AuthorTitleCitationSummaryYear
  Equal Protection under the Indian Civil Rights Act: Martinez V. Santa Clara Pueblo 90 Harvard Law Review 627 (January, 1977) The rights accorded American Indians in their relations with federal and state governments are the same as those of any American citizen. These rights, however, do not govern the relationship between individual Indians and their tribal governments. In an effort to afford federal protection to Indians in their internal tribal lives, Congress enacted... 1977
Lynne E. Petros The Applicability of the Federal Pollution Acts to Indian Reservations: a Case for Tribal Self-government 48 University of Colorado Law Review 63 (Fall, 1976) The rapid development of Indian reservations has raised understandable concern as to how these lands are to be protected from pollution. The problem is aggravated by political and jurisdictional conflicts between Indians, non-Indian lessees, and the federal and state governments. Each party, of course, has a stake in the determination of which laws... 1976
  Adjudication of Indian and Federal Water Rights in the Federal Courts 46 University of Colorado Law Review 555 (Summer, 1975) The United States Court of Appeals for the Tenth Circuit in United States v. Akin held that a federal court properly has and should exercise jurisdiction to adjudicate water rights claimed by the United States on its own behalf and as trustee for certain Indian tribes. This decision reversed the district court, which applied the doctrines of... 1975
Daniel G. Kelly, Jr. Indian Title: the Rights of American Natives in Lands They Have Occupied since Time Immemorial 75 Columbia Law Review 655 (April, 1975) Recently, the Seminole Indians proved aboriginal possession of the entire peninsula of Florida before, as they allege, the United States bought it for an unconscionably low price; a group of Alaskan Indians established its right to recover against the Government for unlawful trespasses on the 561/212 million acre North Slope; and most recently, a... 1975
Reid Peyton Chambers Judicial Enforcement of the Federal Trust Responsibility to Indians 27 Stanford Law Review 1213 (May, 1975) It is generally accepted that the United States owes fiduciary duties to American Indians, but the meaning and extent of these duties have seldom been analyzed. The fiduciary relationship itself has been variously characterized--as resembling a guardianship, as a guardian-ward relationship, as a fiduciary or special relationship, or as a trust... 1975
  The Case for Exclusive Tribal Power to Tax Mineral Lessees of Indian Lands 124 University of Pennsylvania Law Review 491 (December, 1975) That economic conditions on Indian reservations in America are abominable is a well-known fact. Indian tribal governments are in dire financial straits, without any adequate source of revenue. In light of the prevalence of abject poverty, unemployment, and lack of education among reservation Indians, the taxing of tribal members is not a feasible... 1975
Susan Millington Campbell A Proposal for the Quantification of Reserved Indian Water Rights 74 Columbia Law Review 1299 (November, 1974) The reservation of water by the United States for federally reserved lands represents an as yet unfulfilled claim to a vast quantity of water in the western United States. The size of the claim, if ever fully realized, would clearly place an enormous strain on the western water supply, a supply that is extremely valuable because of its importance... 1974
Reid Peyton Chambers , Monroe E. Price Regulating Sovereignty: Secretarial Discretion and the Leasing of Indian Lands 26 Stanford Law Review 1061 (May, 1974) Indian trust land can be leased by its tribal or individual owner only after the Secretary of the Interior has approved the transaction. Surface leasing of Indian land is governed principally by 25 U.S.C. § 415; enacted in 1955, section 415 permits leasing for a wide range of purposes--public, religious, educational, recreational, residential or... 1974
Daniel M. Rosenfelt Indian Schools and Community Control 25 Stanford Law Review 489 (April, 1973) C1-3Contents I. Indian Education Policy Reviewed. 492 A. Federal School System. 493 B. Federal Assistance to State Schools. 496 1. The Johnson-O'Malley Act. 496 2. Impact aid. 497 3. Termination. 500 C. Legal Obligation to Provide Educational Services. 502 1. Federal obligation. 502 2. State obligation. 505 D. Need for Increased Indian Control. 506... 1973
Vine Deloria, Jr. Custer Lives on 50 Texas Law Review 435 (January, 1972) This book, perhaps predestined to spend a year on the best seller lists, chronicles two tragedies, one ancient and one contemporary. It is the story of three decades, the period from 1860 to 1890, and the bitter clash between red men and white men over the territory of the trans-Mississippi west. Beginning with the Long Walk of the Navajo to Fort... 1972
