AuthorTitleCitationSummaryYear
  Final Written Arguments of the Inter-american Commission on Human Rights Before the Inter-american Court of Human Rights in the Case of the Mayagna (Sumo) Indigenous Community of Awas Tigni Against the Republic of Nicaragua (Unofficial Translation) 19 Arizona Journal of International & Comparative Law 325 (Spring, 2002) I. L2-4INTRODUCTION 327 II. L2-4PROVEN FACTS 328 A. L3-4The existence and historical continuity of the Awas Tingni Community 328 B. L3-4The Community's traditional land and natural resource tenure 331 C. L3-4The repeated fruitless efforts of the Community to obtain demarcation of and title to property 336 D. L3-4The granting of the concession to... 2002
Barbara Ann Atwood Flashpoints under the Indian Child Welfare Act: Toward a New Understanding of State Court Resistance 51 Emory Law Journal 587 (Spring 2002) The Indian Child Welfare Act (ICWA or the Act), a unique statute in the American legal landscape, was an effort by Congress to reverse the wholesale separation of Indian children from their families and to restore tribal authority over the welfare of Indian children. By some accounts the Act has been the victim of entrenched state court... 2002
K. Alexa Koenig Gambling on Proposition 1a: the California Indian Self-reliance Amendment 36 University of San Francisco Law Review 1033 (Summer 2002) We can't go back. The bridge is gone. -- Strong Eyes THE JOURNEY BACK towards tribal self-sufficiency has been long and hard: For nearly two centuries, California Native American tribes have been forced off their lands, enslaved, and even systematically murdered. Their children have been taken from them, and their tribal cultures devastated. Even... 2002
William H. Rodgers, Jr. Growth and Form: Indian Tribes, Terrorism, and the Durability of Environmental Law 26 Vermont Law Review 865 (Summer, 2002) It is an honor to deliver the Sterry R. Waterman Lecture at the Vermont Law School. I had the privilege of meeting Judge Waterman many years ago when I was a law clerk to the Honorable Frederick Van Pelt Bryan, Southern District of New York. Sterry Waterman was a buoyant, creative, and thoroughly wise man-the epitome of a judge we are pleased to... 2002
Tim Vollmann House of Delegates Passes Resolution on Federal Support for Indian Water Right Settlements 34 No.2 ABA Trends Trends 8 (November/December, 2002) A resolution urging Congress and the administration to give high priority to the negotiation and funding of Indian water right settlements passed the ABA House of Delegates on Aug. 12 during the 2002 ABA Annual Meeting in Washington. The recommendation originated last year with the Water Resources Committee of the Section of Environment, Energy,... 2002
  I Will Not Sit Idly by While My Future Is Determined: the Response of the University of Michigan Black Law Students' Alliance to Grutter V. Bollinger, et Al. 8 Michigan Journal of Gender & Law 101 (2002) Back in 1998, the Michigan Journal of Gender & Law expressed support for the University of Michigan Law School's defense of its affirmative action policy, which is at controversy in Grutter v. Bollinger. Today, as in 1998, [W]e certainly do not believe the Law School admissions policy truly addresses the inequalities within our law school and the... 2002
Stefan Matiation Impact Benefits Agreements Between Mining Companies and Aboriginal Communities in Canada: a Model for Natural Resource Developments Affecting Indigenous Groups in Latin America? 7 Great Plains Natural Resources Journal 204 (Fall 2002) I. Introduction. 204 II. Impact Benefit Agreements and Aboriginal Rights in Canada. 205 III. Indigenous Rights at International Law and Impact Benefit Agreements. 212 IV. Corporate Accountability: Indigenous Rights Leading the Pack. 228 V. Conclusion. 230 2002
Fred E. Breedlove Implementing the Resource Conservation and Recovery Act (Rcra) in Indian Country and Approaches for Amending Rcra to Better Serve Tribal Interests 26 Vermont Law Review 881 (Summer, 2002) The Chase Paper Competition, named for the late Jonathon B. Chase, third dean of Vermont Law School, was established in 1989 by the Vermont Law Review to recognize excellence in writing among members of the third year class at Vermont Law School. Each year, the Vermont Law Review selects one paper written by a member of the third year class to be... 2002
