AuthorTitleCitationSummaryYear
Gonzalo E. Mon Ftc Seeks to Sharpen Blurred Lines with Guidance on Native Advertising 32-WTR Communications Lawyer Law. 4 (Winter, 2016) Howard Luck Gossage (1917--1969) once observed that nobody reads ads. Instead, people read what interests them, and sometimes it's an ad. If that was true in the era of Mad Men, it's certainly true today in the era of DVRs, spam filters, and ad blockers. With so many options for consumers to avoid ads, advertisers have been forced to come up... 2016
Allison S. Ercolano GAMBLING WITH EQUAL PROTECTION: CONNECTICUT'S EXPLOITATION OF MANCARI AND THE TRIBAL GAMING FRAMEWORK 48 Connecticut Law Review 1269 (May, 2016) Recent legislation passed in Connecticut grants two Indian tribes an exclusive right to pursue development of the state's third casino. On one hand, financial benefits stemming from casinos enhance tribal self-sufficiency, foster tribal wealth, and provide an economic benefit to the state. On the other hand, legislation that allows for these... 2016
Cristen R. Hintze GOING "ALL-IN" AGAINST THE NLRB: HOW TRIBAL SELF-GOVERNMENT LOST ON THE RIVER IN THE SIXTH CIRCUIT [SOARING EAGLE CASINO & RESORT V. NLRB, 791 F.3D 648 (6TH CIR. 2015)] 55 Washburn Law Journal 529 (Spring, 2016) Indigenous rights are never freely given--they must be demanded, wrested away, then vigilantly protected. That is the essence of freedom. - Walter Echo-Hawk, Pawnee For nearly three decades, the National Labor Relations Board (NLRB or the Board) declined to exercise jurisdiction over commercial enterprises owned by tribal governing councils,... 2016
Judith Kimerling Habitat as Human Rights: Indigenous Huaorani in the Amazon Rainforest, Oil, and Ome Yasuni 40 Vermont Law Review 445 (Spring, 2016) Introduction. 445 I. Human Rights and the Environment. 446 II. The Huaorani, Chevron, and Yasuni. 450 A. When the Civilization and First Oil Company Arrived. 450 B. Petroleum Policy in Ecuador. 456 C. Amazon Policy in Ecuador. 458 D. Environmental Law and Impacts of Texaco's Operations in Ecuador. 463 E. Litigation in Texaco's Homeland. 469 F.... 2016
Alan Stay Habitat Protection and Native American Treaty Fishing in the Northwest 63-NOV Federal Lawyer 20 (October/November, 2016) In 1854, several Native American tribes occupied and sustained their lives and livelihood from lands and waters within in what is now the Northwestern portion of the United States. Fisheries, while occurring throughout their territories, were centered on the Columbia River, Puget Sound, the rivers and waters flowing into Puget Sound, and the ocean... 2016
Ajay Bhaskarabhatla, Chirantan Chatterjee, Bas Karreman, Erasmus School of Economics, Indian Institute of Management Bangalore, Erasmus School of Economics Hit Where it Hurts: Cartel Policing Using Targeted Sales and Supply Embargoes 59 Journal of Law & Economics 805 (November, 2016) In this paper, we examine an asymmetric-punishment strategy that a large and newly identified cartel of retailers uses to police its upstream suppliers and members. The cartel punishes suppliers who violate vertical restraints and members who defect in the key regional or product market where it hurts them the most. The cartel organizes sales... 2016
Sara Movahed Hope for the Hopi in a Post-hobby Lobby World: the Supreme Court's Recent Interpretation of Rfra and Strengthening Native Americans' Religious-based Land Rights Claims 31 Maryland Journal of International Law 244 (2016) Among the diverse array of Native American traditions, a unifying thread is the recognition that humans and our natural world are interdependent. This recognition extends beyond a mere superficial connection. It embodies a rich, deeply held belief that the physical and spiritual realms can unite in certain natural phenomena or locations. The fact... 2016
Jennifer Hendry , Melissa L. Tatum Human Rights, Indigenous Peoples, and the Pursuit of Justice 34 Yale Law and Policy Review 351 (Spring 2016) Introduction. 352 I. The Rights-Based Approach and Indigenous Alternatives. 354 A. The Functioning, Origins, and Critique of the Rights-Based Approach. 355 B. Indigenous Alternatives. 360 II. Failures of the Right-Based Approach. 364 A. Conflicts Between Sovereign Governments. 365 B. Disputes over Regulatory Issues. 368 C. Individual Claims. 370 D.... 2016
Maggie Logan Human Trafficking among Native Americans: How Jurisdictional and Statutory Complexities Present Barriers to Combating Modern-day Slavery 40 American Indian Law Review 293 (2015-2016) It is undeniable that human trafficking is a global enterprise that transcends all racial and geographic boundaries. [H]uman trafficking is the second largest criminal industry in the world and [it] is easily the fastest-growing. While much of the focus on human trafficking centers on its global effect, little attention is given to the rampant... 2016
Gregory D. Smith Icwa Adoptions an Indian Child Welfare Act Primer 5 Accord, A Legal Journal for Practitioners 81 (Spring, 2016) My. introduction to the Indian Child Welfare Act (ICWA) occurred in 1993 because of criminal charges being brought against Aaron V. Yelloweyes and his wife, Millie Rose Yelloweyes, both registered members of the Sioux Indian Nation, for. the first-degree murder of three-year-old Jeremiah Bringsplenty. The tragic scenario unfolded when Jeremiah's... 2016
