| Author | Title | Citation | Summary | Year |
| Iyanrick John , Kathy Ko Chin |
A Review of Policies and Strategies to Improve Access to Health Care for Limited English Proficient Individuals in the Asian American, Native Hawaiian, and Pacific Islander Community |
16 University of Maryland Law Journal of Race, Religion, Gender and Class 259 (Fall, 2016) |
A person's health is influenced by many factors including race, gender, and socioeconomic status. Research indicates that certain groups of people experience health disparities due to a variety of contributing factors. Many studies, including the landmark Institute of Medicine report Unequal Treatment: Confronting Racial and Ethnic Disparities in... |
2016 |
| Jeffrey W. Stowers, Jr. |
A Starving Culture: Alaskan Native Villages' Fight to Use Traditional Hunting and Fishing Grounds |
40 American Indian Law Review 41 (2015-2016) |
Every part of all this soil is sacred to my people. Every hillside, every valley, every plain and grove has been hallowed by some sad or happy event in the days long vanished. The very dust you now stand on responds more willingly to their footsteps than to yours, because it is rich with the blood of our ancestors, and our bare feet are conscious... |
2016 |
| John Sanders |
A Tiny Fish and a Big Problem: Natives, Elvers, and the Maine Indian Claims Settlement Act of 1980 |
57 William and Mary Law Review 2287 (May, 2016) |
Table of Contents Introduction. 2288 I. Background. 2292 A. Origins of the Lucrative Elver Fishery. 2292 B. The Mystery of Eel Biology. 2293 C. Current Conservation Status of the Eel. 2294 D. Current Status of the Passamaquoddy Tribe. 2298 II. Legal History of the Elver Fishery in Maine. 2300 A. Maine Elver Legislation. 2300 B. Special Elver... |
2016 |
| Kelly Gaines Stoner , Lauren Van Schilfgaarde |
Addressing the Oliphant in the Room: Domestic Violence and the Safety of American Indian and Alaska Native Children in Indian Country |
22 Widener Law Review 239 (2016) |
Lakota people know that as long as a small infant has a soft spot on its head, it is sacred. It is through that opening that Tunkasila communicates with that child. Children are the hope of a nation . . . . The health and wellbeing of American Indian and Alaska Native (AI/AN) families are in peril as their children are exposed to domestic violence... |
2016 |
| Arnold W. Reitze Jr. |
Air Pollution Control on Indian Reservations |
31-SUM Natural Resources & Environment Env't 8 (Summer, 2016) |
American Indian [hereinafter Indian] lands in 2014 were the sources of 1.8 percent of U.S. crude oil, 0.4 percent of the natural gas liquids, and 1.0 percent of the natural gas production. See U.S. Energy Info. Admin., Sales of Fossil Fuels Produced from Federal and Indian Lands FY 2003 through 2014, at 3 tbl.2 (2015). Royalty income from Indian... |
2016 |
| Satchit Bhogle |
Amenability of Indian Domestic Sports Governing Bodies to Judicial Review |
27 Marquette Sports Law Review 153 (Fall, 2016) |
Sports governing bodies wield enormous power, not only over the rights and interests of athletes and players, but also over the sports loving public. It is therefore essential that sports governing bodies exercise their power fairly. At the same time, sport demands that its governing bodies be allowed to make decisions autonomously and quickly,... |
2016 |
| Robert J. Miller |
American Indian Nations and the International Law of Colonialism |
63-FEB Federal Lawyer Law. 8 (January/February, 2016) |
Most of the non-European world was colonized under an international legal principle known today as the Doctrine of Discovery. Beginning in the early 1400s, European countries and the church began developing legal principles to exploit and acquire lands outside of Europe. As the doctrine developed, it provided that Europeans could acquire property... |
2016 |
| Kathryn R.L. Rand, Steven Andrew Light, Heidi McNeil Staudenmaier, Morden C. Lazarus |
American Indian Tribes and Canadian First Nations: the Impact of Gaming Law and Policy on the Industry |
2016-SEP Business Law Today Today 1 (September, 2016) |
In the United States, Indian gaming is a $29 billion industry, with some 240 American Indian tribes operating more than 450 gaming operations in 28 states. Alan Meister, Casino City's Indian Gaming Industry Report (2016). In Canada, the First Nations gaming industry consists of fewer than 20 casinos, along with limited VLT palaces, with estimated... |
