AuthorTitleCitationSummaryYear
Kaighn Smith, Jr. CIVIL RIGHTS AND TRIBAL EMPLOYMENT 47-APR Federal Lawyer 34 (March/April, 2000) the legal protection of civil rights is fundamental to American society. The Bill of Rights to the U.S. Constitution is a near-sacred document. The legal protection of tribal sovereignty is equally embedded in the law. Tribal sovereignty, however, is in tension with the application of American civil rights within tribal communities. As separate... 2000
Jennifer S. Byram Civil Rights on Reservations: the Indian Civil Rights Act and Tribal Sovereignty 25 Oklahoma City University Law Review 491 (Spring-Summer 2000) This Article explores the conflict between Tribal sovereignty and civil rights, in the context of sexual discrimination by Tribal governments. It reviews the arguments about whether civil rights guarantees should apply on reservations, and concludes that the Congressional provision of civil rights, in the Indian Civil Rights Act, should be... 2000
  Clarification on Use of Mauritius Holding Company for Indian Investments 11 Journal of International Taxation Tax'n 8 (August, 2000) The Central Board of Direct Taxes (CBDT), India's highest income tax authority, recently clarified in a circular that capital gains earned by Mauritius Foreign Institutional Investors (FIIs) and other Mauritius investors who have been issued a certificate of tax residence by the Mauritian authorities would be taxable only in Mauritius in accordance... 2000
Osvaldo Kreimer Collective Rights of Indigenous Peoples in the Inter-american Human Rights System, Organization of American States 94 American Society of International Law Proceedings 315 (April, 2000) For several decades, the Inter-American Commission on Human Rights (IACHR or the Commission), in the course of administering its mandate, has accepted the existence and validity of collective rights, generally and in the particular situation of indigenous peoples. The other principal organ of the Inter-American human rights system, the... 2000
Raidza Torres Wick Commentaries on Raidza Torres, the Rights of Indigenous Populations: the Emerging International Norm, 16 Yale J. Int'l L. 127 (1991) 25 Yale Journal of International Law 291 (Summer 2000) Born and raised in Puerto Rico, I grew up living an experiment in political autonomy. My first political memory was that of neighbors arguing over the status of the island and the meaning of self-determination. Years later, they are still arguing over the merits of statehood, commonwealth, and independence. Having spent my formative years in an... 2000
David M. Bigge , Amélie von Briesen Conflict in the Zimbabwean Courts: Women's Rights and Indigenous Self-determination in Magaya V. Magaya 13 Harvard Human Rights Journal 289 (Spring, 2000) In May of 1999, international human rights organizations focused their outrage on the Supreme Court of Zimbabwe's decision in Magaya v. Magaya, a case dealing with women's rights and inheritance law. These organizations decried the Court's decision, based in customary law, as equating the status of women within Zimbabwean society to that of teenage... 2000
S. Bobo Dean , Joseph H. Webster Contract Support Funding and the Federal Policy of Indian Tribal Self-determination 36 Tulsa Law Journal 349 (Winter 2000) The federal policy of Indian tribal self-determination is now 30 years old. It was initiated by President Richard Nixon in his Message on Indian Affairs to Congress in 1970 and implemented through the enactment of the Indian Self-Determination and Education Assistance Act (the ISDEAA), five years later. In many respects the policy has been... 2000
Everett Saucedo CURSE OF THE NEW BUFFALO: A CRITIQUE OF TRIBAL SOVEREIGNTY IN THE POST-IGRA WORLD 3 Scholar: St. Mary's Law Review on Minority Issues 71 (Fall 2000) People are afraid to oppose the tribal council because so many of them now work at the casino. . . the council members run the casino, and the council members sign their paychecks. Anyone who challenges them pays for it. - Marty Silvas, former Tigua I. Introduction. 72 II. The Tiguas. 76 III. The Current Crisis. 79 IV. Tribal Sovereignty. 84 V. The... 2000
