| Author | Title | Citation | Summary | Year |
| Robert N. Clinton |
THERE IS NO FEDERAL SUPREMACY CLAUSE FOR INDIAN TRIBES |
34 Arizona State Law Journal 113 (Spring, 2002) |
They say we have been here before and made an alliance. The Dutch, indeed, say we are brothers and are joined together with chains, but that lasts only as long as we have beavers. After that we are no longer thought of, but much will depend upon it when we shall need each other. [They thereupon gave two beavers.] They say, the alliance which was... |
2002 |
| John H. Mansfield |
Thirty-five Years under the Indian Constitution |
5 Green Bag 311 (Spring 2002) |
IN 1966, SIXTEEN YEARS after the Indian Constitution came into force, Granville Austin published The Indian Constitution: Cornerstone of a Nation. This book was a study of the work of the Constituent Assembly and of early experiences under the Constitution in independent India. Because of the care with which the author did his research and the... |
2002 |
| David Matheson |
Tribal Sovereignty: Preserving Our Way of Life |
34 Arizona State Law Journal 15 (Spring, 2002) |
Thank you everybody. It's good to be here. When I was looking at the speakers' panel that I was going to be on, I couldn't help but notice that it was all attorneys. I started trying to think of what I was going to talk about, trying to predict what the others were going to talk about, and that's why I thought I'd talk more on the cultural side.... |
2002 |
| Robert B. Porter - Odawi |
Two Kinds of Indians, Two Kinds of Indian Nation Sovereignty: a Surreply to Professor Lavelle |
11 Kansas Journal of Law & Public Policy 629 (Spring, 2002) |
If you can free your mind, the body will follow. - Morpheus I. INTRODUCTION John LaVelle, my colleague at the University of South Dakota, graciously took up the task of commenting on my article arguing against the increasing practice of American Indians to self-identify as, and to exercise the political rights of, American citizens. Professor... |
2002 |
| Jeffrey C. Honaker |
United States V. Cleveland Indians: Fica and Futa Taxes V. the Social Security Act - Why Have Different Definitions for Identical Language? |
17 Akron Tax Journal 99 (2002) |
The nation should have a tax system that looks like someone designed it on purpose. William Simon The Cleveland Indians were set to face off against the Internal Revenue Service in the 2001 World Series of Taxation. This meeting would not be their first. The parties battled in both 1999 and 2000 where the Indians, almost effortlessly, disposed of... |
2002 |
| Fergus MacKay |
Universal Rights or a Universe unto Itself? Indigenous Peoples' Human Rights and the World Bank's Draft Operational Policy 4.10 on Indigenous Peoples |
17 American University International Law Review 527 (2002) |
INTRODUCTION. 528 A. The World Bank and Human Rights: International Concern. 529 B. Rights-Based Approach to Development. 533 C. International Attention to Indigenous Peoples' Human Rights. 535 I. DEVELOPMENT AND HUMAN RIGHTS: THE ROLE AND ATTITUDE OF THE WORLD BANK. 539 II. DOES THE BANK HAVE A LEGAL OBLIGATION TO RESPECT HUMAN RIGHTS?. 542 A. The... |
2002 |
| Joshua Briones |
We Want to Believe Too: the Irfa and Indigenous Peoples' Right to Freedom of Religion |
8 U.C. Davis Journal of International Law and Policy 345 (Spring 2002) |
I. The IRFA of 1998. 347 A. The IRFA's Functions. 347 B. The President's Powers Under the IRFA. 348 II. The Case of the U'wa People. 349 A. The U'wa People. 349 B. Indifference to the U'wa People's Religious Beliefs. 350 C. U.S. Foreign Policy Toward the U'wa People. 352 III. First Amendment Jurisprudence. 352 A. The Smith Decision. 352 B. The... |
2002 |
| Nicholas K. Rohner , Raj Mehta |
Winner, Best Appellate Brief in the 2001 Native American Law Student Association Moot Court Competition |
26 American Indian Law Review 287 (2001-2002) |
I. Whether the ESA applies to the CTCR's exercise of its treaty-reserved fishing rights when there is no clear evidence on the face of the Act, in the Act's legislative history, or in the surrounding circumstances that indicates Congress intended for the ESA to abrogate Indian treaty rights. II. Whether the NMFS should be required to first impose... |
2002 |
| Frank Shockey |
"INVIDIOUS" AMERICAN INDIAN TRIBAL SOVEREIGNTY: MORTON V. MANCARI CONTRA ADARAND CONSTRUCTORS, INC., V. PENA, RICE V. CAYETANO, AND OTHER RECENT CASES |
25 American Indian Law Review 275 (2000-2001) |
To import generic equal protection theories . . . into federal Indian law constitutes an error of significant magnitude, for it confuses a puzzling, conceptually intractable, and little-understood corner of public law with its mainstream. Professor Philip Frickey, among other commentators, has expressed concern about the continuing viability of... |
2001 |
| Lucy A. Curry |
A CLOSER LOOK AT SANTA CLARA PUEBLO V. MARTINEZ: MEMBERSHIP BY SEX, BY RACE, AND BY TRIBAL TRADITION |
16 Wisconsin Women's Law Journal 161 (Fall 2001) |
