| Author | Title | Citation | Summary | Year |
| Maria Stavroupoulou |
Indigenous Peoples Displaced from Their Environment: Is There Adequate Protection? |
5 Colorado Journal of International Environmental Law and Policy 105 (Winter, 1994) |
Indigenous peoples have a special right to their environment. As a result, they must be afforded even stronger protection than others against removal from their environment. Should displacement take place, they should be guaranteed full protection and assisted in returning to their original lands as soon as possible. This article examines the... |
1994 |
| Russel Lawrence Barsh |
Indigenous Peoples in the 1990s: from Object to Subject of International Law? |
7 Harvard Human Rights Journal 33 (Spring, 1994) |
The society of all humankind stands opposed to the club of states, and one of the primary rules of the latter has been to deny membership to the former. Since work began on the first United Nations study of discrimination against indigenous populations in 1971, the attention given to indigenous peoples by international institutions and the... |
1994 |
| Dean B. Suagee , Christopher T. Stearns |
Indigenous Self-government, Environmental Protection, and the Consent of the Governed: a Tribal Environmental Review Process |
5 Colorado Journal of International Environmental Law and Policy 59 (Winter, 1994) |
Indigenous peoples seek recognition under international law of their collective human rights to govern themselves within their traditional homelands. They seek assistance in defending their homelands against environmentally destructive and culturally devastating so-called development. The Draft Declaration of the Rights of Indigenous Peoples... |
1994 |
| Robert K. Hitchcock |
International Human Rights, the Environment, and Indigenous Peoples |
5 Colorado Journal of International Environmental Law and Policy Pol'y 1 (Winter, 1994) |
The General Assembly of the United Nations, (UN), declared in December 1991 that the year beginning October 1, 1992, would be The International Year for the World's Indigenous People. The goal of the International Year designation was to strengthen efforts to increase coordination, cooperation, and technical assistance for the solution of... |
1994 |
| Louise Klaila, Esquire |
Introduction to the Indian Child Welfare Act |
9 Maine Bar Journal 412 (November, 1994) |
The Indian Child Welfare Act (ICWA) is a federal statute that applies to custody litigation involving Indian children. Every responsible family law practitioner, as well as anyone whose practice includes representation of children and juveniles, should be familiar with ICWA yet it is one of the most overlooked areas of the law. Few law schools... |
1994 |
| Michael L. Chiropolos |
Inupiat Subsistence and the Bowhead Whale: Can Indigenous Hunting Cultures Coexist with Endangered Animal Species? |
5 Colorado Journal of International Environmental Law and Policy 213 (Winter, 1994) |
The mind we know in dreaming, a nonrational, nonlinear comprehension of events in which slips in time and space are normal, is, I believe, the conscious working mind of an aboriginal hunter. It is a frame of mind that redefines patience, endurance, and expectation. . . . The focus of a hunter in a hunting society was not killing animals but... |
1994 |
| |
Iv. Native Rights |
24 Environmental Law 1274 (7/1/1994) |
The Ninth Circuit held that the Tok Terminal in Alaska was unavailable to Tanacross, Inc., a native Alaskan village, for native selection under the Alaska Native Claims Settlement Act. Tanacross conceded that lands withdrawn for national defense purposes were explicitly excepted from native selection, that the Tok Terminal had been previously... |
1994 |
| Hannibal B. Johnson |
John R. Wunder, "Retained by the People"-- a History of American Indians and the Bill of Rights. (Oxford Univeristy Press 1994). |
22 Southern University Law Review 117 (Fall, 1994) |
Retained By The People cogently argues that the schizophrenic legal relationship between Native Americans and the United States government has created, sustained and perpetuated many of the still-existent fictions surrounding Native American people and culture. Historically, the treatment of Native Americans in their homeland by the United States... |
1994 |
| William J. Murphy |
