| Author | Title | Citation | Summary | Year |
| Karen Crass |
Eroding the Winters Right: Non-indian Water Users' Attempt to Limit the Scope of the Indian Superior Entitlement to Western Water to Prevent Tribes from Water Brokering |
1 University of Denver Water Law Review 109 (Fall, 1997) |
In the western states, access to water is power. Indian tribes currently are entitled to enough water to tie up all the unallocated water of the west. Transfer of Indian water rights for on or off-reservation uses, such as mining and natural resources development, could put tribes in a position of brokering much of the nation's western water... |
1997 |
| Wambdi Awanwicake Wastewin |
Federal Courts--indians: the Eleventh Amendment and Seminole Tribe: Reinvigorating the Doctrine of State Sovereign Immunity |
73 North Dakota Law Review 517 (1997) |
In the United States, there are three major governmental entities: the federal government, state governments, and tribal governments. In March of 1996, the Supreme Court in Seminole Tribe v. Florida case reassessed the balance of power between these three governmental entities. This reassessment cast into doubt certain previously relied upon... |
1997 |
| Kaylee Ann Newell |
Federal Water Projects, Native Americans and Environmental Justice: the Bureau of Reclamation's History of Discrimination |
20-JUN Environs Environmental Law and Policy Journal 40 (June, 1997) |
No matter what color you are, you get thirsty. Cecil Williams, Papago Tribal Chairman, 1979 The history of the United States is littered with examples of poor treatment of indigenous populations. From the time of white settlement of this country, Native Americans have been looked upon as a savage, uncivilized people. This view of Native Americans... |
1997 |
| Michele E. Emig |
Gaming Corp. V. Dorsey & Whitney: Does Igra Completely Preempt State Regulation of Gaming on Indian Land? |
29 Arizona State Law Journal 323 (Spring, 1997) |
In Gaming Corp. v. Dorsey & Whitney, the Eighth Circuit held that the Indian Gaming Regulatory Act (IGRA) had the extraordinary preemptive force necessary to completely preempt state law in the area of regulating gaming on Indian land. Although the court did not decide whether any of the plaintiff's claims fell within the scope of the... |
1997 |
| Alex Tallchief Skibine |
Gaming on Indian Reservations: Defining the Trustee's Duty in the Wake of Seminole Tribe V. Florida |
29 Arizona State Law Journal 121 (Spring, 1997) |
Since passage of the Indian Gaming Regulatory Act (IGRA) in 1988, the success of Indian gaming has exceeded expectations. As of September 12, 1996, the Bureau of Indian Affairs listed 159 approved tribal-state gaming compacts involving 137 tribes and twenty-four different states. As a result of this success, gaming on Indian reservations is at... |
1997 |
| Allison M. Dussias |
Ghost Dance and Holy Ghost: the Echoes of Nineteenth-century Christianization Policy in Twentieth-century Native American Free Exercise Cases |
49 Stanford Law Review 773 (April, 1997) |
In the late nineteenth century, Native Americans were the subject of a United States government Christianization policy that attempted, with the help of Christian churches, to convert Native Americans to Christianity by assigning reservations to Christian groups for proselytization purposes and by suppressing Native American religious beliefs and... |
1997 |
| James Podgers |
Greetings from Independent Hawaii |
83-JUN ABA Journal 74 (June, 1997) |
Beyond Hawaii's swaying palm trees, beyond its beaches and beyond its plush tourist enclaves of resort hotels and golf courses, there is trouble brewing in America's island paradise. The troubles come in the form of a growing sovereignty movement among Native Hawaiiansthose who can trace at least some portion of their bloodlines to ancestors... |
1997 |
| Dean B. Suagee |
Human Rights of Indigenous People: Will the United States Rise to the Occasion? |
21 American Indian Law Review 365 (1997) |
C1-5Table of Contents L1-5 L1-4,T4Introduction 365 I. L2-4,T4Emerging International Law on the Rights of Indigenous Peoples 367 A. L3-4,T4ILO Convention No. 169 367 B. L3-4,T4Draft United Nations Declaration 368 C. L3-4,T4Draft Inter-American Declaration 372 II. L2-4,T4Developments Regarding the Draft UN Declaration 374 A. L3-4,T4U.S. Preliminary... |
1997 |
| Honorable Harry Lee Anstead |