Katherine C. Pearson Departing from the Routine: Application of Indian Tribal Law under the Federal Tort Claims Act 32 Arizona State Law Journal 695 (Summer, 2000) The choice of law rule seems straightforward. Where the federal government is the alleged tortfeasor and the accident happens within the boundaries of the United States, the Federal Tort Claims Act (FTCA) requires the court to apply the law of the place where the act or omission occurred. Thus, when the relevant acts occur in a particular... 2000
Larry Cunningham Deputization of Indian Prosecutors: Protecting Indian Interests in Federal Court 88 Georgetown Law Journal 2187 (July, 2000) Chief Justice John Marshall, in his landmark trilogy of Indian law decisionsJohnson v. McIntosh, Cherokee Nation v. Georgia, and Worcester v. Georgia laid the foundation for Indian law that stands even today. Namely, Indian tribes are under the trust protection of the federal government. Most states do not have jurisdiction over Indian country,... 2000
Peter R. A. Gray Do the Walls Have Ears? Indigenous Title and Courts in Australia 28 International Journal of Legal Information 185 (Summer, 2000) Australia has always been a place of legal pluralism. Before the British colonists brought with them the common law and the statute law of England, there were indigenous systems of law. Indeed, there were very many of them. They did not cease to exist just because English law was imported. Sadly, for over 200 years, their existence was not... 2000
George Linge Ensuring the Full Freedom of Religion on Public Lands: Devils Tower and the Protection of Indian Sacred Sites 27 Boston College Environmental Affairs Law Review 307 (2000) Federal land management agencies historically have disregarded American Indian cries for protection of sacred sites on public lands, and the federal judiciary consistently has supported such action according to a formalistic interpretation of the Religion Clauses of the First Amendment. This Note takes issue with the pattern of religious oppression... 2000
Tim De Young and William C. Scott Environmental Protection in Indian Country 15-SUM Natural Resources & Environment 20 (Summer, 2000) Four years ago in this publication, Kevin Gover and Jim Cooney observed that battles over jurisdiction for environmental regulation in Indian country created uncertainty and inertia, which in turn often resulted in no adequate government action. Cooperation Between Tribes and States in Protecting the Environment, Nat. Resources & Env't, Winter... 2000
S. James Anaya Environmentalism, Human Rights and Indigenous Peoples: a Tale of Converging and Diverging Interests 7 Buffalo Environmental Law Journal L.J. 1 (Spring, 2000) It's an honor for me to be here and offer a few remarks at this conference. I will attempt to shed light on the relation between the human rights and environmentalist agendas, by focusing on the type of situation common to many indigenous peoples in which the two agendas meet. My concern is with identifying points of both convergence and divergence... 2000
Kristen E. Burge Erisa and Indian Tribes: Alternative Approaches for Respecting Tribal Sovereignty 2000 Wisconsin Law Review 1291 (2000) The economies of a number of Indian tribes throughout the United States have experienced tremendous growth and development over the past few years, often due to tribal gaming and related enterprises such as tourism. Indian tribal employers, such as the Ho-Chunk Nation in Wisconsin, are actively recruiting potential employees. They are looking to... 2000
Michael Carroll Every Man Has a Right to Decide His Own Destiny: the Development of Native Hawaiian Self-determination Compared to Self-determination of Native Alaskans and the People of Puerto Rico 33 John Marshall Law Review 639 (Spring 2000) We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain inalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness-That to secure these rights, Governments are instituted among Men, deriving their just Powers from the consent of the governed, that... 2000
Antoinette Sedillo Lopez Evolving Indigenous Law: Navajo Marriage-cultural Traditions and Modern Challenges 17 Arizona Journal of International & Comparative Law 283 (Spring, 2000) Since European contact, the Navajo Nation has struggled to reclaim and continue its culture and manage its own affairs. Native American governments and court systems, modeled after systems in the United States, were required and established by the U.S. government as a way to assimilate native peoples. However, through the creation of substantive... 2000
