| Author | Title | Citation | Summary | Year |
| Mary Kancewick , Eric Smith |
Subsistence in Alaska: Towards a Native Priority |
59 UMKC Law Review 645 (Spring, 1991) |
In 1971, Congress passed the Alaska Native Claims Settlement Act (ANCSA). ANCSA addressed the land claims of Alaska natives and purported to extinguish any aboriginal hunting or fishing rights that may exist. The conference committee report which accompanied the claims act stated that t he Conference Committee expects both the Secretary and the... |
1991 |
| Sandra Hansen, Esq. |
Survey of Civil Jurisdiction in Indian Country 1990 |
16 American Indian Law Review 319 (1991) |
Long before their contact with European nations, most Indian tribes were independent, self-governing societies. The degree of organization varied from the League of the Iroquois, a confederation of tribes with a population between 10,000 and 17,000, to the entities of the Pacific Northwest, where the basic political unit consisted of family groups... |
1991 |
| Kevin J. Worthen |
Sword or Shield: the past and Future Impact of Western Legal Thought on American Indian Sovereignty |
104 Harvard Law Review 1372 (April, 1991) |
[American Indian tribes'] rights to complete sovereignty, as independent nations, were necessarily diminished, and their power to dispose of the soil at their own will, to whomsoever they pleased, was denied by the original fundamental principle that discovery gave exclusive title to those who made it. Chief Justice Marshall's explanation of the... |
1991 |
| Robert Laurence |
The Abrogation of Indian Treaties by Federal Statutes Protective of the Environment |
31 Natural Resources Journal 859 (Fall, 1991) |
Natural resource exploitation and conservation: these are words of the 1990s. The idea of an oil slick the size of a small state floating near our most pristine coastline was shocking to many Americans, but no more shocking than the idea that we might, for the sake of the environment, have to reduce our consumption of oil. Hard choices lie ahead;... |
1991 |
| Elizabeth A. Harvey |
The Aftermath of Duro V. Reina: a Congressional Attempt to Reaffirm Tribal Sovereignty Through Criminal Jurisdiction over Nonmember Indians |
8 Thomas M. Cooley Law Review 573 (Michaelmas Term 1991) |
Throughout the history of the United States, congressional policy on Indian affairs has undergone a variety of changes. Change has often been extreme: from a policy of assimilation, to a policy of self-determination. These policies, and the courts' interpretation of them, have had varying effects on tribes' inherent sovereignty. Although current... |
1991 |
| Elizabeth A. Harvey |
THE AFTERMATH OF DURO v. REINA: A CONGRESSIONAL ATTEMPT TO REAFFIRM TRIBAL SOVEREIGNTY THROUGH CRIMINAL JURISDICTION OVER NONMEMBER INDIANS |
8 Thomas M. Cooley Law Review 573 (Michaelmas Term 1991) |
Throughout the history of the United States, congressional policy on Indian affairs has undergone a variety of changes. Change has often been extreme: from a policy of assimilation, to a policy of self-determination. These policies, and the courts' interpretation of them, have had varying effects on tribes' inherent sovereignty. Although current... |
1991 |
| Jo Carrillo |
The American Indian and the Problem of History (C. Martin Ed. 1987) |
33 Arizona Law Review 281 (1991) |
The time of my birth was in the moon when the berries are ripe, in the last part of the summer. My father was a Cheyenne Indian; my mother was a Sioux. My parents brought up their family as members of the Cheyenne tribe. Our people traveled over the whole country between the Elk River and Mexico. Introductions complete, Iron Teeth begins her oral... |
1991 |
| Melissa L. Koehn |
The American Indian in Western Legal Thought: the Discourses of Conquest. By Robert A. Williams, Jr. New York: Oxford University Press. 1990. Pp. Xi, 352. $39.95 |
89 Michigan Law Review 1719 (May, 1991) |
On October 12, 1992, many people in Western nations will celebrate the quincentenary of Columbus' voyage to the New World. The U.S. Congress has established a Quincentenary Jubilee Commission, and the United Nations, in its 1982 session, considered a proposal to designate 1992 as the Year of the Fifth Centennial of the Discovery of America.... |
1991 |
| Richard T. Pfohl |
The American Indian in Western Legal Thought: the Discourses of Conquest. Robert A. Williams, Jr. New York: Oxford University Press, 1990. Pp. 352. $39.95, Cloth |
