| Author | Title | Citation | Summary | Year |
| Kevin Gover , Jana L. Walker |
ESCAPING ENVIRONMENTAL PATERNALISM: ONE TRIBE'S APPROACH TO DEVELOPING A COMMERCIAL WASTE DISPOSAL PROJECT IN INDIAN COUNTRY |
63 University of Colorado Law Review 933 (1992) |
We have been asked to address the issue of environmental racism in the context of commercial solid and hazardous waste projects on Indian reservations. Let us say at the outset that we have no quarrel with those who believe that undesirable facilities--such as waste disposal facilities--are more likely to be found in a poor minority community than... |
1992 |
| William W. Quinn, Jr. |
Federal Acknowledgment of American Indian Tribes: Authority, Judicial Interposition, and 25 C.f.r. § 83 |
17 American Indian Law Review 37 (1992) |
One of the numerous intersections between administrative law and Indian law is found in the Code of Federal Regulations at 25 C.F.R. § 83, titled Procedures for Establishing That an American Indian Group Exists as an Indian Tribe. This caption's terms of Indian tribe and Indian group, both explained in the definitions for 25 C.F.R. § 83,... |
1992 |
| William W. Quinn, Jr. |
FEDERAL ACKNOWLEDGMENT OF AMERICAN INDIAN TRIBES: AUTHORITY, JUDICIAL INTERPOSITION, AND 25 C.F.R. § 83 |
17 American Indian Law Review 37 (1992) |
One of the numerous intersections between administrative law and Indian law is found in the Code of Federal Regulations at 25 C.F.R. § 83, titled Procedures for Establishing That an American Indian Group Exists as an Indian Tribe. This caption's terms of Indian tribe and Indian group, both explained in the definitions for 25 C.F.R. § 83,... |
1992 |
| Robert Laurence |
Federal Court Review of Tribal Activity under the Indian Civil Rights Act |
68 North Dakota Law Review 657 (1992) |
The testimony that follows links the extension of the Indian Civil Rights Act (ICRA) to the extension of Indian tribal jurisdiction over non-Indians. My essential thesis is that with the ICRA in place and providing federal court review of tribal activity, many of the fears of tribal jurisdiction over non-Indians are alleviated. The ICRA provides... |
1992 |
| William W. Quinn, Jr. |
Federal Environmental and Indian Law Confluent |
29-DEC Arizona Attorney 19 (December, 1992) |
In late April of 1992, the Salt River Pima-Maricopa Indian Community whose reservation lies directly east of Scottsdale and is bounded to the south by several miles of the Salt River, received a letter of intent to sue for alleged violations of the Clean Water Act and the Resource Conservation and Recovery Act (RCRA). Atlantic States Legal... |
1992 |
| Ralph W. Johnson , Sharon I. Haensly |
Fifth Amendment Takings Implications of the 1990 Native American Graves Protection and Repatriation Act |
24 Arizona State Law Journal 151 (Spring, 1992) |
In November 1990, Congress passed the Native American Graves Protection and Repatriation Act (NAGPRA). NAGPRA provides for the protection and disposition of Native American cultural items discovered on federal or tribal lands after NAGPRA's effective date. NAGPRA also addresses disposition of those objects currently held or controlled by federal... |
1992 |
| |
Gaming: Gaming Classification and Pact Requirements |
17 American Indian Law Review 669 (1992) |
The Spokane Tribe of Indians (the Tribe) operates a gaming casino on its tribal lands. One of its games is a computerized game called Pick Six Lotto (Pick Six). The game is played by placing money into the Pick Six video terminal. The player then selects six numbers ranging from 1 to 45 which are then displayed on the terminal. The Pick Six... |
1992 |
| Sherry Hutt |
Illegal Trafficking in Native American Human Remains and Cultural Items: a New Protection Tool |
24 Arizona State Law Journal 135 (Spring, 1992) |
Tucked into the middle of the Native American Graves Protection and Repatriation Act (NAGPRA), is a new criminal law, which is often overlooked in the discussions of those preparing to comply with the law's repatriation requirements. Section 4 of NAGPRA amends the United States Criminal Code to create the felony offense of illegal trafficking in... |
1992 |
| Rennard Strickland |
Implementing the National Policy of Understanding, Preserving, and Safeguarding the Heritage of Indian Peoples and Native Hawaiians: Human Rights, Sacred Objects, and Cultural Patrimony |
