AuthorTitleCitationSummaryYear
Alice Koskela The Indian Gaming and Self Reliance Initiative: Idaho Tribes Take Their Issue to the People 44-OCT Advocate 12 (October, 2001) After nearly ten years of legal and political wrangling, it appears that the controversy over Indian gaming in Idaho may be settled by the votersif a measure proposed by the Coeur d'Alene and Nez Perce Tribes is on the 2002 ballot. The Indian Gaming and Self Reliance Act, an initiative which would limit the expansion of tribal gaming in Idaho... 2001
Anna-Emily C. Gaupp The Indian Tribal Economic Development and Contracts Encouragement Act of 2000: Smoke Signals of a New Era in Federal Indian Policy? 33 Connecticut Law Review 667 (Winter, 2001) Today we again take up the long saga of this country's relationship with Indian country, drawing on a body of law more stable than the conflicting shifts in governmental policy on which it lies-but bearing scars of these shifts in its own ambiguities. Federal Indian policy has been distinctly striated over its two-century span. Changing economic... 2001
Martin Wagner The International Legal Rights of Indigenous Peoples Affected by Natural Resource Exploitation: a Brief Case Study 24 Hastings International and Comparative Law Review 491 (Spring 2001) In the northeastern corner of Colombia, on the slopes of the Andes mountains near the border of Venezuela, lies a region of cloud and rainforest inhabited by an indigenous people called the U'wa. For thousands of years, the U'wa have lived in harmony with their environment, moving regularly to minimize their impact on the land, letting fields go... 2001
Dimitra Doufekias Joannou The Irs Gets its Money When You Do: Fica and Futa Taxation in United States V. Cleveland Indians Baseball Co. 55 Tax Lawyer 319 (Fall, 2001) In United States v. Cleveland Indians Baseball Co., the Supreme Court resolved a split in the circuits regarding the proper allocation of back wages with respect to the payment of Federal Insurance Contribution Act (FICA) and Federal Unemployment Tax Act (FUTA) taxes. Allocation of back wages to either the year in which they were earned or the year... 2001
David Wilkins The Manipulation of Indigenous Status: the Federal Government as Shape-shifter 12 Stanford Law and Policy Review 223 (Spring, 2001) The federal-Indian relationship . is like no other in the world. Indian tribes are denominated domestic-dependent nations but their practical relationship with the United States resembles that of a ward to his guardian. Indian tribes appear to have the same political status as the independent states of San Marino, Monaco, and Liechtenstein, yet... 2001
NADIA NATASHA SEERATAN The Negative Impact of Intellectual Property Patent Rights on Developing Countries: an Examination of the Indian Pharmaceutical Industry 3 Scholar: St. Mary's Law Review on Minority Issues 339 (Spring 2001) I. Introduction. 341 II. On Intellectual Property Law. 350 A. What Is Intellectual Property?. 350 B. Diverging Views of Developed and Developing Nations Toward Intellectual Property Rights. 351 C. Intellectual Property Law Favors the Have Nations. 352 III. The Impact of Multilateral Agreements. 354 A. The Uruguay Round of the General Agreement on... 2001
S. James Anaya , Robert A. Williams, Jr. The Protection of Indigenous Peoples' Rights over Lands and Natural Resources under the Inter-american Human Rights System 14 Harvard Human Rights Journal 33 (Spring, 2001) One of the most notable features of the contemporary international human rights regime has been the recognition of indigenous peoples as special subjects of concern. A discrete body of international human rights law up-holding the collective rights of indigenous peoples has emerged and is rapidly developing. In 1948, the Organization of American... 2001
Rosemary J. Coombe The Recognition of Indigenous Peoples' and Community Traditional Knowledge in International Law 14 Saint Thomas Law Review 275 (Winter, 2001) Today I want to explore some of the international law-making efforts with respect to indigenous and traditional environmental knowledge. My work over the past three years has involved the study of the ongoing efforts underway to implement state obligations under the Convention on Biological Diversity (CBD), and the related efforts of the World... 2001
