Jamie Kay Ford , Erick Giles Climate Change Adaptation in Indian Country: Tribal Regulation of Reservation Lands and Natural Resources 41 William Mitchell Law Review 519 (2015) I. Introduction. 520 II. Climate Change in Indian Country. 523 A. The Causes and Impacts of Climate Change. 523 B. The Amplified Impacts of Climate Change in Indian Country. 524 C. Regional Overview of Climate Change Impacts in Indian Communities. 526 D. Legacy of Removal of Indigenous Peoples. 530 III. Responding to Climate Change via Tribal Land... 2015
Mallory Irwinsky COALBED METHANE DEVELOPMENT IN WYOMING AND MONTANA: THE POTENTIAL IMPACTS OF MONTANA V. WYOMING, COALBED METHANE DEVELOPMENT, AND WATER QUALITY ON THE TRIBES OF THE POWDER RIVER AND WIND RIVER BASINS 39 American Indian Law Review 553 (2014-2015) For the past few decades, the production of coalbed methane (CBM) across the United States has grown as the demand for fuel has increased across the nation, coupled with a desire for cleaner-burning energy sources. CBM, a form of natural gas, is not only cheaper to produce than conventional natural gas, but it is touted as a clean energy... 2015
Bethany R. Berger, University of Connecticut Colin G. Calloway, Pen & Ink Witchcraft: Treaties and Treaty Making in American Indian History, New York: Oxford University Press, 2013. Pp. Xii + 374. $34.95 Cloth (Isbn 978-0-19-991730-3). Doi:10.1017/s0738248015000176 33 Law and History Review 478 (May, 2015) Treaties with Native nations are foundational in federal Indian law and policy, and historians and legal scholars have written many great works on the subject. Colin Calloway's new book, however, stands out for giving at once a finely detailed portrait of the participants and motivations involved in the treaties and the changing place of those... 2015
Robyn Bourgeois Colonial Exploitation: the Canadian State and the Trafficking of Indigenous Women and Girls in Canada 62 UCLA Law Review 1426 (August, 2015) This Article argues that because of its historical and ongoing investments in settler colonialism, the Canadian state has long been complicit and continues to be complicit in the human trafficking of indigenous women and girls in Canada. In addition to providing indigenous bodies for labour and sexual exploitation, Canada's trafficking of... 2015
George K. Foster Combating Bribery of Indigenous Leaders in International Business 54 Columbia Journal of Transnational Law 59 (2015) As U.S. law enforcement agencies have intensified their efforts to combat bribery in international business under the Foreign Corrupt Practices Act (FCPA), one form of corruption has been overlooked: bribery of indigenous leaders by multinational enterprises undertaking projects that will impact their communities. This Article demonstrates that the... 2015
Jessica Intermill Competing Sovereigns: Circuit Courts' Varied Approaches to Federal Statutes in Indian Country 62-SEP Federal Lawyer 64 (September, 2015) The Federal Lawyer's April 2015 Indian Law issue detailed jurisdictional hooks that allow private parties to sue Indian tribes in employment-law cases. The topic is an important one. Some federal laws expressly apply to tribes and allow suit, but Congress expressly exempted tribes from other laws. Where the text of a federal statute appears to... 2015
Catherine E. Polta Conceptualizing Corporations as Native Administrative Units 7 Georgetown Journal of Law & Modern Critical Race Perspectives 297 (Fall, 2015) In Runyon v. Association of Village Council Presidents, the Supreme Court of Alaska espoused an ill-considered bright line threshold criterion for determining which Alaska Native corporations benefit from tribal immunity. As a result, nonprofit corporations formed by tribes under Alaska law are categorically ineligible for immunity. This result is... 2015
Kirsten Matoy Carlson Congress and Indians 86 University of Colorado Law Review 77 (Winter 2015) Contrary to popular narratives about courts protecting certain minority rights from majoritarian influences, Indian nations lose in the United States Supreme Court over 75 percent of the time. As a result, scholars, tribal leaders, and advocates have suggested that Congress, as opposed to the courts, may be more responsive to Indian interests and... 2015
