| Author | Title | Citation | Summary | Year |
| Dick Dahl |
The Gamble That Paid off |
81-MAY ABA Journal 86 (May, 1995) |
The busloads of people who work the slot machines and roulette tables at the massive Foxwoods casino in southern Connecticut probably would never guess that they are there only because lawyers beat the odds. The casino--by some accounts the largest in the Western hemisphere--is owned by the Mashantucket Pequot Indians, who, in less than 10 years,... |
1995 |
| Debra Dumontier-Pierre |
The Indian Child Welfare Act of 1978: a Montana Analysis |
56 Montana Law Review 505 (Summer 1995) |
In 1978, Congress enacted the Indian Child Welfare Act (ICWA) to prevent the unwarranted breakup of Indian families and to give Indian tribes a substantial role in matters concerning custody of Indian children. Through ICWA, Congress declared a national policy to keep Indian children with their families, to defer to tribal jurisdiction in child... |
1995 |
| Denise L. Stiffarm |
The Indian Child Welfare Act: Guiding the Determination of Good Cause to Depart from the Statutory Placement Preferences |
70 Washington Law Review 1151 (10/1/1995) |
Since 1978, custody proceedings involving Indian children have been subject to the provisions of the Indian Child Welfare Act. The substantive provisions of the Act set forth placement preferences for state courts to follow when determining adoptive, preadoptive, and foster care placement of Indian children. While the Act directs that the... |
1995 |
| Jackie J. Kim |
The Indian Federal Recognition Administrative Procedures Act of 1995: a Congressional Solution to an Administrative Morass |
9 Administrative Law Journal of the American University 899 (Fall, 1995) |
C1-2Table of Contents Introduction. 899 I. The Administration of the Federal Acknowledgment Process. 902 A. Rights Incident to Recognition. 903 B. Prior to the Federal Acknowledgment Process. 905 C. Establishment of an Administrative Recognition Process. 906 D. Application of the Federal Acknowledgment Process. 909 E. Flaws in the Federal... |
1995 |
| Douglas W. Chase |
The Indian Gaming Regulatory Act and State Income Taxation of Indian Casinos: Cabazon Band of Mission Indians V. Wilson and County of Yakima V. Yakima Indian Nation |
49 Tax Lawyer 275 (Fall, 1995) |
For over two centuries, the federal and state governments have struggled to develop an effective program to enable Indian tribes to achieve self-determination and self-governance. One of the most stubborn obstacles to the accomplishment of this goal has been the pervasive poverty that has plagued virtually every Indian tribe from the origins of... |
1995 |
| Michael D. Cox |
The Indian Gaming Regulatory Act: an Overview |
7 St. Thomas Law Review 769 (Summer, 1995) |
When the Seminole Tribe of Florida opened the first high-stakes tribal bingo hall on its reservation in Hollywood, Florida in 1979, few people could have predicted that in a span of fifteen years, Indian gaming would become one of the fastest growing wagering industries in the United States. Today, there are approximately 210 tribes actively... |
1995 |
| Richard Warren Perry |
The Logic of the Modern Nation-state and the Legal Construction of Native American Tribal Identity |
28 Indiana Law Review 547 (1995) |
Nationalism, argued Hans Kohn a half-century ago, is first and foremost a state of mind, an act of consciousness. As June Starr notes in a companion Article in this volume, nations are hardly the inevitable entitiesthe natural convergences of blood and territorythat their propagandists insist. Rather, Starr tells us, nationalistic ideas are... |
1995 |
| Richard Warren Perry |
THE LOGIC OF THE MODERN NATION-STATE AND THE LEGAL CONSTRUCTION OF NATIVE AMERICAN TRIBAL IDENTITY |
28 Indiana Law Review 547 (1995) |
Nationalism, argued Hans Kohn a half-century ago, is first and foremost a state of mind, an act of consciousness. As June Starr notes in a companion Article in this volume, nations are hardly the inevitable entitiesthe natural convergences of blood and territorythat their propagandists insist. Rather, Starr tells us, nationalistic ideas are... |
1995 |
| John R. Quinn |
The Lost Language of the Irishgaymale: Textualization in Ireland's Law and Literature (Or the Most Hidden Ireland ) |
26 Columbia Human Rights Law Review 553 (Spring 1995) |
