| Author | Title | Citation | Summary | Year |
| 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 |
| Elizabeth Ann Kronk Warner |
Indigenous Adaptation in the Face of Climate Change |
21 Journal of Environmental and Sustainability Law 129 (Fall, 2015) |
The impacts of climate change are now clear. Within the United States, localities and regions are increasingly considering adaptation strategies in the face of the negative impacts of climate change. Adaptation efforts are most critical at the local level. Because uncertainty remains as to how exactly climate change may impact a particular... |
2015 |
| Alexia Herwig |
Indigenous Interests and the Chapeau of Article Xx: Equality of What? |
108 AJIL Unbound 300 (March, 2014-July, 2015) |
My analysis focuses on a limited aspect of the Appellate Body's (AB) EC--Seal Products decision under the chapeau of Article XX of the General Agreement on Tariffs and Trade (GATT). It is revelatory for the kind of discrimination at issue under the chapeau in surprising ways. The general exceptions in Article XX serve to justify measures infringing... |
2015 |
| Rebecca Tsosie |
Indigenous Peoples and the Ethics of Remediation: Redressing the Legacy of Radioactive Contamination for Native Peoples and Native Lands |
13 Santa Clara Journal of International Law 203 (2015) |
Most readers probably paid little attention to the small entry in a local New Mexico newspaper on December 28, 2013: Uranium project on Navajo Nation gets green light. According to the article, Navajo lawmakers voted to grant a mining company permission to operate a demonstration uranium recovery project on lands within the Church Rock chapter... |
2015 |
| C. Joseph Genetin-Pilawa, Illinois College |
Jon Blackman, Oklahoma's Indian New Deal, Norman: University of Oklahoma Press, 2013. Pp. 225. $24.95 Paper (Isbn 978-0806143514). Doi:10.1017/s0738248014000716 |
33 Law and History Review 255 (February, 2015) |
In Oklahoma's Indian New Deal, independent historian Jon Blackman argues that the Oklahoma Indian Welfare Act of 1936 (OIWA) provides an important and underinvestigated chapter in understanding Commissioner of Indian Affairs, John Collier's reform efforts and the broader Indian New Deal, as well as political and economic developments among Native... |
2015 |
| Rebecca Tsosie |
Just Governance or Just War?: Native Artists, Cultural Production, and the Challenge of "Super-diversity" |
6 Cybaris an Intellectual Property Law Review 56 (Summer, 2015) |
I. Introduction. 58 II. Colonialism, Cultural Imagery, and Native Peoples. 68 III. National Identity, Tribal Identity, and Identity Harm. 73 A. Stereotyping and Identity Harm. 75 B. Native American Mascots and Identity Harm. 80 IV. Cultural Production and the Rights of Native Artists. 85 A. The Historic Framing of Art as Cultural Production. 86 B.... |
2015 |
| Elizabeth Ann Kronk Warner |
Justice Brandeis and Indian Country: Lessons from the Tribal Environmental Laboratory |
47 Arizona State Law Journal 857 (Fall 2015) |
Justice Brandeis first famously wrote of a system of federalism where states would serve as laboratories of regulatory experimentation, allowing other states and the federal government to benefit from successful regulatory experiments. Although likely beyond the contemplation of Brandeis, tribes, as separate sovereigns existing within the United... |
2015 |
| Jazmin Chavez, staff writer |
Land Rights: Preserving Brazilian Indians' Traditional Ways of Life |
22 No.2 Human Rights Brief 11 (Fall, 2015) |
It is common knowledge that Brazil is the largest, most populated country in Latin America. It is less common knowledge, however, that Brazil's indigenous population is currently facing a number of critical issues that threaten the future of its people. Even during the first-ever World Indigenous Games--which was recently held in October 2015 to... |
2015 |
| Breann Nu'uhiwa |
Language Is Never about Language: Eliminating Language Bias in Federal Education Law to Further Indigenous Rights |
37 University of Hawaii Law Review 381 (Spring, 2015) |
Language is power, life and the instrument of culture, the instrument of domination and liberation. -Angela Carter Before infants utter their first words or learn to assign meaning to speech, they develop preferences for those who speak their native languages in native accents. As children move into the preschool environment, language differences... |
2015 |
| Samantha K. Nikic |
Liberté, Égalité, Fraternité?: the United Nations Declaration of the Rights of Indigenous Peoples Fails to Protect Hopi Katsinam from the Auction Block in France |
