| Author | Title | Citation | Summary | Year |
| Dr. Kristin Shrader-Frechette |
Environmental Justice and Native Americans: the Mescalero Apache and Monitored Retrievable Storage |
36 Natural Resources Journal 703 (Fall, 1996) |
In his article on siting a monitored retrievable storage (MRS) facility for spent nuclear fuel on Mescalero Apache land, Noah Sachs supports some aspects of the project and criticizes others. While some of his criticisms are defensible, most of his arguments supporting the facility are problematic. He argues (1) that paternalistic arguments against... |
1996 |
| Gregory P. Crinion, Tracey Smith Lindeen |
Environmental Law & Indian Lands |
69-SEP Wisconsin Lawyer 14 (September, 1996) |
American Indian tribes are assuming an increasing role in regulating activities that affect the air, water and land on tribal reservations. This expanding role results, in part, from efforts of the tribes to protect tribal lands through regulatory means. This expanding role also results from President Reagan's 1983 Federal Indian Policy encouraging... |
1996 |
| By Julie L. Caldwell-Hill |
Environmental Regulation in Native America |
24 Northern Kentucky Law Review 81 (1996) |
After the white man crossed the ocean, it was once agreed that: The Indian has also made boats to travel on these waters. The two parties will each put their boats parallel to each other. The white man's boat will be on the left, and the Indians' boat will be on the right. Each party will put his laws and religion into his boat. We have different... |
1996 |
| Dr. Mahnoush H. Arsanjani |
Environmental Rights and Indigenous Wrongs |
9 Saint Thomas Law Review 85 (Fall 1996) |
The early writers of international law were environmentally literate. Grotius, for example, in his great novel, The Law of War and Peace, prohibited certain potentially advantageous tactics because of their long-term environmental costs. But, the early writers lived in a preindustrial era, where it was reasonable to design a public order based on... |
1996 |
| Stuart Minor Benjamin |
Equal Protection and the Special Relationship: the Case of Native Hawaiians |
106 Yale Law Journal 537 (December, 1996) |
In the 1970s, the Supreme Court rejected several equal protection challenges to government programs that singled out members of Indian tribes, invoking a constitutionally grounded special relationship between the United States and Indian tribes under which tribal classifications were political, not racial, and were subject to mere rational basis... |
1996 |
| Major Ayres |
Executive Order 13007: Indian Sacred Sites |
1996-AUG Army Lawyer 28 (August, 1996) |
On 24 May 1996, the President issued an executive order regarding the protection and preservation of Indian religious practices and the accommodation of those practices. The order states, in part, that each executive branch agency with statutory or administrative responsibility for the management of federal lands shall, to the extent practicable,... |
1996 |
| Jason D. Kolkema |
Federal Policy of Indian Gaming on Newly Acquired Lands and the Threat to State Sovereignty: Retaining Gubernatorial Authority over the Federal Approval of Gaming on Off-reservation Sites |
73 University of Detroit Mercy Law Review 361 (Winter 1996) |
Indian gaming is often called the New Buffalo by many Native Americans. The industry is aptly named due to the fact that it has provided tribal nations with the first real means of maintaining an autonomous existence since the great buffalo roamed the plains centuries ago. Since 1987, Indian tribes have increasingly taken advantage of the... |
1996 |
| Stacie S. Polashuk |
Following the Lead of the Indian Child Welfare Act: Expanding Tribal Court Jurisdiction over Native American Juvenile Delinquents |
69 Southern California Law Review 1191 (March, 1996) |
In July 1994, Superior Court Judge for the state of Washington, James Allendoerfer, released two native Alaskan juveniles to their tribal court authorities for prosecution for assaulting and robbing a delivery man. Under Washington law, a crime of this nature carries a punishment of two and one-half to three and one-half years in state prison. In... |
1996 |
| Charles K. Bloeser |
Hayden-cartwright: a Ready Remedy for Oklahoma's Indian Fuel Tax Woes |
32 Tulsa Law Journal 139 (Fall 1996) |