2016 |
| Arthur Acevedo |
An Argument in Support of Tax-free Per-cap Distribution Payments Derived from Native American Nations Gaming Sources |
37 Northern Illinois University Law Review 66 (Fall, 2016) |
Gaming activities play important social, cultural, and economic roles for many Native American tribes. During the 1970s and 1980s, gaming activities spread throughout the country, and became more accessible to nonnative individuals. This growth in gaming activities drew the attention of state and local officials who sought to limit and regulate... |
2016 |
| D. Kapua‘ala Sproat |
An Indigenous People's Right to Environmental Self-determination: Native Hawaiians and the Struggle Against Climate Change Devastation |
35 Stanford Environmental Law Journal 157 (June, 2016) |
I. Introduction. 158 II. Climate Change and Its Impacts on Native Peoples and Resources. 163 A. Climate Change and Environmental Injustice for Indigenous Peoples. 163 B. Knaka Maoli Cultural Survival and the Integrity of Hawaii's Natural and Cultural Resources. 167 C. Climate Change's Projected Impacts on Traditional and Customary Practices. 172... |
2016 |
| Stephanie Jade Bollinger |
Between a Tomahawk and a Hard Place: Indian Mascots and the Ncaa |
2016 Brigham Young University Education and Law Journal 73 (2016) |
In a segment of The Daily Show, which aired on September 25, 2014, Comedy Central interviewed four die-hard Washington Redskins fans about the controversy over the team's name. Unbeknownst to the four fans, the show lined up eight Native American activists and arranged a confrontation between the groups during the interview. The objective of the... |
2016 |
| Ingrid Messbauer |
Beyond "Redskins": a Source-based Framework for Analyzing Disparaging Trademarks and Native American Sports Logos |
25 Federal Circuit Bar Journal 241 (2016) |
On July 8, 2015, the District Court for the Eastern District of Virginia in Pro-Football, Inc. v. Blackhorse upheld the U.S. Patent and Trademark Office's decision to cancel the Washington Redskins' trademark registrations on the grounds that the term Redskin is disparaging to Native Americans. This decision comes after decades of Native American... |
2016 |
| Jessica K. Sink , Richard Bales |
Born in the Bandwidth: "Digital Native" as Pretext for Age Discrimination in Hiring |
31 ABA Journal of Labor & Employment Law 521 (Spring, 2016) |
Young people are just smarter, Facebook Chief Executive Officer Mark Zuckerberg told an audience at Stanford University. Why are most chess masters under 30? he asked. I don't know . Young people just have simpler lives. We may not own a car. We may not have family. In Silicon Valley, the mecca of tech start-ups, it is trendy to hire... |
2016 |
| Raina Thiele |
Building Relations: Alaska Natives, Ancsa and the Federal Government |
33 Alaska Law Review 183 (December, 2016) |
[F]or me as a young person, having grown up all over the state and also having exposure to Anchorage and the outlying locations, I had experience with The CIRI Foundation, the Cook Inlet Tribal Council, the Heritage Center, and a variety of different tribal organizations, all of which were pushing a college education. Not only asking How do you... |
2016 |
| Teresa Hawkinson |
Can a Sioux Be Sued for Embracing Mary Jane?: Tribal Sovereign Immunity Concerns Arising from the Legalized Marijuana Trade on Indian Land |
3 St. Thomas Journal of Complex Litigation 44 (Fall, 2016) |
Having celebrated the one-year anniversary of the 2014 Department of Justice Wilkinson memorandum (Wilkinson Memo) regarding the Federal Government's discretionary authority in the enforcement of marijuana on Tribal lands, the matter appears to have created more questions than answers. While some Tribes see this as a lucrative business... |
2016 |
| W. Gregory Guedel, Ph.D. , J.D. Colbert |
Capital, Inequality, and Self-determination: Creating a Sovereign Financial System for Native American Nations |
41 American Indian Law Review Rev. 1 (2016) |
C1-2Table of Contents Executive 2 I. Introduction. 4 II. Challenges For Tribes In Accessing Capital. 9 A. Historical and Structural Problems. 9 B. Commercial Capital Source Problems. 11 C. Conflict of Law Problems. 14 D. U.S. Government Trust Management Problems. 17 III. United States Senate Oversight Hearing on Access to Capital in Indian... |