41 Brooklyn Journal of International Law 407 (2015) |
The shouts of a woman protesting over a room of applause for the $210,000 USD sale of a Native American headdress at French auction house Néret-Minet Tessier & Sarrou in April 2013 have gone unnoticed. Unlike the underwhelming concern of auction houses and courts in France that have allowed the sales of Native American sacred property,... |
2015 |
| |
Lost and Never Found: the Plight of Canada's Indigenous Women |
22 No.1 Human Rights Brief Brief 9 (Spring, 2015) |
On December 21, 2014, the Inter-American Commission on Human Rights (IACHR) released a report concerning the plight of indigenous women in Canada, whom it claims face violence at a rate four times greater than nonindigenous women. The report elaborates on what the IACHR calls a pattern of violence and discrimination against indigenous women in the... |
2015 |
| Nicholas Dorf |
Making an Offer They Can't Refuse: Corporate Investment in Africa and the Divestment of Indigenous Land Rights |
38 Boston College International and Comparative Law Review 65 (Winter, 2015) |
International investment in African land is booming. In many circumstances, investors target land occupied by indigenous populations without official title. National laws providing protection for the land rights of these indigenous populations have proved rare and ineffective due to the driving need for investment and the perceived... |
2015 |
| Laura M. Seelau , Ryan Seelau |
Making Indigenous Self-determination Work: What the Nation Building Principles and Three Case Studies from Chile Teach Us about Implementing Indigenous Human Rights |
39 American Indian Law Review 137 (2014-2015) |
Self-determination is the only policy proven to benefit both Indigenous peoples and the nation-states in which they live. The right of self-determination is valuable for Indigenous peoples because it allows them to envision their own futures, set their own goals, and make decisions necessary to transform those visions and goals into realities. In... |
2015 |
| Troy A. Eid |
Making Native America Safer and More Just for All Americans |
40-MAY Human Rights Rts. 7 (May, 2015) |
These are momentous times for America's 567 federally recognized Indian tribes thanks to two recently enacted criminal justice reforms, the Tribal Law and Order Act of 2010 (TLOA) and the Violence Against Women Act Amendments of 2013 (VAWA Amendments). The effect of these two statutes is to make federal officials more accountable to Native American... |
2015 |
| Sandeep Gopalan , Akshaya Kamalnath |
Mandatory Corporate Social Responsibility as a Vehicle for Reducing Inequality: an Indian Solution for Piketty and the Millennials |
10 Northwestern Journal of Law & Social Policy 34 (Spring, 2015) |
Introduction. 36 I. The Judicial Transition: from Shareholder Centricity to Stakeholder Consideration. 46 A. The Early Years. 46 B. The Satyam Scam. 51 C. Recent Judicial Recognition of Corporate Social Responsibility. 53 II. The Legislative and Executive History: Movement Towards Corporate Social Responsibility. 56 A. First Steps Towards Social... |
2015 |
| William Boulware, Chicago-Kent College of Law |
MARK EDWIN MILLER, CLAIMING TRIBAL IDENTITY: THE FIVE TRIBES AND THE POLITICS OF FEDERAL ACKNOWLEDGMENT, OKLAHOMA: UNIVERSITY OF OKLAHOMA PRESS, 2013. PP. 490. $29.95 PAPER (ISBN-10: 0806143789) DOI: 10.1017/S0738248015000371 |
33 Law and History Review 761 (August, 2015) |
Who is an Indian? and What is a Tribe? are questions that the United States government has treated as problematic. These two questions have had a profound effect on people and communities having and claiming Indian ancestry. The resolution that the federal government pursued to accommodate colonial settlers, redress politicians, and appease... |
2015 |
| by Barbara L. Jones, Minnesota Lawyer, Minneapolis, MN |
Menominee Indian Tribe of Wisconsin |
43 No.3 Preview of United States Supreme Court Cases 111 (11/30/2015) |
The petitioner is the Menominee Indian Tribe of Wisconsin, a federally recognized Indian tribe. It claims that the federal government has breached its obligations under the Indian Self-Determination and Education Assistance Act, 25 U.S.C. § 450 et seq., (ISDA), by not fully funding tribal support costs under the ISDA. The liability of the federal... |
2015 |
| Peter Erlinder |
Minnesota V. Mille Lacs Band of Chippewa: 19 Century U.s. Treaty-guaranteed Usufructuary Property Rights, the Foundation for 21 Century Indigenous Sovereignty |