26 Harvard Civil Rights-Civil Liberties Law Review 295 (Winter, 1991) |
Nineteen ninety-two will mark the 500th anniversary of the first encounter by American Indians with a European legal tradition that has shaped, and often decimated, their lives. Christopher Columbus claimed the lands of the New World under the medieval doctrine of discovery, which held that Christian nations discovering lands held by infidels... |
1991 |
| Dean B. Suagee |
The Application of the National Environmental Policy Act to "Development" in Indian Country |
16 American Indian Law Review 377 (1991) |
C1-3TABLE OF CONTENTS L1-2Introduction 379 I. The Statutory Language of NEPA. 382 A. The Requirement to Prepare an Environmental Impact Statement (EIS). 383 B. The Purposes and Policy of NEPA. 384 II. Some Historical Background. 386 A. BIA Resistance to NEPA. 387 B. The Bigger Picture: Problems in the Early Implementation of NEPA by Federal... |
1991 |
| David C. Williams |
The Borders of the Equal Protection Clause: Indians as Peoples |
38 UCLA Law Review 759 (April, 1991) |
In the Pacific Northwest, a relatively liberal area, apparently law-abiding citizens paste bumper stickers on their cars proclaiming, Save a salmon; can an Indian. This behavior seems to reflect an open and virulent racial hostility similar to the Southern reaction to the civil rights movement. The law, one might suppose, should set its face... |
1991 |
| Philip S. Deloria , Nell Jessup Newton |
The Criminal Jurisdiction of Tribal Courts over Non-member Indians |
38 Federal Bar News and Journal 70 (March, 1991) |
Throughout most of the history of federal Indian law, the United States Supreme Court has expressed extraordinary deference to Congress as the principal policymaker in Indian affairs, while often filling in gaps with imaginative characterizations of congressional intent or relying implicitly on its own power to create federal common law. Judicially... |
1991 |
| Philip S. Deloria , Nell Jessup Newton |
THE CRIMINAL JURISDICTION OF TRIBAL COURTS OVER NON-MEMBER INDIANS |
38 Federal Bar News and Journal 70 (March, 1991) |
Throughout most of the history of federal Indian law, the United States Supreme Court has expressed extraordinary deference to Congress as the principal policymaker in Indian affairs, while often filling in gaps with imaginative characterizations of congressional intent or relying implicitly on its own power to create federal common law. Judicially... |
1991 |
| Peter Fabish |
THE DECLINE OF TRIBAL SOVEREIGNTY: THE JOURNEY FROM DICTA TO DOGMA IN DURO v. REINA, 110 S.CT. 2053 (1990) |
66 Washington Law Review 567 (April, 1991) |
Abstract: In Duro v. Reina, the Supreme Court held that tribal courts do not have jurisdiction over Indians committing crimes within their territorial jurisdiction, but not belonging to their tribe. This holding is incompatible with judicial precedent as well as contemporary executive and congressional policy. The decision also creates serious... |
1991 |
| Laura Stomski |
The Development of Minimum Standards for the Protection and Promotion of Rights for Indigenous Peoples |
16 American Indian Law Review 575 (1991) |
In Brazil, the government condones the killing of Indians by miners in the Yanomamo region. The same government treats the Kayapo Indians as a threat to national security for their opposition to the government's proposal to build a dam on their land. In El Salvador, the government does not even recognize the existence of their indigenous... |
1991 |
| H. Elizabeth Dallam |
The Growing Voice of Indigenous Peoples: Their Use of Storytelling and Rights Discourse to Transform Multilateral Development Bank Policies |
8 Arizona Journal of International & Comparative Law 117 (1991) |
In February, 1988, the leader of the Kayapó Indians of Brazil, Paulinho Paiakan, spoke directly with World Bank officials. Paiakan voiced his concerns over World Bank plans to finance a massive hydro-electric damthe Altamira-Xingu River Complexthat would flood 7.6 million hectares of land in the Central Amazon region. Eighty-five percent of the... |
1991 |
| Rachael Paschal |
The Imprimatur of Recognition: American Indian Tribes and the Federal Acknowledgment Process |
66 Washington Law Review 209 (January, 1991) |
