| Author | Title | Citation | Summary | Year |
| 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 |
| John B. Winski |
There Are Skeletons in the Closet: the Repatriation of Native American Human Remains and Burial Objects |
34 Arizona Law Review 187 (1992) |
What would you do if you discovered that the dead bodies of your relatives had been removed from the grave and placed in a box on a shelf? Worse yet, what if they were placed on public display? What if you saw your grandmother's wedding ring, which she wore to the grave, for sale at a local jewelry store? If you are like most Americans, White, of... |
1992 |
| Deborah Jo Borrero |
They Never Kept but One Promise -- County of Yakima V. Confederated Tribes and Bands of the Yakima Indian Nation, 112 S. Ct. 683 (1992) |
67 Washington Law Review 937 (October, 1992) |
Despite congressional efforts to promote tribal self-determination and self-governance, the Supreme Court continues to give effect to disastrous assimilative policies of the past. A particularly far-reaching case, County of Yakima v. Confederated Tribes and Bands of the Yakima Indian Nation, upheld state property taxation of tribal land... |
1992 |
| |
Treaties: Interpretation of Reservation Boundaries |
17 American Indian Law Review 671 (1992) |
This case arose out of a magistrate's effort to allocate fishing rights in the waters of Bellingham Bay in the state of Washington. At issue was the location of the eastern boundary of the Lummi reservation which was created under the 1855 Treaty of Point Elliott. The state relied on language in an Executive Order of 1873 which defined the eastern... |
1992 |
| Sally Falk Moore |
Treating Law as Knowledge: Telling Colonial Officers What to Say to Africans about Running "Their Own" Native Courts |
26 Law and Society Review 11 (1992) |
This article is presented at two levels throughout. On the surface it is a straightforward historical analysis of a directive to British officers in charge of African courts in the late colonial period, with some African data adduced to sketch the local context into which the British were trying to insert new procedures and practices. On a deeper... |
1992 |
| J. Bart Wright |
Tribes V. States: Zoning Indian Reservations |
32 Natural Resources Journal 195 (Winter, 1992) |
In Brendale v. Confederated Tribes & Bands of Yakima Indian Nation the United States Supreme Court restricted the Yakima Indian Nation's power to zone nonIndian owned land within portions of its reservation, but a badly fractured Court could not agree on a single rationale. Philip Brendale owned a 160 acre tract within a restricted area of the... |
1992 |
| Gene A. Marsh |
Walking the Spirit Trail: Repatriation and Protection of Native American Remains and Sacred Cultural Items |
24 Arizona State Law Journal 79 (Spring, 1992) |
I. INTRODUCTION. 81 II. ISSUES AND PERSPECTIVES INVOLVING THE ACQUISITION, OWNERSHIP, AND EXHIBITION OF NATIVE AMERICAN REMAINS AND ARTIFACTS. 82 A. What is at Stake?. 82 B. Diverse Groups Are Involved in the Taking or Preserving of Remains, Artifacts, and Sites. 86 1. Professional Archaeologists. 86 2. Amateur Archaeologists. 87 3. Pothunters,... |
1992 |
| Susan D. Brienza |
Wet Water Vs. Paper Rights: Indian and Non-indian Negotiated Settlements and Their Effects |
11 Stanford Environmental Law Journal 151 (1992) |
There are a lot of lawyers here. You lawyers shouldn't just have one-track minds. Don't just sell us rights and lawsuits. We can't drink them. We can't afford to assert them, in some cases, in court. And we won't have them very long. We need you to be more innovative, rather than just saying it's unconstitutional, it's this, it's that . . . .... |
1992 |
| Bradley I. Nye |
Where Do the Buffalo Roam? Determining the Scope of American Indian Off-reservation Hunting Rights in the Pacific Northwest |
67 Washington Law Review 175 (January, 1992) |
Courts have failed to develop a uniform test to determine the extent of Indian off-reservation hunting rights in the Pacific Northwest. Though the language guaranteeing these rights is consistent from treaty to treaty, analysis of this language varies widely from court to court. The United States Supreme Court employs three well-founded... |
1992 |
| James Riding In |
Without Ethics and Morality: a Historical Overview of Imperial Archaeology and American Indians |
24 Arizona State Law Journal 11 (Spring, 1992) |
Law, morality, and ethics are functions of culture. In this sense, attitudes of a society toward its dead are passed on generationally and usually codified. English common law, for example, mandates punishment for persons who desecrate graves. Every state in the United States has enacted statutes protecting the dead. Exhumation can take place only... |
1992 |
| Melanie P. Baise |
A New Limitation on Indian Tribal Sovereignty: No Criminal Jurisdiction over Nonmember Indians |
15 Southern Illinois University Law Journal 623 (Spring, 1991) |
Disputes concerning the jurisdiction of Indian tribes over persons and activities on tribal lands have been a part of American jurisprudence since early in the nation's history. In the most recent case, Duro v. Reina, the United States Supreme Court considered whether Indian tribes possess the power of criminal jurisdiction over Indians who are not... |
1991 |
| Melanie P. Baise |
A NEW LIMITATION ON INDIAN TRIBAL SOVEREIGNTY: NO CRIMINAL JURISDICTION OVER NONMEMBER INDIANS |
15 Southern Illinois University Law Journal 623 (Spring, 1991) |
Disputes concerning the jurisdiction of Indian tribes over persons and activities on tribal lands have been a part of American jurisprudence since early in the nation's history. In the most recent case, Duro v. Reina, the United States Supreme Court considered whether Indian tribes possess the power of criminal jurisdiction over Indians who are not... |
1991 |
| Stephen P. McCleary |
A Proposed Solution to the Problem of State Jurisdiction to Tax on Indian Reservations |
26 Gonzaga Law Review 627 (1990/1991) |
INTRODUCTION I. THE GREENROCK INDIAN RESERVATION AND THE STATE OF WEST COLUMBIA II. INDIAN LAW BACKGROUND A. General Background B. Synthesis of the Tax Cases III. BUSINESS ENTERPRISES ON AND OFF THE GREENROCK RESERVATION A. Don's Smokeshop 1. Sales Tax on the Reservationthe Moe Case 2. The Sales Tax Revisitedthe Colville Case B. Tribe Grocery and... |
1991 |