Feminist legal theory has embraced federal Indian law as lending greater understanding to the legacy of white patriarchy in the United States. Of the U.S. Supreme Court Indian law jurisprudence since 1823, Santa Clara Pueblo v. Martinez is one of the most discussed cases in the feminist discourse. Feminists have largely analyzed it as modern,... |
2001 |
| Christopher Parker |
A Constitutional Examination of the Federal Exemptions for Native American Religious Peyote Use |
16 BYU Journal of Public Law 89 (2001) |
In enacting the American Indian Religious Freedom Amendments Act of 1991 (AIRFAA or the Act), Congress sought to preserve the sacramental use of peyote by traditional Native American religious practitioners by exempting members of federally recognized Indian tribes from state and federal provisions prohibiting peyote possession and use. The... |
2001 |
| Robyn L. Robinson |
A Discussion of the Application of Fica and Futa to Indian Tribes' On-reservation Activities |
25 American Indian Law Review 37 (2000-2001) |
The question of whether federal employment taxes extend to Indian tribes' on-reservation activities is unsettled. Both proponents and opponents of the application can point to numerous factors to support or oppose the argument that federal employment taxes extend to Indian tribes' on-reservation activities. In this unsettled area, it is appropriate... |
2001 |
| John Celichowski |
A Rough and Narrow Path: Preserving Native American Religious Liberty in the Smith Era |
25 American Indian Law Review Rev. 1 (2000-2001) |
To the casual observer, peyote is unremarkable even as a plant. A species of small, spineless cactus found in a limited growth area, principally in present-day Mexico and the State of Texas, it would not appear to have the power to inspire a conversation over coffee, much less a constitutional debate. Similarly, the billions of grapes that fill... |
2001 |
| David N. Fagan |
Achieving Restitution: the Potential Unjust Enrichment Claims of Indigenous Peoples Against Multinational Corporations |
76 New York University Law Review 626 (May, 2001) |
In the rush to exploit untouched resources in remote regions of developing nations, multinational corporations and their local government partners often trample on indigenous land and culture, at times committing atrocities against the indigenous peoples. In this Note, David Fagan examines the use of unjust enrichment as a theory of recovery for... |
2001 |
| Robert T. Anderson |
Alaska Natives and American Laws Second Edition by David S. Case & David Avraham Voluck |
18 Alaska Law Review 317 (December, 2001) |
Alaska Natives and American Laws, Second Edition. By David S. Case & David Avraham Voluck. Fairbanks, AK: University of Alaska Press. Expected date of publication: Spring 2002. Available in hardback and paper; price not indicated. Approximately 560 pp., with bibliography, index, and illustrations. Alaska is home to 226 federally recognized Native... |
2001 |
| Victoria Sutton |
American Indian Law--elucidating Constitutional Law |
37 Tulsa Law Review 539 (Winter 2001) |
The incorporation of American Indian law into the study of Constitutional Law accomplishes a number of pedagogical goals as well as understanding questions concerning American Indian law that naturally evolve in the study. This broadened understanding of the United States Constitution helps to explain the complex subject of opinion writing and the... |
2001 |
| John Rockwell Snowden , Wayne Tyndall , David Smith |
American Indian Sovereignty and Naturalization: It's a Race Thing |
80 Nebraska Law Review 171 (2001) |
I. A Sketch of Naturalization in the United States. 176 A. The Historical Background of Naturalization in the United States. 176 1. English Roots: The Theory of Natural Allegiance. 176 2. The Colonial Experience: The Theory of Volitional Allegiance Emerges. 179 3. Defining the Qualifications for Naturalization After Independence. 181 B. Current... |
2001 |
| Laura D. Windsor |
Amoco Production Company V. Southern Ute Indian Tribe: a Final Resolution to the Battle over Ownership of Coalbed Methane Gas? |
17 Georgia State University Law Review 893 (Spring, 2001) |
The United States' demand for natural gas, an energy source that is critical for power generation and heating, is expected to increase sixty-two percent by the year 2020. Energy analysts question whether current supplies of traditional natural gas will be able to meet this demand. Given this high demand and the potential for limited supply,... |
2001 |
| George H. Cortelyou |
An Attempted Revolution in Native American Housing: the Native American Housing Assistance and Self-determination Act |
25 Seton Hall Legislative Journal 429 (2001) |
I. INTRODUCTION. 429 II. RESERVATION ECONOMIES AND THE NEED FOR AFFORDABLE HOUSING. 432 III. BACKGROUND AND LEGAL CONCEPTS. 435 IV. THE INGREDIENTS OF A SUCCESSFUL HOUSING PROGRAM. 442 V. NAHASDA AND HOW IT WORKS. 446 A. The Statutory Provisions. 446 B. NAHASDA's Success. 452 VI. THE IMPLEMENTATION OF NAHASDA SHOWS ITS SHORTCOMINGS. 455 A. An... |
