| Author | Title | Citation | Summary | Year |
| by Nell Jessup Newton, |
County of Yakima |
1991-92 Preview of United States Supreme Court Cases 138 (12/20/1991) |
Shifting policies in federal Indian law have produced federal statutes with widely divergent and even conflicting goals. How should the Supreme Court interpret in 1991 a statute enacted in 1906 as part of a plan to break up Indian tribes, destroy their tribal land base, and subject individual Indians and Indian lands to state laws? In 1934, after... |
1991 |
| Douglas B. Cubberley |
Criminal Jurisdiction over Nonmember Indians: the Legal Void after Duro V. Reina |
16 American Indian Law Review 213 (1991) |
Native Americans continually struggle against domination to retain legal and political autonomy as well as to preserve their cultural uniqueness. Since the Marshall Court's Cherokee decisions, the Supreme Court has been the protector of tribal rights against governmental encroachment on tribal sovereignty. Ironically, as tribes begin to use more of... |
1991 |
| Richard B. Taylor |
Curbing the Erosion of the Rights of Native Americans: Was the Supreme Court Successful in Mississippi Band of Choctaw Indians V. Holyfield? |
29 Journal of Family Law 171 (1990/1991) |
In 1978, Congress attempted to rectify one of the great wrongs in the area of adoption law. In that year the Indian Child Welfare Act (hereinafter ICWA or the Act) was passed in response to a rising concern in the mid-1970's over the consequences to Indian children, Indian families, and Indian tribes of abusive child welfare practices that... |
1991 |
| Rennard Strickland |
Dances with Lawyers: Wolves, Judges, and Other Medicine Men |
69 Texas Law Review 995 (March, 1991) |
Interest in things Indian seems to run in cycles. Vine Deloria, Jr. has suggested that this fascination surfaces every twenty years or so. He is right, at least as far as filmmakers and book publishers are concerned. Looking back to 1970, for example, Hollywood films Soldier Blue and Little Big Man were recasting the Vietnam War in terms of the... |
1991 |
| by Donna J. Goldsmith and Lea Ann Easton |
David Hoffman, Commissioner, Department of |
1990-91 Preview of United States Supreme Court Cases 231 (3/19/1991) |
In 1980, the Alaska Legislature enacted a revenue-sharing statute to provide annual payments of $25,000 to each Native village government located in a community without a state-chartered municipal corporation. The statute defines the term Native village government to include tribes organized pursuant to the Indian Reorganization Act of 1934 (25... |
1991 |
| Gary D. Meyers |
Different Sides of the Same Coin: a Comparative View of Indian Hunting and Fishing Rights in the United States and Canada |
10 UCLA Journal of Environmental Law & Policy 67 (1991) |
From the time of the first contact between North American Indian Tribes and Europeans their relationship has been complex and controversial. The clash of cultures was fundamental. It was and is reflected in radically different conceptions of the human relationship with the land, its wildlife, and other resources. Native American cultures generally... |
1991 |
| Judith Kimerling |
Disregarding Environmental Law: Petroleum Development in Protected Natural Areas and Indigenous Homelands in the Ecuadorian Amazon |
14 Hastings International and Comparative Law Review 849 (Symposium Issue, 1991) |
Ecuador, a small nation on the Pacific coast of South America, is home to some of the earth's most biologically diverse rain forests. The eastern half of Ecuador, sloping down from the Andes mountains, forms part of the western Amazon basin, encompassing over thirteen million hectares of tropical rain forest. Known in Ecuador as the Oriente, this... |
1991 |
| Margaret Wilson |
Duro V. Reina: the Last Nail in the Coffin for Indian Tribal Sovereignty |
1991 Utah Law Review 675 (1991) |
The United States Supreme Court dealt a serious blow to tribal sovereignty and dignity in Duro v. Reina. In Duro, the Court held that a tribal court may not exercise criminal jurisdiction over Indians who are not members of that tribe. The Duro decision added insult to the injury of Oliphant v. Suquamish Indian Tribe, decided twelve years earlier,... |
1991 |
| Margaret Wilson |