Melissa L. Tatum Extending the Status Quo: Indian Law and the Supreme Court's 1999-2000 Term 36 Tulsa Law Journal 195 (Fall 2000) For the first time in over a decade, the United States Supreme Court ended its term without deciding a formal Indian law case. That is not to say, however, that none of the Court's decisions during its October 1999 term affect Indians or Indian Tribes. Indeed, two of the Court's opinions have a potentially large impact on the indigenous peoples... 2000
Derek C. Haskew Federal Consultation with Indian Tribes: the Foundation of Enlightened Policy Decisions, or Another Badge of Shame? 24 American Indian Law Review 21 (2000) We were better able to understand how [tribes] felt on many very important issues. Their testimony did make a difference in our final product. That is why Tribal consultation is important. Tribes, more than anyone else, know what is best for them. They know better than anyone else what policies would be bad for them. Phillip Martin They sat there... 2000
JOHN V. BUTCHER Federal Courts and the Native American Sex Offender 2000 Federal Sentencing Reporter 33522168 (10/1/2000) Assistant Federal Public Defender, District of New Mexico Native Americans are prosecuted at a higher rate for sex abuse offenses than for any other federal crime. While in fiscal 1999, sex abuse convictions represented only 0.4% of defendants sentenced under the United States Sentencing Guidelines, more Native Americans were sentenced for sex... 2000
Eugenia Allison Phipps Feds 200, Indians 0: the Burden of Proof in the Federal/indian Fiduciary Relationship 53 Vanderbilt Law Review 1637 (October, 2000) I. L2-3,T4Introduction 1638 II. L2-3,T4Historical Development of the Federal/Indian Relationship 1642 A. The First Encounters. 1642 B. The Era of Allotment. 1646 C. Indian Land Management. 1649 III. L2-3,T4The Resulting Relationship 1652 A. The Marshall Era: The Guardian/Ward Model. 1652 B. The Fiduciary Relationship as a Source of Plenary Power.... 2000
Andrea M. Kurak Florida Paraplegic, Association V. Miccosukee Tribe of Indians of Florida: Balancing Competing Interests 30 Stetson Law Review 361 (Summer, 2000) The Congress finds that . the Nation's proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals. The Congress finds that . a principal goal of Federal Indian policy is to promote tribal economic development, tribal... 2000
Jerry C. Straus Florida's War on Indian Gaming: an Attack on Tribal Sovereignty 13 Saint Thomas Law Review 259 (Fall, 2000) In 1988 Congress passed the Indian Gaming Regulatory Act (IGRA). The states, disappointed with certain aspects of the IGRA legislation, launched a war against Indian tribes to stop them from conducting the gaming which Congress had determined was a vital source of economic development for tribes and a proper exercise of tribal sovereignty. In 1994... 2000
Katheleen R. Guzman Give or Take an Acre: Property Norms and the Indian Land Consolidation Act 85 Iowa Law Review 595 (January, 2000) I. L2-5,T5Introduction 597 L1-6 II. L2-5,T5The Indian Land Consolidation Act: Its Causes and Effects 602 A. L3-5,T5Approaching the Inexorable: Federal Indian Land Policy from Discovery through Allotment 602 B. L3-5,T5The Legacy of Allotment: Fractionation as The Tragedy of the Anticommons 607 C. L3-5,T5The Indian Land Consolidation Act: Seeking... 2000
Guadalupe T. Luna Gold, Souls, and Wandering Clerics: California Missions, Native Californians, and Latcrit Theory 33 U.C. Davis Law Review 921 (Summer, 2000) We came here for the single purpose of doing them good and for their eternal salvation, and I feel that everyone knows we love them. You can take your Christianity I don't want it. Cosume Tribe member Lorenzo Asisara to a Franciscan friar. In line with past LatCrit objectives regarding the relationship between our Latina/o communities and... 2000
Shawna Lee Government Managed Shrines: Protection of Native American Sacred Site Worship 35 Valparaiso University Law Review 265 (Fall, 2000) People come to Devils Tower and think, We're on vacation, we're going to go see Indians and take videos of them doing their ceremonies while we drink beer and wear short shorts. Cremated human remains, a .38 caliber bullet, and beef jerky have all been left as offerings at Native American religious shrines by visiting sightseers. Tourists trample... 2000
