| Author | Title | Citation | Summary | Year |
| Richard A. DuBey , Mervyn T. Tano , Grant D. Parker |
Protection of the Reservation Environment: Hazardous Waste Management on Indian Land |
18 Environmental Law 449 (Spring, 1988) |
I. INTRODUCTION. 450 II. HAZARDOUS WASTE AND THE RESERVATION ENVIRONMENT. 453 A. The Reservation Environment. 453 B. The Resource Conservation and Recovery Act. 455 C. The Federal RCRA Management Program. 457 D. State RCRA Programs. 458 E. Hazardous Wastes and Indian Lands. 459 III. WASHINGTON DEPARTMENT OF ECOLOGY v. EPA: A CASE OF FIRST... |
1988 |
| Jill Norgren |
Protection of What Rights They Have: Original Principles of Federal Indian Law |
64 North Dakota Law Review 73 (1988) |
I. INTRODUCTION. 74 II. LAW AND THE EARLY EUROPEANS IN THE NEW WORLD. 75 A. THE SPANISH. 76 B. THE DUTCH AND THE BRITISH. 78 III. REVOLUTIONARY AND TRANSITION YEARS. 79 IV. ENTER THE COURT: THE DEVELOPMENT OF DOCTRINE IN FLETCHER, WILSON, AND JOHNSON. 83 A. THE YAZOO CASE: FLETCHER V. PECK. 83 B. NEW JERSEY V. WILSON. 87 C. JOHNSON V. M'INTOSH:... |
1988 |
| |
Sovereign Immunity-indian Tribal Sovereignty-tribes Not Immune from Suits Arising from Off-reservation Business Activity-padilla V. Pueblo of Acoma, 107 N.m. 174, 754 P.2d 845 (1988). |
102 Harvard Law Review 556 (December, 1988) |
Indian tribes have enjoyed a quasi-sovereign status since the Supreme Court decision in Cherokee Nation v. Georgia in 1831. Chief Justice Marshall, describing the nature of this status, explained that, although the tribes are nations, they are domestic dependent nations, and their relationship to the national government resembles that of a... |
1988 |
| Debra L. Donahue |
Taking a Hard Look at Mitigation: the Case for the Northwest Indian Rule |
59 University of Colorado Law Review 687 (Summer, 1988) |
Since its passage almost twenty years ago, the National Environmental Policy Act (NEPA, or the Act) has spawned countless lawsuits and administrative appeals and scores of articles. The target of much of the attention has been the adequacy of the environmental impact statement (EIS)the detailed statement which the Act requires federal agencies... |
1988 |
| Mark K. Ulmer |
The Legal Origin and Nature of Indian Housing Authorities and the Hud Indian Housing Programs |
13 American Indian Law Review 109 (1988) |
In order to efficiently transform federal assistance into decent, safe, and sanitary homes for American Indians on Indian reservations, the Department of Housing and Urban Development (HUD) established and presently regulates a system whereby financial and technical assistance is provided to local Indian housing authorities (IHAs). An IHA may be... |
1988 |
| John A. Folk-Williams |
The Use of Negotiated Agreements to Resolve Water Disputes Involving Indian Rights |
28 Natural Resources Journal 63 (Winter, 1988) |
Disputes about the nature of Indian rights in water resources are widespread throughout the western United States. Studies in 1982 and 1984 enumerated more than fifty cases in fourteen western states in which a wide variety of issues were in litigation. These issues include the quantification of Indian rights to both surface and groundwater,... |
1988 |
| Leanora A. Kovacs |
United States V. Cherokee Nation--indian Water Rights: Giving with One Hand and Taking with the Other |
6 Pace Environmental Law Review 255 (Fall, 1988) |
In the United States v. Cherokee Nation of Oklahoma, the United States Supreme Court addressed whether the Cherokee Nation, having fee simple title to portions of the bed of the Arkansas River, should be paid just compensation for damages to sand and gravel interests caused by navigational improvements to the river. The Supreme Court held that the... |
1988 |
| Patricia Owen |
Who Is an Indian? Duro V. Reina's Examination of Tribal Sovereignty and Criminal Jurisdiction over Nonmember Indians |
1988 Brigham Young University Law Review 161 (1988) |
Congress and the courts have grappled with Indian issues since the formation of our country. The difficulty of resolving Indian issues stems partially from the difference between what being an Indian' signifies to the Native American and what it signifies to Congress and to the courts. The determination of who is an Indian directly impacts the... |
1988 |
| Patricia Owen |
WHO IS AN INDIAN? DURO v. REINA'S EXAMINATION OF TRIBAL SOVEREIGNTY AND CRIMINAL JURISDICTION OVER NONMEMBER INDIANS |
