| Author | Title | Citation | Summary | Year |
| Steven J. Shupe |
Water in Indian Country: from Paper Rights to a Managed Resource |
57 University of Colorado Law Review 561 (Spring, 1986) |
The importance of water throughout the western United States is growing with each decade. New users are competing for overappropriated supplies, sources are being lost to contamination, and recent measures to protect the many economic and intangible values of free-flowing waters are heightening conflicts over this limited resource. The growing need... |
1986 |
| Maureen M. Crough |
A Proposal for Extension of the Occupational Safety and Health Act to Indian-owned Businesses on Reservations |
18 University of Michigan Journal of Law Reform 473 (Winter, 1985) |
In 1970, Congress passed the Occupational Safety and Health Act to protect the health of American workers. The Act is a general statute that does not explicitly state that it applies to Indian-owned businesses on reservations. In Donovan v. Coeur d'Alene Tribal Farm the Ninth Circuit held that the Act applies to Indian businesses, but in Donovan v.... |
1985 |
| H. Barry Holt |
Archeological Preservation on Indian Lands: Conflicts and Dilemmas in Applying the National Historic Preservation Act |
15 Environmental Law 413 (Winter, 1985) |
I. Introduction II. Background A. Indians and Archeology: Religious Conflicts B. The National Historic Preservation Program Under NHPA 1. The National Register and State Preservation Programs 2. Federal Agency Responsibilities Under NHPA 3. ARPA Permits and NHPA Compliance III. NHPA On Indian Lands A. Indian Economic Development B. Indian Concerns... |
1985 |
| Catherine W. Brown , Reporter |
Are Indigenous Populations Entitled to International Juridical Personality? |
79 American Society of International Law Proceedings 189 (April 25-27, 1985) |
The panel convened at 8:45 a.m., April 26, 1985, Richard A. Falk presiding. The Chairman praised the Society for devoting a session to rights of indigenous peoples, noting this subject had long been neglected but was increasingly important. He said that the term rights of indigenous peoples was often used interchangeably with aboriginal rights,... |
1985 |
| David L. Gregory |
CONSTITUTIONAL CHOICES. BY LAURENCE TRIBE. CAMBRIDGE, MASSACHUSETTS: HARVARD UNIVERSITY PRESS, 1985. Pp. xiv, 458. $29.95. |
60 Tulane Law Review 437 (December, 1985) |
Professor Laurence Tribe is the premier constitutional scholar in the United States. His treatise, American Constitutional Law, written in 1978, is the classic source for lucid, integrated exposition of constitutional law. Teaching at Harvard Law School since 1968, he has pursued several successful legal careers in less than two decades. He is a... |
1985 |
| Lance Liebman |
Equalities Real and Ideal: Affirmative Action in Indian Law |
98 Harvard Law Review 1679 (May, 1985) |
American legal scholars have devoted surprisingly little effort to studying India. In India, as in America, judges, lawyers, and legislators have had to shape a transplanted legal system with English roots. Both countries have adapted English legal institutions to conditions far more heterogeneousethnically, racially, linguistically, and... |
1985 |
| |
Indian Country. By Peter Matthiessen, New York; Viking Press. 1984. Pp. Xii, 338. $17.95. |
98 Harvard Law Review 1104 (March, 1985) |
In Indian Country, Peter Matthiessen has collected eleven entries in his journal of travels among the traditional American Indiansthose few who continue to reject accommodation with the dominant culture. With meticulous care, Matthiessen chronicles the efforts of groups in the Florida Everglades, along the Tennessee Valley, on the New York-Canada... |
1985 |
| |
Indian Land Claims |
99 Harvard Law Review Association 254 (November, 1985) |
In recent years, American Indian tribes have brought sizeable lawsuits for land conveyed in violation of the Nonintercourse Act during the early history of the United States. Last Term, in County of Oneida v. Oneida Indian Nation, the Supreme Court held that, under federal common law, several Indian tribes could base a cause of action upon an... |
1985 |
| Sarah B. Gordon |
Indian Religious Freedom and Governmental Development of Public Lands |
94 Yale Law Journal 1447 (May, 1985) |