Dani Daugherty In Hogs We Trust--a Million Pigs in the Parlor: the Bureaucracy of the Bureau of Indian Affairs' Conflicting Trust Roles 7 Great Plains Natural Resources Journal 267 (Fall 2002) I. Introduction. 267 II. The Three Little Parties and the Big BIA Wolf: The Players in a Hog Farm Fairy Tale. 268 A. Party #1: Tribal Governments and The Rosebud Sioux Tribe. 268 B. Party #2: Sun Prairie and the Grassy Knoll. 270 C. Party #3: The Intervenors. 271 D. The Big BIA Wolf. 272 III. This Little Party Went to Federal Court, This Little... 2002
P.R.V. Raghavan Indian Budget 2002-2003 13 Journal of International Taxation 32 (November, 2002) The consolidation budget targets, among other areas, agriculture reform, investment in infrastructure, the financial sector, and industrial growth. The Indian Budget for 2002-2003, the third of the new millennium but the fifth of the National Democratic Alliance government, was presented by Union Finance Minister Yashwant Sinha on February 28,... 2002
Prv Raghavan Indian Budget Aims for a New Deal 13 Journal of International Taxation 38 (January, 2002) The growth budget increases and continues exemptions and tax holidays and reduces corporate and duty rates, but a recent explanation limiting treaty nondiscrimination clauses seems at odds with the law. The Indian budget for the year 2001-2002, the second of the new millennium but the fourth of the Bhartiya Janta Party (BJP)-led government, was... 2002
Gabe Galanda Indian Law Essentials 63-OCT Oregon State Bar Bulletin 29 (October, 2002) Over the past decade, the 42 federally recognized Indian tribes in Washington, Oregon and Idaho have become major players in the local, state and national economies. Northwest tribes are aggressively creating and operating new businesses in the areas of real estate development, banking and finance, media, telecommunications, wholesale and retail... 2002
Louis Fisher Indian Religious Freedom: to Litigate or Legislate? 26 American Indian Law Review Rev. 1 (2001-2002) For most of U.S. history, little was done at the national or state level to protect the religious practices of Indians. Initially they were to be civilized, assimilated, and acculturated into American society. Later stages led to exclusion of most Indians from the east coast, the creation of additional reservations, and termination of federal... 2002
Angela R. Riley Indian Remains, Human Rights: Reconsidering Entitlement under the Native American Graves Protection and Repatriation Act 34 Columbia Human Rights Law Review 49 (Fall 2002) Tribal representatives described a gruesome scene where pieces of caskets, the outlines of additional graves, and parts of human burials were exposed and lying on the surface of the drawdown zone. When the federal government undertook to build Fort Randall Dam in 1949, it was known that the Indian cemetery downstream would become the site of Lake... 2002
Peter Capossela Indian Reserved Water Rights in the Missouri River Basin 6 Great Plains Natural Resources Journal 131 (Spring/Summer 2002) I. Introduction. 132 II. Background--Indian Tribes of the Missouri River Basin. 133 A. Treaties with the Indian Nations. 133 B. Indian Tribes Along the Missouri River. 135 III. Indian Reserved Water Rights. 136 A. Winters v. United States. 136 B. Quantification of Indian Reserved Water Rights. 138 i. Cases Following Winters. 138 ii. Arizona v.... 2002
Michael Legg Indigenous Australians and International Law: Racial Discrimination, Genocide and Reparations 20 Berkeley Journal of International Law 387 (2002) There are aspects of our history of which we are right to be proud and others of which we should properly feel ashamed. Neither should be thought to wash away the other. Even more, we have something new to be ashamed of if we try to deny what else we have to be ashamed of. History once written by the victors is now being reconsidered from the... 2002
Ofelia Schutte Indigenous Issues and the Ethics of Dialogue in Latcrit Theory 54 Rutgers Law Review 1021 (Summer 2002) The Sixth LatCrit conference asks everyone to inquire critically into ways that shed light on and explain the North/South character of Latino/a transnationality. This panel looks at the construction of identity among indigenous activists in Latin America and its implications for critical theory and activism relevant to Latinas/os in the United... 2002