The Oklahoma transportation infrastructure is close to a crisis . . . . Investment in transportation infrastructure is the key link to economic development . . . . In a decision that could cost (Oklahoma) and other states hundreds of millions of dollars, the United States Supreme Court declined to consider whether Congress has specifically... |
1996 |
| Michelle M. Sheidenberger |
Health and Welfare; Indian Tribes--child Welfare and Foster Care |
27 Pacific Law Journal 843 (Winter, 1996) |
Existing laws specifies that counties must implement Child Welfare Services (CWS) and the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, subject to regulations adopted by the State Department of Social Services (DSS). Chapter 724 authorizes the DSS, to the extent consistent with federal law, to enter into agreements with... |
1996 |
| Heidi Van Kirk |
Iii. Native American Issues |
26 Environmental Law 1000 (Fall 1996) |
A native Hawaiian family asserted its right to exclusively use and occupy the Ai'opio fish trap located within the Kaloko-Honokohau National Historic Park. The district court granted summary judgment for the United States. The Ninth Circuit wrote this opinion affirming the district court to clarify its decision in light of Public Access Shoreline... |
1996 |
| Martin H. Belsky |
Indian Fishing Rights: a Lost Opportunity for Ecosystem Management |
12 Journal of Land Use & Environmental Law 45 (Fall, 1996) |
I.. Introduction 45 II.. Historical Background 46 A. The Sohappy and Boldt Decisions 48 B. Boldt and Its Progeny Resource Allocation 49 C. Commercial Fishers Take Action 50 D. The United States Supreme Court on Indian Treaty Rights 52 E. Legislative Action 53 E. Judge Orrick's Decision Phase II 55 III.. The Ecosystem Management Model 58 A. The... |
1996 |
| Lisa Vanderhoof |
Indian Law |
73 Denver University Law Review 815 (1996) |
The Tenth Circuit recently decided several cases on the issue of tribal court jurisdiction over non-Indians. Following a brief general discussion of the history of federal Indian policy, this Survey will explore the Tenth Circuit's latest decisions regarding the tribal abstention doctrine and the Indian Child Welfare Act (ICWA). In Worcester v.... |
1996 |
| Beth Ganz |
Indigenous Peoples and Land Tenure: an Issue of Human Rights and Environmental Protection |
9 Georgetown International Environmental Law Review 173 (Fall, 1996) |
More countries must begin to recognize the land rights of their indigenous cultures. Land is a central part of the lives of indigenous people. Recognition and control over their traditional, often communal lands, is therefore necessary for the preservation of their culture. The lands of indigenous peoples are often rich in natural resources. If... |
1996 |
| Cynthia Ford |
Integrating Indian Law into a Traditional Civil Procedure Course |
46 Syracuse Law Review 1243 (1996) |
C1-3Contents L1-2Introduction R31243. I. Background. 1244 A. Demographics. 1244 B. Tribal Courts and Indian Law. 1247 II. Indian Law in the Current Law School Curriculum. 1251 III. Integration of Basic Indian Law into Required Courses. 1257 IV. A Proposal for the Use of Indian Law in Civil Procedure. 1260 A. Current Status of Indian Law in Civil... |
1996 |
| Richard A. Guest |
Intellectual Property Rights and Native American Tribes |
20 American Indian Law Review 111 (1995-1996) |
In recent years, several Native American tribes have begun a journey into the unfamiliar terrain of intellectual property rights as a means to assert their self-determination, secure economic independence, and protect their cultural identities. Although ideas about property have played a central role in shaping the American legal order, in the... |
1996 |
| Betty Pfefferbaum, Rennard Strickland, Everett R. Rhoades, Rose L. Pfefferbaum |
Learning How to Heal: an Analysis of the History, Policy, and Framework of Indian Health Care |
20 American Indian Law Review 365 (1995-1996) |
C1-3Table of Contents I. Introduction. 366 II. New Diseases and Minimal Intervention: Pre-Nineteenth Century. 367 III. Government Intervention: Nineteenth Century. 368 IV. Health as a Priority: Early Twentieth Century. 373 V. The Beginnings of Public Health Practices: 1921 to 1954. 376 VI. Official Transfer to the Public Health Service: 1955. 380... |
1996 |
| Owen J. Lynch |