Jurisdiction -- Sovereign Immunity -- Business Owned by Native American Nation Granted Sovereign Immunity from Suit Arising from its Private Off-reservation Transaction, in re Greene, 980 F.2d 590 (9th Cir. 1992), Cert. Denied, 114 S. Ct. 681 (1994). |
17 Suffolk Transnational Law Review 599 (Spring 1994) |
Since the early nineteenth century, the United States Supreme Court has recognized Native American tribes as sovereign nations by virtue of their aboriginal existence in what is now the United States. Consequently, Native American nations have been granted the same immunity from suit traditionally extended to foreign sovereign powers. In In Re... |
1994 |
| Ronald J. Rychlak |
Law of the Mother: Protecting Indigenous People in Protected Areas, Edited by Elizabeth Kemp. San Francisco: Sierra Club Books, 1993. Pp. 296. $25.00. |
13 Stanford Environmental Law Journal 451 (5/1/1994) |
In Law of the Mother: Protecting Indigenous Peoples in Protected Areas, Elizabeth Kemp collects and edits several essays relating to tribal, native, ethnic, aboriginal or remote-dwelling people and efforts to protect the environment surrounding them. This is an important subject -- the world holds between 200 and 600 million indigenous people in... |
1994 |
| Barbara S. Falcone |
Legal Protections (Or the Lack of Thereof) of American Indian Sacred Religious Sites |
41 Federal Bar News & Journal 568 (September, 1994) |
Indians do not have the same religious freedoms as other Americans, even though their ceremonies developed thousands of years before Europeans, ... many of them fleeing religious persecution ... settled in the United States .... Respect should be given to a religion that does not involve going to church one day a week, but which is based on the... |
1994 |
| David Williams |
Legitimation and Statutory Interpretation: Conquest, Consent, and Community in Federal Indian Law |
80 Virginia Law Review 403 (March, 1994) |
EVERY theory of statutory interpretation rests on an understanding of the legitimate basis of government and the separation of powers. To explain how courts should go about construing statutes, an interpretive theory must delineate why those texts command devotion. That explanation, in turn, will lead the decisionmaker to propose a role for the... |
1994 |
| Shivadev Shastri |
Lessons for the European Community from the Indian Experience with Federalism |
17 Hastings International and Comparative Law Review 633 (Spring, 1994) |
I. Introduction. 633 II. Federalism Defined. 635 III. Indian Federalism. 635 A. The Constitutional Structure. 637 B. The Dynamics of Center-State Relations. 640 C. Controversial Features of Indian Federalism. 644 IV. The Evolution Of The European Community. 646 A. EC Institutional Structure. 647 B. The Workings of the Emerging EC System. 649 V. A... |
1994 |
| Robert A. Williams, Jr. |
Linking Arms Together: Multicultural Constitutionalism in a North American Indigenous Vision of Law and Peace |
82 California Law Review 981 (7/1/1994) |
In July of 1645, an Iroquois chief named Kiotseaeton approached the French colonial settlement at Three Rivers, New France, Canada, in a small boat. He was accompanied by two other Iroquois ambassadors and a Frenchman, Guillaume Cousture. Cousture had been taken hostage three years earlier in the Iroquois' long-running war with the French and the... |
1994 |
| Robert D. Garrett |
Mediation in Native America |
49-MAR Dispute Resolution Journal 38 (March, 1994) |
Native American tribal peoples possessed an extensive culture and complex system of social relations long before the advent of European colonization and the destruction of indigenous civilization. One of the elements of that culture consisted of sophisticated mechanisms for resolving disputes within and between communities. The legal systems... |
1994 |
| Judith V. Royster |
Mineral Development in Indian Country: the Evolution of Tribal Control over Mineral Resources |
29 Tulsa Law Journal 541 (Spring/Summer, 1994) |
I. Introduction II. Tribes as Proprietors: Ownership of the Mineral Estate A. Tribal Trust Lands B. Allotted Lands C. Fee Lands III. Tribes as Lessors: Exploitation of the Mineral Estate A. Mineral Leasing in the Allotment Era B. Indian Reorganization Act of 1934 C. Indian Mineral Leasing Act of 1938 1. Uniformity of Laws 2. Tribal Self-Government... |
1994 |
| Jon D. Erickson, Duane Chapman, Ronald E. Johnny |
Monitored Retrievable Storage of Spent Nuclear Fuel in Indian Country: Liability, Sovereignty, and Socioeconomics |
19 American Indian Law Review 73 (1994) |