In the early 1970's, the federal government abandoned its official policy of terminating tribes as a means of forcing American Indians to assimilate into mainstream society. Yet the elimination of the basis of Indian religious belief by government action continues apace. The recent resurgence of site-specific Indian religions, coinciding with... |
1985 |
| John F. Walsh |
Settling the Alaska Native Claims Settlement Act |
38 Stanford Law Review 227 (November, 1985) |
In 1971, after years of discussion, public debate, and congressional hearings, the Native peoples of Alaska won what they believed to be a great victory. In December of that year, the Congress of the United States agreed to compensate Native Alaskans for the land taken from them over the course of one hundred years of United States control of... |
1985 |
| Robert A. Williams, Jr. |
Small Steps on the Long Road to Self-sufficiency for Indian Nations: the Indian Tribal Governmental Tax Status Act of 1982 |
22 Harvard Journal on Legislation 335 (Summer, 1985) |
In enacting the Indian Tribal Governmental Tax Status Act of 1982, Congress attempted to eliminate economic obstacles to tribal self-sufficiency by granting Indian tribes a tax status similar to that of state and local governments. This status provides Indian tribes with the ability to implement previously unavailable fiscal initiatives. It is... |
1985 |
| Mark Ulmer |
Tribal Property: Defining the Parameters of the Federal Trust Relationship under the Non-intercourse Act: Catawba Indian Tribe V. South Carolina |
12 American Indian Law Review 101 (1985) |
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. Tecumseh, of the Shawnee. If a man loses anything and goes back and looks for it, he will find it, and that is... |
1985 |
| Mark Ulmer |
TRIBAL PROPERTY: DEFINING THE PARAMETERS OF THE FEDERAL TRUST RELATIONSHIP UNDER THE NON-INTERCOURSE ACT: CATAWBA INDIAN TRIBE v. SOUTH CAROLINA |
12 American Indian Law Review 101 (1985) |
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. Tecumseh, of the Shawnee. If a man loses anything and goes back and looks for it, he will find it, and that is... |
1985 |
| Andrew S. Montgomery |
Tribal Sovereignty and Congressional Dominion: Rights-of-way for Gas Pipelines on Indian Reservations |
38 Stanford Law Review 195 (November, 1985) |
Justice Black stated, in an important Indian law case of over 20 years ago, Great nations, like great men, should keep their word. The great nations and men might do well to heed the Justice's warning, if only they knew what their word was. But for natural resource developers and Indian tribes, the nation's word has become obscure. Indian law... |
1985 |
| D.H. Cole |
United States V. Pend Oreille County P.u.d. No.1: a Signal Conflict Between Equal Footing and Aboriginal Indian Title |
16 Environmental Law 163 (Fall, 1985) |
A summary judgment decision is ordinarily not casenote material. But the denial of summary judgment in Pend Oreille proved a significant victory to tribal bedlands claimants averting aboriginal rights. The decision allows tribes to avoid the presumption of state ownership of lands beneath navigable rivers, established by the Supreme Court in... |
1985 |
| Kenneth P. Pitt |
Eagles and Indians: the Law and the Survival of a Species |
5 Public Land Law Review 100 (Spring, 1984) |
An ambiguity concerning Indian treaty hunting rights exists within the Eagle Protection Act. This ambiguity may be severe enough to negate the intent of the act; hastening the bald eagle's rate of decline or at least slowing its rate of recovery. To the bald eagle's misfortune, the Eighth and Ninth Circuit Courts of Appeal have interpreted this... |
1984 |
| Nell Jessup Newton |
Federal Power over Indians: its Sources, Scope, and Limitations |
132 University of Pennsylvania Law Review 195 (January, 1984) |
Judicial deference to federal legislation affecting Indians is a theme that has persisted throughout the two-hundred-year history of American Indian law. The Supreme Court has sustained nearly every piece of federal legislation it has considered directly regulating Indian tribes, whether challenged as being beyond federal power or within that power... |
1984 |
| Laurie Reynolds |
Indian Hunting and Fishing Rights: the Role of Tribal Sovereignty and Preemption |