Humanity and Humaneness: Communities Coming Together on Issues of Human Relations to Achieve Social Justice for Indigenous Peoples |
10 St. Thomas Law Review 25 (Fall, 1997) |
If we do not respect the human rights claims of others, we forfeit our own claims. Standing in the freezing cold, watching John Fitzgerald Kennedy being sworn in as President of the United States of America, I listened to his words: Ask not what your country can do for you, but what you can do for your country. I was chilled by those words, much... |
1997 |
| J. Anthony Paredes |
In Defense of the Bia and the Nps: Federal Acknowledgement, Native American Consultation, and Some Issues in the Implementation of the Native American Graves Protection and Repatriation Act in the Southeastern United States |
10 St. Thomas Law Review 35 (Fall, 1997) |
Despite the reference to the Native American Graves Protection and Repatriation Act of 1990 (NAGPRA), in the title of this essay, I try not to discuss spiritually sensitive matters or other topics that some people might find it improper or offensive to address. Instead, I consider some of the political, bureaucratic, social, cultural, and... |
1997 |
| Jennifer L. Walters |
In re Elliott: Michigan's Interpretation and Rejection of the Existing Indian Family Exception to the Indian Child Welfare Act |
14 Thomas M. Cooley Law Review 633 (Michaelmas Term, 1997) |
Congress enacted the Indian Child Welfare Act of 1978 (ICWA) as a result of the special relationship between the United States and the Indian tribes and their members and the Federal responsibility to Indian people. This legislation's policy is to protect the best interests of Indian children and to promote the stability and security of Indian... |
1997 |
| John P. Guhin |
In the Supreme Court of the American Indian Nations Ethan A. Hitchcock, Secretary of the Interior |
7-WTR Kansas Journal of Law & Public Policy 146 (Winter, 1997) |
I. WHETHER THE ACT OF JUNE 6, 1900, AND RELATED SUPPLEMENTARY ACTS, WHICH AMENDED A TRIBAL AGREEMENT WITH THE TRIBAL PETITIONERS IN WAYS BOTH FAVORABLE AND UNFAVORABLE TO THEM, DEPRIVED THE TRIBAL MEMBERS OF THEIR LANDS WITHOUT DUE PROCESS OF LAW IN VIOLATION OF THE FIFTH AMENDMENT OF THE UNITED STATES CONSTITUTION. II. WHETHER THIS COURT SHOULD... |
1997 |
| S. James Anaya, Attorney for the Appellants |
In the Supreme Court of the American Indian Nations Lone Wolf, Principal Chief of the Kiowas, et Al. |
7-WTR Kansas Journal of Law & Public Policy 117 (Winter, 1997) |
1. Whether the United States Congress has plenary authority over Indian affairs such that it is capable of rendering void the obligations of the United States under the Medicine Lodge Treaty, a treaty with the Appellant Indian peoples. 2. Whether the United States Congress, by its legislation to allot and open to settlement the reservation that was... |
1997 |
| Chad Chambers |
Income Derived from Indian Tribal Lands Was Taxable to Tribal Member: Red Lake Band of Chippewa Indians V. United States |
50 Tax Lawyer 849 (Summer, 1997) |
In Red Lake Band of Chippewa Indians v. United States, the Eighth Circuit in a per curiam opinion, affirmed a district court decision that members of the Chippewa Indian Tribe were subject to income tax on the sale of timber cut from tribal lands. The court relied on the general rule that Indians are subject to federal income tax unless a treaty or... |
1997 |
| Prv Raghavan |
Indian Budget, Reg. Changes Are Generally Favorable for Investors |
8 Journal of International Taxation 139 (March, 1997) |
A mid very high expectations, Indian Finance Minister Mr. P. Cidambaram presented the 1996-1997 budget proposals on July 22, 1996. However, by the time the budget was passed by both houses of Indian Parliament, obtained the assent of the President, and became Finance (No. 2) Act, 1996, it underwent significant changes in form as a result of an... |
1997 |
| Marilyn J. Ward Ford |
Indian Country and Inherent Tribal Authority: Will They Survive Ancsa? |
14 Alaska Law Review 443 (12/1/1997) |
This Article analyzes the effect of the Alaska Native Claims Settlement Act (ANCSA) on the existence of Indian country and inherent tribal authority in Alaska. The Article first presents a history of the status of Native Alaskan land rights and then discusses the importance of Indian country and tribal sovereignty to Native Alaskans. Next, the... |