Drew Kraniak Conserving Endangered Species in Indian Country: the Success and Struggles of Joint Secretarial Order 3206 Nineteen Years on 26 Colorado Natural Resources, Energy & Environmental Law Review 321 (Summer 2015) I. Introduction. 323 II. Conservation in Indian Country. 323 III. The Endangered Species Act. 325 A. Endangered Species Act Overview. 326 B. The Endangered Species Act in Indian Country. 327 IV. Joint Secretarial Order 3206. 328 A. The Order's Provisions. 329 B. Possible Sources of Conflict with the Order. 330 C. Existing Academic Evaluations of... 2015
Alex Tallchief Skibine Constitutionalism, Federal Common Law, and the Inherent Powers of Indian Tribes 39 American Indian Law Review 77 (2014-2015) Introduction. 78 I. The Evolution of the Implicit Divestiture Doctrine. 83 A. United States v. Lara. 83 B. Justice Rehnquist's Oliphant Opinion. 85 C. Justice Stewart's Modification. 87 D. Duro v. Reina: Justice Kennedy's Quasi-Constitutional Approach. 89 E. Nevada v. Hicks: Justice Scalia's Balancing Approach. 92 F. Chief Justice Roberts'... 2015
Robert J. Miller Consultation or Consent: the United States' Duty to Confer with American Indian Governments 91 North Dakota Law Review 37 (2015) This article explores the current international law movement to require nations/states to consult with Indigenous peoples before undertaking actions that impact Indigenous nations and communities. The United Nations took a significant step in this area of law in September 2007 when the General Assembly adopted the Declaration on the Rights of... 2015
Naayeli E. Ramirez Espinosa Consulting Indigenous Peoples in the Making of Laws in Mexico: the Zirahuén Amparo 32 Arizona Journal of International and Comparative Law 647 (Fall, 2015) C1-3Table of Contents I. Introduction. 647 II. The Zirahuén Amparo. 648 A. The Broader Context of the Lawsuit. 649 B. The Zirahuén Community. 651 C. The Zapatista Movement, the San AndrÉs Accords, and the Constitutional Amendment of August 14, 2001. 653 1. The Zapatista Revolution. 654 2. The Rejection of the Constitutional Amendment of August 14,... 2015
Jootaek Lee Contemporary Land Grabbing: Research Sources and Bibliography 107 Law Library Journal 259 (Spring, 2015) This article investigates issues related to contemporary land grabbing. First it defines contemporary land grabbing and identifies the difficulties of research. Next, it delineates various mechanisms and international principles that can be useful in protecting those affected by contemporary land grabs. Finally, it selectively reviews current... 2015
Danna R. Jackson, Esq. Cooperative (And Uncooperative) Federalism at Tribal, State, and Local Levels: a Case for Cooperative Charging Decisions in Indian Country 76 Montana Law Review 127 (Winter 2015) A non-Indian (Defendant) returned to the home he shared with his domestic partner (Victim), who is an Indian. Defendant kicked in the door and threw a lighter at Victim. The lighter hit her in the face. She tried to leave with their two children. Defendant locked the front door, precluding escape. Victim and the children then tried to leave out the... 2015
Gabriel S. Galanda, Ryan D. Dreveskracht CURING THE TRIBAL DISENROLLMENT EPIDEMIC: IN SEARCH OF A REMEDY 57 Arizona Law Review 383 (2015) This Article provides a comprehensive analysis of tribal membership, and the divestment thereof--commonly known as disenrollment. Chiefly caused by the proliferation of Indian gaming revenue distributions to tribal members over the last 25 years, the rate of tribal disenrollment has spiked to epidemic proportions. There is not an adequate remedy... 2015
Ibrahim H. Juma Delinking the Law of Evidence of Tanzania from its Indian Ancestry 33 Boston University International Law Journal 297 (Summer 2015) Introduction: Navigating the Long, Complicated, and Outdated Evidence Act. 297 A. Interconnected Provisions of the TEA. 300 B. Section 7: The Key to Understanding the TEA. 301 C. The TEA and the Rule against Hearsay. 303 I. Outside Influence on the TEA. 304 II. History of Evidentiary Reform in Tanzania: The Choice between Complete Overhaul and... 2015
Thomas W. Fredericks , Managing Partner, Fredericks Peebles & Morgan LLP Developing a National Indian Water Rights Policy 2015 Aspatore 9194947 (November, 2015) In the western part of the United States, water rights are valuable. In most of the West, crops do not grow without irrigation, and much of the land cannot support significant livestock unless the landowner has water rights. The rapidly growing cities in the West need ever-increasing amounts of water. As federal courts have consistently recognized,... 2015