Federal nuclear spent fuel policy has evolved into soliciting Indian tribal and state units of government to volunteer for hosting temporary waste storage, Monitored Retrievable Storage (MRS). Through the United States Office of the Nuclear Waste Negotiator (NWN), feasibility study grants have been awarded almost exclusively to Native American... |
1994 |
| Antonia M. De Meo |
More Effective Protection for Native American Cultural Property Through Regulation of Export |
19 American Indian Law Review Rev. 1 (1994) |
Brothers, -- You see this vast country before us, which the Great Spirit gave to our fathers and us; you see the buffalo and deer that now are our support. -- Brothers, you see these little ones, our wives and children, who are looking to us for food and raiment; and you now see the foe before you, that they have grown insolent and bold; that all... |
1994 |
| Steve McKinney |
Native American Resources |
9-SUM Natural Resources & Environment 38 (Summer, 1994) |
Suagee, D.B. & Stearns, C.T., Indigenous Self-Government, Environmental Protection, and the Consent of the Governed: A Tribal Environmental Review Process, 5 Colorado Journal of International Environmental Law and Policy 59 (1994). This article explores the complicated issue of tribal self-government in the environmental protection field. It... |
1994 |
| |
Native American Team Names in Athletics: It's Time to Trade These Marks. By Paul E. Loving. 13 Loyola of Los Angeles Entertainment Law Journal 1-44, 1992. (Order From: Loyola Law School-entertainment Law Journal, 1441 West Olympic Boulevard, Los Angeles, |
84 The Trademark Reporter 373 (May-June, 1994) |
This student article provides a summary of the objections and underlying rationales that have been raised in protest against the use and federal registration of Native American names, themes, and mascots in connection with professional, collegiate, and high school athletic teams. The thesis of the article is that the Lanham Act's cancellation... |
1994 |
| |
Native Hawaiians and International Law |
1994-SEP Hawaii Bar Journal 24 (September, 1994) |
The Native Hawaiian Bar Association's final luncheon seminar on September 28 features Native Hawaiians and International Law. Attorney William Meheula will introduce a discussion of the decolonization process and the developing area of indigenous people's rights. Professor Jon Van Dyke and Mililani Trask will share their views of Hawaiian... |
1994 |
| Roger Romulus Martella, Jr. |
Not in My State's Indian Reservation--a Legislative Fix to Close an Environmental Law Loophole |
47 Vanderbilt Law Review 1863 (November, 1994) |
I. Introduction. 1864 II. A Distressed Situation on Pristine Lands. 1867 III. Tribal Sovereignty and State Pollution Laws. 1872 A. The Tribal Sovereignty Doctrine and its Rationale. 1872 B. The Infringement-Preemption Test. 1875 1. Regulation of Tribal Activities. 1877 2. Regulation of Nonnative Activities. 1878 C. State Environmental Protection... |
1994 |
| Nancy B. Collins , Andrea Hall |
Nuclear Waste in Indian Country: a Paradoxical Trade |
12 Law & Inequality: A Journal of Theory and Practice 267 (June, 1994) |
In the colonial and neocolonial alchemy, gold changes to scrap metal and food into poison . . . [We] have become painfully aware of the mortality of wealth which nature bestows and imperialism appropriates. A radiological revolution occurred in the United States a half century ago, marking the beginning of nuclear production on this planet. Nuclear... |
1994 |
| Aviam Soifer |
Objects in Mirror Are Closer than They Appear |
28 Georgia Law Review 533 (Winter 1994) |
The words of the Ba'al Shem Tov inscribed at Yad Vashem, the Holocaust Memorial in Jerusalem, remind us that The key to redemption is remembrance. Remembrance itself is a mitzvah, a sacred obligation anchored in repeated scriptural injunctions. Children who become bar and bat mitzvot at age thirteen may learn that the verb zakhor (remember)... |
1994 |
| Mark D. Poindexter |
Of Dinosaurs and Indefinite Land Trusts: a Review of Individual American Indian Property Rights Amidst the Legacy of Allotment |
14 Boston College Third World Law Journal 53 (Winter, 1994) |
The time-honored adage that a person's greatest investment is his or her house fails to acknowledge adequately what every first-year property law student will learn: the house is but a glorified fixture of the real propertythe land. Houses rise and fall with the vicissitudes of human whim, and the relentless, often unpredictable course of... |