Traci L. McClellan The Role of International Law in Protecting the Traditional Knowledge and Plant Life of Indigenous Peoples 19 Wisconsin International Law Journal 249 (Spring, 2001) Indigenous Peoples come from the land and have been given our life through the land. We do not relate to the land we came from as property, we relate to the land as our mother .. Our role and responsibility is to protect our Mother Earth from destruction and abusive treatment .. In carrying out this responsibility since time immemorial, we have... 2001
Rebecca S. Lindner-Cornelius The Secretary of the Interior as Referee: the States, the Indian Nations, and How Gambling Led to the Illegality of the Secretary of the Interior's Regulations in 25 C.f.r. § 291 84 Marquette Law Review 685 (Spring 2001) Federal Indian law is one of the most complex and dynamic areas of law in the United States. It is a unique area of federal law that exists simultaneously at a time when many are demanding more rights for the states. This combination makes controversy inherent. Indian gaming was the catalyst that finally forced these three entities--the federal... 2001
Carey N. Vicenti The Social Structures of Legal Neocolonialism in Native America 10-SPG Kansas Journal of Law & Public Policy 513 (Spring, 2001) We rarely talk about social structures within the field of law. In the field we talk about rules and doctrines as if such things existed as tangible objects floating above us all, yet governing the directions of the courts, and thus, peoples' lives. Law merely is. In the latter part of the nineteenth century, lawyers, jurists and legal philosophers... 2001
  The State Bar's Highest Award Goes this Year to Judge James Browning 26-AUG Montana Lawyer Law. 7 (August, 2001) Senior Judge James R. Browning of the Ninth Circuit Court of Appeals, a Montana native who has served on that federal appellate court for 40 years, 12 of those years as chief judge, will be awarded the State Bar of Montana's highest award - the Jameson Award - at the Bar's Annual Meeting in Missoula in September. The Jameson Award will go to a man... 2001
O. Wes J. Layton The Thorny Gift: Analysis of Epa's Intent to Empower Indian Tribal Governments with Clean Air Act Regulatory Authority over Non-tribal Lands and Immunize Tribal Governments from Caa Citizen Suits 7 Environmental Lawyer 225 (February, 2001) The Environmental Protection Agency (EPA) has promulgated new regulations that provide Native American tribal governments with broad authority to implement the Clean Air Act (CAA). Although Congress clearly gave EPA the power to grant Indian tribes regulatory authority over tribal lands and tribal members, it is far from certain that Congress... 2001
Aaron L. Pawlitz The United States' Indispensability in Indian Land Claims: the Proper Application of Provident Tradesmens 45 Saint Louis University Law Journal 1349 (Fall 2001) Like the miner's canary, the Indian marks the shifts from fresh air to poison gas in our political atmosphere; and our treatment of Indians, even more than our treatment of other minorities, reflects the rise and fall in our democratic faith . . . . Indian tribes seeking to assert land claims in the United States face substantial hurdles. Many... 2001
Clyde Eastman, Associate Professor Emeritus, Department of Agricultural Economics & Agricultural Business, New Mexico State University The Western Range Revisited: Removing Livestock from Public Lands to Conserve Native Biodiversity 41 Natural Resources Journal 177 (Winter, 2001) The purpose for Donahue's book is clearly stated in the subtitle: to urge removal of livestock from public lands (receiving twelve inches or less of annual rainfall) to conserve native biodiversity. She argues that elimination of grazing is necessary for ecological rehabilitation of a seriously degraded resource, that it makes economic sense, and... 2001
Samuel Berman Tinoqui-chalola Council of Kitanemuk & Yowlumne Tejon Indians V. U.s. Dept. Of Energy: Congress May Implicitly Waive a Requirement of the Endangered Species Act 8 University of Baltimore Journal of Environmental Law 181 (Spring 2001) In Tinoqui-Chalola Council of Kitanemuk & Yowlumne Tejon Indians v. U.S. Dept. of Energy, the U.S. Court of Appeals for the Ninth Circuit held that a subsequent act of Congress may implicitly waive a requirement of the Endangered Species Act (ESA). The court also held that the completion of the sale did not moot an action to prevent the sale of... 2001
