855. These lands, which at times were taxed at twice the... 2001
Sophie Sparrow Pierre Clastres, Chronicle of the Guayaki Indians 12 Risk: Health, Safety and Environment 339 (Fall, 2001) In his forward to Pierre Clastres' Chronicle of the Guayaki Indians, translator Paul Auster claims that it is nearly impossible not to love this book . [i]t is not some dry academic study of life among the savages' . [i]t is the true story of a man's experiences. Auster is right Clastres' account, and Auster's translation of it, is a... 2001
Prabha Kotiswaran Preparing for Civil Disobedience: Indian Sex Workers and the Law 21 Boston College Third World Law Journal 161 (Winter, 2001) This article deals with the reform of prostitution laws in India. It begins with an outline of the current legislative framework available in this regard and then critically evaluates the various alternatives to the framework that have been proposed through the 1990s by the Indian government, universities and research institutions, the... 2001
David B. Vogt, Esq. Protecting Indigenous Knowledge in Latin America 3 Oregon Review of International Law 12 (Spring, 2001) Show me a hero and I will write you a tragedy. - F. Scott Fitzgerald We feed, clothe and heal ourselves with plants and products derived from our planet's largess, yet earth is home to an unknown number of flora and animal species. While our knowledge of the properties of flora within Latin America's tropical rain forests is mostly incomplete,... 2001
Miriam Latorre Quinn Protection for Indigenous Knowledge: an International Law Analysis 14 Saint Thomas Law Review 287 (Winter, 2001) I. L2-3,T3Delimitation of the Problem 287 II. L2-3,T3Conflicting Claims 288 A. Indigenous Peoples' Claims. 288 B. Multinational Corporations: Pharmaceuticals. 295 C. Governmental Entities and National Organizations. 295 III. L2-3,T3Past Trends in Decisions 296 A. WTO: TRIPS and Article 27. 298 B. UN: Convention for Biological Diversity. 301 C.... 2001
Ken Murray, & Jon M., Sands, Assistant Federal, Public Defenders,, District of Arizona Race and Reservations: 2001 Federal Sentencing Reporter 34779375 (7/1/2001) The history of federal criminal jurisdiction over Indians is a continuing legacy. The federalization of Indian crime began two centuries ago. Federal criminal jurisdiction, which determines the application of assimilative law, procedure, and the federal death penalty, is generally controlling. The Indian tribes have no choice but to be governed by... 2001
Brett Anderson Recognizing Substance: Adoptees and Affiliates of Native American Tribes Claiming Free Exercise Rights 7 Washington and Lee Race and Ethnic Ancestry Law Journal 61 (Spring, 2001) It is not surprising to see widespread and far reaching governmental regulations due to the current regulatory welfare state that characterizes our federal government. More and more frequently the actions of the government directly affect, regulate, or otherwise modify diverse aspects of human affairs. Sometimes the regulations are beneficial and... 2001
Brett Anderson RECOGNIZING SUBSTANCE: ADOPTEES AND AFFILIATES OF NATIVE AMERICAN TRIBES CLAIMING FREE EXERCISE RIGHTS 7 Washington and Lee Race and Ethnic Ancestry Law Journal 61 (Spring, 2001) It is not surprising to see widespread and far reaching governmental regulations due to the current regulatory welfare state that characterizes our federal government. More and more frequently the actions of the government directly affect, regulate, or otherwise modify diverse aspects of human affairs. Sometimes the regulations are beneficial and... 2001
Benedict Kingsbury Reconciling Five Competing Conceptual Structures of Indigenous Peoples' Claims in International and Comparative Law 34 New York University Journal of International Law & Politics 189 (Fall 2001) On what conceptual foundations do legal claims made by indigenous peoples rest? Uncertainty on this issue has had the benefit of encouraging the flowering of multiple approaches, but it also has done much to heighten national dissensus on questions involving indigenous peoples, and it has been a serious obstacle to negotiation in the United Nations... 2001
Kevin K. Washburn Recurring Problems in Indian Gaming 1 Wyoming Law Review 427 (2001) Indian gaming now exists in twenty-eight states at approximately 310 gaming facilities. Approximately 195 tribal governments, or a little more than one third of the 556 federally-recognized Indian tribes nationwide, operate Indian gaming facilities. Based on audits submitted by Indian tribes to the National Indian Gaming Commission, the Indian... 2001
Bryan H. Wildenthal Religion, Law, and the Land: Native Americans and the Judicial Interpretation of Sacred Land. Contributions in Legal Studies. By Brian Edward Brown. Westport, Conn. And London: Greenwood Press 1999. No.94. Pp. 199. $62.50. Isbn: 0-313-30972-8. 16 Journal of Law and Religion 743 (2001) Religious freedom claims by Native Americans (or American Indians) have not merely presented the most interesting and challenging cases to arise under the American constitutional law of religious freedom. They have, in modern times, actually dominated and driven the development of that most difficult area of constitutional doctrine. Sadly, the... 2001