2016 |
| Michael B. Farley |
Caught on the Wrong Side of the Line: an Examination of the Relationship Between the Payday Loan Industry and American Indian Tribal Sovereignty |
42 Journal of Corporation Law 481 (Winter 2016) |
I. Introduction. 482 II. Background. 483 A. Payday Loan Companies. 484 1. The Function of Payday Loans in the Lending Market. 484 2. The Problems with Payday Loans. 484 3. Recent Development in Responses to Payday Loans. 485 4. Ways the Payday Loan Industry is Adapting. 487 B. American Indian Tribal Sovereignty and Immunity. 488 III. Analysis. 492... |
2016 |
| |
Chapter 17 • Native American Resources |
2016 ABA Environment, Energy, and Resources Law: The Year in Review 193 (2016) |
This year saw the continuation of several issues relating to the Indian Child Welfare Act and the status of Native Hawaiians. The year also saw the emergence of what will likely be a continuing dispute concerning the construction of a pipeline across potential historic sites in North Dakota. Congress passed only one significant piece of legislation... |
2016 |
| Scott Priz |
Chicago's Last Unclaimed Indian Territory: a Possible Native American Claim upon Billy Caldwell's Land |
50 John Marshall Law Review 91 (Fall, 2016) |
I. Introduction. 92 II. A Brief History of Billy Caldwell and His Land. 94 A. Billy Caldwell and the Land Granted to Him by Treaty. 94 B. The Land that Was Conveyed and Not Conveyed by Caldwell. 98 C. An Unexpected Son. 103 D. Possession of the Land by Robb Robinson. 107 E. Native American Protections against Adverse Possession. 109 F. Obligations... |
2016 |
| Lorelei Laird |
Children of the Tribe |
102-OCT ABA Journal 40 (October, 2016) |
Alexandria P.'s short life has been full of harsh goodbyes. At 17 months, she was taken from her parents after accusations of neglect. Los Angeles County authorities placed her in a foster home--but within months, she suffered a black eye and a scrape and was removed again. A second foster family gave her up after just a few months, partly because... |
2016 |
| Lorelei Laird |
CHILDREN OF THE TRIBE |
102-OCT ABA Journal 40 (October, 2016) |
Alexandria P.'s short life has been full of harsh goodbyes. At 17 months, she was taken from her parents after accusations of neglect. Los Angeles County authorities placed her in a foster home--but within months, she suffered a black eye and a scrape and was removed again. A second foster family gave her up after just a few months, partly because... |
2016 |
| Dean B. Suagee |
Clean Power: a Federal Plan for Indian Country? |
30-SPG Natural Resources & Environment 55 (Spring, 2016) |
The Clean Power Plan (CPP), the Obama administration's initiative to use the authority of the U.S. Environmental Protection Agency (EPA) under the Clean Air Act (CAA) to regulate emissions of carbon dioxide (CO2) from existing fossil fuel-fired electric utility generating units (EGUs), was published as a final rule on October 23, 2015. 80 Fed. Reg.... |
2016 |
| Daniel S. Sem |
Co-developing Drugs with Indigenous Communities: Lessons from Peruvian Law and the Ayahuasca Patent Dispute |
23 Richmond Journal of Law and Technology Tech. 1 (12/2/2016) |
This paper will examine the issues surrounding the co-development of drugs derived from traditional medicines used by indigenous peoples in Amazonia, with a focus on Peru. In particular, this paper will explore what national, regional and international legal structures are in place to protect the interests of indigenous peoples, while at the same... |
2016 |
| Mark Adams |
College of Law Committed to Native Law Program |
59-OCT Advocate 35 (October, 2016) |
As dean of the University of Idaho College of Law, I believe the Native American Law program is a key part of our college's future and aligns with our steadfast belief that a law school should stand for serving the public and increasing access to justice. Our program is focused on providing law students with a foundation in tribal law, federal... |
2016 |
| Aneta Pavlenko , Diana Eades , Margaret van Naerssen |
Communicating Miranda Rights to Non-native Speakers of English |
40-APR Champion 57 (April, 2016) |