DURO v. REINA: THE LAST NAIL IN THE COFFIN FOR INDIAN TRIBAL SOVEREIGNTY |
1991 Utah Law Review 675 (1991) |
The United States Supreme Court dealt a serious blow to tribal sovereignty and dignity in Duro v. Reina. In Duro, the Court held that a tribal court may not exercise criminal jurisdiction over Indians who are not members of that tribe. The Duro decision added insult to the injury of Oliphant v. Suquamish Indian Tribe, decided twelve years earlier,... |
1991 |
| Judith V. Royster |
Environmental Protection and Native American Rights: Controlling Land Use Through Environmental Regulation |
1-SUM Kansas Journal of Law & Public Policy 89 (Summer, 1991) |
Indian nations today are faced with a critical dichotomy in their treatment by the federal government. For the most part, Congress has embarked on a path of promoting and encouraging economic development and self-sufficiency, while the Supreme Court has taken virtually every opportunity in recent years to undercut the legal and practical basis of... |
1991 |
| Katharine Randolph Boyce |
Expanded Federal Contracting Opportunities for Indian Enterprises |
38 Federal Bar News and Journal 80 (March, 1991) |
The 101st Congress launched more new contracting initiatives for Indian enterprises than perhaps any other legislative session in recent history. Enacted were new provisions expanding contracting opportunities at all levels of the government, both for tribal-owned concerns as well as enterprises owned by Native American individuals. Several are law... |
1991 |
| Ralph W. Johnson |
Fragile Gains: Two Centuries of Canadian and United States Policy Toward Indians |
66 Washington Law Review 643 (July, 1991) |
The United States and Canada share a common history in their policies toward and legal treatment of the Native Americans that historically have occupied both countries. The Royal Proclamation of 1763 established a policy of recognizing Aboriginal title and treating with Indians that was binding on the colonies that preceded both... |
1991 |
| Debra Ann Mermann |
Free Exercise: a "Hollow Promise" for the Native American in Employment Division, Department of Human Resources of Oregon V. Smith |
42 Mercer Law Review 1597 (Summer, 1991) |
In Employment Division, Department of Human Resources of Oregon v. Smith, the United States Supreme Court held that a state criminal prohibition of the use of peyote by bona fide members of the Native American Church and a subsequent denial of unemployment benefits upon their discharge for such use does not violate the free exercise clause of the... |
1991 |
| Larry Smith |
Going Native: Multinationals Tap Local Lawyers for Overseas Law Departments |
10 No. 21 Of Counsel Counsel 4 (11/4/1991) |
From Moscow to Geneva, from Mexico to Tokyo, globalization is probably the most important fact of life for the legal profession, changing how legal services are sold and how they're delivered. Most of the attention given this megatrend has naturally focused on the supply side, on law firms and their sexy international scramble for potentially... |
1991 |
| Elizabeth Pa Martin |
Hawaiian Natives Claims of Sovereignty and Self-determination |
8 Arizona Journal of International & Comparative Law 273 (1991) |
Ano Ai Me Kealoha. E na hulu manu like ole. I am Elizabeth Pa Martin, an attorney of Native Hawaiian ancestry and Executive Director of the Native Hawaiian Advisory Council (NHAC). NHAC is a nonprofit corporation pursuing the protection of Hawaiian native rights. NHAC works to hold governments and lawmakers accountable for the proper... |
1991 |
| Mililani B. Trask |
Historical and Contemporary Hawaiian Self-determination: a Native Hawaiian Perspective |
8 Arizona Journal of International & Comparative Law 77 (1991) |
I am a Native Hawaiian. For fifteen years I have been working for sovereignty and self-determination for my people. When I graduated from law school at the University of Santa Clara at the age of twenty-seven, my heart was full of desire to make change for my people. But when I returned to Hawaii as a lawyer, I was shocked to learn that the Native... |
1991 |
| Thomas H. Pacheco |
Indian Bedlands Claims: a Need to Clear the Waters |
15 Harvard Environmental Law Review Rev. 1 (1991) |