Bethany R. Berger Diversely Native 62-JUN Federal Lawyer 54 (June, 2015) Many federal Indian law professors have experienced some version of the following: We go to a law school to give a workshop on a specific aspect of federal Indian law and get a question along the lines of Why should there be tribes? One might compare it to giving a talk on a specific aspect of constitutional or international law and getting the... 2015
by Amy Kullenberg, Ann Arbor, MI Dollar General Corporation 43 No.3 Preview of United States Supreme Court Cases 99 (11/30/2015) This case explores the authority of a tribal court to adjudicate civil tort claims brought by tribal members against a nontribal member, where: (1) the nonmember civil defendant is a corporation operating a retail store on tribal trust land, pursuant to a business license obtained from the tribal government; (2) the nonmember civil defendant... 2015
Alexia Herwig , Gregory Shaffer Editors' Introduction: Trade, Animal Welfare, and Indigenous Communities: a Symposium on the Wto Ec--seal Products Case 108 AJIL Unbound 282 (March, 2014-July, 2015) The World Trade Organization (WTO) Appellate Body's (AB) decision in the EC-- Seal Products case of May 2014 has stirred considerable debate among legal academics regarding several of its findings and interpretations. The decision touches upon hotly debated issues in WTO law's reading and application that have broad public policy implications. The... 2015
Gregory S. Arnold Employment Law in Indian Country: Finding the Private-action Jurisdictional Hook Is Not Easy 62-APR Federal Lawyer Law. 3 (April, 2015) When representing employment discrimination claimants with grievances against American Indian tribes, first find an appropriate jurisdictional hook. The adage easier said than done comes to mind. The standard approaches to finding jurisdiction do not typically apply, whether in a district circuit court or a tribal court. The difficulty is rooted... 2015
Senator Byron L. Dorgan, Joanne Shenandoah Ending Violence So American Indian Alaska Native Children Can Thrive 40-MAY Human Rights 10 (May, 2015) The children of the first Americans should not be left behind. Yet, that is what American Indian and Alaska Native (AI/AN) children have been facing for decades. Inadequate schools, housing, health care, and more have created conditions that cannot continue. These children have been disadvantaged by the false promises that were made to American... 2015
David Armstrong Estate Planning for American Indians: Aipra for the General Practitioner 92 Denver University Law Review Online 33 (2015) Indian law is sometimes viewed as niche practice area limited to those who work directly with tribes or those who work on or near a reservation. Despite this perception the general practitioner regardless of where they work should have passing familiarity with laws which affect tribal members who often reside outside of reservations. Two primary... 2015
Anthony B. Ponikvar Ever-blurred Lines: Why Native Advertising Should Not Be Subject to Federal Regulation 93 North Carolina Law Review 1187 (May, 2015) Upon logging onto Facebook every day, over 800 million users are inundated with posts by their friends and family on their Newsfeed. Users see a status update from their niece who just got a new car. They scroll to see that their co-worker likes the new comic book hero movie and that their old friend from high school posted pictures of her... 2015
  Federal Indian Law--tribal Jurisdiction--fifth Circuit Disclaims Independent Obligation to Ensure That Tribal Courts Have Subject Matter Jurisdiction in Disputes Involving Nonmembers.--dolgencorp, Inc. V. Mississippi Band of Choctaw Indians, 746 F.3d 167 128 Harvard Law Review 1035 (January, 2015) As domestic dependent nations, Indian tribes retain all inherent sovereign powers not withdrawn by treaty or [federal] statute, or by implication as a necessary result of their dependent status. In Montana v. United States, the Supreme Court articulated the general proposition that Indian tribes' exercise of civil regulatory authority over... 2015