  Constitutional Law - Equal Protection of the Laws - Federal Statute Imposing less Severe Penalty upon American Indian Who Rapes an Indian Woman than upon Other Rapists Is Constitutional. - Gray V. United States, 394 F.2d 96 (9th Cir. 1968) 82 Harvard Law Review 697 (January, 1969) Wilson Gray and two other appellants, all Navajo Indians, were convicted by a federal jury of raping a non-Indian woman on the Navajo reservation in Arizona. The district court imposed sentences of imprisonment under a statute which exposes a rapist to a maximum penalty of death if either the rapist or the victim is not an Indian. An Indian who... 1969
Daniel H. MacMeekin Red, White, and Gray: Equal Protection and the American Indian 21 Stanford Law Review 1236 (May, 1969) An American Indian who rapes a non-Indian woman on an Indian reservation may be executed, while the maximum punishment for an Indian who rapes an Indian woman on the reservation is life imprisonment. In Gray v. United States, defendants, American Indians who had raped a Caucasian woman on the Navajo Reservation in Arizona, challenged this statutory... 1969
  The Indian Bill of Rights and the Constitutional Status of Tribal Governments 82 Harvard Law Review 1343 (April, 1969) A large proportion of the approximately 280,000 American Indians living on reservations in the United States are subject to the jurisdiction of their tribal governments and are not subject to the jurisdiction of the state in which the reservation is located. The tribal government and individual Indians are not completely free of outside... 1969
  THE INDIAN BILL OF RIGHTS AND THE CONSTITUTIONAL STATUS OF TRIBAL GOVERNMENTS 82 Harvard Law Review 1343 (April, 1969) A large proportion of the approximately 280,000 American Indians living on reservations in the United States are subject to the jurisdiction of their tribal governments and are not subject to the jurisdiction of the state in which the reservation is located. The tribal government and individual Indians are not completely free of outside... 1969
  The Indian: the Forgotten American 81 Harvard Law Review 1818 (June, 1968) The attitude of America toward the Indian has long been characterized by the dichotomy between a sentimental attraction to the noble savage, often increasing with distance from the centers of Indian population, and a startling ignorance of and indifference to the actual circumstances of his life. The Negro revolution, focusing attention not only... 1968
  Federal Courts - Jurisdiction: in General - Federal Courts Lack Jurisdiction over Suit Brought by Non-indian Against Tribal Indian 79 Harvard Law Review 851 (2/1/1966) Littell v. Nakai, 344 F.2d 486 (9th Cir. 1965), cert. denied, 34 U.S.L. Week 3245 (U.S. Jan. 17, 1966). All terms of any contract with an Indian tribe for services relating to its land or to claims against the United States must be approved by the Secretary of the Interior, and his determination that acts of service have been rendered in compliance... 1966
  Indians--federal Court Has Jurisdiction to Issue Writ of Habeas Corpus on Behalf of Indian Convicted by Tribal Court 79 Harvard Law Review 436 (December, 1965) Madeline Colliflower, a member of the Gros Ventre Indian tribe, was convicted by the Law and Order Court of the Fort Belknap, Montana, Indian reservation for failing to comply with an order of the court to remove her cattle from another person's land. Mrs. Colliflower sought habeas corpus in the federal district court of Montana, alleging that her... 1965
Bethuel M. Webster Civil Liberties and Canadian Federalism 73 Harvard Law Review 1432 (May, 1960) It was a shrewd editor who suggested that these books from opposite ends of the Commonwealth be read and discussed together: the first, the 1959 Alan B. Plaunt Memorial Lectures at Carleton University hopeful and confident by a native of Quebec, poet, politician, and professor of law; the other initiated by the South African Institute of Race... 1960
Dwan V. Kerig Nuclear Weapons and International Law. By Nagendra Singh. Published under the Auspices of the Indian Council of World Affairs, New Delhi. New York: Frederick A. Praeger, 1959. Pp. 255. Index 8 Military Law Review 162 (April, 1960) The laws of war have been stated for the ground forces in an official publication, The Law of Land Warfare. For those who have had occasion to study the manual's contents it may seem that certain of its provisions fall short of representing unequivocal enunciations of rules of positive law, One such provision would appear to be that dealing with... 1960
  Tribal Property Interests in Executive-order Reservations: a Compensable Indian Right 69 Yale Law Journal 627 (March, 1960) Whether the United States must compensate Indian tribes for the taking of land in reservations created by and held under Executive order principally depends on whether Congress has recognized tribal property interests in such land. After a century and a half of sovereign non-consent to suit, the Indian Claims Commission Act of 1946 extended... 1960