Lawrence Watters Indigenous Peoples and the Environment: Convergence from a Nordic Perspective 20 UCLA Journal of Environmental Law & Policy 237 (2001/2002) The central question here, as in all issues concerning indigenous rights, is who is in a position to control resources. It is question of land rights. Sami - Scandinavia To us Indians human rights is a matter of daily survival; it is the right to food, to firewood and to fresh water, but above all it is the right to our customs. Plains Cree -... 2002
  Indigenous Peoples and the Global Trade Regime 96 American Society of International Law Proceedings 279 (3/16/2002) by Russel Lawrence Barsh In May 2001, a coalition of three U.S. environmental organizations and some of Canada's most outspoken indigenous nations filed a petition with the U.S. Department of Commerce, alleging that Canada is subsidizing its forest products exporters by failing to protect aboriginal title to forests in northern Québec and British... 2002
  Interview with Congressman George Miller (D-calif.), Ranking Minority Member, House Education and Workforce Committee 7 Georgetown Public Policy Review 99 (Spring, 2002) The No Child Left Behind Act is designed to ensure that every classroom is headed by a qualified teacher and recommends funds be used for the recruitment, training, and support of qualified teachers. How do you envision that succeeding given the rigidity of the teacher pay structure? H.R. 1 permits both states and local school districts to use... 2002
Robert Moog Judicial Activism in the Cause of Judicial Independence: the Indian Supreme Court in the 1990s 85 Judicature 268 (May/June 2002) In democratic discourse it has become indispensable to cling to the rhetoric of judicial independence, regardless of the gap that may exist between the reality and the ideal. Having that autonomous third branch of government as a check on the more powerful political branches is seen as essential for the development of the rule of law, and,... 2002
Mark R. Scherer, University of Nebraska-Omaha Kenneth R. Philp, Termination Revisited: American Indians on the Trail to Self-determination, 1933-1953, Lincoln: University of Nebraska Press, 1999. Pp. Xv + 325. $50.00 (Isbn 0-8032-3723-5). 20 Law and History Review 206 (Spring, 2002) Over the past several decades, a nearly uniform historiography has emerged regarding the federal government's ill-fated termination policy toward Native Americans in the post-World War II era. The standard interpretation is that termination evolved into a misguided, avaricious, and culturally arrogant policy that ultimately wreaked havoc on those... 2002
Scott R. Rosner Legal Approaches to the Use of Native American Logos and Symbols in Sports 1 Virginia Sports and Entertainment Law Journal 258 (Spring, 2002) The controversy surrounding the use of Native American logos, symbols, and nicknames in interscholastic, intercollegiate, and professional sports is certainly nothing new. While the other commentators who have contributed articles to this Symposium edition have divergent views on the topic, this Article will set forth the various legal approaches... 2002
John A. Mills Legal Constructions of Cultural Identity in Latin America: an Argument Against Defining "Indigenous Peoples" 8 Texas Hispanic Journal of Law and Policy 49 (Spring 2002) I. Introduction. 51 II. A Background to Indigenous Rights. 52 A. Historical Development in Latin America. 52 B. International Organizations. 54 III. The Difficulty in Deciding Who Gets to be Indigenous . 56 A. The Argument in Favor of Definition. 56 B. Attempts at Definition. 58 C. Current Arguments Against Definition. 60 IV. Cultural Identities... 2002
Ian H. Hlawati Loko I'a: a Legal Guide to the Restoration of Native Hawaiian Fishponds Within the Western Paradigm 24 University of Hawaii Law Review 657 (Summer, 2002) Ancient Hawaiian fishponds change modern peoples' lives. Fishfarmers, preservationists, and chance visitors continue to attest to an inherent magnetism of fishponds. And yet, Hawai'i developers and property owners often curse the fishpond and its attendant burden on coastal development. Restorationists, likewise, have come to fulminate, not about... 2002