Purba Mukerjee Fighting for Air in Indian Country: Clean Air Act Jurisdiction in Off-reservation Tribal Land 45 Environmental Law Reporter News & Analysis 10966 (October, 2015) Acting under its Clean Air Act (CAA) authority, the U.S. Environmental Protection Agency (EPA) has attempted to regulate air quality on behalf of Native American tribes. However, the D.C. Circuit--in reviewing EPA's tribal CAA rules--significantly cut back on these efforts, resulting in state encroachment on the environmental authority... 2015
Mary Smith For Native American Attorneys, Nnaba Groundbreaking Study Reveals Devastating Lack of Inclusion in the Legal Profession at Large 62-APR Federal Lawyer 72 (April, 2015) This year marks the 40th anniversary of the Federal Bar Association's Indian Law Conference. The theme is 40 Years Strong: The Indian Self-Determination Era Strengthening Tribal Sovereignty. While tribal sovereignty has been strengthened over time, the status and inclusion of Native American attorneys remain challenging at best, particularly in the... 2015
Zachary R. Cormier Forcing Personal Injury Suits into the Regulation of Class Iii Gaming-- the Judicial Divide Regarding Waiver of Tribal Immunity and Jurisdiction for Personal Injury Suits under the Indian Gaming Regulatory Act 40 Oklahoma City University Law Review 329 (Fall 2015) There is a very important judicial divide forming in regard to Indian tribal sovereign immunity under the Indian Gaming Regulatory Act (IGRA). The crux of the debate is whether IGRA permits an Indian tribe and a state to negotiate a waiver of the tribe's sovereign immunity, allowing visitors of tribal gaming facilities to file personal injury suits... 2015
Heather Whitney-Williams, Hillary M. Hoffmann Fracking in Indian Country: the Federal Trust Relationship, Tribal Sovereignty, and the Beneficial Use of Produced Water 32 Yale Journal on Regulation 451 (Summer 2015) Potentially toxic wastewater discharges from hydraulic fracturing--known as produced water--are not subject to RCRA's or the CWA's permitting requirements. This is because the EPA has categorized produced water as a special waste when put to beneficial uses in arid regions. Some chemical components in produced water, however, are patented... 2015
Michael D. McNally, Professor of Religion, Carleton College From Substantial Burden on Religion to Diminished Spiritual Fulfillment: the San Francisco Peaks Case and the Misunderstanding of Native American Religion 30 Journal of Law and Religion 36 (February, 2015) In Navajo Nation v. U.S. Forest Service, 535 F.3d 1058 (9th Cir. 2008), cert. denied, 129 S. Ct. 2763 (2009), the Ninth Circuit seated en banc found that federal approval of a plan by a ski resort to make artificial snow with treated sewage effluent on Arizona's San Francisco Peaks, a mountain massif held sacred by the Navajo, Hopi, and four other... 2015
Lorelei Laird Fuss and Feathers 101-JAN ABA Journal 17 (January, 2015) In many American Indian religions, the eagle is considered a link to the creator and the spirit world. Its feathers are an important part of rituals, facilitating spiritual or physical purification. But in the 21st century, acquiring eagle feathers is more a bureaucratic than a spiritual matter. Because the Bald and Golden Eagle Protection Act... 2015
Emily Snyder, Val Napoleon, John Borrows Gender and Violence: Drawing on Indigenous Legal Resources 48 U.B.C. Law Review 593 (July, 2015) Custom misapplied bastardised murdered a frankenstein corpse conveniently recalled to intimidate women. In a recently published report by the Ontario Federation of Indian Friendship Centres, an action plan was proposed for addressing violence against Indigenous women. This report was a response to the high rates of sexual violence that Indigenous... 2015
A.J. Casale Going Native: the Rise of Online Native Advertising and a Recommended Regulatory Approach 65 Catholic University Law Review 129 (Fall, 2015) 15 Animal Vines That Perfectly Describe Your Mood Right Now--BuzzFeed 11 Dad Jokes We've All Heard Before--BuzzFeed Many people see listicle titles like these while browsing social media and click on them for entertainment. What they may not realize is that a large corporation, like Geico in these instances, paid an estimated $90,000 for each... 2015