Introduction. 555 I. Theoretical Considerations. 566 A. Constructionism v. Essentialism. 566 B. Elaine Showalter's Model of Muted Group Discourse. 579 C. The Gaymale. 584 D. The Irishmale. 593 E. The Irishgaymale. 600 II. The Substantive Textualization of the Irishgaymale: Law. 605 A. The Sodomy and Gross Indecency Statutes. 606 B. The Norris... |
1995 |
| Daniel G. Mueller |
The Reassertion of Native Hawaiian Gathering Rights Within the Context of Hawaii's Western System of Land Tenure |
17 University of Hawaii Law Review 165 (Summer, 1995) |
Contemporary Hawaii law includes the mandate that Native Hawaiian culture must be protected or, if once lost, restored. Article XII, section 7 of the Hawaii Constitution, adopted in 1978, embodies the emerging trend in Hawaii public policy to protect Native Hawaiian culture: The State reaffirms and shall protect all rights customarily and... |
1995 |
| L. Roberto Barroso |
The Saga of Indigenous Peoples in Brazil: Constitution, Law and Policies |
7 St. Thomas Law Review 645 (Summer, 1995) |
In 1979, when the military rule in Brazil was coming to an end, I dedicated some of my time to student political activity supporting the return of democracy. Several students used to show their political beliefs by posting banners on the windows of their cars. I had several in my car. One of them, probably the one that raised the most curiosity,... |
1995 |
| Robert Laurence |
The Unseemly Nature of Reservation Diminishment by Judicial, as Opposed to Legislative, Fiat and the Ironic Role of the Indian Civil Rights Act in Limiting Both |
71 North Dakota Law Review 393 (1995) |
You own the stars? Yes. But I have already seen a king who -- Kings do not own, they reign over. It is a very different matter. This paper will explore the distinction being made by the Businessman to the Little Prince, to wit, the distinction between ownership of land and sovereign power over it. I will conclude that the distinction is a... |
1995 |
| Andrew M. Kanter |
The Yenaldlooshi in Court and the Killing of a Witch: the Case for an Indian Cultural Defense |
4 Southern California Interdisciplinary Law Journal 411 (Winter 1995) |
TABLE OF CONTENTS I. INTRODUCTION. 412 II. THE MORAL AND THEORETICAL BASIS FOR A CULTURAL DEFENSE. 416 A. Punishment Theories. 417 B. Notions of Plurality. 422 C. Counter-Arguments. 424 D. Forum Difficulties. 426 E. Conclusion. 428 III. THE MECHANICS OF AN INDIAN CULTURAL DEFENSE. 429 IV. INADEQUACY OF AVAILABLE DEFENSES. 432 A. Necessity. 432 B.... |
1995 |
| |
Title 25 -- Indians |
24 Southwestern University Law Review 717 (1995) |
CODE SECTION: § 164 ACTION: Unclaimed per capita and other individual payments of tribal trust funds held in trust by the United States will be restored to tribal ownership if for any reason such payments remain unclaimed -- TIME LIMIT, ACCRUAL: For a period of 6 years, from the date of the administrative directive to make payment; OR, 1 year, from... |
1995 |
| William M. Bryner |
Toward a Group Rights Theory for Remedying Harm to the Subsistence Culture of Alaska Natives |
12 Alaska Law Review 293 (12/1/1995) |
This Note argues that Alaska Natives' subsistence lifestyle is an essential element of their culture and should be protected as such by the law. After outlining alternate understandings of subsistence, the Note analyzes the current treatment of subsistence as culture in both federal and Alaska law. The Note contends that existing law does not... |
1995 |
| Richard Monette, James M. Grijalva, P.S. Deloria, Judith V. Royster, Rebecca Tsosie |
Treating Tribes as States under the Clean Water Act: the Good and the Bad |
71 North Dakota Law Review 497 (1995) |
MR. MONETTE: Good morning. Nice to see you all again. We have a slight change in the panel, as you can see. Let me just first mention that John Harbison has, I understand, taken ill and probably won't be with us today. So he could probably use some of our good thoughts. And Sam Deloria will sit in his place to help respond. Our topic is, as you can... |
1995 |
| Patrick Clarke |
Tribal Affiliation Based Employment Preferences: Is this an Allowable Practice under Title Vii's Indian Preference Provisions? |
20 Thurgood Marshall Law Review 291 (Spring, 1995) |
Poverty is the everyday life of the American Indian. No other group in American life is so victimized by poverty. The average income of Indian families on reservations is $1500 a year--unemployment is 7 or 8 times the national averagethe Indian life span of 42 years is far short of the national average of 62--Indian babies have only half as much... |