The Bureau of Indian Affairs administers a program to federally acknowledge unrecognized Indian tribes. The federal acknowledgment process requires that petitioning tribes meet stringent anthropological, historical, and genealogical criteria. These criteria, however, do not accurately reflect prior standards of federal recognition, and... |
1991 |
| Rachael Paschal |
THE IMPRIMATUR OF RECOGNITION: AMERICAN INDIAN TRIBES AND THE FEDERAL ACKNOWLEDGMENT PROCESS |
66 Washington Law Review 209 (January, 1991) |
Abstract: The Bureau of Indian Affairs administers a program to federally acknowledge unrecognized Indian tribes. The federal acknowledgment process requires that petitioning tribes meet stringent anthropological, historical, and genealogical criteria. These criteria, however, do not accurately reflect prior standards of federal recognition, and... |
1991 |
| Mark A. Inciong |
The Lost Trust: Native Hawaiian Beneficiaries under the Hawaiian Homes Commission Act |
8 Arizona Journal of International & Comparative Law 171 (1991) |
The United States Congress passed the Hawaiian Homes Commission Act (HHCA), 1920 on July 9, 1921, and declared its intention to assist in the rehabilitation of the Native Hawaiian race. The HHCA set aside 194,300 acres of land as Hawaiian home lands and proposed to lease homestead plots to Native Hawaiians to assist them with the rehabilitation... |
1991 |
| Raidza Torres |
The Rights of Indigenous Populations: the Emerging International Norm |
16 Yale Journal of International Law 127 (Winter, 1991) |
I. INTRODUCTION II. THE PROBLEM: INDIGENOUS POPULATIONS THROUGHOUT THE WORLD A. Cultural Protections B. Land C. Individual and Welfare Rights D. Self-Determination III. THE NORM: CULTURAL PROTECTIONS, ABORIGINAL LAND RIGHTS, INDIVIDUAL AND COLLECTIVE RIGHTS, AND SELF-DETERMINATION A. Before the Norm: Indigenous Affairs Before 1972 B. The... |
1991 |
| Jessica Bacal |
The Shadow of Lone Wolf: Native Americans Confront Risks of Quantification of Their Reserved Water Rights |
12 University of Bridgeport Law Review Rev. 1 (1991) |
I. Introduction II. Native American History and Federal Indian Law A. Native American History B. Federal Indian Law III. Winters And Its Progeny A. Prior Appropriation and Riparian Doctrine B. Reserved Rights C. Clarification and Expansion of Reserved Rights Doctrine IV. Turning Paper Rights Into Water: Quantification A. Choices for Resolution B.... |
1991 |
| Kenneth Factor |
TIGHTENING THE NOOSE ON TRIBAL CRIMINAL JURISDICTION: DURO v. REINA |
27 Tulsa Law Journal 225 (Winter, 1991) |
From the commencement of our government, congress has passed acts to regulate . intercourse with the Indians; which treat them as nations [and] respect their rights. All these acts . manifestly consider the several Indian nations as distinct political communities, having territorial boundaries, within which their authority is exclusive, and having... |
1991 |
| Fredric Brandfon |
Tradition and Judicial Review in the American Indian Tribal Court System |
38 UCLA Law Review 991 (April, 1991) |
The way of life for North American Indian tribes has changed profoundly since the European invasion and settlement of the New World began over 300 years ago. Change has affected all elements of tribal life, including Indian methods of dispute resolution. Traditional tribal mechanisms for dispute resolution have been replaced by a version of the... |
1991 |
| Carla Christofferson |
Tribal Courts' Failure to Protect Native American Women: a Reevaluation of the Indian Civil Rights Act |
101 Yale Law Journal 169 (October, 1991) |
Congress has always exercised control over Native American peoples through its plenary powers. In 1968, that control took the form of the Indian Civil Rights Act (ICRA). The ICRA represents a congressional decision to limit Native American sovereignty by setting forth an Indian Bill of Rights that applies to Native American tribes. It is Congress'... |
1991 |
| Diane Allbaugh |
Tribal Jurisdiction over Indian Children: Mississippi Band of Choctaw Indians V. Holyfield |
16 American Indian Law Review 533 (1991) |
In 1978, Congress enacted the Indian Child Welfare Act (ICWA), creating exclusive tribal jurisdiction over custody and placement proceedings of Indian children. Yet the ICWA went unaddressed by the United States Supreme Court for more than a decade. Finally, in April 1989, the Supreme Court handed down Mississippi Band of Choctaw Indians v.... |
1991 |
| Frank R. Pommersheim |