Suspects' interview rights, referred to as Miranda rights in the United States and as police cautions in Australia, England and Wales, are country-specific interpretations of the rights embodied in the 1966 International Covenant on Civil & Political Rights, signed by the majority of the world's countries. The purpose of the requirement to... |
2016 |
| Racheal M. White Hawk |
Community-scale Solar: Watt's in it for Indian Country? |
40-FALL Environs Environmental Law and Policy Journal J. 1 (Fall, 2016) |
Native American households disproportionately lack electricity service in comparison to other households in the United States. Community-scale solar energy could be a valuable means of helping to address this disparity, especially on remote Indian reservations where access to the electric grid can be cost-prohibitive. However, federal policymakers... |
2016 |
| Eugene R. Fidell |
Competing Visions of Appellate Justice for Indian Country: a United States Court of Indian Appeals or an American Indian Supreme Court |
40 American Indian Law Review 233 (2015-2016) |
In 2013 I proposed the establishment by federally recognized tribes of an opt-in American Indian Supreme Court that would review decisions of tribal courts. After that article went to press, the congressionally created Indian Law and Order Commission (ILOC) released an important report, A Roadmap for Making Native America Safer. Because the ILOC... |
2016 |
| Julie Lurman Joly , Christopher Behnke |
Congress Resurrects a Native Harvest and Creates Potential for Conflict in Migratory Bird Management |
27 Colorado Natural Resources, Energy & Environmental Law Review 133 (Summer, 2016) |
In 2014 Congress passed the Huna Tlingit Traditional Gull Egg Use Act. The Act reestablishes a native gull egg harvest that had been eliminated in the 1960s. The new statute, however, does not reference the Migratory Bird Treaty Act or the migratory bird treaties, and the new statute contains several provisions that conflict with one or the other... |
2016 |
| Kirsten Matoy Carlson |
CONGRESS, TRIBAL RECOGNITION, AND LEGISLATIVE-ADMINISTRATIVE MULTIPLICITY |
91 Indiana Law Journal 955 (Spring, 2016) |
Introduction. 955 I. The Prevailing Narrative: An Overview of Federal Recognition. 959 II. Empirically Investigating the Prevailing Narrative: Congress's Role in Federal Recognition. 967 A. Data Collection. 967 B. Coding. 969 C. Methodology. 969 D. Limits to the Study. 970 III. Revealing Congress's Real Role in Federal Recognition. 971 A. Frequency... |
2016 |
| Allyssa Wall |
Constitutional Law--the Reaffirmation of the Lack of Sixth Amendment Protections for Indigent Native American Defendants in Tribal Court Proceedings United States V. Bryant, 136 S. Ct. 1954 (2016) |
92 North Dakota Law Review 251 (2016) |
In United States v. Bryant, the United States Supreme Court held that tribal court convictions of uncounseled indigent defendants of domestic assault are sufficient to convict under 18 U.S.C. § 117(a), which is the federal offense of domestic assault in Indian country by a habitual offender. The Court found that because the Sixth Amendment does not... |
2016 |
| Arpan Banerjee |
Copyright Piracy and the Indian Film Industry: a "Realist" Assessment |
34 Cardozo Arts and Entertainment Law Journal 609 (2016) |
In India, the academic discourse surrounding intellectual property (IP) has been marked by great skepticism. Global IP laws have been viewed as a Western imposition detrimental to national interests. In this paper, I will make the case for a realist approach to film piracy in India, i.e., an approach that is rooted in legal pragmatism and draws... |
2016 |
| Angela R. Riley |
Crime and Governance in Indian Country |
63 UCLA Law Review 1564 (August, 2016) |
Criminal jurisdiction in Indian country is defined by a central, ironic paradox. Recent federal laws expanding tribal criminal jurisdiction are, in many respects, enormous victories for Indian country, as they acknowledge and reify a more robust notion of tribal sovereignty, one capable of accommodating increased tribal control over safety and... |
2016 |
| Giovanna Gismondi |
Denial of Justice: the Latest Indigenous Land Disputes Before the European Court of Human Rights and the Need for an Expansive Interpretation of Protocol 1 |
18 Yale Human Rights and Development Law Journal L.J. 1 (2016) |