1995 |
| Patrick Clarke |
TRIBAL AFFILIATION BASED EMPLOYMENT PREFERENCES: IS THIS AN ALLOWABLE PRACTICE UNDER TITLE VII'S INDIAN PREFERENCE PROVISIONS? |
20 Thurgood Marshall Law Review 291 (Spring, 1995) |
Poverty is the everyday life of the American Indian. No other group in American life is so victimized by poverty. The average income of Indian families on reservations is $1500 a year--unemployment is 7 or 8 times the national averagethe Indian life span of 42 years is far short of the national average of 62--Indian babies have only half as much... |
1995 |
| James M. Grijalva |
Tribal Governmental Regulation of Non-indian Polluters of Reservation Waters |
71 North Dakota Law Review 433 (1995) |
With respect to natural resource management concerns, Mr. President, no one has greater respect and reverence for the land than the original inhabitants of this continent. Although there are differences among the tribes, we have a common set of beliefs and traditions regarding our responsibilities as caretakers for the natural world. In our... |
1995 |
| James D. Hill, Howard G. Arnett |
Understanding Indian Tribal Timber Sales |
9-WTR Natural Resources & Environment 38 (Winter, 1995) |
Timber harvesting strategies used in recent decades in many parts of the world have resulted in the decimation of forest ecosystems and have wreaked havoc upon expanses of lands formerly known for their biodiversity. As demand for wood products continues to increase and technological advances geared for the harvesting of timber keep pace, timber... |
1995 |
| Keith D. Nunes |
We Can Do . Better: Rights of Singular Peoples and the United Nations Draft Declaration on the "Rights of Indigenous Peoples" |
7 St. Thomas Law Review 521 (Summer, 1995) |
In the multiplication of European voyages of discovery and exploration between the years 1487 and 1780, the slow process of direct sea contact between regions and continents ultimately yielded a worldwide network of relationships for a new era, an era in which humankind continues to participate. North America was opened to European settlement as a... |
1995 |
| Christopher J. Moore |
What Is Good for the Goose Is Good for the Gambler: How the Indian Gaming Regulatory Act Fails to Abrogate State Immunity and Protects Tribal Immunity |
21 Ohio Northern University Law Review 1203 (1995) |
Gambling in the United States cuts across many political spectrums. It defies categorization. But there is no doubt that non-Indians want to gamble and that they will pay significant amounts of money to do so. Indian gaming has been estimated to produce $4 billion per year in gross revenues and $750 million per year in net revenues. This... |
1995 |
| Kirke Kickingbird |
What's past Is Prologue : the Status and Contemporary Relevance of American Indian Treaties |
7 St. Thomas Law Review 603 (Summer, 1995) |
If there is any subject related to American Indians of which the average American has any knowledge, it is Indian treaties. Those citizens who possess this passing knowledge of Indian history and American Indian law often dismiss Indian treaty rights because they believe in the myth of the broken treaty. This myth says that conduct on the part of... |
1995 |
| Erik W. Aamot-Snapp |
When Judicial Flexibility Becomes Abuse of Discretion: Eliminating the "Good Cause" Exception in Indian Child Welfare Act Adoptive Placements |
79 Minnesota Law Review 1167 (May, 1995) |
When the power [to grant an adoption] is used to remove an Indian child from the surrounding most likely to connect that child with his or her cultural heritage, that decision unintentionally continues the gradual genocide of the Indians in America. Congress passed the Indian Child Welfare Act of 1978 (ICWA) to stop the mass removal of Native... |
1995 |
| Mark E. Chandler |
A Link Between Water Quality and Water Rights?: Native American Control over Water Quality |
30 Tulsa Law Journal 105 (Fall, 1994) |
It is well settled that Indians have exclusive control over tribal lands, subject only to a superior power of the United States. It is also well settled that Indians have a right to a quantity of water that is sufficient for the reservation needs under a first in time, first in right system of water appropriation. An open question, however, is... |
1994 |
| Richard A. Monette |
A New Federalism for Indian Tribes: the Relationship Between the United States and Tribes in Light of Our Federalism and Republican Democracy |