Legal Challenges Beyond the Americas: Indigenous Occupants in Asia and Africa |
9 Saint Thomas Law Review 93 (Fall 1996) |
During the past six years, I have had the privilege to develop and manage an admittedly overambitious effort to help public interest lawyers and local communities in Asia, the Pacific, and more recently Africa. I deal with issues concerning hundreds of millions of indigenous peoples who effectively have no access to lawyers or legal avenues of... |
1996 |
| The Honorable Harry Lee Anstead |
Legal Ethics and the Struggle of Native Americans |
9 Saint Thomas Law Review Rev. 5 (Fall 1996) |
I asked our hostess when we arrived in the room if it was appropriate to give her a big hug instead of shaking her hand. It is so nice to be present at a conference where we discuss what can be done for people, as opposed to so many meetings where the focus is on what should be done to people. I congratulate St. Thomas Law School for hosting this... |
1996 |
| Yuanchung Lee |
Manifest Destiny Through Court Reform? |
105 Yale Law Journal 2013 (May, 1996) |
The last thirty years of the nineteenth century were, in the words of one historian, the most critical period in the whole history of Indian-white relations in the United States. During this time, the paradigm of federal Indian policy gradually shifted from one of exclusion and separation -- embodied by the forced removal of tribes and their... |
1996 |
| Major Ayres |
Native American Graves Protection and Repatriation Act Regulations Published |
1996-JUN Army Lawyer 67 (June, 1996) |
The DOI has promulgated regulations and procedures to develop a systematic process for determining the rights of lineal descendants, Indian tribes, and Native Hawaiian organizations to certain Native American human remains, funerary objects, sacred objects, or objects of cultural patrimony with which they are affiliated. The regulations took effect... |
1996 |
| Lenora Ledwon |
Native American Life Stories and "Authorship": Legal and Ethical Issues |
9 Saint Thomas Law Review 69 (Fall 1996) |
In our culture--undoubtedly in others as well--discourse was not originally a thing, a product, or a possession, but an action situated in a bipolar field of sacred and profane, lawful and unlawful, religious and blasphemous. It was a gesture charged with risks long before it became a possession caught in a circuit of property values. Juridical... |
1996 |
| Robert A. Fairbanks |
Native American Sovereignty and Treaty Rights: Are They Historical Illusions? |
20 American Indian Law Review 141 (1995-1996) |
Native American peoples, and their governments, steadfastly claim they possess sovereignty. Moreover, they vociferously demand that local, state and federal governments honor and respect their sovereignty. However, given the conservative political climate that has swept the United States, Native American peoples can expect strong challenges to... |
1996 |
| Berta Esperanza HernÁndez-Truyol |
Natives, Newcomers and Nativism: a Human Rights Model for the Twenty-first Century |
23 Fordham Urban Law Journal 1075 (Summer 1996) |
Editor's Note: This article was completed prior to the Fifth Annual Stein Center Symposium on Contemporary Urban Challenges, which took place on February 28, 1996. Since that time, several then-pending anti-immigrant bills discussed below have been enacted into law. Without changing the author's analysis, these enactments provide additional... |
1996 |
| Rennard Strickland , Gloria Valencia-Weber |
Observations on the Evolution of Indian Law in the Law Schools |
26 New Mexico Law Review 153 (Spring, 1996) |
Rennard Strickland: I want to tell you how truly pleased I am to be here today, in fact, so pleased that I left the Association of American Law Schools (AALS) Executive Committee in Washington and flew in last night so I could be here. I worked on a new title for my speech today. I've retitled it Teaching Indian Law as a Jurisprudential Curiosity:... |
1996 |
| Naomi Roht-Arriaza |
Of Seeds and Shamans: the Appropriation of the Scientific and Technical Knowledge of Indigenous and Local Communities |
17 Michigan Journal of International Law 919 (Summer 1996) |