Claims by or on behalf of Indian Tribes to lands submerged under navigable waters, or bedlands, have generated considerable litigation for almost a century. Claims have been made on behalf of Tribes to the beds and banks of rivers, lakes, tidelands abutting bodies of salt water such as Puget Sound in the Pacific Northwest, and even the submerged... |
1991 |
| Diana Dee Thomas |
Indian Burial Rights Issues: Preservation or Desecration |
59 UMKC Law Review 737 (Spring, 1991) |
Where today are the Pequot? Where are the Narragansett, the Mohican, the Pokanoket, and many other once powerful tribes of our people? They have vanished before the avarice and the oppression of the White Man, as snow before a summer sun. Will we let ourselves be destroyed in our turn without a struggle, give up our homes, our country bequeathed to... |
1991 |
| John C. Mohawk |
Indian Economic Development: an Evolving Concept of Sovereignty |
39 Buffalo Law Review 495 (Spring, 1991) |
American Indian economic development is a relatively recent area of study. Beginning around 1968, American Indians across the country began protesting what they termed unfair domination by the United States government through its administrative bureaucraciesthe Bureau of Indian Affairs (BIA), the Bureau of Land Management, and a host of smaller,... |
1991 |
| Robert J. Miller |
Indian Hunting and Fishing Rights |
21 Environmental Law 1291 (1991) |
Indian tribal members possess different rights than other citizens in several facets of life. Indian hunting and fishing rights, for example, exceed other citizens' privileges because of the unique property rights that many tribes possess due to treaties entered into with the United States. Treaties ratified by the Senate become the supreme Law of... |
1991 |
| Rennard Strickland |
Indian Law and the Miner's Canary: the Signs of Poison Gas |
39 Cleveland State Law Review 483 (1991) |
My title Indian Law and the Miner's Canary comes from an oft quoted statement of Felix Cohen, the Blackstone of contemporary American Indian law and the father of the Handbook of Federal Indian Law. My Indian law students swear that I make them memorize the quote and that I have them recite it as a choral reading. That isn't quite true, but it... |
1991 |
| John W. Ragsdale, Jr. |
Indian Reservations and the Preservation of Tribal Culture: Beyond Wardship to Stewardship |
59 UMKC Law Review 503 (Spring, 1991) |
I. INTRODUCTION II. AN OVERVIEW OF SIGNIFICANT CONCEPTS AND HISTORIC EVENTS III. ARGUMENTS AGAINST THE CONTINUED EXISTENCE OF RESERVATIONS - AND SOME DIRECT RESPONSES A. Politics, Economy and Religion B. The Reservations as Islands of Poverty, Illness and Despair C. The Reservations as an Aspect of unconstitutional Discrimination or... |
1991 |
| John W. Ragsdale, Jr. |
INDIAN RESERVATIONS AND THE PRESERVATION OF TRIBAL CULTURE: BEYOND WARDSHIP TO STEWARDSHIP |
59 UMKC Law Review 503 (Spring, 1991) |
I. INTRODUCTION II. AN OVERVIEW OF SIGNIFICANT CONCEPTS AND HISTORIC EVENTS III. ARGUMENTS AGAINST THE CONTINUED EXISTENCE OF RESERVATIONS - AND SOME DIRECT RESPONSES A. Politics, Economy and Religion B. The Reservations as Islands of Poverty, Illness and Despair C. The Reservations as an Aspect of unconstitutional Discrimination or... |
1991 |
| Jana L. Walker, Susan M. Williams |
Indian Reserved Water Rights |
5-SPG Natural Resources & Environment Env't 6 (Spring, 1991) |
In the western United States, where water is scarce and water adjudications are plentiful, the difficult task of quantifying and administering tribal water rights is foremost among current tribal natural resource issues. As an indication of the significance of the issue, about fifty-eight cases involving tribal water rights are currently pending in... |
1991 |
| Stacy L. Cook |
Indian Sovereignty: State Tax Collection on Indian Sales to Nontribal Members - States Have a Right Without a Remedy [Oklahoma Tax Commission V. Citizen Band Potawatomi Indian Tribe of Oklahoma, 111 S. Ct. 905 (1991)] |
31 Washburn Law Journal 130 (Fall, 1991) |
In Oklahoma Tax Commission v. Citizen Band Potawatomi Indian Tribe of Oklahoma, the United States Supreme Court clarifies issues concerning the doctrine of Indian tribal sovereignty. The Supreme Court holds that, under the doctrine of tribal sovereignty, a state that has not asserted jurisdiction over Indian lands pursuant to Public Law 280 can... |