Russel L. Barsh Grounded Visions: Native American Conceptions of Landscapes and Ceremony 13 Saint Thomas Law Review 127 (Fall, 2000) From this distant point we watch our bones auctioned with our careful quillwork, beaded medicine bundles, even the bridles of our shot-down horses. You who have priced us, you who have removed usat what cost? What price the pits where our bones share a single bit of memory, how one century has turned our dead into specimens, our history into dust,... 2000
Mrs. Erica-Irene Daes Human Rights of Indigenous Peoples: Report of the Seminar on the Draft Principles and Guidelines for the Protection of the Heritage of Indigenous People 13 Saint Thomas Law Review 391 (Fall, 2000) Paragraphs L1-2,T2Introduction 1 - 3. I. Organization of Work. 4 - 8 II. General Comments. 9 - 14 III. Consideration of Draft Principles. 15 - 30 IV. Consideration of Guidelines. 31 - 41 V. Conclusions and Recommendations. 42 - 49 L1-2,T2Annex I L2-3,T2Revised text of the draft principles and guidelines for the protection of the heritage of... 2000
Neil Scott Cohen In What Often Appears to Be a Crapshoot Legislative Process, Congress Throws Snake Eyes When it Enacts the Indian Gaming Regulatory Act 29 Hofstra Law Review 277 (Fall 2000) Oscar Wilde once mused in his piece, The Ballad of Reading Gaol: And once, or twice, to throw the dice Is a gentlemanly game, But he does not win who plays with Sin In the Secret House of Shame. Although the purely written romantic era of Oscar Wilde is long past us, and today's modern gambling parlors are now referred to, antiseptically, as... 2000
N. Bruce Duthu Incorporative Discourse in Federal Indian Law: Negotiating Tribal Sovereignty Through the Lens of Native American Literature 13 Harvard Human Rights Journal 141 (Spring, 2000) Just one time when I'm telling a story somewhere, why don't you stop and listen? Thomas asked. Just once? Just once. Victor waved his arms to let Thomas know that the deal was good. It was a fair trade, and that was all Victor had ever wanted from his whole life. So Victor drove his father's pickup toward home while Thomas went into his... 2000
N. Bruce Duthu INCORPORATIVE DISCOURSE IN FEDERAL INDIAN LAW: NEGOTIATING TRIBAL SOVEREIGNTY THROUGH THE LENS OF NATIVE AMERICAN LITERATURE 13 Harvard Human Rights Journal 141 (Spring, 2000) Just one time when I'm telling a story somewhere, why don't you stop and listen? Thomas asked. Just once? Just once. Victor waved his arms to let Thomas know that the deal was good. It was a fair trade, and that was all Victor had ever wanted from his whole life. So Victor drove his father's pickup toward home while Thomas went into his... 2000
  Indian Parliament Approves Budget 11 Journal of International Taxation Tax'n 8 (August, 2000) The Indian Parliament passed the Budget in the second week of May with some beneficial amendments and fresh proposals. The highlights of the final budget, from a foreign investor's perspective, are outlined below. It will be covered in more detail in an upcoming issue of JOIT. In the budget presented to Parliament on February 29, the Finance... 2000
Edmund J. Goodman Indian Tribal Sovereignty and Water Resources: Watersheds, Ecosystems and Tribal Co-management 20 Journal of Land, Resources,and Environmental Law 185 (2000) Rivers are the quintessential transboundary resource, and by their nature raise the thorniest interjurisdictional questions between nations, whose borders they demarcate, cross and recross. Within the United States, these interjurisdictional questions acquire additional layers of complexity. U.S. federal law recognizes and protects three sources of... 2000
  Indian Tribes Would Be Encouraged to Collect and Remit Sales Taxes 9-FEB Journal of Multistate Taxation and Incentives 38 (February, 2000) A bill (H.R. 1814) recently introduced in Congress, would provide incentives for Indian tribes to collect and remit to the states lawfully imposed sales taxes on merchandise sold on tribal lands to non-tribal members, and would penalize tribes that did not do so. On 10/12/99, the House Committee on Resources heard testimony from both sides on this... 2000