James D. Nason Traditional Property and Modern Laws: the Need for Native American Community Intellectual Property Rights Legislation 12 Stanford Law and Policy Review 255 (Spring, 2001) Legal issues regarding cultural property have become both more complex and more urgent in the last thirty years, especially in connection with the ancestral and contemporary cultural property of indigenous peoples. Cultural property in this context usually refers to prehistorical and historical objects that significantly represent a group's... 2001
Lesley M. Wexler TRIBAL COURT JURISDICTION IN DISSOLUTION-BASED CUSTODY PROCEEDINGS 2001 University of Chicago Legal Forum 613 (2001) With the rise of non-Indian populations on reservations and movement of families on and off reservations, courts must increasingly resolve jurisdictional disputes between states and tribes. Over 70 percent of American Indians marry outside of their tribes, to either members of another tribe or members of another race. As a result, more than 50... 2001
Wendy J. Johnson TRIBAL GAMING EXPANSION IN OREGON 37 Willamette Law Review 399 (Spring 2001) In just over a decade, tribal casino gambling has swept through the United States, providing economic wealth for more than 200 Indian tribes. In Oregon, the first tribal casino opened its doors in 1993, and six more casinos have since been established; these casinos continue to grow in size and popularity each year. Simultaneously, state-sponsored... 2001
Daniel J. Adam Tribal Telecom: Telecommunications Regulation in Indian Country 27 Journal of Legislation 153 (2001) Native American communities across the country suffer from considerable economic depression. Native American reservations are home to the highest unemployment and poverty rates in the nation. There is a tremendous need for creative economic development on tribal lands, but successful development in these regions must seek to balance the interests... 2001
  Um's Indian Law Team Places Third in National Competition 26-JUL Montana Lawyer 26 (June/July, 2001) A team of University of Montana law students recently placed third at a national moot court competition sponsored by the Native American Law Student Association. UM's Ryan Rusche and Mato Standing High competed against 49 other teams at the ninth annual NALSA competition, held March 2-4 in Portland, Ore. In the moot court competition, nearly 100... 2001
Bruce N. Edwards Understanding and Making the New Section 646 Election for Alaska Native Settlement Trusts 18 Alaska Law Review 217 (December, 2001) This Article examines The Economic Growth and Tax Relief Reconciliation Act of 2001 and the effect it may have on Alaska Native settlement trusts. The Article initially discusses the nature of Alaska Native settlement trusts and the key tax issues relating to the trusts that have arisen under present law. The Article next examines in depth the... 2001
Morihiro Ichikawa Understanding the Fishing Rights of the Ainu of Japan: Lessons Learned from American Indian Law, the Japanese Constitution, and International Law 12 Colorado Journal of International Environmental Law and Policy 245 (Summer 2001) In Japan, particularly on Hokkaido Island, the northern-most island in the Japanese archipelago, indigenous people called Ainu have lived since time immemorial, developing cultures distinct from those of mainland Japan. The ancestors of today's Ainu people made a living by fishing for salmon, hunting deer and bears, and gathering plant roots.... 2001
Sarah Krakoff Undoing Indian Law One Case at a Time: Judicial Minimalism and Tribal Sovereignty 50 American University Law Review 1177 (June, 2001) Introduction. 1178 I. Minimalism and the Core of the Court. 1182 II. Indian Law's Normative and Doctrinal Backdrop. 1190 A. Indian Law Origins. 1193 B. Supreme Court Cases in the Era of Self-Determination.. 1205 III. Minimalism, Lack-of-Interest Convergence, and the Current Court's Indian Law Cases. 1215 A. Strate v. A-1 Contractors: Minimalist... 2001
Sarah Krakoff UNDOING INDIAN LAW ONE CASE AT A TIME: JUDICIAL MINIMALISM AND TRIBAL SOVEREIGNTY 50 American University Law Review 1177 (June, 2001) Introduction. 1178 I. Minimalism and the Core of the Court. 1182 II. Indian Law's Normative and Doctrinal Backdrop. 1190 A. Indian Law Origins. 1193 B. Supreme Court Cases in the Era of Self-Determination.. 1205 III. Minimalism, Lack-of-Interest Convergence, and the Current Court's Indian Law Cases. 1215 A. Strate v. A-1 Contractors: Minimalist... 2001