25 University of Toledo Law Review 617 (1994) |
More than 200 years ago, relatively small groups of people lived a freespirited existence along the eastern seaboard of what is now the United States of America. Over time, they grew increasingly vocal about matters they believed violated their natural rights. Some alien power extended its rule over their territories. An oppressive force arrogantly... |
1994 |
| Richard A. Monette |
A NEW FEDERALISM FOR INDIAN TRIBES: THE RELATIONSHIP BETWEEN THE UNITED STATES AND TRIBES IN LIGHT OF OUR FEDERALISM AND REPUBLICAN DEMOCRACY |
25 University of Toledo Law Review 617 (1994) |
More than 200 years ago, relatively small groups of people lived a freespirited existence along the eastern seaboard of what is now the United States of America. Over time, they grew increasingly vocal about matters they believed violated their natural rights. Some alien power extended its rule over their territories. An oppressive force arrogantly... |
1994 |
| Judith V. Royster |
A Primer on Indian Water Rights: More Questions than Answers |
30 Tulsa Law Journal 61 (Fall, 1994) |
I. Introduction . 62 II. Origins of the Reserved Rights Doctrine . 63 III. Scope and Extent of Reserved Rights . 66 A. Waters Subject to the Right . 67 B. Priority Date . 70 C. Purposes of the Reservation . 71 D. Quantification of the Right . 74 E. Use of Reserved Water Rights . 78 F. Water Transfers and Water Marketing . 82 G. Water Quality . 85... |
1994 |
| Rennard Strickland , William M. Strickland |
A Tale of Two Marshalls: Reflections on Indian Law and Policy, the Cherokee Cases, and the Cruel Irony of Supreme Court Victories |
47 Oklahoma Law Review 111 (Spring, 1994) |
The history of the Cherokee Nation before the Supreme Court is marked off at each end by two important cases. The first is Worcester v. Georgia and its earlier companion case of Cherokee Nation v. Georgia; the most recent is the Arkansas Riverbed Case. Both have been hailed as tribal victories in which the Supreme Court found in favor of the... |
1994 |
| Bradley Hideo Keikiokalani Cooper |
A Trust Divided Cannot Stand--an Analysis of Native Hawaiian Land Rights |
67 Temple Law Review 699 (Summer 1994) |
The history of Hawaii and its people is the least known and possibly the most egregious of any in the United States. Most Americans do not know that Hawaii was taken by conquest, not discovery. On January 17, 1893, a company of United States Marines, at the request of United States Foreign Minister John L. Stephens, landed on the shores of Hawaii... |
1994 |
| John Arai Mitchell |
A World Without Tribes? Tribal Rights of Self-government and the Enforcement of State Court Orders in Indian Country |
61 University of Chicago Law Review 707 (Spring, 1994) |
A state court can generally assert jurisdiction over a civil suit arising out of Indian Country where state civil jurisdiction 1) is not preempted by federal law and 2) does not infringe upon tribal rights of self-government. The Supreme Court has declared that the infringement prong of this infringement-preemption test requires an analysis of both... |
1994 |
| Timothy S. Zahniser |
Alabama & Coushatta Tribes V. Big Sandy School District: the Right of Native American Public School Students to Wear Long Hair |
19 American Indian Law Review 217 (1994) |
Our people are eager to learn. They are proud of being American. They are proud of being Indians. After being confined to the back burner of legal issues for a number of years, Alabama & Coushatta Tribes v. Trustees of the Big Sandy School District reintroduced an issue which was very much boiling over in the Federal courts in the late 1960s and... |
1994 |
| Mark A. Bilut |
Albuquerque V. Browner, Native American Tribal Authority under the Clean Water Act: Raging like a River out of Control |
45 Syracuse Law Review 887 (1994) |
Introduction I. Statutory and Regulatory Background II. Factual Background of Albuquerque III. Authority of Indian Tribes to Adopt Standards More Stringent Than Required Under the Clean Water Act IV. EPA Authority in Approving or Disapproving Tribal Water Quality Standards A. EPA Authority to Disapprove Standards Under Section 510 B. EPA Authority... |
1994 |
| Gloria Valencia-Weber |
American Indian Law and History: Instructional Mirrors |
44 Journal of Legal Education 251 (June, 1994) |