1991 |
| Eileen Shimizu |
Indian Water Rights |
38 Federal Bar News and Journal 88 (March, 1991) |
Indian water rights are vested property rights for which the United States has a trust responsibility, with the United States holding legal title to such water in trust for the benefit of the Indians. Recently, the Department of the Interior made public a series of guidelines to establish the basis for negotiation and settlement of claims... |
1991 |
| Peter W. Sly, Cheryl A. Maier |
Indian Water Settlements and Epa |
5-SPG Natural Resources & Environment 23 (Spring, 1991) |
As the Clean Water Act (CWA) and other statutes bring EPA into the Indian law arena, that agency has an opportunity to review recent water settlements and case law to ensure that it plays a positive role in encouraging the recent trend toward negotiated settlements. In 1988, Congress approved Indian water rights settlements for the Colorado Ute,... |
1991 |
| Monroe E. Price |
Indian-federal Regulations from the Inside Out: a Comment on Perry Dane's Meditation |
12 Cardozo Law Review 1007 (February/March, 1991) |
There is something in Perry Dane's Meditation that is evocative of the mood of Nova Scotia with its seeming embrace of disparate, accumulated cultures. In that place, vestiges of French Acadian culture are compelling, the wistful notes of Longfellow's Evangeline in the air. At the same time, in Cape Breton, remnants of the Scottish migration are... |
1991 |
| S. James Anaya |
Indigenous Rights Norms in Contemporary International Law |
8 Arizona Journal of International & Comparative Law L. 1 (1991) |
Half a millennium ago the peoples indigenous to the continents now called North and South America began to experience change, a kind of change they had not experienced before. Europeans arrived and began to lay claim to their lands, frequently slaughtering the native children, women and men who stood in the way. For many of those who survived, the... |
1991 |
| William Andrew Shutkin |
International Human Rights Law and the Earth: the Protection of Indigenous Peoples and the Environment |
31 Virginia Journal of International Law 479 (Spring, 1991) |
The issue of the environment has achieved significant status on both the national and international scene. The term environment is itself common parlance from Main Street to the halls of the United Nations. Communities around the world have come to learn that the environment is threatened by forces derived from human activity: the greenhouse... |
1991 |
| Michael Minnis |
Judicially-suggested Harassment of Indian Tribes: the Potawatomis Revisit Moe and Colville |
16 American Indian Law Review 289 (1991) |
Pique over a 1975 Christmas party skit may have led to the judiciary's quiet repeal of the Indian commerce clause. According to reporter Bob Woodward, Justice William Rehnquist was responsible for a skit that apparently displeased Chief Justice Warren Burger. Thus, in January 1976, when the next assignment sheet came around, Rehnquist got only... |
1991 |
| Paul E. Frye |
Lender Recourse in Indian Country: a Navajo Case Study |
21 New Mexico Law Review 275 (Spring, 1991) |
This article analyzes lender recourse issues which are significant in the evaluation of investment and lending decisions within the Navajo Nation. Initial research for this article was done under a contract with the Council of Energy Resource Tribes (CERT). After examining the structure of the Navajo government, characterized as probably the... |
1991 |
| Jose Luis Morin |
Litigating Civil Rights and International Law Claims on Behalf of Indigenous People and People of Color |
8 Arizona Journal of International & Comparative Law 269 (1991) |
I am here to discuss the work of the Center for Constitutional Rights (CCR) and to briefly describe some of the legal and political as well as practical difficulties associated with the type of civil rights and international litigation that this Indigenous Claims Conference seeks to explore. Our litigation experience at CCR illustrates the common... |
1991 |
| Ester C. Kim |
Mississippi Band of Choctaw Indians V. Holyfield: the Contemplation of All, the Best Interests of None |
43 Rutgers Law Review 761 (Spring, 1991) |