In its three latest decisions on indigenous land rights, the European Court of Human Rights (ECtHR) has afforded scant protection to indigenous peoples. Through an analysis of each case in terms of substantive and procedural law, this Article evaluates the challenges indigenous peoples face when pursuing their claims before the Court. I argue that... |
2016 |
| Ryan Dreveskracht |
Doing Business in Indian Country: a Primer |
2016-JAN Business Law Today Today 1 (January, 2016) |
There are more than 566 tribal governments in the United States, varying in population from a few hundred members to more than 600,000, with a land base of more than 52.7 million acres. The past 15 years have seen tribes emerge as powerful economic, legal, and political forces. And as part of this renaissance, tribes are increasingly partnering... |
2016 |
| Nicole Greenstein, Gerard Salvatore, Allison Hoppe |
Dollar General Corp., et Al. V. the Mississippi Band of Choctaw Indians, et Al. (13-1496) |
63-APR Federal Lawyer 68 (April, 2016) |
Does an Indian tribal court have jurisdiction to adjudicate civil tort claims against nonmembers of the tribe, including nonmembers who enter into a consensual relationship with the tribe or its members? Whether Indian tribal courts have jurisdiction to adjudicate civil tort claims against nonmembers, including as a means of regulating the conduct... |
2016 |
| Tyrel Stevenson |
Dollar General V. Mississippi Band of Choctaw Indians: Where Do We Go from Here? |
59-OCT Advocate 26 (October, 2016) |
On June 23, 2016 the United States Supreme Court issued a one-sentence opinion which read, The judgment is affirmed by an equally divided Court. The short, unusual, anti-climactic and perhaps fittingly unfinished tone of the holding leaves at first blush as many questions as answers to the most hotly contested topic of our Indian law practice:... |
2016 |
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Economic Justice and Inclusion |
40-SUM Fletcher Forum of World Affairs 11 (Summer, 2016) |
FLETCHER FORUM: To begin, could you each share your vision of a just society? AMIT BHADURI: My vision of a just society is one in which the poorest have the same rights as the top 10 percent in terms of access to courts, nutrition, healthcare, and education. What you give to the rich, you also give to the poor; what you give to the men, you also... |
2016 |
| Juliana Ramirez |
El Gran Canal De Nicaragua: When Government Infrastructure Infringes on the Land Rights of Indigenous Communities |
22 Southwestern Journal of International Law 411 (2016) |
I. Introduction. 412 II. Land Rights. 414 III. International Recognition of the Land Rights of Indigenous Communities. 418 A. The Indigenous and Tribal Peoples Convention (ILO 169). 418 1. The Recognition of Indigenous Ties to Land. 418 2. The Right of Consultation. 419 3. The Right of Participation. 420 4. The Indigenous Communities May Only be... |
2016 |
| Chloe Bourne |
Environmental Jurisdiction in Indian Country: Why the Epa Should Change its Definition of Indian Agency Jurisdiction under the Safe Drinking Water Act |
27 Colorado Natural Resources, Energy & Environmental Law Review 293 (Summer, 2016) |
I. INTRODUCTION. 295 II. DEFINITIONS OF INDIAN COUNTRY. 298 III. HYDRO RESOURCES III'S INTERPRETATION OF DEPENDENT INDIAN COMMUNITY. 299 A. The Community of Reference Test is Compatible with Supreme Court Precedent. 301 B. Ignoring the Community of Reference Goes Against Congress' Intent in Enacting 18 U.S.C. § 1151. 304 C. Hydro Resources Ill's... |
2016 |
| Hon. Elizabeth Ann Kronk Warner |
Ethics and Indian Country |
63-APR Federal Lawyer Law. 4 (April, 2016) |
Practicing Indian law can be an immensely rewarding experience. Many lawyers who practice in the field gravitate toward Indian Country because of a strong desire to promote tribal sovereignty and to protect tribal customs and traditions. Furthermore, increasingly, lawyers who may have never otherwise dreamed that their practices would lead them to... |
2016 |
| Tyler Kennedy |
Expanding Jurisdiction: Increasing Tribal Ability to Prosecute Criminal Behavior on Native American Land |
15 Seattle Journal for Social Justice 465 (Fall, 2016) |
The long and complex relationship between Native American tribes and the US government has created a variety of issues deeply entrenched in the historical tensions between the two parties. The ebb and flow of history has brought about waves of progress, contrasted with eras of great oppression and subjugation. In recent years, criminal... |