62 North Carolina Law Review 743 (April, 1984) |
American Indian tribes enjoy a federally-protected quasi-sovereign status within the states in which they are located. The vague limits of tribal sovereignty, however, result in overlapping state laws and tribal regulations and corresponding tensions between state and tribal authorities. Professor Reynolds suggests a presumption of tribal... |
1984 |
| Russel Lawrence Barsh |
Is There Any Indian "Law" Left? A Review of the Supreme Court's 1982 Term |
59 Washington Law Review 863 (September, 1984) |
There is nothing too absurd but what authority can be found for it. Generality and constancy are said to be fundamental requirements of law. Both go to the essential predictability associated with fairness and, in a more analytical context, with economic efficiency. Western liberal tradition views arbitrariness as a great demon. A fair system... |
1984 |
| Kimberly T. Ellwanger |
Money Damages for Breach of the Federal-indian Trust Relationship after Mitchell Ii-united States V. Mitchell, 103 S.ct. 2961 (1983). |
59 Washington Law Review 675 (July, 1984) |
The trust relationship between the federal government and the Indians has been an evolving doctrine in Indian law. Initially, fiduciary language was used to describe a political and moral relationship between the government and Indians. Over the years, courts have cited the federal-Indian trust relationship as authority in several different... |
1984 |
| John Edward Barry |
Oneida Indian Nation V. County of Oneida: Tribal Rights of Action and the Indian Trade and Intercourse Act |
84 Columbia Law Review 1852 (November, 1984) |
In Oneida Indian Nation v. County of Oneida, the Second Circuit held that the Oneida Indians could maintain suit in federal court against the counties of Madison and Oneida, New York for the allegedly wrongful occupation of lands which New York State purchased from the tribe in 1795 in violation of the Indian Trade and Intercourse Act. Although the... |
1984 |
| John Edward Barry |
ONEIDA INDIAN NATION v. COUNTY OF ONEIDA: TRIBAL RIGHTS OF ACTION AND THE INDIAN TRADE AND INTERCOURSE ACT |
84 Columbia Law Review 1852 (November, 1984) |
In Oneida Indian Nation v. County of Oneida, the Second Circuit held that the Oneida Indians could maintain suit in federal court against the counties of Madison and Oneida, New York for the allegedly wrongful occupation of lands which New York State purchased from the tribe in 1795 in violation of the Indian Trade and Intercourse Act. Although the... |
1984 |
| Mickale Carter |
Regulatory Jurisdiction on Indian Reservations in Montana |
5 Public Land Law Review 147 (Spring, 1984) |
In Montana there are seven Indian reservation amounting to 8,347,185 acres, or a little over nine percent of the state's total land area. Indian reservations are a unique form of federal reserve land. Unlike other federal reserves, national forests and parks, for example, the purpose for which Indian reservations were formed was not for a... |
1984 |
| Daina Upite |
Resolving Indian Reserved Water Rights in the Wake of San Carlos Apache Tribe |
15 Environmental Law 181 (Fall, 1984) |
Indian tribes are major competitors for water in the arid western states where competition for this scarce resource is particularly intense. There have been continuing efforts to rank and quantify water rights to eliminate the uncertainity introduced into the allocation of water resources by the existence of Indian and other federal water rights.... |
1984 |
| |
Rethinking the Trust Doctrine in Federal Indian Law |
98 Harvard Law Review 422 (December, 1984) |
Moral rhetoric suffuses federal Indian law. For a century and a half, the President and Congress have explicitly invoked morality or used moral terminology to justify actions with legal consequences for American Indians. Courts have also drawn on moral principles in addressing Indian affairs, most notably in developing the trust doctrine, which... |
1984 |
| Bradley Scott Bridgewater |
TAXATION: MERRION v. JICARILLE APACHE TRIBE: WINE OR VINEGAR FOR OKLAHOMA TRIBES? |
37 Oklahoma Law Review 369 (Summer, 1984) |
Today, American Indians face a world of sharp contrasts. On one hand, they have heard the former Secretary of the Interior proclaiming: We have 50 million acres of Indian reservations, 1.4 million American Indians, and every social problem is exaggerated because of socialistic government policies on the Indian reservations: the highest divorce... |