1997 |
| Warren Stapleton |
Indian Country, Federal Justice: Is the Exercise of Federal Jurisdiction under the Major Crimes Act Constitutional? |
29 Arizona State Law Journal 337 (Spring, 1997) |
Under the Major Crimes Act the federal government currently exercises jurisdiction over an enumerated list of major crimes committed by Indians in Indian Country. Although the exercise of this jurisdiction is not exclusively federal, the Indian Civil Rights Act (ICRA) has essentially done away with tribal responsibility for the prosecution of... |
1997 |
| Paul W. Shagen |
Indian Country: the Dependent Indian Community Concept and Tribal/tribal Member Immunity from State Taxation |
27 New Mexico Law Review 421 (Spring 1997) |
This Comment analyzes various judicial tests for determining whether a dependent Indian community exists under the federal Indian country statute, 18 U.S.C. section 1151 (1994); suggests an alternative test; and considers the implications of each test for tribal and tribal member immunity from state taxation. The United States Supreme Court has... |
1997 |
| L.C. Skogen |
Indian Depredation Claims, 1796-1920 |
11-WTR Natural Resources & Environment 55 (Winter, 1997) |
University of Oklahoma Press, 1996 This fascinating new book is a part of a series of books on the legal history of North America. It focuses on a slice of our American legal history that although narrow in scope lasted for more than one hundred years. The book illuminates an area of law largely forgotten and constitutes what may be a relatively... |
1997 |
| Eric Henderson |
Indian Gaming: Social Consequences |
29 Arizona State Law Journal 205 (Spring, 1997) |
American Indians, prior to European contact, participated in a multitude of games and gaming activities. Gambling figured prominently in a number of myths and was an important social activity. Thus, contemporary Indian gaming, as it emerged in the context of the Indian Gaming Regulatory Act (IGRA), has distant roots in the histories of the... |
1997 |
| Carl G. Hakansson |
Indian Land-use Zoning Jurisdiction: an Argument in Favor of Tribal Jurisdiction over Non-member Fee Lands Within Reservation Boundaries |
73 North Dakota Law Review 721 (1997) |
At the center of a large portion of the body of jurisprudence commonly referred to as Indian Law lies a question of jurisdiction. Few of these issues have been clearly resolved by the courts, leaving uncertainty in many instances regarding the jurisdictional boundaries of Indian tribes. The issue of Indian tribal land-use zoning jurisdiction is no... |
1997 |
| Steve McKinney |
Indian Resources |
11-SPG Natural Resources & Environment 67 (Spring, 1997) |
Wilkinson, C.F., Home Dance, the Hopi, and Black Mesa Coal: Conquest and Endurance in the American Southwest, 1996 Brigham Young University Law Review 449. This is a historical narrative on the development of coal reserves on the Hopi reservation's Black Mesa which, of necessity, reflects the simultaneous efforts to develop tribal governance... |
1997 |
| Ralph W. Johnson |
Indian Tribes and the Legal System |
72 Washington Law Review 1021 (October, 1997) |
The conduct of the Americans of the United States towards the [Indians] is characterised . . . by a singular attachment to the formalities of law. . . . It is impossible to destroy men with more respect for the laws of humanity. The legal profession has lost favor with the American public in recent years-- high salaries, frivolous lawsuits, and... |
1997 |
| James W. Zion , Robert Yazzie |
Indigenous Law in North America in the Wake of Conquest |
20 Boston College International and Comparative Law Review 55 (Winter, 1997) |
To what extent do the indigenous peoples of the Americas still use their own law? What is their right, privilege or freedom to have their own laws and procedures to resolve disputes? What is the practice of North American states in dealing with indigenous laws? What is indigenous or traditional law? Traditional Indian law is a popular... |
1997 |
| Francisco Lopez Bermudez |
Indigenous Peoples and International Law: the Case of Ecuador |
10 St. Thomas Law Review 175 (Fall, 1997) |
The present Article focuses on the study of international law and indigenous peoples with a special reference to the practice of the State of Ecuador in this regard. For the sake of brevity, only the work of the international community since the establishment of the United Nations will be taken into consideration. First, the process of... |