33 Law & Inequality: A Journal of Theory and Practice 143 (Winter, 2015) |
C1-2Table of Contents Introduction. 145 I. Background to the Restoration of Chippewa Treaty-Guaranteed Usufructuary Property Rights in Northern Minnesota. 151 A. The Late 20 Century Grassroots Activism: The Rule of Law Returns After 160 Years of Systemic Usufructuary Property Theft. 153 B. Usufructuary Property in Sovereign Objibwe Territory: The... |
2015 |
| Mary Smith |
Native American Attorneys Systematically Excluded in the Legal Profession |
40-MAY Human Rights 14 (May, 2015) |
This year marks the 40th anniversary of the Indian Self-Determination and Education Assistance Act of 1975, which allowed tribes more control over administering federal programs. Enacted in a new era of self-determination for Indian tribes, the Act signaled new promise and hope for Native Americans in the United States. With more opportunities for... |
2015 |
| Celeste Wilson |
Native Americans and Free Exercise Claims: a Pattern of Inconsistent Application of First Amendment Rights and Insufficient Legislation for Natives Seeking Freedom in Religious Practice |
2015 the crit: a Critical Studies Journal J. 1 (2015) |
C1-3Table of Contents L1-2Introduction . R32. I. Dominant, Majoritarian Religions and Native American Religions: A Brief History of the Religious Differences between early Christianized Americans and Natives. 4 II. Legal Precedent: Constitutional and Statutory Laws Addressing Native American Free Exercise. 6 A. The First Amendment to the United... |
2015 |
| Melinda Smith |
Native Americans and the Legalization of Marijuana: Can the Tribes Turn Another Addiction into Affluence? |
39 American Indian Law Review 507 (2014-2015) |
For decades, Congress has enacted legislation without a fleeting thought of the impact it will have on Native Americans. Today is no different. Federal decriminalization of marijuana, with the apparent end-goal of federal taxation of marijuana, is on the horizon. The multi-billion dollar industry is not only home to large corporate interests, it... |
2015 |
| |
Native Hawaiian Legal Corporation |
19-JAN Hawaii Bar Journal 24 (January, 2015) |
HBJ: What is your educational background and how did you come to be here at the Native Hawaiian Legal Corporation? Moses Haia: I received a Bachelor of Arts degree in political science from the University of Hawai'i at Manoa in 1989 and a law degree from the William S. Richardson School of Law in 1994. I joined the Native Hawaiian Legal... |
2015 |
| Justin Hunter |
Native Title in Australia and South Africa: a Search for Something That Lasts |
22 University of Miami International and Comparative Law Review 233 (Spring, 2015) |
I. Introduction. 233 A. Australia. 234 B. South Africa. 235 II. Part I: The History and Status of Indigenous Land Rights in Australia and South Africa. 236 A. Australia. 236 B. South Africa. 244 i. Colonial and Apartheid Periods. 244 ii. Post-Apartheid Period. 247 III. Part II: The Next Steps for Australia and South Africa to Provide Better... |
2015 |
| Starla Kay Roels, Esq. , Liz Malerba , Hobbs, Straus, Dean & Walker, LLP, Portland, OR, United South and Eastern Tribes, Inc., Washington, DC |
New Opportunities for Innovative Healthcare Partnerships with Indian Tribes and Tribal Organizations |
28 No.1 Health Lawyer 25 (October, 2015) |
There has long been a crisis in inadequate funding and availability of healthcare services affecting Native Americans within the federal Indian Healthcare system. The Indian Health Service and the Indian tribes and tribal organizations (T/TOs) who are providing services under the Indian Self-Determination and Education Assistance Act continue to... |
2015 |
| Jessica A. Shoemaker |
No Sticks in My Bundle: Rethinking the Indian Land Tenure Problem |
63 University of Kansas Law Review 383 (January, 2015) |
[T]hey were convinced that private property by itself would transform the Indians. American Indian land tenure has long been the target of federal policies seeking to change, through property law reforms, indigenous peoples' relationships to each other, to the land and natural environment, and to surrounding non-Indian influences. Many of these... |
2015 |
| M. Alexander Pearl |
Paint Chip Indians |
9 Unbound: Harvard Journal of the Legal Left 62 (2015) |
Greetings, non-Indian people! Once again, us tribal people (or Native Americans as our politically progressive white defenders demand we be called) must clear the air about the representations of Indians in popular media and mainstream culture. We must confront an age-old nemesis for the umpteenth time. Colonialism? Broken treaty promises?... |