1984 |
| Sharon O'Brien |
THE MEDICINE LINE: A BORDER DIVIDING TRIBAL SOVEREIGNTY, ECONOMIES AND FAMILIES |
53 Fordham Law Review 315 (November, 1984) |
AGAIN and again Blackfeet warriors fleeing northward after a raiding attack watched with growing amazement as the pursuing troops of the United States Army came to a sudden, almost magical stop. Again and again, fleeing southward, they saw the same thing happen as the Canadian Mounties reined to an abrupt halt. The tribes of the Blackfeet... |
1984 |
| David Goldstein |
Indian Law-indian Taxation of Non-indian Mineral Lessees |
50 Tennessee Law Review 403 (Winter, 1983) |
Plaintiffs entered into longterm mineral leases with the Jicarilla Apache Tribe to produce oil and gas on the Tribe's reservation in exchange for a cash bonus, annual rents, and royalties. The Tribe later enacted a severance tax on oil and gas production on the reservation. Plaintiffs sought to enjoin enforcement of the tax in the United States... |
1983 |
| Sheri L. Flies |
Namen Ii: Do the Tribes Have the Authority to Regulate Non-indian Riparian Rights on Flathead Lake? |
4 Public Land Law Review 170 (Spring, 1983) |
Non-Indian owners of land riparian to the south half of Flathead Lake are subject to the regulation of their property, which is situated below the highwater mark, by the Confederated Salish and Kootenai Tribes of the Flathead Reservation. The purpose of this casenote is to examine how the Tribes acquired this regulatory authority. The 1855 Treaty... |
1983 |
| Michael C. Walch |
Terminating the Indian Termination Policy |
35 Stanford Law Review 1181 (July, 1983) |
Congress adopted termination--the abolition of Indian reservations and the removal of all governmental power from Indian tribes--as the United States' Indian policy in the 1950's and applied the policy to numerous tribes. Termination, however, had devastating effects on tribal autonomy, community, and economic welfare. Consequently, the United... |
1983 |
| Robert A. Williams, Jr. |
The Medieval and Renaissance Origins of the Status of the American Indian in Western Legal Thought |
57 Southern California Law Review Rev. 1 (November, 1983) |
Let us be clear, in the first place, about the object of our search. We are to trace the history of certain social ideals . . . . We are to look for origins of pattern, spirit, principle, that bind together thousands of statutes and decisions. To do that we must first reduce the maze of our Indian law to a manageable scheme and take account of its... |
1983 |
| Nell Jessup Newton |
Enforcing the Federal-indian Trust Relationship after Mitchell |
31 Catholic University Law Review 635 (Summer, 1982) |
The legislative, judicial, and executive branches of the government have acknowledged Indian tribes' special relationship to the federal government. Borrowing concepts from trust law, courts have described this relationship most eloquently: the relationship is like that of a ward to his guardian, imposing moral obligations of the highest... |
1982 |
| |
Federal Plenary Power in Indian Affairs after Weeks and Sioux Nation |
131 University of Pennsylvania Law Review 235 (November, 1982) |
Supreme Court opinions at the turn of the century established one of the fundamental rules of federal Indian law: Congress has a broad plenary power to administer the property and affairs of Indian tribes. In Lone Wolf v. Hitchcock, the Court characterized the plenary power as a political one, not subject to be controlled by the judicial... |
1982 |
| Russel LawrenceBarsh |
Felix S. Cohen's Handbook of Federal Indian Law, 1982 Edition |
57 Washington Law Review 799 (November, 1982) |
Charlottesville: Mitchie Bobbs-Merrill, 1982. Pp. v, 912, $80.00. I am led to believe that it will always be easy for a king to make the lawyers the most useful instruments of his power. Alexis de Tocqueville Forty-one years ago, the legend goes, Harvard-educated Interior Department Solicitor Felix Cohen brought order and light into what Justice... |
1982 |
| Vine DeLoria, Jr. |
Felix S. Cohen's Handbook of Federal Indian Law, 1982 Edition (R. Strickland et Al. Ed. 1982). Charlottesville, Virginia: Michie/bobbs-merrill. 912 Pages $80.00 |