24 Arizona State Law Journal 175 (Spring, 1992) |
During the House debate on the Native American Graves Protection and Repatriation Act (NAGPRA), Congresswoman Patsy Mink of Hawaii stated quite simply the basis of what has become our national policy: Preserving native American and Hawaiian culture is in the interest of all Americans, for these unique cultures are a part of the history and... |
1992 |
| Francis P. McManamon , Larry V. Nordby |
Implementing the Native American Graves Protection and Repatriation Act |
24 Arizona State Law Journal 217 (Spring, 1992) |
I. INTRODUCTION. 218 II. OVERVIEW OF THE NATIVE AMERICAN GRAVES PROTECTION AND PREPATRIATION ACT. 220 III. RESPONSIBLE ORGANIZATIONS. 222 A.Indian Tribes and Native Hawaiian Organizations. 223 B. Museums Receiving Federal Funds. 225 C. Federal Agencies. 227 D. Secretary of the Interior. 227 E. The Native American Graves Protection and... |
1992 |
| Reid Peyton Chambers , John E. Echohawk |
Implementing the Winters Doctrine of Indian Reserved Water Rights: Producing Indian Water and Economic Development Without Injuring Non-indian Water Users? |
27 Gonzaga Law Review 447 (1991/92) |
Indians claim large water rights in the western states, where the arid climate makes water essential for economic development and for the survival of communities in areas with sparse and undependable rainfall. For the most part, these Indian claims to use water have not actually been exercised. While non-Indians irrigate about 46-million acres in... |
1992 |
| Nell Jessup Newton |
Indian Claims in the Courts of the Conqueror |
41 American University Law Review 753 (Spring, 1992) |
Introduction I. True Stories A. Confiscation of Land by Judicial Decree: Mary and Carrie Dann B. Land, Not Money: The Sioux Nation and the Black Hills C. Prove Your Case, and You Can Get Jurisdiction: The Cherokee Nation and the Arkansas River II. Indian Claims A. Special Jurisdictional Statutes B. Indian Claims Commission C. The Tucker Act: The... |
1992 |
| Michael L. Ferch |
Indian Land Rights: an International Approach to Just Compensation |
2 Transnational Law & Contemporary Problems 301 (Spring, 1992) |
I. Introduction. 302 II. The Western View of Property Rights. 305 III. The Indian View of Property Rights. 308 IV. The Meaning of Just Compensation as Applied to Indians: A Case of Different Worlds Colliding. 312 V. The Executive and Legislative Powers to Recognize Indian Title. 313 VI. Indian Property Rights Under the Western Judicial Regime. 315... |
1992 |
| Joseph R. Membrino |
Indian Reserved Water Rights, Federalism and the Trust Responsibility |
27 Land and Water Law Review Rev. 1 (1992) |
On June 26, 1989, an equally divided Supreme Court affirmed the adjudication of reserved rights to the Shoshone and Arapaho Tribes of the Wind River Reservation. While no opinion of the Court accompanied that affirmance, observers appear convinced that the reserved rights doctrine, particularly the quantification measure of practicably irrigable... |
1992 |
| Tina L. Morin |
Indians, Non-indians, and the Endangered Panther; Will the Indian/non-indian Conflict Be Resolved Before the Panther Disappears? |
13 Public Land Law Review 167 (Spring, 1992) |
The majestic Florida panther, Jelis concolor coryi, is a predatory mammal of the subtropics. A male panther roams over a two hundred to three hundred square mile area, while a female panther's range is fifty to one hundred square miles. The panther's historic range stretched from Louisiana and Arizona east to South Carolina and Florida. The Florida... |
1992 |
| Catherine J. Iorns |
Indigenous Peoples and Self Determination: Challenging State Sovereignty |
24 Case Western Reserve Journal of International Law 199 (Spring, 1992) |
Indigenous peoples and their cultures have been attacked since their discovery and colonization. The treatment of indigenous peoples has been so severe that it has been referred to as genocide and as a holocaust. While the particular histories of different indigenous peoples differ, they have in common a history of conquest by another group... |
1992 |
| Mary Ellen Turpel |
Indigenous Peoples' Rights of Political Participation and Self-determination: Recent International Legal Developments and the Continuing Struggle for Recognition |
25 Cornell International Law Journal 579 (Symposium, 1992) |