Kevin Gover Remarks at the Ceremony Acknowledging the 175th Anniversary of the Establishment of the Bureau of Indian Affairs 25 American Indian Law Review 161 (2000-2001) In March of 1824, President James Monroe established the Office of Indian Affairs in the Department of War. Its mission was to conduct the nation's business with regard to Indian affairs. We have come together today to mark the first 175 years of the institution now known as the Bureau of Indian Affairs. It is appropriate that we do so in the first... 2001
Kenneth H. Bobroff Retelling Allotment: Indian Property Rights and the Myth of Common Ownership 54 Vanderbilt Law Review 1559 (May, 2001) The division of Native American reservations into individually owned parcels was an unquestionable disaster. Authorized by the General Allotment Act of 1887, allotment cost Indians two-thirds of their land and left much of the remainder effectively useless as it passed to successive generations of owners. The conventional understanding, shared by... 2001
Wallace Coffey, Rebecca Tsosie Rethinking the Tribal Sovereignty Doctrine: Cultural Sovereignty and the Collective Future of Indian Nations 12 Stanford Law and Policy Review 191 (Spring, 2001) Cultural sovereignty is the heart and soul that you have, and no one has jurisdiction over that but God. Wallace Coffey (Comanche) This article is the result of a dialogue between colleagues who live and work within a particular universe which Indian people know very well and non-Indians know very little: the cultural existence of an Indian nation... 2001
Kimberly A. Costello Rice V. Cayetano: Trouble in Paradise for Native Hawaiians Claiming Special Relationship Status 79 North Carolina Law Review 812 (March, 2001) The United States government has long claimed a special relationship with the once-sovereign peoples whose culture and autonomy were forever altered and in some cases destroyed by Western expansion. As distinguished from other minority groups, indigenous tribal Indians have a unique legal and political relationship with the federal government,... 2001
Annmarie M. Liermann Seeking Sovereignty: the Akaka Bill and the Case for the Inclusion of Hawaiians in Federal Native American Policy 41 Santa Clara Law Review 509 (2001) In January 1993, the United States took the extraordinary step of apologizing for its wrongdoing. Even more extraordinarily, the United States issued this apology to a native people. Public Law 103-150 (Apology Resolution) apologized to the Hawaiians who, prior to the illegal overthrow of their government with the help of the United States in... 2001
MILO COLTON Self-determination and the American Indian: a Case Study 4 Scholar: St. Mary's Law Review on Minority Issues SCHOLAR 1 (Fall 2001) I. Introduction. 1 II. Self-Determination as a Human Right. 4 A. The Concept of Peoplehood. 8 B. The States' Impact on Indigenous Human Rights. 10 III. Historical Background: The History of the Repression of the American Indian. 15 IV. Winnebago Self-Determination. 17 A. The People. 17 B. Public Law 280. 21 C. The Politics of the Retrocession... 2001
David B. Jordan Square Pegs and Round Holes: Domestic Intellectual Property Law and Native American Economic and Cultural Policy: Can it Fit? 25 American Indian Law Review 93 (2000-2001) We have now had 200 years of experience with the Age of Reason, and as reasonable people we ought to recognize that reason has its limitations. The time is ripe for developing a conceptual framework based on our fallibility. Where reason has failed, fallibility may yet succeed. - George Soros Native American tribes and artisans have become world... 2001
John P. LaVelle Strengthening Tribal Sovereignty Through Indian Participation in American Politics: a Reply to Professor Porter 10-SPG Kansas Journal of Law & Public Policy 533 (Spring, 2001) I hope that we have had enough fighting amongst ourselves. The occasion for this essay came about in a peculiar way. I missed the first day of fall 2000 classes at the University of South Dakota School of Law because my wife and I were attending the Democratic National Convention in Los Angeles. When I returned to my office at the law school, I... 2001
John P. LaVelle STRENGTHENING TRIBAL SOVEREIGNTY THROUGH INDIAN PARTICIPATION IN AMERICAN POLITICS: A REPLY TO PROFESSOR PORTER 10-SPG Kansas Journal of Law & Public Policy 533 (Spring, 2001) I hope that we have had enough fighting amongst ourselves. The occasion for this essay came about in a peculiar way. I missed the first day of fall 2000 classes at the University of South Dakota School of Law because my wife and I were attending the Democratic National Convention in Los Angeles. When I returned to my office at the law school, I... 2001
Jeffrey A. Dempsey Surfing for Wampum: Federal Regulation of Internet Gambling and Native American Sovereignty 25 American Indian Law Review 133 (2000-2001) With the recent explosion in the use of the Internet and computer technology, the federal government has been struggling to keep up. Some federal laws in place now were written years ago and do not seem to apply to the new areas opened by technology. It has been observed that: [m]ost state and federal anti-gambling statutes were written before the... 2001
  Taxation 2000-01 Preview of United States Supreme Court Cases 477 (8/2/2001) For Case Analysis: See ABA preview 272 (February 13, 2001) For tax purposes, should backpay awards be allocated (as they are for purposes of Social Security benefits eligibility) to the periods in which the wages should have been paid? No. The Court ruled that back wages are subject to FICA and FUTA taxes by reference to the year the wages were in... 2001