2015 |
| James Ptacek (moderator) , Margaret Johnson, Nicole Matthews, Hillary Potter |
Panel on Intersections of Gender, Economic, Racial, and Indigenous (In) Justice |
5 University of Miami Race & Social Justice Law Review 357 (Summer, 2015) |
MATTHEWS: Hello everyone, my name is Nicole Matthews. I am Ojibwe from the White Earth Reservation in Northern Minnesota. I come to this work not as an academic but as an activist, as a woman who has both experienced violence and seen violence in my home, who has many female relatives who have experienced violence. I also come from a grandfather... |
2015 |
| |
Part Vi Contemporary Law, Policy and Practice in an Indigenous Peoples Context |
41 IUS Gentium 722 (2015) |
This brief Part, of one chapter, explores customary adoption as practised for centuries by indigenous people on many different continents and offers a very different perspective from which to view contemporary law, policy and practice. The singular characteristics of their experience--including transparency, maintenance of ties between adoptee and... |
2015 |
| Rebecca M. Mitchell |
People of the Outside: the Environmental Impact of Federal Recognition of American Indian Nations |
42 Boston College Environmental Affairs Law Review 507 (2015) |
American Indians interact with land and the environment in a manner that is distinct from non-native peoples. They view natural resources as an integral part of their way of life. As a result, Indian tribes desire to implement policies and programs that will protect their natural resources. In order to receive federal assistance for these... |
2015 |
| Wilson Melbostad, staff writer |
Philippines: Un Experts Call for Probe into Killings of Indigenous Rights Defenders |
22 No.2 Human Rights Brief 17 (Fall, 2015) |
The United Nations Special Rapporteur on the Rights of Indigenous Peoples, Victoria Tauli-Corpuz, and the United Nations Special Rapporteur on the Situation of Human Rights Defenders, Michael Forst, urged the Philippine Government to launch a full and independent inquiry into the killings of three human rights defenders in Surigao del Sur on the... |
2015 |
| Cody McBride |
PLACING A LIMITING PRINCIPLE ON FEDERAL MONETARY INFLUENCE OF TRIBES |
103 California Law Review 387 (April, 2015) |
American Indian tribes are strange sovereigns. Though subject to the ultimate sovereignty of the United States in many ways, tribes retain powers that have not been explicitly divested by federal statute or treaty, or implicitly divested by restraints of tribes' protectorate relationship with the United States. Defining tribal membership is one... |
2015 |
| Joseph P. Brewer II , Elizabeth Ann Kronk Warner |
Protecting Indigenous Knowledge in the Age of Climate Change |
27 Georgetown International Environmental Law Review 585 (Summer, 2015) |
Indigenous knowledge has the potential to ameliorate the destructive impacts of climate change. Given their enduring connection to place, indigenous communities are the subjects of research efforts to study and acquire their traditional knowledge for its value to addressing climate change. Yet, because outsiders have exploited this traditional... |
2015 |
| Gray O'Dwyer |
Protecting Sacred Ground: the San Manuel Ruling and Implications for Indian Cultural Resource Preservation |
18 University of the District of Columbia Law Review 302 (Spring, 2015) |
Six hundred years ago, all land in America was Indian land. Then, [Europe] conducted some of her adventurous sons into this western world . and discovery gave title . [which] could be consummated by possession. This doctrine of discovery, agreed upon between colonial powers, essentially granted title to anyone who could occupy American soil.... |
2015 |
| Tina Kawatu |
Reaction to "Born Native, Raised White: the Divide Between Federal and Tribal Jurisdiction with Extra-tribal Native American Adoption" |
7 Georgetown Journal of Law & Modern Critical Race Perspectives 267 (Fall, 2015) |
Christina Lewis explores the implications of the Indian Child Welfare Act, passed by Congress in 1976. Congress passed the act as a result of a rise in the number of Indian children being removed from their homes and into foster care with white families. The general purpose of the Indian Child Welfare Act is to preserve Indian family bloodlines and... |
2015 |
| Ali Raymond |