by Michael J. Collins United States 2000-01 Preview of United States Supreme Court Cases 272 (2/13/2001) The application of FICA and FUTA tax to payments of back wages has long been unclear. The IRS has taken the position that awards of back wages are subject to FICA and FUTA tax in the year actually paid, while many taxpayers have claimed that FICA and FUTA are imposed in the years to which the awards of back pay relate. The Federal Insurance... 2001
Dee Garceau, Rhodes College Vine Deloria, Jr. and Raymond J. Demallie, Eds., Documents of American Indian Diplomacy: Treaties, Agreements and Conventions, 1775-1979. 2 Vols. Legal History of North America Series. Norman, Okl., University of Oklahoma Press, 1999. 1,536 Pp. $95.00 45 American Journal of Legal History 99 (January, 2001) Thoroughly researched and well crafted, this two-volume set reveals the complexity and range of American Indian diplomatic concerns. The documents provide a wealth of new information about Indian relations with the United States and its European predecessors that should prove invaluable to both legal and historical researchers. Chronologically, the... 2001
JON MICHAEL HAYNES What Is it about Saying We're Sorry? New Federal Legislation and the Forgotten Promises of the Treaty of Guadalupe Hidalgo 3 Scholar: St. Mary's Law Review on Minority Issues 231 (Spring 2001) I. Introduction. 232 II. Background of Events Leading to War with Mexico. 236 A. A Brief History of Land Grants in the Southwest. 236 B. Manifest Destiny. 238 C. Land in Texas. 240 III. International Law and Treaty Rights. 242 A. International Law. 242 B. Treaty Rights (The Treaty of Guadalupe Hidalgo as Non Self-Executing). 243 IV. The Treaty of... 2001
John Burgess When Indian Law and Tax Law Collide: How Pull-tab Games Got to the Supreme Court 49 Cleveland State Law Review 325 (2001) I. L2-5,T5Introduction 326 II. L2-5,T5The Background of Chickasaw Nation and Little Six 327 A. L3-5,T5What Are These Pull-Tab Games? 327 B. L3-5,T5The Statutes Involved 327 1. L4-5,T5Internal Revenue Code § 4401 327 2. L4-5,T5The Indian Gaming Regulatory Act 328 C. L3-5,T5The Cases at the Center of This Controversy 330 1. L4-5,T5The Basic Factual... 2001
Sheila D. Corbine, Wendy Helgemo When the Family Is Native American 23-SPG Family Advocate 45 (Spring, 2001) The federal government recognizes the inherent powers of Indian tribes stemming from a sovereign status that predates the U.S. Constitution. Indian tribes are political entities, not separate racial groups. Thus, tribal members are not part of a racial classification. In enacting the Indian Child Welfare Act, 25 U.S.C. § 1901 et seq., Congress... 2001
Mark D. Ohre When the Location Is Tribal 10-APR Business Law Today 55 (March/April, 2001) Doing a real estate deal involving Indian lands has always been kind of tricky. But it just got a little easier. With the recent wave of interest in private investment in Indian Country, the legal battleground over the Bureau of Indian Affair's (BIA) power to review and approve all tribal land-related transactions has also intensified. In the past,... 2001
Margo S. Brownell Who Is an Indian? Searching for an Answer to the Question at the Core of Federal Indian Law 34 University of Michigan Journal of Law Reform 275 (Fall & Winter 2000 & 2001) The definition of Indian is the measure of eligibility for a variety of benefits and programs provided to Indians under federal law. There is confusion, however, at the core of efforts to define Indian. This confusion raises many concerns about the role that government plays in defining Indian. This Note surveys the most common definitions of ... 2001
Russel Lawrence Barsh Who Steals Indigenous Knowledge? 95 American Society of International Law Proceedings 153 (April 4-7, 2001) The past decade has witnessed a breathtaking increase in demands and proposals for the protection of indigenous peoples' knowledge systems from commercial piracy, usually attributed to large Western pharmaceutical corporations. It is widely agreed that mainstream intellectual property tools such as patent, copyright, trademark, geographical... 2001
Judith M. Dworkin , A Small Tribute by a Grateful Practitioner William C. Canby, Jr.'s Unique Contributions to the Development of Federal Indian Law 33 Arizona State Law Journal 34 (Spring, 2001) The area of federal Indian law is one of the more arcane and intellectually challenging of American jurisprudence. Today, Indian law issues are receiving increased attention as a result of the nation's interest in Indian gaming activities. The history of federal Indian law has been heavily influenced by changing United States' governmental policies... 2001