54 University of Colorado Law Review 121 (Fall, 1982) |
In late December 1920 John Collier, recently dismissed from his post as director of adult education in California's state school system, arrived in Taos, New Mexico at the invitation of Mabel Dodge (later Luhan) to attend the Christmas ceremonies conducted at the Taos Pueblo. Collier later wrote: There, in the plaza of the Pueblo, a forthgiving... |
1982 |
| Michael C. Blumm |
Fulfilling the Parity Promise: a Perspective on Scientific Proof, Economic Cost, and Indian Treaty Rights in the Approval of the Columbia Basin Fish and Wildlife Program |
13 Environmental Law 103 (Fall, 1982) |
I. INTRODUCTION. 104 II. THE FAILURE OF THE FISH AND WILDLIFE COORDINATION ACT AND THE REMEDIAL NATURE OF THE 4(H) PROGRAM. 108 III. AN OVERVIEW OF THE 4(H) PROGRAM APPROVAL STANDARDS. 112 IV. FISHERIES/HYDROPOWER BALANCING AND THE PRINCIPLE OF TEXTUAL CONSISTENCY. 118 V. INTERPRETING SOME OF THE SPECIFIC PROGRAM APPROVAL STANDARDS. 124 A. The... |
1982 |
| Anthony A. Lusvardi |
Montana V. United States-effects on Liberal Treaty Interpretation and Indian Rights to Lands Underlying Navigable Waters |
57 Notre Dame Lawyer 689 (1982) |
Title to lands underlying navigable waters gives the titleholder important rights and powers, including mineral rights and jurisdictional powers. Indian rights to such lands have been a frequently litigated question. This issue has arisen when an Indian tribe has claimed title to lands underlying navigable waters based upon a treaty executed and... |
1982 |
| Leo Gross, Farrokh Jhabvala, Florida International University |
The Indian Year Book of International Affairs, 1980. Vol. Xviii, Part I. Edited by T. S. Rama Rao. Published under the Auspices of the Indian Study Group of International Law and Affairs, University of Madras, 1980. Pp. Vi, 563. Index. Rs. 65. |
76 American Journal of International Law 464 (April, 1982) |
The current volume of the Year Book appears in two parts. Part I contains 14 articles on international law and politics and comparative law, 20 decisions of Indian courts in private international law, and 17 book reviews. Part II is devoted exclusively to the Grotian Society Papers on Studies in the History of the Law of Nations and also forms... |
1982 |
| Peter C. Monson |
United States V. Washington (Phase Ii): the Indian Fishing Conflict Moves Upstream |
12 Environmental Law 469 (Winter, 1982) |
In 1854 and 1855 the Northwest Indian tribes and the federal government entered into treaties, each of which provided that [t]he right of taking fish, at all usual and accustomed grounds and stations, is further secured to said Indians, in common with all citizens of the Territory. The tribes also reserved the exclusive right to take fish in... |
1982 |
| Matthew L. Fick |
Water Rights on Indian Reservations-transferability of Indian Water Rights-state Administration of Non-indian Water Rights Within the Reservation- Colville Confederated Tribes V. Walton, 647 F.2d 42 (9th Cir.), Cert.denied, 454 U.s. 1092 (1981). |
58 Washington Law Review 89 (December, 1982) |
No Name Creek is a small spring-fed stream lying entirely within the Colville Indian Reservation in north-central Washington. The creek basin is divided into seven irrigable parcels, all originally allotted to individual Indians. Four allotments are held in trust for the Colville Confederated Tribes (Tribe). Three are owned by the Waltons, non-... |
1982 |
| Russel Lawrence Barsh , James Youngblood Henderson |
CONTRARY JURISPRUDENCE: TRIBAL INTERESTS IN NAVIGABLE WATERWAYS BEFORE AND AFTER MONTANA v. UNITED STATES |
56 Washington Law Review 627 (November, 1981) |
In 1974 the Crow Tribal Council enacted a resolution restricting reservation hunting and fishing to tribal members. No distinction was made between lands owned by the tribe or its members and the nearly thirty percent of the reservation area held in fee simple by non-members and the State of Montana. The resolution also purported to govern the Big... |
1981 |
| Robert N. Clinton |
Isolated in Their Own Country: a Defense of Federal Protection of Indian Autonomy and Self-government |
33 Stanford Law Review 979 (July, 1981) |