1997 |
| Gelvina R. Stevenson |
Indigenous Peoples in International Law. By S. James Anaya. New York & Oxford: Oxford University Press, 1996. Pp. Xi, 267. $45.00. |
29 New York University Journal of International Law & Politics 431 (Spring 1997) |
Indigenous Peoples in International Law is a theoretical and practical analysis of the historical, contemporary and emerging international laws that affect indigenous people. The author's main thesis is that there are finally ways in which international laws may be used to affirm the rights of indigenous people. This work is both timely and... |
1997 |
| Bert Lockwood, University of Cincinnati College of Law |
Indigenous Peoples in International Law. By S. James Anaya. New York, Oxford: Oxford University Press, 1996. Pp. Xi, 227. Index. $45. |
91 American Journal of International Law 410 (April, 1997) |
In this book, James Anaya, professor at the Iowa University College of Law, identifies as his central contention the proposition that international law, although once an instrument of colonialism, has developed and continues to develop, however grudgingly or imperfectly, to support indigenous peoples' demands (p. 4). Anaya's study is not only a... |
1997 |
| Kara H. Ching |
Indigenous Self-determination in an Age of Genetic Patenting: Recognizing an Emerging Human Rights Norm |
66 Fordham Law Review 687 (11/1/1997) |
Genes and the information they contain are fundamental building blocks of a people's identity. Genetic research on groups of people occasionally results in lucrative biotechnology patents. For example, approximately half of the inhabitants of the South Atlantic island of Tristan da Cunha suffer from asthma. Researchers from the San Diego... |
1997 |
| Laurie Reynolds |
Jurisdiction in Federal Indian Law: Confusion, Contradiction, and Supreme Court Precedent |
27 New Mexico Law Review 359 (Spring 1997) |
The recent and rapid emergence of tribal judicial systems as formal institutions for resolving disputes involving Native Americans or occurring on Indian reservations has received seemingly unqualified praise and support from all branches of the federal government. Legislation such as the Indian Tribal Justice Act, though woefully underfunded,... |
1997 |
| Sarah Harding |
Justifying Repatriation of Native American Cultural Property |
72 Indiana Law Journal 723 (Summer, 1997) |
For the past six years, museums across the country have been scrambling to determine the origins and appropriate resting places for their Native American collections. Museums and agencies that previously had no reason to doubt the security of their entitlements now face the prospect of the loss of significant objects. The legislation that has... |
1997 |
| Andrew Josephson |
Katie John and Totemoff: the United States and Alaska Clash over the Reserved Water Rights Doctrine and Native Alaska Hunting and Fishing Rights-- the U.s. Supreme Court Passes on an Opportunity to Resolve the Subsistence Debate |
6 Dickinson Journal of Environmental Law & Policy 225 (Spring 1997) |
Wherever occurring in their natural state, fish, wildlife, and waters are reserved to the people for common use. No exclusive right or special privilege of fishery shall be created or authorized in the natural waters of the State. Laws and regulations governing the use or disposal of natural resources shall apply equally to all persons similarly... |
1997 |
| Adam Fortunate Eagle |
Keepers of the Sacred Tradition of Pipe Makers |
10 St. Thomas Law Review 55 (Fall, 1997) |
The Nation's hoop is broken and scattered. There is no center any longer, and The Sacred Tree is dead. For centuries, a select few have been given a gift from the Creator to uphold the tradition of the sacred pipe. This sacred trust was honored and accepted by many tribes for it was never unique to one tribe or one people. Now, due to the misplaced... |
1997 |
| Douglas W. Ackerman |
Kennewick Man: the Meaning of "Cultural Affiliation" and "Major Scientific Benefit" in the Native American Graves Protection and Repatriation Act |
33 Tulsa Law Journal 359 (Fall, 1997) |