John H. Davidson Indian Water Rights, the Missouri River, and the Administrative Process: What Are the Questions? 24 American Indian Law Review Rev. 1 (2000) I. Background and 1 II. The Missouri River. 6 III. The Missouri: Indian Reserved Water Rights and the Law of the River. 8 IV. The Flow is the Resource. 16 V. A Search for Process: The Master Manual Review. 17 VI. The Claims of the Missouri River Tribes. 19 The legal rules which govern the allocation of interstate surface waters for... 2000
Marissa Leigh Hughes Indigenous Rights in the Philippines: Exploring the Intersection of Cultural Identity, Environment, and Development 13 Georgetown International Environmental Law Review Rev. 3 (Fall, 2000) I. L2-3,T3Introduction 3 II. L2-3,T3Human Rights of Indigenous Cultural Communities 6 A. The Right to Environment. 6 B. The Right to One's Cultural Identity. 8 C. The Right Not to be Displaced. 9 D. The Right to Health. 10 III. L2-3,T3Everybody's RightThe Right to Development 11 IV. L2-3,T3The Importance of Land 13 V. L2-3,T3The Case of Mining 14... 2000
Julie Debeljak Indigenous Rights: Recent Developments in International Law 28 International Journal of Legal Information 266 (Summer, 2000) Indigenous peoples have been deprived of vast land holdings, and access to life sustaining resources, and they have suffered . activ[e] suppress[ion of] their political and cultural institutions. As a result indigenous people have been crippled economically and socially, their cohesiveness as communities has been damaged or threatened, and the... 2000
CHARLES B. KORNMANN Injustices: Applying the Sentencing Guidelines and Other Federal Mandates in Indian Country 2000 Federal Sentencing Reporter 33522165 (10/1/2000) U.S. District Judge, District of South Dakota Ask virtually any United States District Judge presiding over cases from Indian Country whether the Federal Sentencing Guidelines are fair to Native Americans; ask virtually any appellate judge dealing with cases from Indian Country the same question, and I believe the answer would largely be the same:... 2000
Aaron Goldstein Intentional Infliction of Emotional Distress: Another Attempt at Eliminating Native American Mascots 3 Journal of Gender, Race and Justice 689 (Spring 2000) I. Introduction II. Background A. Racial Imagery B. The Impact of Native American Mascots C. Other Attempts at a Remedy III. Intentional Infliction of Emotional Distress A. Elements of Intentional Infliction of Emotional Distress B. Extreme and Outrageous Conduct C. Severe Emotional Distress IV. Analysis A. Extreme and Outrageous Conduct B. Severe... 2000
  International Norms and Indigenous Peoples: the Contest over Group Rights 94 American Society of International Law Proceedings 314 (April, 2000) The panel was convened at 2:15 p.m., Saturday, April 8, by its Chair, Robert T. Coulter, who introduced the panelists: Benedict Kingsbury, New York University School of Law; Osvaldo Kreimer, Inter-American Commission on Human Rights; and Lynn Sicade, U.S. Department of State, Bureau of Democracy, Human Rights and Labor. The context for this panel... 2000
Michael Lobban Ivan Evans, Bureaucracy and Race: Native Administration in South Africa, Berkeley: University of California Press, 1997. Pp. Xiii + 403. $55.00 (Isbn 0-520-20651-7) 18 Law and History Review 249 (Spring, 2000) Our understanding of the making of apartheid has been considerably enriched in recent years by historians (such as Deborah Posel and Saul Dubow) who have shown how internal developments within the state shaped the formulation and implementation of policy, and how the results were sometimes unplanned and contradictory. Ivan Evans's splendid book... 2000
Milner S. Ball John Marshall and Indian Nations in the Beginning and Now 33 John Marshall Law Review 1183 (Summer 2000) In developing its law of relations between the United States and Indian Nations, the modern Supreme Court has acted more frequently and pervasively as a colonial than as an anti-colonial power and has drawn support for both roles from John Marshall's judicial opinions. The Chief Justice lends himself to this double usage, but the Court has... 2000