Berit Winge Mandatory Sentencing Laws and Their Effect on Australia's Indigenous Population 33 Columbia Human Rights Law Review 693 (Summer 2002) In Australia's Northern Territory, Kevin Cook, a twenty-nine year-old homeless Aboriginal man, stole an eight-dollar bath towel from a clothesline, intending to use the towel as a blanket. Drunk at the time of the incident, Cook eventually returned the towel to the owner. After being convicted of petty theft, Cook was sentenced to serve one year in... 2002
Deborah Schaaf , Julie Fishel Mary and Carrie Dann V. United States at the Inter-american Commission on Human Rights: Victory for Indian Land Rights and the Environment 16 Tulane Environmental Law Journal 175 (Winter 2002) I. Introduction. 175 II. Indigenous Rights and Environmental Protection. 177 III. The Ongoing Theft of Western Shoshone Lands by the United States. 178 IV. Inter-American Commission on Human Rights: Mary and Carrie Dann v. United States. 181 V. Conclusion. 186 2002
Carole Goldberg Members Only? Designing Citizenship Requirements for Indian Nations 50 University of Kansas Law Review 437 (April, 2002) Indian nations' constitutional reform efforts encounter some of their most paralyzing conflicts over criteria for membership. Three years ago, I initiated a Tribal Legal Development Clinic at UCLA, whose purpose has been to assist Indian nations in building their legal infrastructures. This Clinic has provided free consulting and drafting services... 2002
Connie Rogers Native American Consultation in Resource Development on Federal Lands 31-JAN Colorado Lawyer 113 (January, 2002) Natural resource companies must comply with myriad laws, regulations, and procedures regarding Native American interests on federal lands. This article discusses how complex cultural differences can make this compliance process time-consuming, frustrating and expensive for all involved. Mining companies and others developing natural resources on... 2002
Carrie F. Fletcher Native American Law 70 George Washington Law Review 452 (April, 2002) In Cobell v. Norton, the D.C. Circuit held that by failing to keep an accurate accounting of Individual Indian Money (IIM) trust accounts, for which the federal government serves as trustee through the Departments of the Interior and Treasury, the government breached its fiduciary duty to the beneficiaries of those accounts. The court recognized... 2002
Linda Burhansstipanov, Lynne T. Bemis, Mark Dignan Native American Recommendations for Genetic Research to Be Culturally Respectful 42 Jurimetrics Journal 149 (Winter, 2002) This article describes genetic research issues and recommendations identified by inter-tribal Native American groups in meetings with tribal leaders from 1995 through 1999. CITATION: Linda Burhansstipanov, Lynne T. Bemis, and Mark Dignan, Native American Recommendations for Genetic Research to Be Culturally Respectful, 42 Jurimetrics J.... 2002
D. Suagee, J. Walker, J. Bradley Native American Resources 2002 ABA Environment, Energy, and Resources Law: The Year in Review 80 (2002) Indian legislation enacted into law in 2002 included two acts broadly applicable to Indian tribes: Indian Financing Act Amendments of 2002 and Native American Housing Assistance and Self-Determination Act amendments. Certain more broadly applicable acts, including the Homeland Security Act of 2002, include provisions specific to Indian tribes. In... 2002
Melanie Reed Native American Sovereignty Meets a Bend in the Road: Difficulties in Nevada V. Hicks 2002 Brigham Young University Law Review 137 (2002) The path the Supreme Court has forged with regard to tribal sovereignty has meandered through a variety of landscapes with little predictability. The Court finally established a guiding light for determining tribal jurisdiction in the 1980s through the seminal case, Montana v. United States, but since that time has taken several turns in the road.... 2002
Kristine A. Brown Native American Team Names and Mascots: Disparaging and Insensitive or Just a Part of the Game? 9 Sports Lawyers Journal 115 (Spring, 2002) I. L2-3,T3Introduction 115 II. L2-3,T3The Prevalence of Native American Names and Symbols in the Professional Sports Arena 116 III. L2-3,T3Trademark Law: Protection or Frustration? 120 A. Lanham Act. 121 B. Disparaging Trademarks. 123 C. The Redskins Case. 125 D. Beyond Harjo. 127 IV. L2-3,T3Alternative Approaches to Protection and Economic... 2002