1988 Brigham Young University Law Review 161 (1988) |
Congress and the courts have grappled with Indian issues since the formation of our country. The difficulty of resolving Indian issues stems partially from the difference between what being an Indian' signifies to the Native American and what it signifies to Congress and to the courts. The determination of who is an Indian directly impacts the... |
1988 |
| Mark S. Cohen |
American Indian Sacred Religious Sites and Government Development: a Conventional Analysis in an Unconventional Setting |
85 Michigan Law Review 771 (February, 1987) |
When the Lord saw that Moses had turned aside to look, he called to him out of the bush, Moses, Moses. And Moses answered, Yes, I am here. God said, Come no nearer; take off your sandals; the place where you are standing is holy ground. -- Exodus 3:1-6 [I]n the long run if the expansion is permitted, we will not be able successfully to teach... |
1987 |
| Edward J. Littlejohn , Leonard S. Rubinowitz |
Black Enrollment in Law Schools: Forward to the Past? |
12 Thurgood Marshall Law Review 415 (Summer, 1987) |
For a hundred years after the first Black student entered an American law school in 1868, Blacks were barely visible in law schools. Starting in the late 1960s, they made modest gains in enrollment. Black representation in law school peaked within a decade, and leveled off by the mid-1970s. This enrollment plateau continued until the mid-1980s,... |
1987 |
| Dennis W. Arrow |
Contemporary Tensions in Constitutional Indian Law |
12 Oklahoma City University Law Review 469 (Fall, 1987) |
Initially, it must be noted that American Indian Law is a unique amalgam of constitutional, common law, statutory, and international legal principles, resulting in the inevitable lack of success of attempts to excise the nonconstitutional from the strictly constitutional. In order to ameliorate this conundrum, those cases resulting in either... |
1987 |
| Frank Pommersheim |
Economic Development in Indian Country: What Are the Questions? |
12 American Indian Law Review 195 (1987) |
Poverty in Indian country, particularly in South Dakota, continues to be substantial. Several reservation counties, such as Shannon County on the Pine Ridge Reservation, Buffalo County on the Crow Creek Reservation, Ziebach County on the Cheyenne River Reservation, and Todd County on the Rosebud Reservation, are among the poorest in the United... |
1987 |
| Catherine E. Pope |
Environmental Law-federal Indian Law-recent Developments-state of Washington, Department of Ecology V. United States Environmental Protection Agency 752 F.2d 1465 (9th Cir. 1985) |
27 Natural Resources Journal 739 (Summer, 1987) |
The Ninth Circuit held that the Resource Conservation and Recovery Act which delegates to states the power to implement and enforce hazardous waste plans over persons within the state does not extend state power over Indian lands. For the past decade, the question of jurisdictional authority over environmental protection programs within Indian... |
1987 |
| Fred Unmack |
Equality under the First Amendment: Protecting Native American Religious Practices on Public Lands |
8 Public Land Law Review 165 (1987) |
The First Amendment to the United States Constitution forbids Congress from making any law respecting an establishment of [a] religion or prohibiting the free exercise thereof. Like all United States citizens, Lative Americans are guaranteed the right to practice their religions free from governmental interference. Yet not until the recent... |
1987 |
| David L. Gregory |
Incremental Progress: a Study of American Indian Law |
1987 Wisconsin Law Review 493 (1987) |
Professor Charles Wilkinson has provided a timely and scholarly legal analysis of the most disadvantaged population in the United States, the American Indians. His new book, American Indians, Time and the Law, is a through and thoughtful study. The depth of careful scholarship is immediately evident; the footnotes are nearly equal to the length of... |
1987 |
| Detlev Vagts, Robert A. Williams, Jr., University of Wisconsin Law School Member, Lumbee Indian Tribe |
Indian Rights--human Rights: Handbook for Indians on International Human Rights Complaint Procedures. Washington: Indian Law Resource Center, 1984. Pp. 129. $4. |