Introduction. 920 I. The Scientific and Technical Knowledge of Indigenous and Local Communities. 921 II. Mechanisms of Appropriation: What Counts as Valuable Knowledge?. 929 A. Wildness, Landraces, and the Construction of Agricultural Value. 931 B. Nonrecognition of Informal Innovation Systems. 935 1. Novelty or Newness. 936 2. Nonobviousness or... |
1996 |
| Richard W. Garnett |
Once More into the Maze: United States V. Lopez, Tribal Self-determination, and Federal Conspiracy Jurisdiction in Indian Country |
72 North Dakota Law Review 433 (1996) |
United States v. Lopez reflects a new appreciation for first principles of federalism, subsidiarity, and localism. Our Constitution, the Court in Lopez reminded us, both presumes and protects splintered and diffused, yet balanced, sovereignty and power. Now, there is always the danger of reading too much into one case; the holding in Lopez was... |
1996 |
| Palma Repole |
ONE TRIBE'S DEVELOPMENT OF A COMMERCIAL WASTE FACILITY IN THE WAKE OF ENVIRONMENT RACISM |
1 Great Plains Natural Resources Journal 129 (Spring 1996) |
I. Introduction. 129 II. Commercial Waste Vendors Attracted to Vulnerable Communities. 131 III. Improved Indian Lands and the Regulatory Loophole. 133 IV. Residence to Tribal Government Filling the Loophole. 136 V. An Argument for State Regulatory Authority Over Tribes. 137 VI. The Campo Model Closes the Loophole and Preserves Sovereignty. 138 A.... |
1996 |
| Feisal Hussain Naqvi |
People's Rights or Victim's Rights: Reexamining the Conceptualization of Indigenous Rights in International Law |
71 Indiana Law Journal 673 (Summer, 1996) |
INTRODUCTION. 674 1. AN INTRODUCTION TO THE KALASH. 676 A. The Kalash in History. 676 B. The Kalash Today. 686 1. Kalash Society and Its Environment. 687 2. The Structure of Kalash Representation. 695 C. Conclusion. 696 II. INTERNATIONAL LAW AND THE RIGHTS OF THE KALASH. 698 A. The Rights of Minorities and Indigenous Peoples (1500-1947). 698 1. The... |
1996 |
| Christine Metteer |
Pigs in Heaven: a Parable of Native American Adoption under the Indian Child Welfare Act |
28 Arizona State Law Journal 589 (Summer, 1996) |
For eighteen years the Indian Child Welfare Act (ICWA) has provided protection against the removal of Indian children from their Indian culture. Such protection is afforded not only to Indian children and Indian parents, but also, and of equal importance, to Indian tribes. However, a recent California case, In re Bridget R., has raised questions... |
1996 |
| Pat Smith |
Point: Seminole Tribe of Florida V. Florida a Victory for States' Rights; Indian Gaming Act Caught in the Crossfire |
21-SEP Montana Lawyer 21 (July/August, 1996) |
Editor's Note: The U.S. Supreme Court decision in Seminole Tribe has dramatic impact on both Indian law and states' rights issues across the U.S., including Montana. The two articles below present a point-counterpoint view of that important decision. In Seminole Tribe of Florida v. Florida, 116 S.Ct. 1114 (March 27, 1996), Indian gaming was caught... |
1996 |
| Vine Deloria, Jr. |
Reserving to Themselves: Treaties and the Powers of Indian Tribes |
38 Arizona Law Review 963 (Fall, 1996) |
The full impact of the Reagan-Bush judicial appointments is now clear. The federal judiciary is embracing the conservative, indeed, reactionary posture of the 1890s, and as the pendulum swings even further to the right, there is a danger that Plessy v. Ferguson will once again become mainstream constitutional law. In Indian affairs the old... |
1996 |
| Wendell Chino |
Response to the Mescalero Apache Indians and Monitored Retrievable Storage of Spent Nuclear Fuel: a Study in Environmental Ethics |
36 Natural Resources Journal 673 (Fall, 1996) |
The following is in response to a draft article entitled The Mescalero Apache Indians and Monitored Retrievable Storage of Spent nuclear Fuel: A Study in Environmental Ethics by Noah Sachs. This response was edited by Wendell Chino, President of the Mescalero Apache Tribe. We would like the readership of the Natural Resources Journal to note that... |
1996 |
| Jeff Brown |
Rye V. Weasel: Applying the Indian Child Welfare Act of 1978 to Satisfy Conflicting Interests and Congressional Intent |
34 University of Louisville Journal of Family Law 935 (Fall, 1995-1996) |
The chances of Indian survival are significantly reduced if our children, the only real means for the transmission of the tribal heritage, are to be raised in non-Indian homes and denied exposure to the ways of Their People. 'I'm afraid the tribe will win.' But she sees Kayla's face could up as she says it, so she moves to reassure. 'We're a... |