Peter Blanck , Chen Song With Malice Toward None; with Charity Toward All: Civil War Pensions for Native and Foreign-born Union Army Veterans 11 Transnational Law & Contemporary Problems Probs. 1 (Spring, 2001) I. L2-4,T4Introduction 2 II. L2-4,T4Evolution of the Civil War Pension System 5 A. L3-4,T4Pension Scheme 5. B. L3-4,T4Foreign-Born and Native UA Veterans: Descriptive Findings 11. 1. Birthplace. 11 2. Residence at Enlistment. 16 3. Occupation at Enlistment. 19 4. Enlistment Trends and Age During the War. 31 5. Wealth and Nativity. 34 III.... 2001
Christine Zuni Cruz [On The] Road Back In: Community Lawyering in Indigenous Communities 24 American Indian Law Review 229 (2000) As a communications major in film and broadcasting, I took a film making course which required the production of a super 8mm film with an accompanying soundtrack. The film I produced was based on the lyrics, You're my lawyer, you're my doctor, yeah, but somehow you forgot about me, from the song by Gil Scott Heron and Brian Jackson. These lyrics... 2000
David E. Wilkins A CONSTITUTIONAL CONUNDRUM: THE RESILIENCE OF TRIBAL SOVEREIGNTY DURING AMERICAN NATIONALISM AND EXPANSION: 1810-1871 25 Oklahoma City University Law Review 87 (Spring-Summer 2000) Judge Michael Hawkins addresses a number of important issues in his essay on John Quincy Adams' evolving understanding and relationship with slavery and the variegated role that law played in the politics of slavery and the slavery of politics. The essay demonstrates the importance of human personality in influencing and being influenced by... 2000
Carole Goldberg A Law of Their Own: Native Challenges to American Law 25 Law and Social Inquiry 263 (Winter, 2000) john William Sayer. Ghost Dancing the Law: The Wounded Knee Trials. Cambridge: Harvard University Press, 1997. sidney L. Harring. Crow Dog's Case: American Indian Sovereignty, Tribal Law, and United States law in the Nineteenth Century. Cambridge, England: Cambridge University Press, 1994. robert A. Williams, Jr. Linking Arms Together: American... 2000
Christine M. Metteer A Law unto Itself: the Indian Child Welfare Act as Inapplicable and Inappropriate to the Transracial/race-matching Adoption Controversy 38 Brandeis Law Journal 47 (Fall 1999-2000) In the last twenty-five years a controversy has arisen between transracial and race-matching advocates over a child's best interests in placement and adoption decisions. As might be expected, advocates on both sides of the controversy have found it necessary to come to terms with the Indian Child Welfare Act (henceforth ICWA or the Act),... 2000
Stephanie Pho-Poe Kiger A Prescription to Cure What Ails Indian Elders 10-SPG Experience Experience 6 (Spring, 2000) As an increasing number of Americans reach retirement age, the need for specialized care extends to minority seniors, including American Indian elders. While vast improvements in health care have been made, steps must be taken to ensure that quality of life improves as life expectancies for Indians increase through improved health care.... 2000
Elizabeth Larson Beyer A Right or a Privilege: Constitutional Protection for Detained Deportable Aliens Refused Access or Return to Their Native Countries 35 Wake Forest Law Review 1029 (Winter 2000) For more than two years, Qui Ngoc Nguyen has been detained by the Immigration and Naturalization Service (INS) in county jails and detention centers in Denison, Corsicana, Dallas, and Fort Worth, Texas. His crime? He was convicted of burglary, convicted of theft for losing three rented videos, and arrested for failing to meet his parole officer... 2000
Anita Starchman Bryant Amoco Production Co. V. Southern Ute Indian Tribe 27 Ecology Law Quarterly 799 (2000) In accordance with the Indian Reorganization Act of 1934, the United States government granted land to Native American tribes. As a result, the Southern Ute Indian Tribe received title to land and the right to mine coal on privately owned territory. The United States gained this right pursuant to the Coal Lands Acts of 1909 and 1910 which enabled... 2000