Introduction It must be recognized that indigenous populations have their own identity rooted in historical factors which outweigh the phenomena of mere solidarity in the face of discrimination and exploitation, and that, by virtue of their very existence, they have a natural and original right to live freely on their own lands. The claims of... |
1992 |
| Curtis G. Berkey |
International Law and Domestic Courts: Enhancing Self-determination for Indigenous Peoples |
5 Harvard Human Rights Journal 65 (Spring, 1992) |
The aspiration of American Indian tribes for self-government increasingly is frustrated by limits on Indian sovereignty imposed by Congress and United States courts. Because domestic United States law offers so little protection, Indian tribes should turn to international human rights law for help in securing the right of self-government against... |
1992 |
| Louis Lowenstein |
Is Speculation "The Essential Native Genius of the Stock Market"? Wall Street. By Walter Werner and Steven T. Smith. New York: Columbia University Press, 1991. Pp. Xi, 306. $35 |
92 Columbia Law Review 232 (January, 1992) |
Stock trading has burgeoned in recent years. Shares listed on the New York Stock Exchange turn over about 70% annually. If we include the trading in various derivative securities, such as options and futures, the turnover rate exceeds 200%. Most of us have forgotten that as recently as 1960, the turnover rate was a mere 14%, so that shareholders as... |
1992 |
| Robin Paul Malloy |
Letters from the Longhouse: Law, Economics and Native American Values |
1992 Wisconsin Law Review 1569 (1992) |
According to Professor Malloy, law and economics can be understood as the study of competing discourses concerning the allocation of scarce resources and political power. In such a process of analysis, discourse and narrative are considered to be complex sign systems. These sign systems can be deconstructed and evaluated for their underlying... |
1992 |
| Paul E. Loving |
Native American Team Names in Athletics: It's Time to Trade These Marks |
13 Loyola of Los Angeles Entertainment Law Journal L.J. 1 (1992) |
The field is almost limitless from which to select words for use as trade-marks, and one who uses debatable marks does so at the peril that his mark may not be entitled to registration. Judge Lenroot During 1991-92, teams with Native American names experienced remarkable on-field success. The Atlanta Braves played in the 1991 and 1992 World Series,... |
1992 |
| Kevin L. Kelly , Melinda A. Maxwell |
Native Americans |
22 Environmental Law 1225 (1992) |
Throughout the history of the United States, Native Americans have consistently struggled to preserve their rights. The Ninth Circuit is one of the most active circuits in the resolution of disputes involving these rights. This Chapter summarizes the Ninth Circuit's 1991 decisions affecting Native Americans, which addressed such diverse issues as... |
1992 |
| Mark W. Siegel |
Native Hawaiians |
22 Environmental Law 1257 (1992) |
Two cases recently decided by the Ninth Circuit concern issues unique to Native Hawaiians. Boone v. United States, involves the extent of federal authority over coastal fishponds that have been considered private property throughout Hawaii's history. Price v. Hawaii involves a private action to enforce section 5(f) of the Hawaii Admission Act of... |
1992 |
| Suzan Shown Harjo |
Native Peoples' Cultural and Human Rights: an Unfinished Agenda |
24 Arizona State Law Journal 321 (Spring, 1992) |
The conflicting laws and legal fictions regarding Native peoples' rights in the Western hemisphere began in 1492, with the introduction of the European doctrine of right by discovery and might. When word spread in Europe of a new world paradise of untold riches inhabited by unidentified beings, there ensued an unparalleled gold rush, land grab, and... |
1992 |
| Mary Beth West |
Natural Resources Development on Indian Reservations: Overview of Tribal, State, and Federal Jurisdiction |
17 American Indian Law Review 71 (1992) |
Making natural resources development work on Indian reservations requires understanding the complex jurisdictional framework applicable to Indians and non-Indians within Indian Country. Structuring successful arrangements is possible only with a complete knowledge of the jurisdictional framework within which they will operate. In particular,... |
1992 |