Sherally Munshi Immigration, Imperialism, and the Legacies of Indian Exclusion 28 Yale Journal of Law & the Humanities 51 (Winter, 2016) In April of 1914, a few hundred men and women in Calcutta boarded a ship bound for Vancouver, though British Canada had recently enacted a law that would prevent the ship's passengers from landing. As the ship, the Komagata Maru, steamed its way across the Pacific, officials in Vancouver braced themselves for its arrival. For Canadian officials,... 2016
Cindy Campbell Implementing a Greener Redd+ in Black & White: Preserving Wounaan Lands and Culture in Panama with Indigenous-sensitive Modifications to Redd+ 40 American Indian Law Review 193 (2015-2016) Introduction. 194 I. The Effort to Preserve Wounaan Lands Before REDD+ Implementation. 197 A. The Wounaan Tribe of Darien, Panama. 198 B. REDD+ Solutions and REDD+ Problems. 201 1. The History of REDD+. 201 2. UN-REDD+ Implementation in Panama. 207 II. Existing Indigenous Protections Available to the Wounaan. 211 A. International Indigenous... 2016
Caroline M. Turner Implementing and Defending the Indian Child Welfare Act Through Revised State Requirements 49 Columbia Journal of Law and Social Problems 501 (Summer, 2016) The Indian Child Welfare Act, enacted in 1978, was designed to protect Indian children and enhance the stability of Indian tribes and families. It sets forth minimum federal standards applicable in proceedings involving the termination of parental rights, pre-adoption placement, and adoption placement. From its inception, there has been resistance... 2016
  Indian Law 43 No.8 Preview of United States Supreme Court Cases 328 (8/1/2016) Overview: Members of the Omaha Tribe occupy reservation land in Nebraska. In 1882, certain property on the reservation was opened to settlement by non-Indian settlers; since then, the land has been governed by the state of Nebraska. Litigation ensued after the Tribe imposed a liquor tax in the disputed area of the reservation. Individuals living in... 2016
William Wood Indians, Tribes, and (Federal) Jurisdiction 65 University of Kansas Law Review 415 (December, 2016) Land, and controlling what happens on it and the revenues from it, has always been the focal point of relations between Indigenous peoples and non-Natives in North America. Today, as many Indian tribes rebuild their land bases after centuries of dispossession, with the result that state and local governments generally lose jurisdiction over the... 2016
William Wood INDIANS, TRIBES, AND (FEDERAL) JURISDICTION 65 University of Kansas Law Review 415 (December, 2016) Land, and controlling what happens on it and the revenues from it, has always been the focal point of relations between Indigenous peoples and non-Natives in North America. Today, as many Indian tribes rebuild their land bases after centuries of dispossession, with the result that state and local governments generally lose jurisdiction over the... 2016
Fiona McCormack, University of Waikato Indigenous Claims: Hearings, Settlements, and Neoliberal Silencing 39 PoLAR: Political and Legal Anthropology Review 226 (November, 2016) This article investigates the double-edged potentiality of the Waitangi Tribunal, an indigenous claims forum in New Zealand, and combines an ethnographic background to a recent claim with an anthropological interpretation of the meanings and outcomes of this encounter. I suggest that the legal justice framework of the claims proceedings and the... 2016
Nicholas Kaldawi Indigenous Health Policy in the United States and Latin America: the Marshall Trilogy and the International Human Rights Approach 33 Arizona Journal of International and Comparative Law 481 (2016) C1-2Table of Contents I. Introduction. 482 A. The State of Indigenous Peoples' Health Today. 482 1. Why Latin America as a Basis for Comparison?. 484 II. The Marshall Trilogy in the United States. 485 A. Native American Health Prior to 1961. 485 B. The Marshall Model and Health in the Self-Determination Era. 488 III. Right to Healthcare and the... 2016
Rebecca Tsosie Indigenous Identity and Sports Mascots: the Battlefield of Cultural Production 63-MAR Federal Lawyer Law. 9 (March, 2016) On Jan. 1, 2017, California's Racial Mascots Act will go into effect, making the state the first in the country to impose a law precluding any public school from using the term redskins for school or athletic team names, mascots, or nicknames. California's law is a historic milestone because it classifies the term as racially derogatory and... 2016
Rebecca Tsosie Indigenous Identity, Cultural Harm, and the Politics of Cultural Production: a Commentary on Riley and Carpenter's "Owning Red" 94 Texas Law Review See Also 250 (2016) In Owning Red: A Theory of Indian (Cultural) Appropriation, Professors Angela Riley and Kristen Carpenter explore the contested nature of cultural appropriation in the context of recent controversies involving American Indian claims to ownership or control of tangible and intangible resources. Drawing on Federal Indian law and its history and... 2016