Shaunda A.K. Liu Native Hawaiian Homestead Water Reservation Rights: Providing Good Living Conditions for Native Hawaiian Homesteaders 25 University of Hawaii Law Review 85 (Winter, 2002) Mohala i ka wai ka maka o ka pua. This Hawaiian saying translated into English literally means unfolded by the water are the faces of the flowers. The saying is better understood as, flowers thrive where there is water, as thriving people are found where living conditions are good. Like flowers, people need water to flourish. Water is essential... 2002
Jesse Cook Navajo Nation V. United States: Determining When Native American Tribes Can Sue the United States Within a Trust Relationship 7 Great Plains Natural Resources Journal 233 (Fall 2002) I. Introduction. 233 II. Facts and Procedure. 234 A. Events. 234 B. The United States Court of Federal Claims. 235 C. United States Court of Appeals - Federal Circuit. 236 III. Background. 236 A. The Tucker Act and Indian Tucker Act. 236 B. The Indian Mineral Leasing Act. 237 C. The Mitchell Analysis. 238 IV. Analysis. 239 V. Conclusion. 243 2002
Amy Crafts Nevada V. Hicks and its Implication on American Indian Sovereignty 34 Connecticut Law Review 1249 (Summer, 2002) In Oliphant v. Suquamish Indian Tribe, we held that tribes have no inherent criminal jurisdiction over non-Indians in tribal court. In light of the nearly universal understanding dating from the origins of this country's dealings with the tribes that they do not possess criminal jurisdiction over non-Indians except as permitted by treaty, and in... 2002
Gavin Clarkson Not Because They Are Brown, but Because of Ea : Why the Good Guys Lost in Rice V. Cayetano, and Why They Didn't Have to Lose 7 Michigan Journal of Race and Law 317 (Spring 2002) Introduction. 317 I. Contextual Perspective on Relevant History. 319 A. Pre-Contact. 320 B. Treaty Making and Removal (1789-1871). 320 C. Allotment and Assimilation (1871-1928). 325 D. The Period of Indian Reorganization (1928-1945). 329 E. The Termination Period (1945-1961). 331 F. The Era of Self Determination (1961-present). 331 II. The Case of... 2002
Rebecca Tsosie , Speaker Panel Ii: Natural Resources, Economies & the Environment: Global Issues Facing Native Communities 7 Great Plains Natural Resources Journal 26 (Fall 2002) In my presentation today I would like to focus on domestic policy concerning public lands. Specifically, I would like to discuss the management of public lands under the concepts of the public trust and the trust to Indian nations. This, in turn, raises the issue of intercultural justice with respect to our decisions to use natural resources.... 2002
Edward Valandra , Speaker Panel Ii: Natural Resources, Economies & the Environment: Global Issues Facing Native Communities 7 Great Plains Natural Resources Journal 31 (Fall 2002) I want to address globalization. Symbolically speaking on the Rosebud Reservation, Highway 83 runs north and south from Mexico to Canada. That route is a trade corridor of the Native American Free Trade Agreement of (NAFTA) which runs right through the heart of my homelands. Every time we, the Sicangu Lakota, step outside, the highway is there to... 2002
Frank Pommersheim , Speaker Panel Ii: Natural Resources, Economies, and the Environment: Global Issues Facing Native Communities 7 Great Plains Natural Resources Journal 23 (Fall 2002) I shall briefly discuss four topics today. They include the concepts of natural resources, economy, globalization, and change. I want to do this by simply reviewing some vocabulary that appears in the Indian law, environmental, and economic development discourse. Tribes must determine what certain words mean for them before they can truly move... 2002
Mike Jandreau , Speaker Panel Iv: Lewis & Clark & the Indian Tribes: Retelling the Historical Encounter 7 Great Plains Natural Resources Journal 60 (Fall 2002) Ed Valandra told me to tell you that I'm probably the expert on Lewis and Clark because he thinks I shook hands with them, when they got here. When I was a young boy in school, in American History class, Lewis and Clark was spoken about as a heroic band of people who traveled into the wilderness to discover the savages, and deal with claiming this... 2002