2016 |
| Tyler Kennedy |
EXPANDING JURISDICTION: INCREASING TRIBAL ABILITY TO PROSECUTE CRIMINAL BEHAVIOR ON NATIVE AMERICAN LAND |
15 Seattle Journal for Social Justice 465 (Fall, 2016) |
The long and complex relationship between Native American tribes and the US government has created a variety of issues deeply entrenched in the historical tensions between the two parties. The ebb and flow of history has brought about waves of progress, contrasted with eras of great oppression and subjugation. In recent years, criminal... |
2016 |
| Patrice H. Kunesh |
Exploring the Intersection of Economic Development and Community Well-being in Indian Country |
63-APR Federal Lawyer 34 (April, 2016) |
A few months ago, during a serious conversation about potential opportunities for growing tribal economies with financial and business stakeholders representing diverse segments of Indian Country, the question arose: How can Indian Country leverage its significant economic gains realized in the past few decades into lasting community well-being for... |
2016 |
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Federal Indian Law |
43 No.8 Preview of United States Supreme Court Cases 323 (8/1/2016) |
Overview: This case explored 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... |
2016 |
| |
Federal Indian Law |
43 No.8 Preview of United States Supreme Court Cases 323 (8/1/2016) |
Overview: This case involved the interpretation of 18 U.S.C. § 117(a), a section of the Violence Against Women and Department of Justice Reauthorization Act dealing directly with domestic violence perpetrated against Native American women. Particularly, this case examined whether Congress intended to allow the use of tribal court convictions for... |
2016 |
| Abilene Slaton |
Federal Statutory Responsibility and the Mental Health Crisis among American Indians |
40 American Indian Law Review 71 (2015-2016) |
Suicides are occurring at an alarming rate among Indian populations. For example, years ago, on a reservation in North Dakota, a young American Indian girl suffered the loss by suicide of both her father and her sister. Soon after, she fell into a severe depression. For the next ninety days she lay in her bed in the fetal position, while no one... |
2016 |
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Fresh Pursuit from Indian Country: Tribal Authority to Pursue Suspects onto State Land |
129 Harvard Law Review 1685 (April, 2016) |
Around 1:30 a.m. on August 10, 2005, while on patrol in the Lummi Reservation, Officer Mike McSwain of the Lummi Nation Police Department observed a car driving toward him with its high beams on. As the car approached, the driver, later identified as Loretta Lynn Eriksen, failed to dim her lights in response to McSwain's signaling with his own high... |
2016 |
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FRESH PURSUIT FROM INDIAN COUNTRY: TRIBAL AUTHORITY TO PURSUE SUSPECTS ONTO STATE LAND |
129 Harvard Law Review 1685 (April, 2016) |
Around 1:30 a.m. on August 10, 2005, while on patrol in the Lummi Reservation, Officer Mike McSwain of the Lummi Nation Police Department observed a car driving toward him with its high beams on. As the car approached, the driver, later identified as Loretta Lynn Eriksen, failed to dim her lights in response to McSwain's signaling with his own high... |
2016 |
| Gail T. Kulick , Tadd M. Johnson , Rebecca St. George , Emily Segar-Johnson |
From Dysfunction and Polarization to Legislation: Native American Religious Freedom Rights and Minnesota Autopsy Law |
42 Mitchell Hamline Law Review 1699 (2016) |
I. Introduction. 1700 II. Two Deaths, Two Court Orders. 1702 III. Why Tribal Religions Went Underground. 1708 IV. The Law in Minnesota. 1712 V. The Legislative Process. 1716 VI. Aftermath. 1720 |
2016 |
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Ftc Issues Long-awaited Native Advertising Guidance |
21 No.1 Cyberspace Lawyer NL 3 (January/February 2016) |
On December 22, 2015, the Federal Trade Commission (FTC or Commission) issued long-awaited guidance on native advertisingcommercial content designed with the look and feel of editorial contentand published its Enforcement Policy Statement on Deceptively Formatted Advertisements[ ] (Policy Statement) and its Native Advertising: Guide for... |
2016 |