Gina Cosentino Governing the Global Commons: How Unsr Anaya's Study on Extractive Industries Can Inform a New Global Human Rights Regulatory Regime for Transnational Conservation Ngos Operating on or near Indigenous Territories 32 Arizona Journal of International and Comparative Law 209 (Symposium, 2015) C1-2Table of Contents I. Introduction. 209 II. Indigenous Peoples and the Development of a Global Voluntary-Compliance Human Rights Regime for Extractive Industries. 214 III. Emergent Frontiers in Governing the Global Indigenous Commons: The Need for a Global Regulatory Framework Clarifying the Human Rights Responsibilities of Conservation NGOs.... 2015
Diana Coronel David Green Energy in Indian Country as a Double-edged Sword for Native Americans: Drawing on the Inter-american and Colombian Legal Systems to Redefine the Right to Consultation 38-SPG Environs Environmental Law and Policy Journal 223 (Spring, 2015) Introduction. 224 I. United States Department of the Interior's Failure to Consult the Quechan Tribe Prior to Approving the Ocotillo Wind Energy Project. 226 A. Background on the Quechan Tribe. 226 B. Project's Approval. 228 C. Complaint and Decision. 230 II. Existing Legal Framework Governing the Right to Consultation in the United States. 232 A.... 2015
Mary Smith Groundbreaking Survey: Native American Attorneys Not Fully Included in Legal Profession 52-SEP Arizona Attorney 12 (September, 2015) In order to raise the visibility of Native American attorneys in the legal profession at large, to effectuate lasting reforms in the legal community, and to help build a better pipeline to law school, the National Native American Bar Association (NNABA) conducted the first-of-its-kind study of Native American attorneys, titled The Pursuit of... 2015
Leah Jurss Halting the "Slide down the Sovereignty Slope" : Creative Remedies for Tribes Extending Civil Infraction Systems over non-indians 16 Rutgers Race & the Law Review 39 (2015) A slot machine player at the Four Winds Casino in Hartford, Michigan, took a payout ticket from another slot machine as he sat down to play. In situations like this, casino security and law enforcement take every opportunity to ensure the player returns the property to the rightful owner. As a last resort, after sitting before a judge and entering... 2015
Leah Jurss HALTING THE "SLIDE DOWN THE SOVEREIGNTY SLOPE" : CREATIVE REMEDIES FOR TRIBES EXTENDING CIVIL INFRACTION SYSTEMS OVER NON-INDIANS 16 Rutgers Race & the Law Review 39 (2015) A slot machine player at the Four Winds Casino in Hartford, Michigan, took a payout ticket from another slot machine as he sat down to play. In situations like this, casino security and law enforcement take every opportunity to ensure the player returns the property to the rightful owner. As a last resort, after sitting before a judge and entering... 2015
Gregory S. Arnold Hon. William D. Johnson Chief Judge, Umatilla Tribal Court Confederated Tribes of the Umatilla Indian Reservation, Pendleton, Oregon 62-APR Federal Lawyer 12 (April, 2015) When Judge William D. Johnson took the bench at the Umatilla Tribal Court as an associate judge in 1980, there was no way for anyone to foresee that the recent law school graduate would still be on the bench 35 years later. He had the perfect background to be a judge in the Umatilla Tribal Court. He was an experienced tribal attorney and a citizen... 2015
Richard Duncan, Christiana Martenson I Can See Clearly Now: the Epa's Authority to Regulate Indian Country under the Clean Air Act 41 William Mitchell Law Review 488 (2015) I. Introduction. 489 II. Indian Country and the United States' Trust Responsibility. 492 III. The Clean Air Act and the EPA's New Source Review Rule for Indian Country. 495 A. Involvement of Indian Tribes in Implementation of Clean Air Act Programs Prior to the Indian Country NSR Rule. 496 B. The EPA's Indian Country NSR Rule. 500 IV. The D.C.... 2015
Peter Capossela Impacts of the Army Corps of Engineers' Pick-sloan Program on the Indian Tribes of the Missouri River Basin 30 Journal of Environmental Law & Litigation 143 (2015) Introduction. 144 I. Overview of the Missouri River Basin Pick-Sloan Program. 146 A. The Natural Missouri River and its Vast Watershed. 146 B. Enactment and Implementation of the 1944 Flood Control Act. 149 C. A River Transformed. 153 II Impacts of Dam Construction on the Indian Reservations Along the Missouri River. 155 A. Inundation of Land and... 2015