  Eminent Domain - Proceedings - Fpc Licensee May Condemn Indian Land Only Through Court Proceedings Subsequent to a Finding of Noninterference with the Reservation's Purpose 72 Harvard Law Review 1372 (5/1/1959) Eminent Domain Proceedings FPC Licensee May Condemn Indian Land Only Through Court Proceedings Subsequent to a Finding of Noninterference With the Reservation's Purpose. Tuscarora Nation of Indians v. Power Authority (2d Cir. 1958); Tuscarora Indian Nation v. FPC (D.C. Cir. 1958). Congress directed the Federal Power Commission to issue a... 1959
Pradyumna K. Tripathi Free Speech in the Indian Constitution: Background and Prospect 67 Yale Law Journal 384 (January, 1958) Since 1945, many new nations have been constructed by revolution, partition or voluntary grants of sovereignty. Written constitutions, commonly prepared in greater or less haste, have in one country after another defined the scope of the new government's powers and have declared the rights of citizens who had but recently been subjects with little... 1958
Leslie Moses Oil and Gas Leasing on Indian Lands 34 Texas Law Review 790 (May, 1956) The status of Indians and Indian lands, procedures for leasing, pertinent statutes and regulations, and forms and other information concerning the same have never before been gathered into one book for use by those interested in the subject matter. Until the past several years Oklahoma was the only state in which the subject was of any interest.... 1956
Harry L. Hall, Jr. Torts-federal Tort Claims Act-governmental Function Test Rejected in Determination of Federal Liability at the 'Operational' Level.-indian Towing Co. V. United States, 76 Sup. Ct. 122 (1955) 34 Texas Law Review 956 (June, 1956) The phosphate cargo on a barge towed by a tug was damaged by sea water when the tug went aground. The owner of the tug brought suit under the Federal Tort Claims Act, 62 Stat. 933 (1948), 28 U.S.C. § 1346 (b) (1952), alleging that the grounding and the resulting cargo damage were caused by the negligence of Coast Guard personnel in allowing a... 1956
Robert G. McCloskey We the Judges 70 Harvard Law Review 189 (November, 1956) In a free society, a man who can write a book may do so without giving reasons, and very few would be disposed to set legal restraints on this principle of authorial self-determination. Yet anyone who has explored the vastness of the Cumulative Book Index or a single issue of the Publishers' Trade List Annual must have had cause to wonder whether... 1956
  Indian Tribes and Civil Rights 7 Stanford Law Review 285 (March, 1955) Indians--Constitutional Law--Civil Rights. -- Protestant members of a predominantly Catholic pueblo alleged that their religious beliefs had caused their tribal government to prevent them from building a church, holding church meetings in their homes, burying their dead in the community cemetery and using the tribal threshing facilities. Plaintiffs... 1955
Edwin R. Keedy The Constitutions of the State of Franklin, the Indian Stream Republic and the State of Deseret 101 University of Pennsylvania Law Review 516 (January, 1953) North Carolina adopted its first Constitution in 1776. At that time its territory extended westward to the Mississippi River. In June, 1784, the General Assembly voted to cede the territory west of the Cumberland Mountains to the Continental Congress. As a direct and immediate result of this action delegates from three counties west of the... 1953
Felix S. Gohen The Erosion of Indian Rights, 1950-1953: a Case Study in Bureaucracy 62 Yale Law Journal 348 (February, 1953) Our 450,000 American citizens who are members of Indian tribes are probably the only racial group in the United States whose rights are more limited in 1953 than they were in 1950. The erosion of Indian rights in this period and the factors which contributed to that erosion can be fairly evaluated only if we also view the background of Indian... 1953
  Indians - United States must Compensate for Appropriation of Lands Occupied by Tribes under Original Indian Title 60 Harvard Law Review 465 (February, 1947) In 1855 the plaintiff Indian tribes signed a treaty with the Superintendent of Indian Affairs for the Oregon Territory providing for the cession of their tribal lands in return for money payments and the creation of a reservation. Relying upon the expected ratification of this treaty, the government removed the plaintiffs to a reservation, the... 1947
F. M. O. Handbook of Federal Indian Law. By Felix S. Cohen. Washington: United States Government Printing Office. Pp. Xxiv, 662. $2.00 54 Yale Law Journal 487 (March, 1945) This is a thorough and a comprehensive book, and its title does not belie its content. It represents an editorial achievement of signal merit: thousands of cases, statutes, treaties and administrative rulings, often inconsistent and usually unavailable, have been collected in an organic treatment for the first time. Its twenty-three chapter... 1945