1994 |
| Carole Goldberg-Ambrose |
Of Native Americans and Tribal Members: the Impact of Law on Indian Group Life |
28 Law and Society Review 1123 (1994) |
Law has influenced the shape of Indian group life by providing economic or political incentives for groups to organize along particular lines, by forcing groups into closer proximity with one another or separating them, and by creating an official vocabulary for the discussion of group life. The most striking effect of law has been to focus the... |
1994 |
| Carole Goldberg-Ambrose |
OF NATIVE AMERICANS AND TRIBAL MEMBERS: THE IMPACT OF LAW ON INDIAN GROUP LIFE |
28 Law and Society Review 1123 (1994) |
Law has influenced the shape of Indian group life by providing economic or political incentives for groups to organize along particular lines, by forcing groups into closer proximity with one another or separating them, and by creating an official vocabulary for the discussion of group life. The most striking effect of law has been to focus the... |
1994 |
| Mike McBride, III |
Oklahoma's Civil-adjudicatory Jurisdiction over Indian Activities in Indian Country: a Critical Commentary on Lewis V. Sac & Fox Tribe Housing Authority |
19 Oklahoma City University Law Review 81 (Spring, 1994) |
C1-3TABLE OF CONTENTS I. Introduction. 82 II. The Lewis Factual Context. 84 III. The Tribal/State Jurisdictional Conflict in Oklahoma. 88 A. In General. 88 B. Civil-Adjudicatory Jurisdiction. 92 1. The Backdrop of Tribal Sovereignty. 92 2. The Presumption. 97 3. Oklahoma's Constitutional Disclaimer. 108 4. Public Law 280. 111 5. Abstention. 116 6.... |
1994 |
| Gina M. Watumull |
Pele Defense Fund V. Paty: Exacerbating the Inherent Conflict Between Hawaiian Native Tenant Access and Gathering Rights and Western Property Rights |
16 University of Hawaii Law Review 207 (Summer, 1994) |
I. L2-3Introduction 208 II. L2-3Facts 210 III. L2-3History of the Law 212 A. The Origin of Hawaiian Native Tenant Rights. 212 B. Access and Gathering Rights for Subsistence, Cultural, and Religious Purposes. 219 C. The Constitutional and Statutory Bases of Hawaiian Native Tenant Rights. 221 D. Legislative History. 223 E. Prior Case Law. 227 1.... |
1994 |
| Susan Staiger Gooding |
PLACE, RACE, AND NAMES: LAYERED IDENTITIES IN UNITED STATES v. OREGON, CONFEDERATED TRIBES OF THE COLVILLE RESERVATION, PLAINTIFF-INTERVENOR |
28 Law and Society Review 1181 (1994) |
While Native American treaty rights are one of the strongest instances of legally protected rights to social and cultural particularity in the United States and internationally, treaties and treaty litigation are also deeply racializing forms of legal discourse. This essay explores the dynamics between law and culture in the United States and the... |
1994 |
| Pam Bunn, Wayne Costa |
Public Access Shoreline Hawaii V. Hawaii County Planning Commission: the Affirmative Duty to Consider the Effect of Development on Native Hawaiian Gathering Rights |
16 University of Hawaii Law Review 303 (Summer, 1994) |
Finally, there remains a percentage, not large indeed, and yet not so small as to be negligible, where a decision one way or the other, will count for the future, will advance or retard, sometimes much, sometimes little, the development of the law. In Public Access Shoreline Hawaii v. Hawaii County Planning Commission (PASH), the Intermediate Court... |
1994 |
| Terry L. Anderson, Fred S. McChesney, Montana State University, Emory University |
Raid or Trade? An Economic Model of Indian-white Relations |
37 Journal of Law & Economics 39 (April, 1994) |
[W]hen it was no longer safe to seize valuables by main force, trade offered an alternative way of getting possession. . . . Oscillation between raiding and trading has certainly occurred repeatedly in history. Whites came to America brandishing royal charters that allocated rights to resources among each national group (although not among groups... |
1994 |
| Catherine M. Ovsak |
Reaffirming the Guarantee: Indian Treaty Rights to Hunt and Fish Off-reservation in Minnesota |
20 William Mitchell Law Review 1177 (1994) |
I. Introduction. 802 II. Background on Indian Treaties. 803 A. Origins. 803 B. Statutory Canons. 805 III. Regulation of Treaty Rights. 808 A. Federal Regulation. 808 1. Regulations Limiting Treaty Rights. 808 2. Regulations Protecting Treaty Rights. 809 B. Tribal Regulation. 811 1. Origin and Extent of Regulation. 811 2. Recognition of Tribal... |