TRIBAL-STATE RELATIONS: HOPE FOR THE FUTURE? |
36 South Dakota Law Review 239 (1991) |
The nature and texture of tribal-state relations are central elements in the field of Indian law, as well as powerful coordinates in assaying the future of the West--particularly in the critical areas of water and natural resources that are vital to the well being of the region. In addition, these relationships often serve as the cutting edge for... |
1991 |
| Sharon O'Brien |
Tribes and Indians: with Whom Does the United States Maintain a Relationship? |
66 Notre Dame Law Review 1461 (1991) |
Federal Indian itself law is a mythical creature because it is composed of badly written, vaguely phrased and ill-considered federal statutes; hundreds of self-serving Solicitor's Opinions and regulations; and state, federal, and Supreme Court decisions which bear little relationship to rational thought and contain a fictional view of American... |
1991 |
| Sharon O'Brien |
TRIBES AND INDIANS: WITH WHOM DOES THE UNITED STATES MAINTAIN A RELATIONSHIP? |
66 Notre Dame Law Review 1461 (1991) |
Federal Indian itself law is a mythical creature because it is composed of badly written, vaguely phrased and ill-considered federal statutes; hundreds of self-serving Solicitor's Opinions and regulations; and state, federal, and Supreme Court decisions which bear little relationship to rational thought and contain a fictional view of American... |
1991 |
| Michael M. McPherson |
Trustees of Hawaiian Affairs V. Yamasaki and the Native Hawaiian Claim: Too Much of Nothing |
21 Environmental Law 453 (1991) |
Near the close of the nineteenth century, the United States of America used military intervention to topple the Hawaiian monarchy and to install in its place a provisional government. With the consent of that government, the United States subsequently ceded to itself sovereignty over the Hawaiian Islands. The author argues that transfer of title to... |
1991 |
| Bradley B. Furber |
Two Promises, Two Propositions: the Wheeler-howard Act as a Reconciliation of the Indian Law Civil War |
14 University of Puget Sound Law Review 211 (Winter, 1991) |
I. Introduction II. The Nature and Scope of Tribal Self-Government A. The Concept of Sovereignty As it Relates to Indian Tribes B. The Competing Theories Of Indian Tribal Sovereignty: A Quick Survey 1. The Tribal Self-Government As Congressional License View 2. The Views of Felix S. Cohen 3. The Permanent-Separate-Extra-Constitutional View 4. The... |
1991 |
| Kevin J. Worthen |
Two Sides of the Same Coin: the Potential Normative Power of American Cities and Indian Tribes |
44 Vanderbilt Law Review 1273 (November, 1991) |
A. The Status of Cities B. The Status of Indian Tribes A. Constitutional Nonrecognition: Voluntary Governments B. Lack of Constitutional Protection: Consensus, Acceptance, and Values C. Territory and Association: Public Intermediary Institutions A. Traditional Sources of Power B. Constituent Base A. Local Governments and Individual Rights: A Lesson... |
1991 |
| Kevin J. Worthen |
TWO SIDES OF THE SAME COIN: THE POTENTIAL NORMATIVE POWER OF AMERICAN CITIES AND INDIAN TRIBES |
44 Vanderbilt Law Review 1273 (November, 1991) |
A. The Status of Cities B. The Status of Indian Tribes A. Constitutional Nonrecognition: Voluntary Governments B. Lack of Constitutional Protection: Consensus, Acceptance, and Values C. Territory and Association: Public Intermediary Institutions A. Traditional Sources of Power B. Constituent Base A. Local Governments and Individual Rights: A Lesson... |
1991 |
| Sharon Womack Doty |
United States V. Renville: the Unsettling Condition of the Settled Law Applying the Assimilated Crimes Act to Indians |
16 American Indian Law Review 247 (1991) |
There are three federal laws which govern criminal prosecution of Indians and non-Indians for offenses committed in Indian Country. The plain language of these laws seems clear and unambiguous. Their application, however, is neither. The first of these three laws is the Major Crimes Act (MCA), which names fourteen serious crimes falling under the... |
1991 |
| Joseph R. Lux |
When Is an Indian Not an "Indian?"--state V. Daly |
36 South Dakota Law Review 419 (1991) |
Daly, a Lumbee Indian, pleaded guilty to a burglary committed on the Rosebud Sioux Tribal Reservation. Relying on the Indian Major Crimes Act, the South Dakota state trial court dismissed the State's prosecution of Daly for lack of state jurisdiction, even though the Lumbee Indian Act specifically makes inapplicable to the Lumbee Indians the laws... |