Peter Capossela IMPACTS OF THE ARMY CORPS OF ENGINEERS' PICK-SLOAN PROGRAM ON THE INDIAN TRIBES OF THE MISSOURI RIVER BASIN 30 Journal of Environmental Law & Litigation 143 (2015) Introduction. 144 I. Overview of the Missouri River Basin Pick-Sloan Program. 146 A. The Natural Missouri River and its Vast Watershed. 146 B. Enactment and Implementation of the 1944 Flood Control Act. 149 C. A River Transformed. 153 II Impacts of Dam Construction on the Indian Reservations Along the Missouri River. 155 A. Inundation of Land and... 2015
Prv Raghavan Indian Budget 2015 26 Journal of International Taxation 60 (October, 2015) Union Finance Minister Arun Jaitley, on February 28, 2015, presented the Union Budget for 2015-2016, the second of the National Democratic Alliance government after the general elections in May 2014. The Bill was amended slightly by the Indian Parliamentand obtained the assent of the President on May 14, 2015, and became Finance Act, 2015, coming... 2015
  Indian Country Permits Finalized for Five Source Categories 25 No.4 Air Pollution Consultant 2.17 (2015) The Environmental Protection Agency on May 1, 2015 (80 FR 25068-25018), published a final rule that establishes options to simplify the Clean Air Act permitting process for certain smaller sources of air pollution commonly found in Indian country. Intended to ensure that air quality those areas is protected by facilitating the implementation of the... 2015
Nizhone Meza Indian Education: Maintaining Tribal Sovereignty Through Native American Culture and Language Preservation 2015 Brigham Young University Education and Law Journal 353 (2015) The United States government has attempted to accommodate, assimilate, and terminate the Indian since declaring its Independence. Indian Education Policy was no different as it duplicated the general Federal Indian Policy making an indirect substantial impact on tribal sovereignty. This impact is felt today as traditional Native American languages... 2015
Troy A. Eid, Affie Ellis Indian Law and Order Commission Proposals Gain Ground 62-JUN Federal Lawyer 17 (June, 2015) These are historic times for America's 567 federally recognized Indian tribes, thanks to the Tribal Law and Order Act of 2010 (TLOA) and the Violence Against Women Act Amendments of 2013 (VAWA Amendments). These landmark reforms make federal officials more accountable to Native American and Alaska Native communities, ease congressionally imposed... 2015
Paul Spruhan Indian Law on State Bar Exams in the Age of the Uniform Bar Examination 62-MAR Federal Lawyer 14 (March, 2015) In 2002, with much fanfare, New Mexico became the first state to adopt Indian law as a testable subject for its state bar examination. Advocates for its adoption touted the need for practitioners throughout the state to have basic knowledge of the principles of Indian law to competently represent their clients, regardless of the type of law they... 2015
Javier Esparza Indian Patent Law: Working Within the Trips Agreement Flexibilities to Provide Pharmaceutical Patent Protection While Protecting Public Health 24 Journal of Transnational Law & Policy 205 (2014-2015) I. Introduction: Patent Law and the Pharmaceutical Industry. 205 II. TRIPS and the Indian Patents Act, 1970. 207 A. Indian Patents Act, 1970. 207 B. TRIPS Agreement. 208 C. Doha Declaration. 210 D. Amendments to the Indian Patents Act, 1970. 210 III. India's Section 3(d). 212 IV. India's Granting of Compulsory Licenses. 216 V. Discussion. 220 VI.... 2015
Beth DiFelice Indian Treaties: a Bibliography 107 Law Library Journal 241 (Spring, 2015) This bibliography describes sources for research into treaties between the U.S. government and Indian tribes, focusing on primary sources. The sources are preceded by an overview of the treaty process and the termination of the government's power to enter into treaties with Indian nations. Overview of the Indian Treaty Process. 243 Congressional... 2015
Ann Tweedy Indian Tribes and Gun Regulation: Should Tribes Exercise Their Sovereign Rights to Enact Gun Bans or Stand-your-ground Laws? 78 Albany Law Review 885 (2014-2015) In light of the Second Amendment's inapplicability to Indian tribes, tribes appear to have the greatest freedom to experiment with gun laws of any sovereign in the United States. What have they done with that freedom and what sorts of regulations should they pursue? This article attempts to answer both questions. As to the first, as discussed in... 2015
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