81 American Journal of International Law 490 (April, 1987) |
With the emergence of the United Nations as a world forum for debating differing conceptions of fundamental values, the concept of human rights has come to eclipse the prior normative paradigms of Western legal and political discourse. From one perspective, Western efforts to focus the attention of international legal and political forums on human... |
1987 |
| Sharon J. Bell |
Indian Title Problems: a Survival Primer |
1-OCT Probate and Property 30 (September/October, 1987) |
Like the Tar Baby, a dispute involving Indian land claims is sticky. Indian title problems can sometimes linger in an attorney's office for months or even years and involve time consuming bureaucratic procedures or costly federal litigation. For example, it took 35 years of litigation to determine the ownership of the Lete Kolvin allotment and its... |
1987 |
| |
International Human Rights Standards-setting: the Case of Indigenous Peoples |
81 American Society of International Law Proceedings 277 (April 8-11, 1987) |
The panel was convened on Friday, April 10, 1987, at 8:30 a.m., by the Chair, Maureen Davies. Professor Davies expressed the view that the topic of the panel concerned one of the most exciting and active areas of standards-setting in international human rights law at the time. The focus of discussion was devoted in particular to such core issues as... |
1987 |
| Lawrence B. Landman |
International Protection for American Indian Land Rights? |
5 Boston University International Law Journal 59 (Spring, 1987) |
The American Indian's most valued possession is his land. From the moment English settlers debarked at Jamestown, Virginia, white men took Indian land. Two billion acres were taken from the time of the American Revolution until the end of the nineteenth century. By 1970, all Indian land acquired by white men had a value of $560 billion. Yet, a... |
1987 |
| Donald D. MacIntyre |
Quantification of Indian Reserved Water Rights in Montana: State ex Rel. Greely in the Footsteps of San Carlos Apache Tribe |
8 Public Land Law Review 33 (1987) |
I. Introduction. 33 II. The Montana Cases at Issue in San Carlos Apache Tribe. 37 A. Procedural History. 37 B. The San Carlos Apache Tribe Decision. 39 C. The San Carlos Apache Tribe Dissents. 43 D. An Adherence to Prior Supreme Court Decisions. 45 III. State ex rel. Greely. 48 A. The Writ of Supervisory Control. 48 B. The State Constitutional... |
1987 |
| Donald D. MacIntyre |
QUANTIFICATION OF INDIAN RESERVED WATER RIGHTS IN MONTANA: STATE EX REL. GREELY IN THE FOOTSTEPS OF SAN CARLOS APACHE TRIBE |
8 Public Land Law Review 33 (1987) |
I. Introduction. 33 II. The Montana Cases at Issue in San Carlos Apache Tribe. 37 A. Procedural History. 37 B. The San Carlos Apache Tribe Decision. 39 C. The San Carlos Apache Tribe Dissents. 43 D. An Adherence to Prior Supreme Court Decisions. 45 III. State ex rel. Greely. 48 A. The Writ of Supervisory Control. 48 B. The State Constitutional... |
1987 |
| Steven M. Christenson |
Regulatory Jurisdiction over Non-indian Hazardous Waste in Indian Country |
72 Iowa Law Review 1091 (May, 1987) |
Hazardous waste presents a serious danger to the life and health of the 700,000 people living on Indian land. Although the Resource Conservation and Recovery Act of 1976 (RCRA) creates a comprehensive program for hazardous waste management, it fails to state how to implement a hazardous waste management program in Indian country. Under RCRA,... |
1987 |
| Charles K. Verhoeven |
South Carolina V. Catawba Indian Tribe: Terminating Federal Protection with 'Plain' Statements |
72 Iowa Law Review 1117 (May, 1987) |
The Indian Nonintercourse Act (Nonintercourse) provides that no land transaction between any tribe of Indians and another entity shall be valid without the consent of the United States. Over the past fifteen years, several suits have arisen under this Act, or its common-law precursor, in which Indian tribes have argued that a past land transaction... |
1987 |
| Linda P. Reppert |
State Taxation of Indian Oil and Gas Leases: Montana V. Blackfeet Tribe of Indians |
40 Tax Lawyer 459 (Winter, 1987) |
In Montana v. Blackfeet Tribe of Indians, the Supreme Court held that Montana could not tax certain royalty interests generated from oil and gas leases on Indian land even though non-Indian lessees paid the tax. This decision extends the traditional state tax exemption granted to Indian tribes and Indian individuals by broadening the exemption to... |