2001 |
| Elizabeth Roat |
Analyzing Conflicts Between Indian Treaty Rights and Federal Conservation Regulations: Are State Regulation Standards Appropriate? |
84 Marquette Law Review 701 (Spring 2001) |
In July 1998, officials of the United States Department of Agriculture's Forest Service cited David J. Gotchnik for using a motorized vehicle in a no motor area of the Boundary Waters Canoe Area Wilderness (BWCAW) in the Superior National Forest in Minnesota. Gotchnik was traveling across Basswood Lake in northern Minnesota in a canoe powered by... |
2001 |
| Julie Thompson |
Application of the National Labor Relations Act to Indian Tribes: Preserving Indian Self-government and Economic Security |
27 University of Dayton Law Review 189 (Fall, 2001) |
Page I. L2-5,T5Introduction 190 II. L2-5,T5Background 192 A. L3-5,T5The National Labor Relations Act and a Tribal Right-To-Work Ordinance 193 B. L3-5,T5The General Law of Federal Preemption 195 C. L3-5,T5Tribal Sovereignty and the Federal Tribal Relationship 196 III. L2-5,T5Analysis 197 A. L3-5,T5The NLRA Does Not Expressly Preempt a Tribal... |
2001 |
| Jeffrey D. Martino |
At the Edge of the State: Indigenous Peoples and Self-determination. By Maivan Clech Lam. Ardsley Ny: Transnational Publishers, 2000. |
4 New York City Law Review 103 (Fall 2001) |
At the Edge of the State is an erudite and practical work. In her book, Maivân Clech Lâm poses two questions: will indigenous peoples create and enforce an international legal instrument around their interests and will that instrument be binding on all states. Lâm answers affirmatively to the first and conditions the second on a case by case... |
2001 |
| Gary D. Meyers , Sally Raine |
Australian Aboriginal Land Rights in Transition (Part Ii): the Legislative Response to the High Court's Native Title Decisions in Mabo V. Queensland and Wik V. Queensland |
9 Tulsa Journal of Comparative & International Law 95 (Fall 2001) |
This article is the second of a series of two articles which review and assess the development of indigenous land rights law in Australia over the last decade. Part I reviewed and critiqued the Australian High Court's historic judgment in Mabo v. Queensland, acknowledging the reception into Australian common law of the Native Title Doctrine. The... |
2001 |
| Laurie Anne Whitt , Mere Roberts , Waerete Norman , Vicki Grieves |
Belonging to Land: Indigenous Knowledge Systems and the Natural World |
26 Oklahoma City University Law Review 701 (Summer 2001) |
Some years ago, the Cherokee mounted fierce resistance to the construction of the Tellico Dam and the subsequent flooding of the Little Tennessee Valley. Many of their objections were based on the threat that it posed to their cultural heritage. Ammoneta Sequoyah, a medicine man who gathered healing plants in the Valley several times a year,... |
2001 |
| David H. Getches |
Beyond Indian Law: the Rehnquist Court's Pursuit of States' Rights, Color-blind Justice and Mainstream Values |
86 Minnesota Law Review 267 (December, 2001) |
The Supreme Court has made radical departures from the established principles of Indian law. The Court ignores precedent, construing statutes, treaties, and the Constitution liberally to reach results that comport with a majority of the Justices' attitudes about federalism, minority rights, and protection of mainstream values. In the process,... |
2001 |
| Faith Smith |
Building Native American Representation in the Law: the Need for Affirmative Action |
12 Berkeley La Raza Law Journal 397 (2001) |
I am the President of NAES (Native American Educational Services) College, the only private Native-controlled college in the country, and a consultant to the Kellogg Foundation on its Native American Higher Educational Initiative. I have engaged in work relating to Native American education and community development throughout my career. My... |
2001 |
| Wendy Nelson Espeland |
Bureaucrats and Indians in a Contemporary Colonial Encounter |
26 Law and Social Inquiry 403 (Spring 2001) |
. . . to become conscious of the relativity (hence of the arbitrariness) of any feature of culture is already to shift it a little. . . . [History] is nothing other than a series of such imperceptible shifts. -- Tzvetan Todorov 1982, 254 When we discover that there are several cultures instead of just one . . . and when we acknowledge the end of a... |
2001 |
| by Vicki J. Limas |
C & L Enterprises, Inc. |
2000-01 Preview of United States Supreme Court Cases 337 (3/13/2001) |
Under federal law, Indian tribes, as sovereign governments, cannot be sued unless they have consented to suit or the federal government has consented for them; any consent to be sued--i.e., any waiver of sovereign immunity--must be clear and unequivocally expressed. In this case, officials of an Indian tribe signed a construction contract... |
2001 |
| |
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 |