| Steven Platzman |
Objects of Controversy: the Native American Right to Repatriation |
41 American University Law Review 517 (Winter, 1992) |
Before the arrival of the European colonists, Native American culture dominated the North American continent. As the dominion of the European settlers expanded westward, friction intensified between the Native American population and the invading foreign peoples. The settlers wished to cultivate the land and fulfill the manifest destiny of the... |
1992 |
| June Camille Bush Raines |
One Is Missing: Native American Graves Protection and Repatriation Act: an Overview and Analysis |
17 American Indian Law Review 639 (1992) |
In 1960, during an archaeological study, the remains of thirty-two Native Americans who had been buried for over 1000 years were disinterred. Over the next thirty years, various museums and universities across the country studied the remains of these people. On Wednesday, November 6, 1991, they went home. Tribes descended from those thirty-two... |
1992 |
| TERESA A. WILLIAMS |
Pollution and Hazardous Waste on Indian Lands: Do Federal Laws Apply and Who May Enforce Them? |
17 American Indian Law Review 269 (1992) |
An essential means by which Indian tribes will maintain the integrity of tribal lands is through environmental regulation. Currently, it is unclear who has the jurisdictional authority to administer environmental protection programs on tribal lands. Jurisdiction on Indian land is apportioned among three governmentsfederal, tribal, and stateall of... |
1992 |
| John E. Thorson |
Proceedings of the Symposium on Settlement of Indian Water Rights Claims |
22 Environmental Law 1009 (1992) |
I. Historical Perspectives. 1010 II. Moving from Litigation to Negotiation and Cooperation. 1011 III. Session No. 1: Preparing to Negotiate. 1013 A. When Is a Situation Ripe for Negotiations?. 1013 B. Gathering Background Information on Legal and Technical Issues. 1014 IV. Session No. 2: Who Comes to the Negotiating Table?. 1015 A. Identifying... |
1992 |
| Karl Newman |
Property Law: Zoning Indian Reservations-brendal V. Confederated Tribes & Bands of Yakima Indian Nation |
1990 Annual Survey of American Law 633 (April, 1992) |
The concept of zoning is a relatively recent development in United States jurisprudence. It did not exist when the relationships between native American nations and the federal and state governments were established. Now that zoning ordinances have been enacted by most communities in the United States, courts have had to determine whether state... |
1992 |
| Leonard D. DuBoff |
Protecting Native American Cultures |
53-NOV Oregon State Bar Bulletin Bull. 9 (November, 1992) |
Coinciding with the events surrounding the 500th anniversary of Columbus' voyages to the New World is a renewed interest in the history and cultures of Native Americans. Authors of numerous magazine and newspaper articles are reassessing the role of Columbus in history in light of the impact his discovery has had on the indigenous people. Movies... |
1992 |
| Edward Halealoha Ayau |
Restoring the Ancestral Foundation of Native Hawaiians: Implementation of the Native American Graves Protection and Repatriation Act |
24 Arizona State Law Journal 193 (Spring, 1992) |
In the last two hundred years, keanaka maoli (Native Hawaiians) have endured the onslaught of foreign intervention, which resulted in the loss of traditional religious practices; displacement from the land; and the deaths of thousands of innocent people to disease. These tragedies have culminated in the theft of a peaceful and sovereign nation. For... |
1992 |
| Darrin J. Quam |
Right to Subsist: the Alaska Natives' Campaign to Recover Damages Caused by the Exxon Valdez Spill |
5 Georgetown International Environmental Law Review 177 (Fall, 1992) |
On March 24, 1989, the Exxon Valdez ran aground off the coast of southeastern Alaska, discharging eleven million gallons of oil into Prince William Sound in North America's largest oil spill. The oil severely damaged the fragile ecosystem and significantly harmed the wildlife of Prince William Sound, including sea otters, sea lions, harbor seals,... |
1992 |
| Linda King Kading |
State Authority to Regulate Gaming Within Indian Lands: the Effect of the Indian Gaming Regulatory Act |
41 Drake Law Review 317 (1992) |