1994 |
| Joseph William Singer |
Remembering What Hurts Us Most: a Critique of the American Indian Law Deskbook |
24 New Mexico Law Review 315 (Spring, 1994) |
[M]uch of what has been published [about American Indian law] has been polemical rather than pure scholarship, not surprising given the emotion this topic often arouses. -American Indian Law Deskbook How much do we remember of what hurts us most? I've been thinking about pain, how each of us constructs our past to justify what we feel now. -Sherman... |
1994 |
| Alex Tallchief Skibine |
Removing Race Sensitive Issues from the Political Forum: or Using the Judiciary to Implicitly Take Someone's Country |
20 Journal of Contemporary Law L. 1 (1994) |
Now that the Israelis and the Palestinians are finally willing to talk to each other, one has to wonder who will have jurisdiction over the Jewish settlements in the West Bank. Although Israel seems willing to recognize some Palestinian territorial sovereignty in the West Bank, it is unlikely that Israel will automatically recognize full... |
1994 |
| Jeanne Louise Carriere |
Representing the Native American: Culture, Jurisdiction, and the Indian Child Welfare Act |
79 Iowa Law Review 585 (March, 1994) |
C1-3Table of Contents L1-2Introduction R3587. I. Cultural Critique and the ICWA. 590 A. The Theory of the Subject. 590 B. The Native American As Legal Subject. 593 C. Assimilation, Sovereignty, and Subjectivity. 594 D. Subjectivity and the ICWA. 597 II. The Native American Subject and the ICWA. 600 A. Cultural Consequences of State Jurisdiction:... |
1994 |
| David G. Bercaw |
Requiem for Indiana Jones : Federal Law, Native Americans, and the Treasure Hunters |
30 Tulsa Law Journal 213 (Fall, 1994) |
Again, the kingdom of heaven is like unto treasure hid in a field; the which when a man hath found, he hideth, and for joy thereof goeth and selleth all that he hath, and buyeth that field. We come now to more tales of avarice, treachery, and ignorance. Lore of buried treasure and treasure trove are a part of our culture. Most of us, at one time,... |
1994 |
| Katharine F. Nelson |
Resolving Native American Land Claims and the Eleventh Amendment: Changing the Balance of Power |
39 Villanova Law Review 525 (1994) |
I. Introduction . 526 II. Indian Title and the Nonintercourse Act . 530 III. The History of Tribal Access to the Federal Courts . 533 A. Before Oneida I and II . 533 B. Oneida I . 542 C. Oneida II . 543 IV. Negotiated Settlements . 546 A. Land Claims . 546 B. Defenses in Land Claim Actions . 552 C. Negotiated Settlements . 556 D. Examples of... |
1994 |
| Stephen Paul McSloy |
Revisiting the "Courts of the Conqueror" |
41 Federal Bar News & Journal 552 (September, 1994) |
Though American Indian claims against the United States make up only a small portion of the dockets of the Court of Federal Claims and the Federal Circuit, they do involve millions of dollars of potential government liability, and, from the Indian perspective, represent the only possible source of redress for actions taken by the United States in... |
1994 |
| Steven Paul McSloy |
Revisiting the "Courts of the Conqueror": American Indian Claims Against the United States |
44 American University Law Review 537 (December, 1994) |
Introduction I. Time Bars A. Catawba Indian Tribe of South Carolina B. Fort Mojave Indian Tribe C. Sankey D. Cherokee Nation of Oklahoma and Choctaw Nation of Oklahoma & Chickasaw Nation E. Dawes F. Tunica-Biloxi Tribe G. Tabbee H. Pottawatomi Nation in Canada I. Te-Moak Bands of Western Shoshone Indians of Nevada J. Casey-El II. The Narrow... |
1994 |
| Jody Neal-Post |
Sacred Sites and Federal Land Management: an Analysis of the Proposed Native American Free Exercise of Religion Act of 1993 |
34 Natural Resources Journal 443 (Spring, 1994) |
In 1978 Congress passed the American Indian Religious Freedom Act (AIRFA). AIRFA's purpose was to state a congressional policy of protecting and preserving the inherent right of Native Americans to believe, express, and exercise their traditional religions, including but not limited to access to religious sites. Since its passage the United... |
1994 |
| Rebecca Tsosie |
Separate Sovereigns, Civil Rights, and the Sacred Text: the Legacy of Justice Thurgood Marshall's Indian Law Jurisprudence |