Otis Half Moon , Speaker Panel Iv: Lewis and Clark and the Indian Tribes: Retelling the Historical Encounter 7 Great Plains Natural Resources Journal 49 (Fall 2002) I've been involved in this Lewis and Clark thing for quite awhile. First of all, I should be courteous here and explain some of the places I've been and where I've served for the National Park Service. I've worked at the Big Hole National Battlefield. I was the interpreter there for a number of years. That deals with the Nez Perce war of 1877. I... 2002
Wayne Evans , Speaker Panel Iv: Lewis and Clark and the Indian Tribes: Retelling the Historical Encounter 7 Great Plains Natural Resources Journal 55 (Fall 2002) I would like to say thank you to the students for asking me to be here. It is an honor to be here. I think they asked me to present because I had some feelings, beliefs, and attitudes about this whole thing. I got involved in the Lewis and Clark Corps of Discovery kind of by accident. There's group called the Friends of the Museum at the W.H. Over... 2002
Albert White Hat , Speaker Panel V: Revitalizing Economies, Preserving Cultures & Protecting the Environment: Striking the Balance in South Dakota & Indian Country 7 Great Plains Natural Resources Journal 62 (Fall 2002) Learning about history, spirituality, medicine men, visions and way of life, my grandfather was a chief in 1893. He went to Crow Agency to make peace with them. His message was, we are all fenced in now, and unless we work together we will all die. So I was very fortunate, I had connections back to the other century on oral history. Many of us that... 2002
Ike Schmidt , Speaker Panel V: Revitalizing Economies, Preserving Cultures & Protecting the Environment: Striking the Balance in South Dakota & Indian Country 7 Great Plains Natural Resources Journal 64 (Fall 2002) In the early 1970s, the Indian takeover of a building in D.C. had a real impact on the legislature, which came with the Indian Self-Determination and Education Assistance Act and opened the doors for tribes to contract much of the services that the federal government was administrating at the local level. Right now, when you look at our form of... 2002
Bob Gough , Speaker Panel V: Revitalizing Economies, Preserving Cultures & Protecting the Environment: Striking the Balance in South Dakota & Indian Country 7 Great Plains Natural Resources Journal 67 (Fall 2002) I serve as a consultant with the Rosebud Sioux Tribal Utility Commission and as secretary for the Intertribal Council On Utility Policy (COUP). Intertribal COUP is composed of federally recognized Indian Tribes and looks at energy and utility policy issues on its member reservations in North and South Dakota and among affiliates throughout the... 2002
Malcolm B. Bowekaty Perspectives on Research in American Indian Communities 42 Jurimetrics Journal 145 (Winter, 2002) This article discusses research-oriented responsibilities of the Zuni governor and tribal council to the Zuni people. To reduce potential negative effects and to enhance the lifestyle of the Zuni, these bodies screen and review research in an effort to ascertain compliance with tribal law, to be culturally respectful, and to determine... 2002
Professor S. James Anaya, The University of Arizona, James E. Rogers College of Law, 1201 E. Speedway Blvd., Tucson, Arizona 85721, United States of America, Tel.: (520)626-6341, Fax: (520)621-9140 Petition and Preliminary Declaration of the Mayagna Community of Awas Tingni on Reparations and Costs 19 Arizona Journal of International & Comparative Law 377 (Spring, 2002) 1. The Inter-American Commission on Human Rights (hereinafter the Commission or the Inter-American Commission) presented to the Inter-American Court of Human Rights (hereinafter the Court) a petition against the Republic of Nicaragua (hereinafter the State or the State of Nicaragua) relating to the case of the Mayagna (Sumo) Indigenous... 2002
Sarah H. Cleveland Powers Inherent in Sovereignty: Indians, Aliens, Territories, and the Nineteenth Century Origins of Plenary Power over Foreign Affairs 81 Texas Law Review Rev. 1 (November, 2002) I. Introduction. 3 II. Sovereignty and the Constitution. 15 A. Sovereignty. 15 B. The Constitution's Scope. 17 1. Enumerated Powers-Limited Government. 19 2. Social Contract-Membership. 20 3. Territoriality. 22 III. Inherent Power Over Indian Tribes. 25 A. Indians and Sovereignty under International Law. 28 B. The Doctrine of Discovery and The... 2002
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