C1-3TABLE OF CONTENTS I. Introduction. 317 II. Traditional View of Indian Sovereignty. 319 III. Congressional Expansion of State Authority: Public Law 280. 320 IV. Court Restrictions on State Authority. 321 A. Criminal/Prohibitory-Civil/Regulatory Distinction. 321 B. Application to State Gaming laws. 323 V. The Cabazon Prohibitory-Regulatory Test.... |
1992 |
| Michael J. Dale |
State Court Jurisdiction under the Indian Child Welfare Act and the Unstated Best Interest of the Child Test |
27 Gonzaga Law Review 353 (1991/92) |
Introduction I. Operation of the Indian Child Welfare Act II. The Best Interest Standard A. The Anglo Test B. The Indian Child Welfare Act Test III. State Court Jurisdictional Efforts to Limit Application of the Act A. The Domicle Test B. The Indian Child Test C. The Indian Family Test D. Divorce and Intra-Family Custody Disputes E. The Good Cause... |
1992 |
| Robert F. Housman |
Sustainable Living: Seeking Instructions for the Future: Indigenous Peoples' Traditions and Environmental Protection |
3 Touro Journal of Transnational Law 141 (1992) |
White Man came to this country and forgot his original instructions. So you're here looking for the instructions you lost. I can't tell you what those were, but maybe there are some things I can explain. Depending on which theory you adhere to, roughly 500 years ago in 1492, Columbus sailed the ocean blue and discovered the new world. That, in... |
1992 |
| Louis M. Holscher |
Sweat Lodges and Headbands: an Introduction to the Rights of Native American Prisoners |
18 New England Journal on Criminal and Civil Confinement 33 (Winter/Summer, 1992) |
[T]he right to free religious expression embodies a precious heritage of our history. In a mass society, which presses at every point toward conformity, the protection of a self-expression, however unique, of the individual and the group becomes ever more important. The varying currents of the sub-cultures that flow into the mainstream of our... |
1992 |
| Michael Layne Carrico |
Te Pee as in Taxpayer: Tribal Severance Taxes-canvassing the Reservation-do Tribes Have the Power to Impose Severance Taxes on Minerals Extracted on Non-indian Fee Lands Within the Reservation? |
7 Journal of Mineral & Law Policy 73 (1991/1992) |
During a scene in the 1991 motion picture Dances With Wolves, John Dunbar, a United States soldier living in the Indian country of the 1860s west, equates the sound of a herd of stampeding buffaloes to the roar of a thousand claps of thunder. Today, the roaring he would hear would more likely be the sound of an oil tanker or a coal truck... |
1992 |
| Martha Hirschfield |
The Alaska Native Claims Settlement Act: Tribal Sovereignty and the Corporate Form |
101 Yale Law Journal 1331 (April, 1992) |
In 1971, Congress passed the Alaska Native Claims Settlement Act (ANCSA), granting the Indians, Eskimos, and Aleuts of Alaska title to over forty million acres of land and awarding them almost one billion dollars for the extinguishment of their claims to Alaska lands. At the time, Natives supported ANCSA as a formal recognition of their... |
1992 |
| Lynn Klicker Uthe |
The Best Interests of Indian Children in Minnesota |
17 American Indian Law Review 237 (1992) |
The above statement by Chief Jake Swamp describes concerns that are particular to indigenous peoples such as native Americans (Indians). Although many laws still do not adequately address their concerns, some United States legislation protects and preserves Indian cultures. One such legislative measure is the Indian Child Welfare Act of 1978... |
1992 |
| Mark T. Baker |
The Hollow Promise of Tribal Power to Control the Flow of Alcohol into Indian Country |
88 Virginia Law Review 685 (5/2/2020) |
L1-2Introduction 686. I. The Historical Development of Federal Indian Alcohol Policy. 688 A. The Colonial Era. 688 B. United States Policy Regarding the Introduction of Alcohol into Indian Country. 690 C. Federal Statutes Governing Alcohol in Indian Country Today. 693 D. Federal Policy Governing the Distribution of Land in Indian Country. 695 II.... |
1992 |
| John Robert Renner |
The Indian Child Welfare Act and Equal Protection Limitations on the Federal Power over Indian Affairs |
17 American Indian Law Review 129 (1992) |