With their resources and acquired knowledge, the Europeans soon appropriated to themselves most of the advantages which the natives might have derived from the possession of the soil . and the Indians have been ruined by a competition which they had not the means of sustaining. They were isolated in their own country, and their race only... |
1981 |
| Karl Forsgaard |
Statutory Construction-wildlife Protection Versus Indian Treaty Hunting Rights-united States V. Fryberg, 622 F.2d 1010 (9th Cir.), Cert.denied, 449 U.s. 1004 (1980). |
57 Washington Law Review 225 (December, 1981) |
While hunting for deer on his reservation, Dean Fryberg, an Indian, shot and killed a bald eagle. Although he had a treaty right to hunt on the Tulalip Reservation under the 1855 Treaty of Point Elliot, Fryberg was charged by information with taking a bald eagle in violation of the Eagle Protection Act of 1940. He did not possess a permit which... |
1981 |
| Trude Kleess |
Whom Can Indians Trust after Mitchell? |
53 University of Colorado Law Review 179 (Fall, 1981) |
In United States v. Mitchell, the Quinault Indians attempted to redress decades of federal mismanagement of timber resources on the Quinault Reservation. The Supreme Court ruled that a trust relationship based solely on the General Allotment Act is a limited one. The Court reasoned that the only purpose of the trust langauge in the Act is to... |
1981 |
| Gwendolyn Griffith |
Indian Claims to Groundwater: Reserved Rights or Beneficial Interest? |
33 Stanford Law Review 103 (November, 1980) |
Disputes often arise when Indians and non-Indians claim common sources of groundwater in times of scarcity, as present law identifies neither the source nor the extent of Indian groundwater rights. This uncertainty threatens both Indian and non-Indian interests in the groundwater resource. This note examines alternative approaches to Indian rights... |
1980 |
| Telford Taylor |
AMERICAN CONSTITUTIONAL LAW |
79 Columbia Law Review 1209 (October, 1979) |
In 1833, introducing his Commentaries on the Constitution of the United States, Joseph Story warned that: The reader must not expect to find in these pages any novel views and novel constructions of the Constitution. I have not the ambition to be the author of any new plan of interpreting the theory of the Constitution, or of enlarging or narrowing... |
1979 |
| |
Indian Reserved Water Rights: the Winters of Our Discontent |
88 Yale Law Journal 1689 (July, 1979) |
Water is critical to make the western desert bloom, and water development has permitted the western states to enjoy spectacular growth in recent years. Indian reservations in the West have not shared this growth, but enormous Indian water claims will strikingly affect the economic futures of both the Indians and the region. Unfortunately, legal... |
1979 |
| George Cameron Coggins , William Modrcin |
Native American Indians and Federal Wildlife Law |
31 Stanford Law Review 375 (February, 1979) |
Many Native American Indians are the beneficiaries of 18th and 19th century treaties between their tribes and the United States that retain for tribal members the right to hunt and fish on certain lands, as long as water flows or grass grows. In executing these treaties, the United States implicitly recognized the importance of wildlife to the... |
1979 |
| Michael P. Gross |
Indian Self-determination and Tribal Sovereignty: an Analysis of Recent Federal Indian Policy |
56 Texas Law Review 1195 (August, 1978) |
If one were to pick a dominant theme in American history it would be the nation's attempt to create a workable national entity that can accomodate the independent interests of individuals and their communities. In the century following the American Revolution, that theme focused on the relationship between a national government and the states.... |
1978 |
| Robert H. Abrams |
Reserved Water Rights, Indian Rights and the Narrowing Scope of Federal Jurisdiction: the Colorado River Decision |
30 Stanford Law Review 1111 (July, 1978) |
In 1976, the United States Supreme Court decided Colorado River Water Conservation District v. United States, holding that principles of judicial administration relating to contemporaneous exercise of concurrent jurisdictions command that the federal courts abjure congressionally granted, previously attached jurisdiction of federal claims to... |
1978 |