Reaction to "Conceptualizing Corporations as Native Administrative Units" |
7 Georgetown Journal of Law & Modern Critical Race Perspectives 315 (Fall, 2015) |
In her note, Conceptualizing Corporations as Native Administrative Units, Catherine Polta focuses on the concept of tribal immunity. Specifically, she explores this issue in relation to a recent decision by the Supreme Court of Alaska, Runyon v. Ass'n of Village Council Presidents. In this decision, the court espoused narrow legal criteria to... |
2015 |
| Jonathan Goldsmith |
Reaction to "Conceptualizing Corporations as Native Administrative Units" |
7 Georgetown Journal of Law & Modern Critical Race Perspectives 317 (Fall, 2015) |
In Conceptualizing Corporations as Native Administrative Units, Catherine Polta sheds light on the continued marginalization of Native American tribes by examining the effect of the Alaska Supreme Court's ruling in Runyon v. Association of Village Council Presidents. This note provides excellent context for the decision, showing how the court... |
2015 |
| Rita Hazlett |
Reaction To: British Imperialism, the Indian Independence Movement, and the Racial Eligibility Requirements in the Naturalization Act: United States V. Thind Revisited |
7 Georgetown Journal of Law & Modern Critical Race Perspectives 43 (Spring, 2015) |
Coulson's article focuses on an important subject. As he states in the article, Thind is a case that helped define race relations in the United States even as the outcome was partially dictated by the existing policy of segregation. Thind reflects the idea that rather than living in a world of black and white, in the United States, Americans live... |
2015 |
| Julie H. Hwang |
Reaction To: the Recognition of Indigenous Peoples' Land: Application of the Customary Land Rights Model on the Arab-bedouin Case in Israel |
7 Georgetown Journal of Law & Modern Critical Race Perspectives 69 (Spring, 2015) |
Morad Elsana addresses the possibility of Bedouin land rights recognition in the Israeli judicial system by adopting the native title doctrine from the Mabo (No. 2) decision. Although this is a novel approach, I think the author fails to address two issues: (1) the strength of the native title doctrine as a source of customary international law... |
2015 |
| Brandon R. Einstein |
Reading Between the Lines: the Rise of Native Advertising and the Ftc's Inability to Regulate it |
10 Brooklyn Journal of Corporate, Financial & Commercial Law 225 (Fall, 2015) |
A new marketing phenomenon--known as native advertising--has recently taken the media industry by storm. This new form of advertisement provides a lucrative and highly effective marketing platform by way of consumer deception. Native advertisement achieves this deception by seamlessly integrating advertisements (ads) into a website that mimic the ... |
2015 |
| Raymond Cross |
Reconsidering the Original Founding of Indian and Non-indian America: Why a Second American Founding Based on Principles of Deep Diversity Is Needed |
36 Public Land & Resources Law Review 173 (2015) |
Introduction. 176 A. The Twin Founding of Indian and Non-Indian America. 176 B. Why Chief Justice John Marshall Excluded Indian Peoples from the Future Civic Life of the American Republic. 178 C. Can Real and Artificial Political Communities Speak To One Another?. 179 D. How the Indian Peoples May Re-Negotiate Their Compact with the Non-Indian... |
2015 |
| Philomena Kebec |
Redd+: Climate Justice or a New Face of Manifest Destiny? Lessons Drawn from the Indigenous Struggle to Resist Colonization of Ojibwe Forests in the Nineteenth and Twentieth Centuries |
41 William Mitchell Law Review 552 (2015) |
I. Introduction. 552 II. Indigenous Peoples and REDD+ Policymakers Must Address How REDD+ Will Affect the Human Rights of Indigenous Peoples. 554 III. Ojibwe Resistance To Takeovers of Land, Territories, and Natural Resources. 560 A. The Ojibwe Treaties of 1837, 1842, and 1854 and the Reservation of Rights to Use Natural Resources. 561 B.... |
2015 |
| Tamara Céline Winegust , Noelle Engle-Hardy , Susan J. Keri |
Redskins, Eskimos, and Indians: the Canadian Approach to Disparaging Trademarks |
105 The Trademark Reporter 938 (July-August, 2015) |
In Pro-Football, Inc. v. Amanda Blackhorse (the REDSKINS decision), the U.S. District Court for the Eastern District of Virginia upheld an earlier decision of the Trademark Trial and Appeal Board of the United States Patent and Trademark Office (USPTO) canceling six trademark registrations containing the term REDSKINS on the basis that they may... |
2015 |