Congress enacted the Indian Child Welfare Act of 1978 (ICWA) in response to congressional committee findings that state courts were removing an unwarranted proportion of Indian children from their families and placing the children in non-Indian environments. The ICWA attempts to remedy the problem by creating exclusive tribal jurisdiction over all... |
1992 |
| Melody Kapilialoha MacKenzie |
The Lum Court and Native Hawaiian Rights |
14 University of Hawaii Law Review 377 (Summer, 1992) |
Since Herman Lum became Chief Justice of the Hawaii Supreme Court in 1983, the court has issued relatively few opinions dealing with Native Hawaiian issues. Those few opinions may not be sufficient to allow a fair assessment of the Lum Court's attitude toward Native Hawaiian rights. Only five published decisions can be identified as dealing with... |
1992 |
| Nancy McKay |
The Meaning of Good Faith in the Indian Gaming Regulatory Act |
27 Gonzaga Law Review 471 (1991/92) |
Games of chance were a traditional part of Indian life. Studies of Indian culture reveal that the American Indians were gamblers. The American Indians developed complex games of skill, chance, and dexterity which afforded them many opportunities for wagering. Intertribal meetings and potlatches were common gatherings that often included gambling.... |
1992 |
| John E. Silverman |
The Miner's Canary: Tribal Control of American Indian Education and the First Amendment |
19 Fordham Urban Law Journal 1019 (Summer, 1992) |
Since the arrival of Columbus 500 years ago, Native Americans have endured massacres and intolerance, racism and rapacity, altruism and benign neglect. Federal policy originally favored the repression of Indian religious practices because religion was an indivisible part of the native cultures that the American government sought to stamp out... |
1992 |
| Jack F. Trope, Walter R. Echo-Hawk |
The Native American Graves Protection and Repatriation Act: Background and Legislative History |
24 Arizona State Law Journal 35 (Spring, 1992) |
I. INTRODUCTION. 36 II. THE ORIGINS, SCOPE, AND NATURE OF THE REPATRIATION ISSUE. 38 A. Human Remains and Funerary Objects. 38 B. Sacred Objects and Cultural Patrimony. 43 III. LEGAL RIGHTS TO REPATRIATE THE DEAD. 45 A. The Failure of the Legal System to Protect Native Burial Sites. 45 1. Common Law. 45 2. State Statutory Law. 47 B. Legal Theories... |
1992 |
| Thomas H. Boyd , Jonathan Haas |
The Native American Graves Protection and Repatriation Act: Prospects for New Partnerships Between Museums and Native American Groups |
24 Arizona State Law Journal 253 (Spring, 1992) |
Prior to the passage of the Native American Graves Protection and Repatriation Act (NAGPRA), several prominent American museums had adopted institutional policies and procedures for processing repatriation requests by Native American groups and individuals. Although the formal objective of these procedures was the orderly and fair processing of... |
1992 |
| Thomas H. Boyd |
The Native American Graves Protection and Repatriation Act: Reinstatement of Human Remains and Funerary Objects to Their Former State of Repose |
27 Gonzaga Law Review 423 (1991/92) |
Although the exact figure is impossible to determine, we may estimate conservatively that the remains of at least several hundred pre-contact aborigines, many with associated grave goods, are discovered annually. In addition, collections currently held by museums, historical societies, universities, and private collectors include the remains of as... |
1992 |
| Scott Morrison , LeAnne Howe |
The Sewage of Foreigners |
39 Federal Bar News and Journal 370 (July, 1992) |
However it is that places become powerful metaphors for spiritual life and death, the land in Noxubee County, Mississippi is such a metaphor. In the winter of 1540-41, Hernando de Soto and his men camped near the Chickasaw villages in what is now Noxubee County, forever changing the sanctity of native people's land, so much so that the Choctaws... |
1992 |
| Robert Charles Ward |
The Spirits Will Leave: Preventing the Desecration and Destruction of Native American Sacred Sites on Federal Land |
19 Ecology Law Quarterly 795 (1992) |
C1-3CONTENTS L1-2Introduction 796 I. The Problem: Land Sacred to Native Americans Is Threatened with Desecration. 798 A. The Land Itself Is Sacred and Indispensable to the Practice of Religion. 798 B. Sacred Sites Are Imperiled by Federal Land Management. 803 1. Federal Law Has No Provisions for Religious Use of Public Lands. 804 2. Federal Land... |
1992 |