  Aliens - Alien Enemies - Nonresident Citizen of Austria Held Not Citizen of Germany after Anschluss; but Native of Austria Held Native of Germany 57 Harvard Law Review 251 (December, 1943) The relator, a naturalized citizen of Austria, arrived in the United States in 1936. After Germany invaded and completely absorbed Austria in the Anschluss of 1938, a German decree granted German citizenship to all Austrian citizens. The Alien Enemy Act provides that whenever there is a declared war between the United States and any foreign nation,... 1943
K. N. Llewellyn The Normative, the Legal, and the Law-jobs: the Problem of Juristic Method 49 Yale Law Journal 1355 (June, 1940) People who get interested in sociology of law, whatever they prove to mean by either term, seem to find themselves caught in a tidal current that runs toward the troubled waters of a Grundlegung, an Introduction, a Foundations, a What it will be about when I get around to really dealing with it. Max Weber, Ehrlich, Timasheff, de la... 1940
  State Taxation of Indians' Royalties from Lease of Tax-exempt Tribal Resources 45 Yale Law Journal 726 (February, 1936) The mineral resources of Osage land are, by congressional act, given to the United States to hold in trust for the tribe. Royalties derived from a lease of such resources are payable to the United States Treasury to be held for the Indians. However, when the Secretary of the Interior is satisfied that an individual Indian is able to manage his own... 1936
Ray A. Brown The Indian Problem and the Law 39 Yale Law Journal 307 (January, 1930) When the first settlers from Europe arrived upon the North American continent they were immediately presented with an Indian problem, This problem has been with them and their descendants ever since, and today it is far from being solved. It is true that at present it is not very pressing from the standpoint of the dominant white race. Most of... 1930
  Conflict of Laws - Legitimation - Effect of Indian Tribal Law 39 Harvard Law Review 895 (May, 1926) The plaintiffs, the illegitimate children of a Creek Indian allottee who died in 1908, claimed to be entitled to his land. The Creek statutes provided: If any person claim to be the child of a deceased male person, and it should be proven that such person did not, during life, recognize the claimant as his offspring, then such claimant shall not... 1926
  Constitutional Law-ore Extracted from Indian Land Not Taxable by State 36 Yale Law Journal 142 (November, 1926) Plaintiff sued to recover tax money paid under protest to the State of Oklahoma. The levy in question was an ad valorem tax on ores taken from a federal Indian reservation under a lease to the plaintiff which provided for payment of royalties directly to the Secretary of the Interior for the Indians. The Oklahoma Supreme Court gave judgment for the... 1926
  Indians - Restrictions Imposed on Land Purchased for Indian by Secretary of the Interior 39 Harvard Law Review 780 (April, 1926) The superintendent of the Five Civilized Tribes authorized the guardians of a Creek Indian to purchase land for their ward. The purchase price was paid out of royalties from oil leases on allotments belonging to the Indian, which had been paid to the superintendent. Under a statute the Secretary of the Interior had control of these lands and the... 1926
  Administrative Law-commission for Indian Lands-judicial Non-interference with Finding of Fact 32 Yale Law Journal 413 (February, 1923) The United States sought to quiet title in the Creek Indian Tribe and to annul a land certificate and patent awarded by the Dawes Commission, alleging that the patentee had never existed. Held, that the finding by the Commission as to the existence of the patentee was final. United States v. Minnie Atkins (1922, U. S.) 43 Sup. Ct. 78. A similar... 1923
  Wills - Probate - Approval and Acknowledgment of Will of Full-blood Indian Required by Act of Congress 36 Harvard Law Review 351 (January, 1923) The testatrix, a full-blood Indian, devised her allotment by a will admitted to probate in the county court. An Oklahoma statute provides that actions to contest wills on the ground of want of due execution must be brought within one year after probate. (1910 Okla. Rev. Laws, § 6219.) Two years after probate, the parent as heir of the testatrix... 1923
  Jurisdiction-indian Courts-powers of State Courts in Controversies over Indian Reservation Lands 31 Yale Law Journal 331 (January, 1922) A peacemaker's court had been recognized on the Cattaraugus Indian Reservation. N. Y. Cons. Laws, 1909, ch. 26, sec. 46. This court had exclusive jurisdiction . to hear and determine all questions and actions between individual Indians, residing on the reservation, involving the title to real estate thereon. Sections 5 of the Act gave the state... 1922