Robert Coulter Text of Remarks on Panel: "Indigenous Peoples, Environmental Torts and Cultural Genocide" 24 Hastings International and Comparative Law Review 485 (Spring 2001) We have heard a wonderful triad of presentations, and they are very encouraging. It gives me a good opportunity to move into the area that I want to discuss particularly and that is the Awas Tingni case. But before I do that, I should say that the Indian Law Resource Center that I head is an Indian organization that specializes in international law... 2001
Richard Herz Text of Remarks on Panel: "Indigenous Peoples, Environmental Torts and Cultural Genocide" 24 Hastings International and Comparative Law Review 503 (Spring 2001) In my comments on the panelists' excellent presentations, I would like to return to an issue mentioned in this morning's session on Litigating the Alien Tort Claims Act. The issue is whether the rights to be free from massive environmental degradation and cultural genocide that have just been described by the panelists are sufficiently... 2001
Le'a Malia Kanehe The Akaka Bill: the Native Hawaiians' Race for Federal Recognition 23 University of Hawaii Law Review 857 (Summer, 2001) A man of true honor protects the unwritten word which binds his conscience more scrupulously, if possible, than he does the bond a breach of which subjects him to legal liabilities . . . . On that ground [the United States] can not allow itself to refuse to redress an injury inflicted through an abuse of power by officers clothed with its authority... 2001
Howard J. Vogel The Clash of Stories at Chimney Rock: a Narrative Approach to Cultural Conflict over Native American Sacred Sites on Public Land 41 Santa Clara Law Review 757 (2001) Disputes arising from different views of moral understanding and the source of moral authority have been a prominent feature of political conflict in recent years in the United States. James Davison Hunter refers to this phenomenon as The Culture Wars. The stakes in these disputes ultimately involve a struggle for cultural domination that... 2001
Vis. Prof. Dr. Erica-Irene A. Daes The Concepts of Self-determination and Autonomy of Indigenous Peoples in the Draft United Nations Declaration on the Rights of Indigenous Peoples 14 Saint Thomas Law Review 259 (Winter, 2001) Susan J. Ferrell Keynote Address Honorable Professors, Esteemed Elders, Dear Students, Ladies and Gentlemen: At the outset, I would like to thank warmly Professor Wiessner for his very kind words and to state that I highly appreciate the excellent and important contribution he, in person and with the assistance of the St. Thomas University, is... 2001
Richard D. Agnew The Dormant Indian Commerce Clause: up in Smoke? 25 American Indian Law Review 353 (2000-2001) Probably the most important of these powers granted to Congress was the so-called Commerce Power which provided that Congress should have the power to regulate commerce with foreign nations, and the several states . . . . - Chief Justice William Rehnquist on the express grants of authority in the Constitution. In 1975 Justice William Rehnquist... 2001
Paul J. Magnarella The Evolving Right of Self-determination of Indigenous Peoples 14 Saint Thomas Law Review 425 (Winter, 2001) The destruction of indigenous societies represents a major threat to the contemporary world's rich inventory of cultures. Throughout the centuries, indigenous peoples have been forcibly removed from their lands, dispossessed of their natural resources, discriminated against or simply decimated. Most of the world's estimated 300 million indigenous... 2001
William E. Spruill The Fate of the Native Hawaiians: the Special Relationship Doctrine, the Problem of Strict Scrutiny, and Other Issues Raised by Rice V. Cayetano 35 University of Richmond Law Review 149 (March, 2001) Harold Freddy Rice is a Native Hawaiian in the sense that he was born in the Hawaiian Islands and can trace[ ] his ancestry to two members of the legislature of the Kingdom of Hawaii, prior to the Revolution of 1893. He is a taxpayer and a qualified elector of the United States, the State of Hawaii, and the County of Hawaii. When Rice applied... 2001
Philip M. Nichols The Fit Between Changes to the International Corruption Regime and Indigenous Perceptions of Corruption in Kazakhstan 22 University of Pennsylvania Journal of International Economic Law 863 (Winter 2001) 1. The Nature of Corruption. 867 1. 1.Corruption and Bribery. 867 1. 2.The Extent of Corruption and Bribery. 875 1. 3.General Objections to the Hypothesis that Corruption is Acceptable. 876 2. The Need for an Understanding of Indigenous Attitudes Toward Corruption. 882 2. 1.Corruption as a Structural Component That Must be Taken Into Account. 882... 2001
D. Michael McBride III The Genesis and Early Power of Winters--a Book Review of Indian Reserved Water Rights: the Winters Doctrine and its Social and Legal Context, 1880's to 1930's 36 Tulsa Law Journal 641 (Spring 2001) Cloth: $39.95 Volume 8 in the Legal History of North America Series 352 pages, 2 maps, 6x9, ISBN: 0-8061-3210-8 University of Oklahoma Press, 2000 Indian Reserved Water Rights is important reading for tribal members, tribal leaders, lawyers, judges, historians and scholars interested in water rights, federal Indian policy and the history of the... 2001
«
59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76
»