David Wilkins An Inquiry into Indigenous Political Participation: Implications for Tribal Sovereignty 9-SUM Kansas Journal of Law & Public Policy 732 (Summer, 2000) When we set out to examine the various forms and patterns of indigenous political participation in the three polities they are connected to-tribal, state, and federal-we are stepping into a most complicated subject matter. It is complicated in large part because Indians are citizens of separate extra-constitutional nations whose members have only... 2000
David Wilkins AN INQUIRY INTO INDIGENOUS POLITICAL PARTICIPATION: IMPLICATIONS FOR TRIBAL SOVEREIGNTY 9-SUM Kansas Journal of Law & Public Policy 732 (Summer, 2000) When we set out to examine the various forms and patterns of indigenous political participation in the three polities they are connected to-tribal, state, and federal-we are stepping into a most complicated subject matter. It is complicated in large part because Indians are citizens of separate extra-constitutional nations whose members have only... 2000
Brad Asher, Louisville, Kentucky Anthony F.c. Wallace, Jefferson and the Indians: the Tragic Fate of the First Americans. Cambridge, Mass.: Harvard University Press, 1999. 394 Pp. $29.95 (Hardback). $18.95 (Paperback) 44 American Journal of Legal History 492 (October, 2000) Thomas Jefferson remains a subject of great interest, but his stock is down. The Sally Hemings controversy, the contradiction between Jefferson's slaveholding and his ringing affirmations of freedom, and now, in Anthony Wallace's book, his self-serving Indian policies cloaked behind intellectual and philosophical paeans to native dignity and honor... 2000
Patrick Cleveland Apposition of Recent U.s. Supreme Court Decisions Regarding Tribal Sovereignty and International Indigenous Rights Declarations 12 Pace International Law Review 397 (Fall 2000) I. Introduction. 397 II. Background. 400 A. The Legal Relationship between the United States and Native Americans. 400 B. Development of International Indigenous Rights. 408 III. Apposition of Recent U.S. Supreme Court Decisions on Tribal Sovereignty and Indigenous Rights Declarations. 413 IV. Conclusion. 423 2000
Richard B. Bilder, Milner S. Ball, University of Georgia School of Law At the Edge of the State: Indigenous Peoples and Self-determination. By Maivân Clech Lâm. Ardsley Ny: Transnational Publishers, 2000. Pp. Xxvi, 225. Index. $95. 94 American Journal of International Law 821 (October, 2000) At the Edge of the State is an important, welcome volume. It is devoted to the troublesome problem of indigenous peoples' relation to the states that encompass them. Maivân Clech Lâm's animating vision invests the subject with promise, and her sensible, nuanced analysis supplies it with clarity. The result is a book as conceptually helpful as it is... 2000
Donald D. Raymond, Jr. Balancing "Peculiarly Federal Interests" and Indian Sovereignty in Crimes by and Against Indians in Indian Country 78 Washington University Law Quarterly 347 (2000) As an indigenous people with their own cultures and systems of governance in a land discovered and settled by European nations, American Indian tribes have created unique problems for those governing the American continents from the earliest days of conquest to the present time. One of the major problem areas has always been the relationship... 2000
Kristin E. Behrendt Cancellation of the Washington Redskins' Federal Trademark Registrations: Should Sports Team Names, Mascots and Logos Contain Native American Symbolism? 10 Seton Hall Journal of Sport Law 389 (2000) I. Introduction. 389 II. Controversies of Native American Symbolism in Sports Team Names, Mascots and Logos. 392 A. Professional Sports Arena. 393 B. Nonprofessional Sports Arena. 395 III. Recent Court Order to Cancel Pro-Football's Washington Redskins' Federal Trademark Registration. 398 A. Native American Petitioners' Arguments and Evidence... 2000
Nancy Thorington Civil and Criminal Jurisdiction over Matters Arising in Indian Country: a Roadmap for Improving Interaction among Tribal, State and Federal Governments 31 McGeorge Law Review 973 (Summer, 2000) Although it is considered by many to be one of the greatest documents ever written in history, the United States Constitution failed to address one of the most obvious and important issues facing the newly formed government: the legal status of the various Indian tribes. Because of this oversight, tribal, state and federal governments have been... 2000
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