1987 |
| Gary Milhollin |
Stopping the Indian Bomb |
81 American Journal of International Law 593 (July, 1987) |
South Asia is now poised for a nuclear arms race. Pakistan has learned how to make enriched uraniumthe material that destroyed Hiroshima and has been buying the electronic switches and hollow steel spheres used for implosion. It has tested, successfully, an implosion bomb with a dummy core. On the Indian side, Prime Minister Rajiv Gandhi has been... |
1987 |
| Shannon D. Work |
The Alaska Native Claims Settlement Act: an Illusion in the Quest for Native Self-determination |
66 Oregon Law Review 195 (1987) |
[I]f they sell their stocks they would be selling their culture. They would be selling their land, their heritage. They would be left with nothing . . . because, after we lose our culture and our heritage, what else do we have? THE United States government's policy toward Native Americans appears, on the surface, to be evolving in a meaningful,... |
1987 |
| Robert A. Williams, Jr. |
The Hermeneutics of Indian Law |
85 Michigan Law Review 1012 (April/May, 1987) |
Professor Charles F. Wilkinson, author of a new book on federal Indian law entitled American Indians, Time, and the Law: Native Societies in a Modern Constitutional Democracy, is already one of the field's most accomplished and widely cited scholars. Besides numerous influential law review articles and coauthorship of a leading law school casebook,... |
1987 |
| William C. Canby, Jr. |
The Status of Indian Tribes in American Law Today |
62 Washington Law Review Rev. 1 (January, 1987) |
In describing the subject of my lecture to Dean Fletcher of this law school, I said that it would deal with two questions: Are the fundamental assumptions underlying the special status of Indian tribes changing? If so, what will be the effect of those changes? I considered simply saying that the answer to the first question is no and that the... |
1987 |
| Rachel San Kronowitz, Joanne Lichtman, Steven Paul McSloy, Matthew G. Olsen |
Toward Consent and Cooperation: Reconsidering the Political Status of Indian Nations |
22 Harvard Civil Rights-Civil Liberties Law Review 507 (Spring, 1987) |
C1-3Table of Contents I. Limiting Federal Plenary Power: Indian Sovereignty and the Constitution. 509 A. Historical Recognition of Indian Sovereignty. 511 1. International Law and the Colonial Period. 511 2. The Marshall Court Cases. 514 B. The Rise of Federal Plenary Power. 522 1. The Property Power and the Beginnings of Federal Power over Indians... |
1987 |
| Todd Howland |
U.s. Law as a Tool of Forced Social Change: a Contextual Examination of the Human Rights Violations by the United States Government Against Native Americans at Big Mountain |
7 Boston College Third World Law Journal 61 (Winter, 1987) |
I. INTRODUCTION. 61 II. THE BIG MOUNTAIN DISPUTE. 64 A. A Historical and Social Perspective. 64 B. The Reservations. 67 C. Current Legal Actions. 70 III. LEGAL STATUS OF AMERICAN INDIANS. 72 IV. OVERVIEW OF HUMAN RIGHTS VIOLATIONS. 78 A. Contemporary International Human Rights Law. 78 1. Right to Self-Determination. 80 2. Prohibition of Genocide.... |
1987 |
| Leslie Allen |
Who Should Control Hazardous Waste on Native American Lands? Looking Beyond Washington Department of Ecology V. Epa |
14 Ecology Law Quarterly 69 (1987) |
The Resource Conservation and Recovery Act of 1976 (RCRA) provides a comprehensive program to manage hazardous wastes. A central feature of the Act is that it encourages states to assume responsibility for hazardous waste activity within their borders. Although the Act does not specifically address the problem of hazardous waste on Native American... |
1987 |
| Daniel L. Rotenberg |
American Indian Tribal Death-a Centennial Remembrance |
41 University of Miami Law Review 409 (December, 1986) |
The 200th birthday of the United States Constitution will produce a profusion of patriotic phrases, and well it should. At the same time, however, another historic event is worth noting. One hundred years ago, on May 10, 1886 to be precise, American Indian sovereignty died. It was a clean and quiet death. Cavalry troops were not to blame, neither... |
1986 |
| Daniel L. Rotenberg |