1996 |
| |
S. James Anaya, Indigenous Peoples in International Law (New York: Oxford University Press, 1996), Pp. Xi, 267. |
37 Virginia Journal of International Law 267 (Fall 1996) |
This book is a thorough study of the development and practices of international law as it affects the world's indigenous peoples, culturally distinct groups that are descended from the original inhabitants of territories colonized and dominated by others. S. James Anaya describes the early evolution of a Eurocentric international law intertwined... |
1996 |
| Anastasia P. Winslow |
Sacred Standards: Honoring the Establishment Clause in Protecting Native American Sacred Sites |
38 Arizona Law Review 1291 (Winter, 1996) |
L1-2Introduction 1292. M5I. Christian and Native American Religions Compared. 1294 A. On God. 1295 B. On Human Nature. 1297 C. On the Environment. 1297 D. On Time and Space. 1298 E. On Individuality. 1299 F. On Substance Use. 1299 G. On Universal Truths. 1301 II. Traditional Establishment Clause Rules and Their Application to Native American Sacred... |
1996 |
| Allison M. Dussias |
Science, Sovereignty, and the Sacred Text: Paleontological Resources and Native American Rights |
55 Maryland Law Review 84 (1996) |
Land is the only thing in the world that amounts to anything . . . for tis the only thing in this world that lasts. . . . Tis the only thing worth working for, worth fighting for -- worth dying for. -- Gone with the Wind You have driven away our game and our means of livelihood out of the country, until now we have nothing left that is valuable... |
1996 |
| William E. Horwitz |
Scope of Gaming under the Indian Gaming Regulatory Act of 1988 after Rumsey V. Wilson: White Buffalo or Brown Cow? |
14 Cardozo Arts and Entertainment Law Journal 153 (1996) |
Introduction . 153 I. History of Gambling . 155 II. History of Indian Gaming . 158 III. Legislative History of IGRA . 164 IV. Cabazon . 166 V. IGRA . 172 VI. Post-IGRA Case Law . 174 A. Second Circuit . 176 B. Seventh Circuit . 179 C. Eighth Circuit . 182 D. Ninth Circuit . 183 VII. Rumsey I and II . 186 Epilogue: Senate Bill 2230 . 195 Conclusion... |
1996 |
| Jon M. Van Dyke , Carmen Di Amore-Siah , Gerald W. Berkley-Coats |
Self-determination for Nonself-governing Peoples and for Indigenous Peoples: the Cases of Guam and Hawai'i |
18 University of Hawaii Law Review 623 (Summer/Fall, 1996) |
The people who inhabit nonself-governing territories (such as the five U.S.-flag territories and commonwealths) have a right to self-determination and self-governance under international law. In addition, the indigenous peoples in these, and other, communities have rights under international (and domestic) law that are separate and distinct from... |
1996 |
| Stacy L. Leeds |
Southern Ute Indian Tribe V. Amoco Production Company: Judicial Construction of Coalbed Methane Gas Ownership |
17 Energy Law Journal 489 (1996) |
In recent years, heightened interest in the commercial recovery of coalbed methane gas (CBM gas) has been spurred by technological advances and congressional incentives. Actual CBM gas production in the United States rose from 26 bcf in 1987 to 348 bcf in 1991 , and CBM gas currently accounts for six percent of all proven gas reserves. The United... |
1996 |
| Vicki J. Limas |
SOVEREIGNTY AS A BAR TO ENFORCEMENT OF EXECUTIVE ORDER NO. 11,246 IN FEDERAL CONTRACTS WITH NATIVE AMERICAN TRIBES |
26 New Mexico Law Review 257 (Spring, 1996) |
Native American tribes, as employers, are exempt from coverage by federal statutes prohibiting discrimination in employment. However, tribes' contracts with the federal government and their subcontracts with prime federal contractors contain antidiscrimination-in-employment clauses authorized by Executive Order No. 11,246 and others. These... |
1996 |
| Vicki J. Limas |
Sovereignty as a Bar to Enforcement of Executive Order No.11,246 in Federal Contracts with Native American Tribes |
26 New Mexico Law Review 257 (Spring, 1996) |
Native American tribes, as employers, are exempt from coverage by federal statutes prohibiting discrimination in employment. However, tribes' contracts with the federal government and their subcontracts with prime federal contractors contain antidiscrimination-in-employment clauses authorized by Executive Order No. 11,246 and others. These... |