26 Arizona State Law Journal 495 (Summer, 1994) |
When Justice Thurgood Marshall stepped down from the Supreme Court, many people mourned the loss of his vision of equality, civil rights, and justice. Marshall's vision lives on in his opinions, however, providing a legacy for future courts grappling with difficult issues such as sovereignty, civil rights, federalism, and individual liberty.... |
1994 |
| Gina McGovern |
Settlement or Adjudication: Resolving Indian Reserved Rights |
36 Arizona Law Review 195 (Spring, 1994) |
Many Western states currently are engaged in extensive and protracted water rights litigation. The goal of these general stream adjudications is to comprehensively and conclusively determine all the state and federal water rights to a particular river system and source. These adjudications are important to the arid Western states because they... |
1994 |
| James A. Casey |
Sovereignty by Sufferance: the Illusion of Indian Tribal Sovereignty |
79 Cornell Law Review 404 (January, 1994) |
In his first inaugural address, President Andrew Jackson stated that the Cherokees would receive as much humane and considerate attention to their rights' as was consistent with the habits of our Government and the feelings of our people. Echoing this statement, the Supreme Court noted in In re Mayfield that Congress would allow the... |
1994 |
| Philip S. Deloria |
The American Indian Law Center: an Informal History |
24 New Mexico Law Review 285 (Spring, 1994) |
In the fall of 1966, Dean Tom Christopher of the University of New Mexico School of Law noted the dearth of Indians in the legal profession and the lack of Indian applicants to the law school and decided to do something about it. He suggested to Fred Hart, a visiting professor from Boston College Law School, that Hart develop a program to increase... |
1994 |
| Veronica L. Bowen |
The Extent of Indian Regulatory Authority over Non-indians: South Dakota V. Bourland |
27 Creighton Law Review 605 (1993-1994) |
Prior to the formation of the political entity we know as the United States, the aboriginal Indian tribes inhabiting this continent were considered to be self-governing, sovereign, political communities. When the colonies formed a union of states, the Indian tribes ceded some of their land to the new country and came under the protection of the... |
1994 |
| Catherine M. Brooks |
The Indian Child Welfare Act in Nebraska: Fifteen Years, a Foundation for the Future |
27 Creighton Law Review 661 (1993-1994) |
This is not a cheerful book, but history has a way of intruding upon the present, and perhaps those who read it will have a clearer understanding of what the American Indian is, by knowing what he was. They may be surprised to hear words of gentle reasonableness coming from the mouths of Indians stereotyped in the American myth as ruthless savages.... |
1994 |
| |
The Indigenous Women's Network |
5 Colorado Journal of International Environmental Law and Policy 173 (Winter, 1994) |
The Indigenous Women's Network (IWN) is a coalition that emerged from a gathering of indigenous women in 1985 in Yelm, Washington, and was formally organized four years later. It is now a nonprofit organization with members and projects scattered throughout the Americas and the Pacific Basin. The IWN focuses on the many common concerns among... |
1994 |
| Markus B. Heyder |
The International Law Commission's Draft Articles on State Responsibility: Draft Article 19 and Native American Self–determination |
32 Columbia Journal of Transnational Law 155 (1994) |
Indigenous peoples have generally been unable to establish satisfactory degrees of self-determination through the courts and legislatures of their respective countries. In the context of Native American efforts to regain self-determination, the combination of adverse judicial doctrines and the professed plenary power of Congress over Native... |
1994 |
| S. James Anaya |
The Native Hawaiian People and International Human Rights Law: Toward a Remedy for past and Continuing Wrongs |
28 Georgia Law Review 309 (Winter 1994) |
Whereas, prior to the arrival of the first Europeans in 1778, the Native Hawaiian people lived in a highly organized, self-sufficient, subsistent social system based on communal land tenure with a sophisticated language, culture, and religion; Whereas a unified monarchical government of the Hawaiian Islands was established in 1810 under Kamehameha... |
1994 |