For the student of American Indian law, insights multiply when one treats the underlying jurisprudence and the historical scholarship as mirrors of each other. I have taught American Indian law at two law schools (Tulsa and New Mexico) through a method that combines legal and historical materials. My experience has affirmed that the... |
1994 |
| Ann M. Hooker |
American Indian Sacred Sites on Federal Public Lands: Resolving Conflicts Between Religious Use and Multiple Use at El Malpais National Monument |
19 American Indian Law Review 133 (1994) |
A. Introduction American Indians are beginning to reassert their right to freely express their religious beliefs despite past European American attempts to suppress them. However, misunderstandings and conflicts persist in part because of basic differences between American Indian and European American religious beliefs. These differences become... |
1994 |
| Helen W. Winston |
An Anomaly Unknown: Supreme Court Application of International Law Norms on Indigenous Rights in the Cherokee Cases (1831-32) |
1 Tulsa Journal of Comparative & International Law 339 (Spring, 1994) |
[I] think it very clear that the Constitution neither speaks of them as states or foreign states, but as just what they were, Indian tribes; an anomaly unknown to the books that treat of states, and which the law of nations would regard as nothing more than wandering hordes, held together only by ties of blood and habit, and having neither laws or... |
1994 |
| Vicki J. Limas |
Application of Federal Labor and Employment Statutes to Native American Tribes: Respecting Sovereignty and Achieving Consistency |
26 Arizona State Law Journal 681 (Fall, 1994) |
As Native American tribal economies continue to develop and grow, tribal governments and businesses are providing additional revenues for tribal operations and significant sources of employment for tribal members and others. With increased employment opportunities, however, come increasing numbers of employment disputes. The federal government... |
1994 |
| Vicki J. Limas |
APPLICATION OF FEDERAL LABOR AND EMPLOYMENT STATUTES TO NATIVE AMERICAN TRIBES: RESPECTING SOVEREIGNTY AND ACHIEVING CONSISTENCY |
26 Arizona State Law Journal 681 (Fall, 1994) |
As Native American tribal economies continue to develop and grow, tribal governments and businesses are providing additional revenues for tribal operations and significant sources of employment for tribal members and others. With increased employment opportunities, however, come increasing numbers of employment disputes. The federal government... |
1994 |
| Lindsay A. Newbold |
Application of the Adea to Indian Tribes: Eeoc V. Fond du Lac Heavy Equipment & Construction Co., 986 F.2d 246 (8th Cir. 1993) |
46 Washington University Journal of Urban and Contemporary Law 381 (Summer, 1994) |
Indian tribes in the United States, while not considered independent sovereign nations, are entitled to certain rights of autonomy in their internal affairs. The autonomy of Indian tribes is somewhat limited in that Congress retains plenary power to modify or eliminate these rights of self-government. Yet when a law infringes on a specific right... |
1994 |
| Wes Williams, Jr. |
Changing Water Use for Federally Reserved Indian Water Rights: Wind River Indian Reservation |
27 U.C. Davis Law Review 501 (Winter, 1994) |
Introduction I. The Law A. Federally Reserved Water Rights B. Quantification C. Change of Use II. The Big Horn River Dispute A. Big Horn I B. Big Horn III 1. Justice Macy's Opinion 2. Justice Thomas' Opinion 3. Justice Cardine's Opinion III. Analysis of the Big Horn III Decision A. Justice Macy 1. Misplaced Reliance on Big Horn I 2. Failure to... |
1994 |
| Marc S. Feinstein |
Cheyenne River Sioux Tribe V. South Dakota, Indian Gaming, and the State's Eleventh Amendment Immunity: Where Will the Conflict in the Circuits Fuse? |
39 South Dakota Law Review 604 (1994) |
In Cheyenne River Sioux Tribe v. South Dakota, the Eighth Circuit Court of Appeals upheld the constitutionality of the Indian Gaming Regulatory Act reasoning that the Act makes Congress' intent to abrogate the states' Eleventh Amendment sovereign immunity unmistakably clear. This allows an Indian tribe to bring suit against a state for failing to... |
1994 |
| Robert Laurence |
Civil Procedure in Low Earth Orbit: Science Fiction, American Indians and Federal Courts |
24 New Mexico Law Review 265 (Spring, 1994) |