In Mississippi Band of Choctaw Indians v. Holyfield, the United States Supreme Court held that Congress, when it enacted the Indian Child Welfare Act (ICWA or Act), did not intend that the term domicile be defined by state courts as a matter of law. As a result of this decision, the Choctaw Indian tribal court was granted exclusive... |
1991 |
| Alison Joan Meyer |
Modern Problems in Hud Indian Housing Authorities |
16 Oklahoma City University Law Review 441 (Summer, 1991) |
In 1962, for the first time, the Department of Housing and Urban Development (HUD) specifically made housing authorities available in Indian Country. The created Indian Housing Authorities are bound by the regulations set forth by HUD. In complying both with these regulations and with the Indian Civil Rights Act, all Indian Housing Authorities must... |
1991 |
| Margery H. Brown , Brenda C. Desmond |
Montana Tribal Courts: Influencing the Development of Contemporary Indian Law |
52 Montana Law Review 211 (Summer, 1991) |
I. L2-4Introduction . 214 II. L2-4Federal Common Law and Tribal Court Civil Jurisdiction . 215 III. L2-4History and Structure of Tribal Courts . 216 A. L3-4Origins and Growth of Tribal Courts . 216 B. L3-4Contemporary Tribal Court Structure . 223 C. L3-4Montana Tribal Courts . 225 IV. L2-4The Centrality of Tribal Courts to Tribal Self-Government .... |
1991 |
| Margery H. Brown , Brenda C. Desmond |
MONTANA TRIBAL COURTS: INFLUENCING THE DEVELOPMENT OF CONTEMPORARY INDIAN LAW |
52 Montana Law Review 211 (Summer, 1991) |
I. L2-4Introduction . 214 II. L2-4Federal Common Law and Tribal Court Civil Jurisdiction . 215 III. L2-4History and Structure of Tribal Courts . 216 A. L3-4Origins and Growth of Tribal Courts . 216 B. L3-4Contemporary Tribal Court Structure . 223 C. L3-4Montana Tribal Courts . 225 IV. L2-4The Centrality of Tribal Courts to Tribal Self-Government .... |
1991 |
| Joseph D. Gebhardt |
Native Hawaiian Land Rights in the Context of the Native Hawaiian Sovereignty Movement |
8 Arizona Journal of International & Comparative Law 265 (1991) |
During the 1980s, I worked on Native Hawaiian legal rights, particularly land rights cases involving the Hawaiian Homes Commission Act and the Hawaiian Admission Act. But rather than tell you war stories, since this is an academic conference, I will discuss Native Hawaiian land rights in the context of the Native Hawaiian sovereignty movement. My... |
1991 |
| Michael M. McPherson, Stephanie M. Parent |
Native Hawaiians |
21 Environmental Law 1301 (1991) |
When Hawaii became a state in 1959, Congress conveyed to the State of Hawaii lands ceded to the United States by the Republic of Hawaii in 1898. The Admission Act of 1959 declared that Hawaii's ceded lands constitute a public trust, and required that the lands be managed by the State of Hawaii in a manner consistent with specific trust purposes set... |
1991 |
| James P. Boggs |
Nepa in the Domain of Federal Indian Policy: Social Knowledge and the Negotiation of Meaning |
19 Boston College Environmental Affairs Law Review 31 (Fall, 1991) |
In the past two decades, Congress and a number of state legislatures have enacted statutes requiring government agencies to evaluate the environmental impacts of any proposed agency actions. To comply with these statutes, such as the National Environmental Policy Act (NEPA) of 1969, agencies typically must prepare detailed studies known as... |
1991 |
| Carole E. Goldberg-Ambrose |
Not "Strictly" Racial: a Response to "Indians as Peoples" |
39 UCLA Law Review 169 (October, 1991) |
According to the Supreme Court, federal legislation singling out Indian tribes and tribal Indians for separate treatment creates political rather than racial categories. Hence, equal protection review need not entail the strict scrutiny usually applied to racial classifications. David Williams challenges this oft-repeated doctrine in his recent... |
1991 |
| by Donna J. Goldsmith |
Oklahoma Tax Commission |
1990-91 Preview of United States Supreme Court Cases 196 (2/19/1991) |
The State of Oklahoma assessed back taxes against the Citizen Band Potawatomi Indian Tribe of Oklahoma for unremitted taxes on business transactions that occurred at a tribally owned and operated business located on land that is owned by the federal government in trust for the Tribe. The Tribe maintains that it, alone, has the power to assess taxes... |
1991 |