1991 |
| Lee Swepston |
A New Step in the International Law on Indigenous and Tribal Peoples: Ilo Convention No.169 of 1989 |
15 Oklahoma City University Law Review 677 (Fall, 1990) |
At its 76th Session (Geneva, June 1989), the International Labour Conference adopted the Indigenous and Tribal Peoples Convention (No. 169), revising its earlier Indigenous and Tribal Populations Convention (No. 107) of 1957. With the adoption of this convention, what Russel Barsh has termed an emerging object of international law has taken its... |
1990 |
| by Dennis W. Arrow |
Albert Duro |
1989-90 Preview of United States Supreme Court Cases 181 (1/26/1990) |
In a controversial but apparently stable 1978 decision, the United States Supreme Court decided that Indian tribal courts lack inherent criminal jurisdiction (absent federal statute) to try or punish non-Indians for crimes committed on their reservations. Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978). Later cases (and, for that matter,... |
1990 |
| by Dennis W. Arrow |
Albert Duro |
1989-90 Preview of United States Supreme Court Cases 181 (1/26/1990) |
In a controversial but apparently stable 1978 decision, the United States Supreme Court decided that Indian tribal courts lack inherent criminal jurisdiction (absent federal statute) to try or punish non-Indians for crimes committed on their reservations. Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978). Later cases (and, for that matter,... |
1990 |
| William L. Monts, III |
Allied Tube & Conduit Corp. V. Indian Head, Inc.: an Emerging Conceptual Framework for Claims of Noerr Immunity? |
41 South Carolina Law Review 633 (Spring, 1990) |
Since its decision in Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc. the Supreme Court has made it clear that no violation of the Sherman Act can be predicated solely on efforts to persuade the legislature or the executive to take particular action with respect to a law that would produce a restraint of trade or a monopoly.... |
1990 |
| Russel Lawrence Barsh |
An Advocate's Guide to the Convention on Indigenous and Tribal Peoples |
15 Oklahoma City University Law Review 209 (Spring, 1990) |
The past decade's growing global political mobilization of indigenous peoples has focused on the possibility of some kind of coordinated action by the United Nations. International Labour Organization (ILO) Convention No. 107, adopted in 1959, was the only international instrument to address indigenous rights expressly, but had long been viewed as... |
1990 |
| J. Brett Pritchard |
Conduct and Belief in the Free Exercise Clause: Developments and Deviations in Lyng V. Northwest Indian Cemetery Protective Association |
76 Cornell Law Review 268 (November, 1990) |
I am convinced that no liberty is more essential to the continued vitality of the free society which our Constitution guarantees than is the religious liberty protected by the Free Exercise Clause explicit in the First Amendment and imbedded in the Fourteenth. The free exercise clause of the first amendment prohibits a legislature from enacting... |
1990 |
| Philip P. Frickey |
Congressional Intent, Practical Reasoning, and the Dynamic Nature of Federal Indian Law |
78 California Law Review 1137 (October, 1990) |
Federal Indian law is a little understood, almost mysterious corner of public law. One major reason is that the Supreme Court has accorded Congress plenary power over Indian affairs. Taken to its logical conclusion, this doctrine would require the Court to follow congressional intent in deciding Indian law cases. The author demonstrates, however,... |
1990 |
| Keith Haroldson |
Constitutional Law--federal Land Use Decision That Is Not an Outright Prohibition, Coercion, or Penalty on the Practice of a Religion Does Not Burden the Faith in a Manner That Violates the Free Exercise Clause--lyng V. Northwest Indian Cemetery Protectiv |
39 Drake Law Review 563 (1989-1990) |
Approximately 5,000 Native American Indians who are members of the Yurok, Karok, and Tolowa tribes reside on or near the Hoopa Valley Indian Reservation in northwestern California. Within the Six Rivers National Forest, which adjoins the reservation, is an area that these tribes have held sacred for at least 200 years. This area, known as the high... |