Passed quietly and without dissent in 1990, the Native American Graves Protection and Repatriation Act (NAGPRA) was intended to terminate centuries of plundering of Native American grave sites. Native American cultural and religious beliefs with respect to the dead, most of which differ significantly with Anglo-American traditions, were affronted... |
1997 |
| by Kevin J Worthen |
Kiowa Tribe of Oklahoma |
1997-98 Preview of United States Supreme Court Cases 232 (12/30/1997) |
The Supreme Court has recognized that Indian tribes, like other sovereigns in our governmental system, enjoy sovereign immunity the right not to be sued without their consent. The issue in this case is whether tribal sovereign immunity extends to suits in state court arising from a tribe's business activities that occur outside Indian country.... |
1997 |
| by Kevin J Worthen |
Kiowa Tribe of Oklahoma |
1997-98 Preview of United States Supreme Court Cases 232 (12/30/1997) |
The Supreme Court has recognized that Indian tribes, like other sovereigns in our governmental system, enjoy sovereign immunity the right not to be sued without their consent. The issue in this case is whether tribal sovereign immunity extends to suits in state court arising from a tribe's business activities that occur outside Indian country.... |
1997 |
| Sandra Day O'Connor |
Lessons from the Third Sovereign: Indian Tribal Courts |
33 Tulsa Law Journal L.J. 1 (Fall, 1997) |
Today, in the United States, we have three types of sovereign entities--the Federal government, the States, and the Indian tribes. Each of the three sovereigns has its own judicial system, and each plays an important role in the administration of justice in this country. The part played by the tribal courts is expanding. As of 1992, there were... |
1997 |
| Samuel A. Rumore, Jr. |
Lowndes County |
58 Alabama Lawyer 16 (January, 1997) |
Lowndes County, in south central Alabama, is the site of a well-known story involving one of Alabama's most famous and colorful Indian chiefs, Red Eagle. Red Eagle was a half-breed, having a Scottish father and a Creek Indian mother. He was known as William Weatherford to the white settlers who knew his father. His leadership role in the massacre... |
1997 |
| Caralee Lambert |
Najeeb Bin Mohammad Al-nauimi, Approaches to the Assessment of Environmental Damage under National Jurisdictions in the Gulf Region, 36 Indian J. Int'l L. 55 (1996). |
9 Georgetown International Environmental Law Review 521 (Winter, 1997) |
In 1978, states of the Arabian Gulf convened in order to design regulations for environmental protection of the Gulf's marine resources. They fashioned the Kuwait Convention on Cooperation for Protection of the Marine Environment from Pollution (Kuwait Convention) largely in reaction to increasing pollution concerns regarding the environmental... |
1997 |
| Brent Eckersley |
Narragansett Indian Tribe of Rhode Island V. Narragansett Electric Company: When Dependent Indian Communities Fall Within Indian Country |
21 American Indian Law Review 193 (1997) |
One of the most important, although often confusing concepts of Indian law is Indian country. The concept is important to understand because tribes which lie within recognized Indian country are granted the power to govern themselves and generally exclude the enforcement of state law within the territory. Furthermore, tribal members who reside... |
1997 |
| Shannon E. O'Brien |
Native Americans |
29 The Urban Lawyer 353 (Spring, 1997) |
Babbitt v. Youpee, 117 S. Ct. 727 (1997). A provision of the Indian Land Consolidation Act (ICLA), which provides that fractional allotment interests constituting less than 2 percent of the allotment or producing income less than $100 in the last five years escheats to the tribe upon the owner's death unless the land is devised or descends to... |
1997 |
| James D. Leach |
Native Americans and the Vaccine Act: Excluding Those We Found Here |
46 American University Law Review 1935 (8/1/1997) |
In Black v. Secretary of Health and Human Services, the Federal Circuit ruled that a Native American child who was catastrophically injured by a vaccine was not eligible for lifetime benefits under the National Vaccine Injury Compensation Program (Vaccine Act), because the Indian Health Service's payment of medical expenses prevented him from... |
1997 |
| Leon E. Trakman |
Native Cultures in a Rights Empire Ending the Dominion |
45 Buffalo Law Review 189 (Winter 1997) |