| Robert N. Clinton |
Peyote and Judicial Political Activism |
38 Federal Bar News and Journal 92 (March, 1991) |
On April 17, 1990, Justice Scalia announced the decision of the United States Supreme Court in Employment Division, Dept. of Human Resources of Oregon v. Smith (Smith II). The Court held that members of the Native American Church had no constitutionally protected right to exercise their religion by using peyote, the central teacher or sacrament in... |
1991 |
| Christopher P. Cline |
Pursuing Native American Rights in International Law Venues: a Jus Cogens Strategy after Lyng V. Northwest Indian Cemetery Protective Association |
42 Hastings Law Journal 591 (January, 1991) |
Through tatter'd clothes small vices do appear; Robes and furr'd gowns hide all. Plate sin with gold, And the strong lance of justice hurtless breaks; Arm it in rags, a pigmy's straw does pierce it. In a recent bestselling book, the late Joseph Campbell noted the emergence of the Gaia Principle,' named for the goddess of the Earth, under which... |
1991 |
| Cheryl E. Amana |
Recruitment and Retention of the African American Law Student |
19 North Carolina Central Law Journal 207 (1991) |
We need not let color blindness become myopia which masks the reality that many created equal have been treated within our lifetimes as inferior both by the law and by their fellow citizens. In 1869, George Lewis Ruffin became the first African American to graduate from an American law school. Even with this relatively early entrance, compared... |
1991 |
| David J. Harris |
Respect for the Living and Respect for the Dead: Return of Indian and Other Native American Burial Remains |
39 Washington University Journal of Urban and Contemporary Law 195 (Spring, 1991) |
When I am dead, cry for me a little. Think of me sometimes, but not too much. It is not good for you to allow your thoughts to dwell too long on the dead. Think of me now and again as I was in life. At some moment it is pleasant to recall. But not for long. Leave me in peace and I shall leave you too, in peace. While you live, let your thoughts be... |
1991 |
| Kristen L. Boyles |
Saving Sacred Sites: the 1989 Proposed Amendment to Thr American Indian Religious Freedom Act |
76 Cornell Law Review 1117 (July, 1991) |
Holding the pipe up with its stem to the heavens, she said: With this sacred pipe you will walk upon the Earth; for the Earth is your Grandmother and Mother, and She is sacred. Every step that is taken upon Her should be as a prayer. Black Elk, Oglala Sioux, 1953 For countless years, American Indians have worshipped at natural sites, holding the... |
1991 |
| George R. Hesse |
Securing Tangible Results of Self-determination: a Scheme to Solicit Support from the International Boundary and Water Commission for Indigenous Peoples' Water Rights Claims |
8 Arizona Journal of International & Comparative Law 149 (1991) |
From the California coast to El Paso, Texas, the boundary between the United States and Mexico appears as if it were drawn with a ruler. In this border region the international boundary's straight lines appear wholly indifferent to landmarks, either natural or human-made. Similarly, the border's placement was indifferent to the status and culture... |
1991 |
| Elizabeth A. Pearce |
Self-determination for Native Americans: Land Rights and the Utility of Domestic and International Law |
22 Columbia Human Rights Law Review 361 (Spring, 1991) |
Native Americans are seeking a greater measure of self-determination. They have made advances in some areas, but they continue to desire greater freedom of choice in others. Self-determination is a broad and ambiguous term in contemporary international human rights law. Generally, it is the right of a people to practice and maintain a particular... |
1991 |
| Robert J. Miller |
Speaking with Forked Tongues: Indian Treaties, Salmon, and the Endangered Species Act |
70 Oregon Law Review 543 (Fall, 1991) |
Great Nations, like great men, should keep their word. As long as water flows, or grass grows upon the earth, or the sun rises to show your pathway, or you kindle your camp fires, so long shall you be protected by this Government. In the mid-1800s, as white settlers began migrating to the Oregon and Washington territories, Northwest Indian... |
1991 |