1990 |
| Robert J. Miller |
Correcting Supreme Court "Errors"': American Indian Response to Lyng V. Northwest Indian Cemetery Protective Association |
20 Environmental Law 1037 (1990) |
In Lyng v. Northwest Indian Cemetery Protective Association, the Supreme Court refused to enjoin road building and logging activities that were in close proximity to sacred Indian sites in northern California. This Note describes the failure of the United States's laws to protect Indian religious rights. AIRFA, federal legislation passed to protect... |
1990 |
| Sidney L. Harring |
Crazy Snake and the Creek Struggle for Sovereignty: the Native American Legal Culture and American Law |
34 American Journal of Legal History 365 (October, 1990) |
The continued strength of Native American culture in the 1980s has a clear relationship to the renewed attention that sovereignty has received as the key unifying concept in both Indian law (and here I mean both federal Indian law and tribal law) and in tribal politics. The precise nature of this relationship is complex, for in tribal society... |
1990 |
| John E. Peterson II |
Dance of the Dead: a Legal Tango for Control of Native American Skeletal Remains |
15 American Indian Law Review 115 (1990) |
The conflict over whether to retain or return archeologically excavated human skeletal materials and associated grave items of Native American origin is a topic of intense debate. It involves a host of participants, and the heart of the issue involves a conflict of values. As such, it is an issue that challenges resolution because it requires an... |
1990 |
| Thomas H. Boyd |
Disputes Regarding the Possession of Native American Religious and Cultural Objects and Human Remains: a Discussion of the Applicable Law and Proposed Legislation |
55 Missouri Law Review 883 (Fall, 1990) |
The United States' policy concerning Native Americans has fluctuated and changed a great deal. During the evolution of this policy, there has been great unfairness and inequity in the negotiation and enforcement of treaties and in the application of federal legislation. Until just three decades ago the federal government actively pursued a policy... |
1990 |
| Robert A. Williams, Jr. |
Encounters on the Frontiers of International Human Rights Law: Redefining the Terms of Indigenous Peoples' Survival in the World |
1990 Duke Law Journal 660 (September, 1990) |
The global movement for human rights is redefining the world as we know it. Our contemporary ideas about lawonce so stable, so sure that law was made and remade according to the positivities of state sovereignty in the worldhave failed us. We are not prepared to deal with the sudden emergence of human values as reflected in a global discourse... |
1990 |
| William W. Quinn, Jr. |
Federal Acknowledgment of American Indian Tribes: the Historical Development of a Legal Concept |
34 American Journal of Legal History 331 (October, 1990) |
[T]here is nothing in the whole compass of our laws so anomalous, so hard to bring within any precise definition, or any logical and scientific arrangement of principles, as the relation in which the Indians stand toward this government and those of the States. Hugh S. Legare U.S. Attorney General (1841-43) Tracing the gradual evolution of an... |
1990 |
| Celia Byler |
Free Access or Free Exercise?: a Choice Between Mineral Development and American Indian Sacred Site Preservation on Public Lands |
22 Connecticut Law Review 397 (Winter, 1990) |
For centuries, Native Americans have performed traditional religious rituals and ceremonies at sacred sites. The continued existence of sacred sites in an undisturbed state is essential to the survival of traditional Native American religions. Although many sacred sites are located on American Indian lands, some sites are located on land now owned... |
1990 |
| Robert A. Williams, Jr. |
Gendered Checks and Balances: Understanding the Legacy of White Patriarchy in an American Indian Cultural Context |
24 Georgia Law Review 1019 (Summer, 1990) |
The emerging legal voices of feminists, peoples of color, gays and lesbians are not privileged by the dominant culture and discourses of our society. Perhaps this is because the Outsider Jurisprudence' envisioned by this community of legal scholars is dedicated to the project of dismantling the legacy of white patriarchy in our society. Outsider... |
1990 |