AMERICAN INDIAN TRIBAL DEATH-A CENTENNIAL REMEMBRANCE |
41 University of Miami Law Review 409 (December, 1986) |
The 200th birthday of the United States Constitution will produce a profusion of patriotic phrases, and well it should. At the same time, however, another historic event is worth noting. One hundred years ago, on May 10, 1886 to be precise, American Indian sovereignty died. It was a clean and quiet death. Cavalry troops were not to blame, neither... |
1986 |
| James Warren Springer |
American Indians and the Law of Real Property in Colonial New England |
30 American Journal of Legal History 25 (January, 1986) |
This article deals with colonial New England's law of real property in its application to Indians. It is concerned with what policies the colonial governments adopted in dealing with Indian lands, what rights and disabilities in relation to land ownership were accorded the Indians, how Indian property rights were similar to or different from those... |
1986 |
| H. Barry Holt |
Can Indians Hunt in National Parks? Determinable Indian Treaty Rights and United States V. Hicks |
16 Environmental Law 207 (Winter, 1986) |
The arrest and conviction of two members of the Quinault Indian Tribe for killing elk within Olympic National Park raise specific questions about the nature and extent of Indian treaty rights and the federal government's policy toward the treaty rights. This Article discusses the interpretation of Indian treaties, the nature of the rights reserved... |
1986 |
| Sheri L. Gronhovd, John F. Lawlor, Sharon R. O'Keefe, Kelly D. Talcott |
Constitutional Law-northwest Indian Cemetery Protective Association V. Peterson: Indian Religious Sites Prevail over Public Land Development |
62 Notre Dame Law Review 125 (1986) |
The first amendment prohibits the government from imposing burdens upon the free exercise of religion. While religious beliefs are protected absolutely, the courts have restricted religious practices where governmental interests are overriding. In one class of free exercise cases, the federal courts have evaluated the claims of North American... |
1986 |
| Peter F. Carroll |
Drumming out the Intent of the Indian Mineral Leasing Act of 1938 |
7 Public Land Law Review 135 (Spring, 1986) |
Historically, states could not tax Indian interests on Indian lands without express congressional authorization. Not until 1924 did Congress enact specific legislation that allowed states to tax Indian mineral leases. The applicability of that act was limited to Indian lands which were bought and paid for until Congress enacted the Act of March 3,... |
1986 |
| Russel Lawrence Barsh |
Indigenous Peoples: an Emerging Object of International Law |
80 American Journal of International Law 369 (April, 1986) |
The Working Group on Indigenous Populations, an organ of the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities, ended its fourth annual session last August by distributing seven draft principles to governments and nongovernmental organizations (NGOs) for comment as the first step in preparing a draft... |
1986 |
| Ralph W. Johnson |
Law and Alaska Natives: the Warp and Woof of a Field of Law in Transition Book Review Of- Alaska Natives and American Laws by David Case. University of Alaska Press, 1984. Pp. Xxii, 586. |
61 Washington Law Review 287 (January, 1986) |
Occasionally a legal scholar publishes a work that successfully organizes a wide array of legal sources into a new, distinct field of law. One such work appeared in 1942 with the publication of Felix Cohen's Handbook of Federal Indian Law (Handbook). Professor Cohen's book conceptualized and created the field of Indian Law by synthesizing a... |
1986 |
| John W. Ragsdale, Jr. |
Law and Environment in Modern America and among the Hopi Indians: a Comparison of Values |
10 Harvard Environmental Law Review 417 (1986) |
It is often debated whether personal values shape a society's institutions or whether the political, economic, and legal infrastructure determines what people believe. However, a mutual reinforcement exists: values formed by myth, religion, custom, and education are in large part the foundation for social institutions, which in turn influence the... |
1986 |
| James Harvey Domengeaux |
Native-born Acadians and the Equality Ideal |
46 Louisiana Law Review 1151 (July, 1986) |