| S. James Anaya |
Report of the Special Rapporteur on the Rights of Indigenous Peoples on Extractive Industries and Indigenous Peoples |
32 Arizona Journal of International and Comparative Law 109 (Symposium, 2015) |
C1-2Table of Contents 110 I. Introduction. 110 II. A PREFERRED MODEL: RESOURCE EXTRACTION AND DEVELOPMENT THROUGH INDIGENOUS PEOPLES' OWN INITIATIVES AND ENTERPRISES. 113 A. Natural resource extraction and development by indigenous peoples as an exercise of their self-determination and related rights. 113 B. State support and preference... |
2015 |
| S. James Anaya |
Report of the Special Rapporteur on the Rights of Indigenous Peoples on the Situation of Indigenous Peoples in Canada |
32 Arizona Journal of International and Comparative Law 143 (Symposium, 2015) |
C1-2Table of Contents 143 I. Introduction. 144 II. Background and context. 144 III. Legal, institutional and policy framework. 146 IV. Principal human rights concerns. 147 A. Social and economic conditions. 148 1. Education. 149 2. Housing. 150 3. Health and well-being. 152 B. Administration of justice. 153 1. Overrepresentation in the... |
2015 |
| S. James Anaya |
Report of the Special Rapporteur on the Rights of Indigenous Peoples on the Situation of Indigenous Peoples in the Republic of the Congo |
32 Arizona Journal of International and Comparative Law 27 (Symposium, 2015) |
C1-3Table of Contents L1-2Summary L327 I. Introduction. 28 II. Indigenous peoples of Congo and their situation of extreme disadvantage. 29 A. Groups identified as indigenous (autochtone) in Congo. 29 B. Discrimination and marginalization. 30 C. Labour exploitation. 31 D. Poverty. 32 E. Education. 33 F. Health services. 34 G. Civil status. 35 H.... |
2015 |
| S. James Anaya |
Report of the Special Rapporteur on the Rights of Indigenous Peoples on the Situation of Indigenous Peoples in the United States of America |
32 Arizona Journal of International and Comparative Law 51 (Symposium, 2015) |
C1-2Table of Contents 52 I. The indigenous peoples of the United States. 53 A. The diverse indigenous nations, tribes and communities. 53 B. The contributions of indigenous peoples to the broader society, despite negative stereotypes. 54 II. United States law and policy regarding indigenous peoples. 55 A. The basic framework. 55 B. The... |
2015 |
| S. James Anaya |
Report of the Special Rapporteur on the Rights of Indigenous Peoples on the Situation of Maori People in New Zealand |
32 Arizona Journal of International and Comparative Law L. 1 (Symposium, 2015) |
C1-2Table of Contents 2 I. Introduction. 3 II. Maori people. 4 III. The Treaty of Waitangi. 4 A. Background. 4 B. Opportunity for real partnership. 5 1. Maori participation in political decision-making. 5 2. Consultation with Maori in decisions that affect them. 7 C. Remedies for breaches of the Treaty of Waitangi. 9 1. The Waitangi... |
2015 |
| Judith V. Royster |
Revisiting Montana: Indian Treaty Rights and Tribal Authority over Nonmembers on Trust Lands |
57 Arizona Law Review 889 (2015) |
In a series of cases beginning with its 1981 decision in Montana v. United States, the U.S. Supreme Court has diminished the civil authority of Indian tribal governments over nonmembers within the tribes' territories. Initially, the Court confined itself to hobbling tribes' inherent sovereign authority over non-tribal members only on non-Indian... |
2015 |
| Jeffrey J. Wechsler , Shareholder, Montgomery & Andrews |
Rights of Way on Tribal Lands, Tribal Water Rights Issues, and Environmental Regulation in Indian Country |
2015 Aspatore 9194950 (November, 2015) |
In my practice, I represent utilities, energy companies, and other business in Indian country. A tribal government has significant authority over natural resources and environmental protection within its boundaries, and the overlap with federal and state agencies presents a unique legal and regulatory environment. This chapter discusses three areas... |
2015 |
| Ji Hun Kim , Christopher S. Koenig , Willkie Farr & Gallagher LLP; New York, Willkie Farr & Gallagher LLP; New York |
Rolling the Dice on Debtor Eligibility |
34-JUN American Bankruptcy Institute Journal 18 (June, 2015) |
Native American law is a complex blend of American history, federal law, treaties with Native American tribes and certain principles of international law. In turn, Native American tribes are a unique form of government in the U.S.: They enjoy local self-governance by applying tribal law on many issues, but are subject to federal law on certain... |
2015 |