M. Catherine Miller, Texas Tech University John Shurts, Indian Reserved Water Rights: the Winters Doctrine in its Social and Legal Context, 1880s-1930s. Norman: University of Oklahoma Press, 2000. 352 Pp. $39.95 44 American Journal of Legal History 513 (October, 2000) In the 1960s, Indian water rights emerged as a major factor in the division of the Colorado River, and since then the doctrine of reserved rights has increased the voice of Indian peoples in other western water conflicts. The reserved right protects an inchoate, future use of water for Indian peoples as set out in the 1908 Supreme Court decision of... 2000
Siegfried Wiessner Joining Control to Authority: the Hardened "Indigenous Norm" 25 Yale Journal of International Law 301 (Summer 2000) To write a seminal article is quite a feat. In her first production, Raidza Torres came a long way toward reaching a goal that eludes many during lifetimes of scholarship. Articles of this kind do not emerge miraculously. They owe debts of gratitude to those who walked the path before; in particular, those who created the intellectual framework... 2000
G. William Rice Joshua Johnson, and Thomas J. Graham's Lessee, Plaintiff, V. William M'intosh, Defendant 9-SUM Kansas Journal of Law & Public Policy 889 (Summer, 2000) ERROR to the District Court of Illinois. This was an action of ejectment for lands in the State and District of Illinois, claimed by the plaintiffs under a purchase and conveyance from the Piankeshaw Indians, and by the defendant, under a grant from the United States. It came up on a case stated, upon which there was a judgment below for the... 2000
John R. Bielski Judicial Denial of Sovereignty for Alaskan Natives: an End to the Self-determination Era 73 Temple Law Review 1279 (Winter 2000) After nearly two centuries of seeing their land and culture overwhelmed by the destructive impact of many federal Indian policies, Native Americans remained skeptical when President Nixon in 1970 proposed a new national initiative that would promote self-determination for the indigenous peoples of North America. Because he was a former... 2000
Larry EchoHawk Justice for Native Americans Requires Returning to Our Constitutional Origins Vine Deloria, Jr. & David E. Wilkins Tribes, Treaties, and Constitutional Tribulations University of Texas Press 1999 4 Green Bag 101 (Autumn 2000) SINCE COLUMBUS DISCOVERY of a new world, legal scholars and jurists have struggled to respect and define the rights of the dark-skinned natives who originally inhabited the land. The Europeans' struggle resulted in the formulation of a Doctrine of Discovery in the 16th Century that gave legal title to the newly discovered lands to the... 2000
Sommer Poole Klamath Water Users Protective Assoc. V. Patterson, 191 F.3d 1115 (9th Cir. 1999) (Holding That Irrigators Did Not Possess Third-party Beneficiary Water Rights, the Government Retained Overall Control over the Dam, Direct Dam Operations Were Subject to th 3 University of Denver Water Law Review 432 (Spring 2000) In 1905, the United States appropriated all available water rights in the Klamath and Lost Rivers pursuant to the Reclamation Act of 1902. In 1917, as part of the construction of a series of water diversion projects, the United States Bureau of Reclamation (Reclamation) entered into a contract with the California Oregon Power Company (Copco)... 2000
Joel Brady Land Is Itself a Sacred, Living Being: Native American Sacred Site Protection on Federal Public Lands Amidst the Shadows of Bear Lodge 24 American Indian Law Review 153 (2000) This article was originally written in December 1998. In the interim, the Tenth Circuit Court of Appeals has ruled on the appeal filed by the Mountain States Legal Foundation, on behalf of the Bear Lodge Multiple Use Association. In the opinion, filed on April 26, 1999, the Tenth Circuit held that the climbers who originally filed suit lacked... 2000
Berta Esperanza Hernandez-Truyol LatIndia Ii - Latinas/ Os, Natives, and Mestizajes - a Latcrit Navigation of Nuevos Mundos, Nuevas Fronteras, and Nuevas Teorias 33 U.C. Davis Law Review 851 (Summer, 2000) Sangre llama a sangre. You don't pick your tribe; the tribe picks you. Some villages did not survive. This Essay is a journey that will elucidate a personal exploration of LatCrit's trinitarian goals of engagement of identity interrogations, community building, and self-critical analysis. It will reflect personal travels and travails, bumps in the... 2000
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