Title VII of the Civil Rights Act (the Act) of 1964 makes it unlawful for employers t o fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's . . . national origin. Part 1 of this... |
1986 |
| Adele Fine |
Off-reservation Enforcement of the Federal-indian Trust Responsibility |
7 Public Land Law Review 117 (Spring, 1986) |
The federal government's trust responsibility to Indians is often used to enforce Indian rights against the federal government. Courts have been especially willing to invoke the trust responsibility against federal executive officials entrusted with the management of Indian property held in trust for tribes by the federal government. Ruling on... |
1986 |
| |
Restitution: the Land Claims of the Mashpee, Passamaquoddy and Penobscot Indians of New England. By Paul Brodeur. With an Afterword by Thomas N. Tureen. Boston: Northeastern Unviersity, Press. 1985. Pp. 148. $18.95. |
99 Harvard Law Review 703 (January, 1986) |
In a lawsuit for the return of Indian lands, neither party can afford to lose: Native American plaintiffs risk termination of all claims to the land, while non-Indian defendants stand to lose homes and businesses that they may have owned for generations. Partly because of the high stakes involved and partly because such litigation is extremely... |
1986 |
| Robert A. Williams, Jr. |
The Algebra of Federal Indian Law: the Hard Trial of Decolonizing and Americanizing the White Man's Indian Jurisprudence |
1986 Wisconsin Law Review 219 (1986) |
Professor Robert Williams examines the historical origins of modern Indian law jurisprudence. He argues that the white man's European-derived legal discourse relies on historically derived myths to legitimize the colonization and subordination of Indian tribes. These myths have their roots in the medieval Christian Church's attempts to use legal... |
1986 |
| Richard A. Posner |
THE CONSTITUTION AS MIRROR: TRIBE'S CONSTITUTIONAL CHOICES |
84 Michigan Law Review 551 (February/April, 1986) |
This book of essays (some previously published) by a leading professor and practitioner of constitutional law argues, in effect and often in words close to these, that the Constitution is what we want it to be (hence choices') and that what we should want it to be is the charter of a radically egalitarian society. Professor Tribe acknowledges the... |
1986 |
| Rick Best |
The Determination of Title to Submerged Lands on Indian Reservations |
61 Washington Law Review 1185 (July, 1986) |
American Indians have long realized that the gap between their theoretical rights and the real world is a larger one than for most Americans. The treatment of submerged lands within Indian reservations provides a classic example of the Indian rights gap. Two possible owners may claim such lands under navigable water: the tribe or one of the several... |
1986 |
| Diane Brazen Gould |
The First Amendment and the American Indian Religious Freedom Act: an Approach to Protecting Native American Religion |
71 Iowa Law Review 869 (March, 1986) |
Religion is central to American Indian society and pervades every aspect of Indian life. To continue tribal culture, American Indians must be free to practice their religion and to teach religious practices to their children. While the free exercise clause of the first amendment protects American Indian religious freedom, courts have often failed... |
1986 |
| Russel Lawrence Barsh |
The Ix Inter-american Indian Congress |
80 American Journal of International Law 682 (July, 1986) |
Forty-five years ago, U.S. Indian Commissioner John Collier helped persuade the members of the Pan American Union (now the Organization of American States) to establish the Inter-American Indian Institute to elucidate the problems affecting the Indian groups within their respective jurisdictions, and to cooperate with one another, on a basis of... |
1986 |
| Karl J. Kramer |
The Most Dangerous Branch: an Institutional Approach to Understanding the Role of the Judiciary in American Indian Jurisdictional Determinations |
1986 Wisconsin Law Review 989 (1986) |
The United States Supreme Court has had a significant role in determining jurisdictional control over Indian county. Over its long history, the Court had developed a set of doctrines for resolving disputes between federal, state and tribal governments. The Court had traditionally purported to construe statutes and treaties in favor of tribal... |
1986 |