Introduction 189 II. Liberal Conceptions of Legal Relationships 196 III. Recognizing Leal Relationships 212 A. Hohfeld's Relationships 214 B. Limitations in Hohfeld's Relationships 217 IV. Transforming Legal Relationships 218 A. Reformulating Legal Relationships 219 B. Extending the Application of Legal Relationships 223 V. Implementing Transformed... |
1997 |
| Honorable Robert Yazzie |
Navajo Peacekeeping: Technology and Traditional Indian Law |
10 St. Thomas Law Review 95 (Fall, 1997) |
Many scientific terms come from the Greek. Technology comes from the Greek word techno meaning a skill or art. While the term normally is used to describe the manufacture and use of new developments for industry or commerce, one ought to think about how it applies to the harm caused by violations of criminal law. Did Navajos have technology... |
1997 |
| Rebecca Tsosie |
Negotiating Economic Survival: the Consent Principle and Tribal-state Compacts under the Indian Gaming Regulatory Act |
29 Arizona State Law Journal 25 (Spring, 1997) |
I. Introduction. 26 II. Historical Look at the Consent Principle. 29 III. The Contemporary Application of the Consent Principle. 33 A. Negotiated Agreements Between States and Tribes in Natural Resources Disputes. 34 B. The Indian Gaming Regulatory Act and the Consent Principle. 43 1. The Nature of Tribal Gaming Rights. 43 2. The Impact of the IGRA... |
1997 |
| Rebecca Tsosie |
NEGOTIATING ECONOMIC SURVIVAL: THE CONSENT PRINCIPLE AND TRIBAL-STATE COMPACTS UNDER THE INDIAN GAMING REGULATORY ACT |
29 Arizona State Law Journal 25 (Spring, 1997) |
I. Introduction. 26 II. Historical Look at the Consent Principle. 29 III. The Contemporary Application of the Consent Principle. 33 A. Negotiated Agreements Between States and Tribes in Natural Resources Disputes. 34 B. The Indian Gaming Regulatory Act and the Consent Principle. 43 1. The Nature of Tribal Gaming Rights. 43 2. The Impact of the IGRA... |
1997 |
| Judith V. Royster |
Oil and Water in the Indian Country |
37 Natural Resources Journal 457 (Spring, 1997) |
Congress first authorized general oil and gas leasing on Indian lands in the 1920s. For more than seven decades, non-Indian oil and gas companies have conducted exploration and production activities on Indian lands, with all of the attendant environmental effects. And yet surprisingly little attention has been paid in Indian country by tribes, by... |
1997 |
| Kelly S. Croman |
One Size Does Not Fit All: the Failure of Washington's Licensing Standards for Alcohol and Drug Treatment Programs and Facilities to Meet the Needs of Indians |
72 Washington Law Review 129 (January, 1997) |
It is well recognized that culturally and spiritually relevant alcohol and chemical dependency treatment programs are most successful. Washington's licensing standards for such programs and facilities, however, fail to address the cultural and spiritual needs of Indians who they serve. The State's current one-size-fits-all approach offers... |
1997 |
| Carole E. Goldberg |
Overextended Borrowing: Tribal Peacemaking Applied in Non-indian Disputes |
72 Washington Law Review 1003 (October, 1997) |
Respected figures within the U.S. legal system are saying that the system could be improved by borrowing elements from Native American dispute resolution. To longtime students of Indian Law, this is a striking shift of rhetoric. Historically, non-Indian America has either ignored or dismissed tribal law, often characterizing tribes as lawless. But... |
1997 |
| Ronald Eagleye Johnny |
Practicing Tribal and Indian Law along Highway 50 |
5-JUN Nevada Lawyer 15 (June, 1997) |
Whether you drive the length of Highway 50 beginning from the east or west, you begin your journey in what was, until the 1980s for some tribes, land owned by three of the four Native American Nations that occupied what became Nevada before the coming of the white man: the Western Shoshone on the east, the Washoe on the west, and the Northern... |
1997 |
| |
Proposed Model Ethical Protocol for Collecting Dna Samples |
33 Houston Law Review 1431 (1997) |
C1-3Table of Contents I. How To Use This Document. 1433 II. An Overview of the Ethical Issues and the Collecting Process. 1436 III. Before Contacting the Population. 1438 IV. Making Contact with the Population. 1440 V. Informed Consent. 1441 A. From Whom Should Consent Be Sought?. 1442 1. Individual Consent. 1442 2. Group Consent. 1443 B. When... |
1997 |