  Taxation - General Limitations on the Taxing Power - Federal Agency: State Taxation of Income from Leases of Indian Lands 35 Harvard Law Review 889 (May, 1922) By statute Oklahoma taxes the entire net income of every person in the state from whatever source derived, except such as is exempt by some law of the United States or of the state. (1915 Okla. Session Laws, c. 164.) The defendant was an instrumentality used by the United States to carry out its duties to the Indians. Proceedings were instituted... 1922
Z. C., Jr. A Treatise on the Law of Evidence as Administered in England and Ireland; with Illustrations from Scotch, Indian, American, and Other Legal Systems 34 Harvard Law Review 898 (June, 1921) When Mr. Taylor was engaged in his historic controversy with Chief Justice Cockburn over Bedingfield's Case, he was confronted with a passage dead against him from the sixth edition of Roscoe's Criminal Evidence. With a certain glee he replied, Roscoe never wrote one line of the passage on which you rely. It was by an editor of Roscoe, written... 1921
  Citizenship-married Women-when Native Nationality Not Lost by Marriage to Alien 29 Yale Law Journal 128 (November, 1919) A French woman married a Turkish subject. By Turkish law she did not acquire Turkish nationality. By French law, a French woman marrying an alien follows the nationality of her husband, unless her marriage does not confer upon her the nationality of her husband, in which case she remains French, Held, that the woman remained French. Kaaki v.... 1919
  Taxation - General Limitations on the Taxing Power - Federal Agency: State Taxation of Indian Coal Mines 28 Harvard Law Review 528 (March, 1915) The United States leased the right to operate coal mines on lands in Oklahoma belonging to the Choctaw and the Chickasaw Indians, to the plaintiff, under a compact with the Indians to operate the mines in the interests of the tribes. Oklahoma then levied a gross revenue tax on all coal producers. Held, that the plaintiff is exempt from the tax.... 1915
S. W. The Indian Contract Act 27 Harvard Law Review 295 (January, 1914) It is four years since the second edition of this book appeared, and the changes in the present edition are not numerous. We take pleasure, however, in again commending the book. There is a large amount of valuable comment on the English law of contracts, sales, and agency contained in it, besides the authorities from the Indian Reports. 1914
  Contracts - Suit by Third Persons Not Parties to Contract - Promise to Discharge Obligation of Promisee - Indian Law 27 Harvard Law Review 181 (December, 1913) In consideration of the conveyance of property, the defendant promised a debtor to discharge his obligation to a creditor. The creditor brought suit on this promise, joining the original obligor as defendant, and asked a decree against the promisor for the amount of the debt. Held, that the plaintiff is entitled to the relief sought. Dutt v.... 1913
  Conflict of Laws - Jurisdiction for Divorce - Indian Divorce 25 Harvard Law Review 384 (February, 1912) A white man married and then abandoned his white wife, the plaintiff, in Illinois. He went to live among the Pottawatomie Tribe of Indians in Indian Territory, by whom he had formerly been adopted. He acquired land there and died. By the tribal law the marriage status of members of the tribe might be terminated at will and abandonment operated as a... 1912
  Indians - Right of United States to Sue to Cancel Conveyances Made by Indians Contrary to Statute 25 Harvard Law Review 740 (June, 1912) The United States by its Attorney General brought suit to cancel certain conveyances, made by Indians, of lands allotted to them under a statute which provided that such lands should be inalienable. Held, that the United States has capacity to sue. Heckman v. United States, 32 Sup. Ct. 424. See Notes, p. 733. 1912
  Indians and the United States 25 Harvard Law Review 733 (June, 1912) On the discovery of America, the governments of the old world, to regulate among themselves the right of acquisition, adopted the principle that discovery should give title to the government under which it was made against all other European governments. This principle, although vesting title to the soil in the nation which made the discovery, as... 1912
S. H. E. F. The Indian Contract Act 24 Harvard Law Review 249 (January, 1911) It is difficult for an American lawyer to review a work such as this. Sir Frederick Pollock himself undertook the preparation of the Contract Act originally, only on condition that another familiar with the decisions on Indian law should collect and digest the cases. With the merits of the Indian Contract Act we cannot deal within the limits of a... 1911
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