Is it not immediately obvious that following the Columbus quincentennary more attention should be paid to what is written in science fiction novels? Perhaps not. Those of us who teach, study and write about American Indian law are famous for our over-developed ability to see Indian issues in all areas of the law, indeed in all areas of life. Indian... |
1994 |
| Theresa Simpson |
Claims of Indigenous Peoples to Cultural Property in Canada, Australia, and New Zealand |
18 Hastings International and Comparative Law Review 195 (Fall, 1994) |
Cultural property is the subject of increasing international legal interest. Numerous nations have enacted domestic legislation to protect their own cultural property, and several multilateral treaties and bilateral agreements attempt to regulate its export and import. There is also a growing call for repatriation of significant cultural objects,... |
1994 |
| Nell Jessup Newton |
Compensation, Reparations, & Restitution: Indian Property Claims in the United States |
28 Georgia Law Review 453 (Winter 1994) |
Calls for restitution in Eastern Europe present legal scholars in the United States with an opportunity to reexamine the legal and moral justifications for laws of property distribution in general and laws permitting confiscation and mandating restitution in particular. Western legal and constitutional theory accepts that government may take... |
1994 |
| Eric K. Yamamoto , Moses Haia , Donna Kalama |
Courts and the Cultural Performance: Native Hawaiians' Uncertain Federal and State Law Rights to Sue |
16 University of Hawaii Law Review Rev. 1 (Summer, 1994) |
Police Seize 25 in Hilo Protest: Hawaiian Confrontation at Mall. So read the news headline in September, 1993. One hundred twenty Native Hawaiians in Hilo protested the State Department of Hawaiian Homelands' lease of 39 acres of trust Homelands to a non-Hawaiian commercial entity for the Prince Kuhio Plaza shopping mall. The protesting group,... |
1994 |
| John J. Yered |
Criminal Law -- Subject Matter Jurisdiction -- Native American Subject to Jurisdiction of United States Courts for Crimes Committed Against Another Native American on Indian Territories United States V. Markiewicz, 978 F.2d 786 (2d Cir. 1992). |
17 Suffolk Transnational Law Review 539 (Spring 1994) |
In the United States, federal and state governments have jurisdiction over crimes that occur within their borders. Native American tribes in the United States offer unique examples of limited sovereignty, by possessing control over internal relations, yet ultimately subject to federal regulation. In United States v. Markiewicz, the United States... |
1994 |
| Ernest Grumbles |
Defending Native Lands |
1 Wisconsin Environmental Law Journal 123 (Spring, 1994) |
The native peoples of North America have struggled to protect their lands from encroachment by uninvited guests since the arrival of Columbus. Now the danger to their land has shifted from human incursion to environmental threats such as mines, landfills and coal-burning plants both on and off reservation lands. Cries of environmental racism by... |
1994 |
| by Nell Jessup Newton and Christopher A. Karns |
Department of Taxation and Finance of New York, et Al. |
1993-94 Preview of United States Supreme Court Cases 253 (3/18/1994) |
Because Indian tribes are immune from most state taxes, Indian businesses have made lucrative profits by pricing tobacco sold in reservation smokeshops considerably lower than their non-Indian competitors who are subject to state taxes. Many non-Indians, who are not entitled to the immunity, also purchase cigarettes on reservations in order to... |
1994 |
| William V. Vetter |
Doing Business with Indians and the Three "S"es: Secretarial Approval, Sovereign Immunity, and Subject Matter Jurisdiction |
36 Arizona Law Review 169 (Spring, 1994) |
Indian tribes and individuals are no longer economically isolated. They are increasingly involved in diverse economic activities, including operating on-and off-reservation enterprises, exporting reservation-produced products and services, and purchasing goods and services from off-reservation suppliers. The number and value of economic contracts... |
1994 |
| Brian Abraham Wolf |
Eminent Domain |
23 Stetson Law Review 569 (Spring, 1994) |
The First District Court of Appeal held that the Florida Department of Environmental Regulation (DER), an administrative body, does not have the authority to review the decision of the condemnation authority concerning the reasonableness and necessity of condemnation. Id. at 553. The court also held that landowners have a substantial interest in... |
1994 |