1996 |
| Susan J. Hemp |
State Court Versus Tribal Court Jurisdiction in an Indian Child Custody Case |
84 Illinois Bar Journal 217 (April, 1996) |
Illinois law, along with the federal Indian Child Welfare Act, is controlling on issues of domicile and abandonment of Native American children. In re Adoption of S.S. & R.S., 167 Ill 2d 250, 657 NE2d 935 (1995). In In re Adoption of S.S. & R.S., the Illinois Supreme Court found that the Indian Child Welfare Act (ICWA) does not mandate exclusive... |
1996 |
| Natasha Summit |
State V. Kenaitze Indian Tribe : a "Journey" for Subsistance Rights |
13 Thomas M. Cooley Law Review 615 (Trinity Term, 1996) |
tuneyashi the snow begins to melt tlkhu-khakeneu people catch king salmon talkheneu the geese come flying koonaneo people catch pink salmon banan-kantlkhtsi the berries ripen banan-ttstanashi people come away from the hills banan-ktichiki the foliage is red bkanchenshane the earth grows cold golchana-naga people go to visit one another takoshi the... |
1996 |
| Ray Torgerson |
Sword Wielding and Shield Bearing: an Idealistic Assessment of the Federal Trust Doctrine in American Indian Law |
2 Texas Forum on Civil Liberties & Civil Rights 165 (Summer 1996) |
Since the inception of the United States, the American Indian tribes have occupied a distinct and unique seat at the table of jurisprudence. Aside from the Constitutional sources through which the federal government assumes authority over the Indian tribes, other doctrines have evolved to inform this special relationship and to shape the contours... |
1996 |
| Eric V. Meeker |
Termination of Parental Rights |
17 Journal of Juvenile Law 265 (1996) |
In the Interest of J.W., considered the interaction of federal legislation protecting the rights of Native American Tribes with state law governing the termination of parental rights. The Court of Appeals of Iowa upheld the termination of the parental rights of Grace W., a Native American, by a state court. Grace, a member of the Omaha Tribe and... |
1996 |
| Robert J. Miller , Maril Hazlett |
The "Drunken Indian": Myth Distilled into Reality Through Federal Indian Alcohol Policy |
28 Arizona State Law Journal 223 (Spring, 1996) |
[I]f it be the Design of Providence to extirpate these Savages in order to make room for Cultivators of the Earth, it seems not improbable that Rum may be the appointed Means. Benjamin Franklin I. Introduction: Myth of the Drunken Indian Versus the Reality. 225 II. Theories on Indian Alcohol Use. 229 A. Biologic or Genetic Predisposition. 229 B.... |
1996 |
| S. James Anaya |
The Awas Tingni Petition to the Inter- American Commission on Human Rights: Indigenous Lands, Loggers, and Government Neglect in Nicaragua |
9 Saint Thomas Law Review 157 (Fall 1996) |
The dense tropical forests of Nicaragua's Atlantic Coast region have been targeted by transnational corporations. Government officials, who are eager to see the country's natural resources developed into financial bounty, have welcomed these corporations. However, these same forests are home to numerous Miskito, Rama, and Sumo people. On March 13,... |
1996 |
| Osvaldo Kreimer, Ph.D. |
The Beginnings of the Inter-american Declaration on the Rights of Indigenous Peoples |
9 Saint Thomas Law Review 271 (Fall 1996) |
One of the basic principles in the Charter of the Organization of American States is respect for the fundamental rights of the individual, without distinction as to race, nationality, creed, or sex. The Inter-American Commission on Human Rights (IACHR) seeks to promote and defend these rights. In the late 1980's, the IACHR, trying to promote... |
1996 |
| Ben Dewar |
The Campo Indian Landfill War: the Fight for Gold in California's Garbage by Dan Mcgovern. Norman: University of Oklahoma Press, 1995. Pp. Xiii, 325. $24.95. |
23 Ecology Law Quarterly 504 (1996) |
We study history not only to understand the past, but also to apply this understanding to the future. In The Campo Indian Landfill War, Dan McGovern chronicles an environmental dispute over a proposed landfill on Campo Indian reservation land in California. Designed to serve the waste disposal needs of southern California cities, the landfill... |
1996 |