Anna Saraie Indigenous Interpretations of the Right to Education Incorporating Gandhi's Visionary Philosophy to Educational Reform 30 Emory International Law Review 501 (2016) Since the 1940s, there has been a growing movement for the promotion of education. There is now an obligation in the international community to ensure that every child has the resources to exercise his or her right to education. Two problems have emerged from this obligation. First, international agreements define the right to education ambiguously... 2016
Péter Kovács Indigenous Issues under the European Convention of Human Rights, Reflected in an Inter-american Mirror 48 George Washington International Law Review 781 (2016) It is an honor to have been invited to participate in the Symposium on the Identity and Future of Human Rights and to pay tribute to Professor Dinah Shelton's longstanding contributions in the field of human rights and environmental protection. In 1984, Professor Shelton taught at a session of the International Institute of Human Rights in... 2016
Ibironke T. Odumosu-Ayanu Indigenous Peoples, International Law, and Extractive Industry Contracts 109 AJIL Unbound 220 (July, 2015-May, 2016) The extractive industry has contributed to the development of international law since colonial times. Contracts between states and extractive companies largely drive this global industry. This essay situates extractive industry contracts involving Indigenous peoples, long term actors who have significantly informed the development of international... 2016
Dwight Newman Indigenous Title and its Contextual Economic Implications: Lessons for International Law from Canada's Tsilhqot'in Decision 109 AJIL Unbound 215 (July, 2015-May, 2016) International law on the rights of Indigenous peoples has developed rapidly in recent decades. In the latest phase of this development, international instruments on the rights of Indigenous peoples have increasingly offered universalized statements. However, the reality remains that the implementation of Indigenous rights must take place in... 2016
Naomi Palosaari Intellectual Property Rights and Informed Consent in American Indian Communities: Legal and Ethical Issues 41 American Indian Law Review 125 (2016) Linguistic and anthropological research can provide great benefits to native communities in the form of documentation of cultural practices and resources for language preservation and language teaching. But such research can also pose risks of harm, both to social and community structure and in the ways that the research results can be used.... 2016
Nidhi Shetye International Insolvency: an Indian Perspective on Cross-border Treatment of Cases 39 Fordham International Law Journal 1045 (April, 2016) INTRODUCTION. 1046 I. LAWS APPLICABLE TO CROSS-BORDER INSOLVENCY CASES. 1049 A. Overview of the Model Law. 1050 B. Statutes Governing Cross-Border Insolvency in India. 1054 1. Foreign Judgments Under the Code of Civil Procedure, 1908. 1054 2. Winding-Up Procedures under The Companies Act, 1956. 1055 3. Other Laws Assisting the Present Legal... 2016
Dwight Newman Introduction to Symposium on International Indigenous Rights, Financial Decisions, and Local Policy 109 AJIL Unbound 207 (July, 2015-May, 2016) Almost a decade after the 2007 adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) by the UN General Assembly, international law scholarship on Indigenous rights is gradually expanding, with significant new works scheduled to be released in the remaining time before UNDRIP's tenth anniversary. There had been... 2016
Courtney Hodge Is the Indian Child Welfare Act Losing Steam?: Narrowing Non-custodial Parental Rights after Adoptive Couple V. Baby Girl 7 Columbia Journal of Race and Law 191 (2016) In 2013, the United States Supreme Court handed down a decision in Adoptive Couple v. Baby Girl, a decision that will have long-term effects on the use of the Indian Child Welfare Act by non-custodial Native parents. Congress passed the Indian Child Welfare Act in 1978 in response to the high volume of Native children that had been removed from... 2016
Matthew H. Birkhold Judging "Indian Character"? The Supreme Court's Opportunity in Nebraska V. Parker 2016 Wisconsin Law Review Forward 21 (2016) When the English arrived in the New World in the seventeenth century, they viewed the land as empty, unused, and unclaimed--a vacuum domicilium that legally justified their usurpation of the land. Nearly four hundred years later, we have come to appreciate that Native Americans stood in various agricultural, economic, spiritual, and... 2016
Judge Beth A. Gibson Justice in Indian Country 55 No.4 Judges' Journal J. 1 (Fall, 2016) An often forgotten facet of our nation's legal community includes a rich tapestry of tribal courts, all uniquely reflective of their own tribes' rich history and culture. Our authors in this issue share a glimpse into not only the history and culture of Indian Country, but also how it intersects with federal and state law. We start with our... 2016
Laura Choi Law for "Aliens and Strangers": Examining the Foreign Commerce Clause Through the Lens of Indian Commerce Clause Law 69 SMU Law Review 533 (Spring 2016) IN 2004, Larry Bollinger, a Lutheran minister, moved from his home in North Carolina to a community outside Port-au-Prince, Haiti, where he had been hired to oversee a religious ministry known as the Lazarus Project. The Project included a school and a health center that served local communities and was funded by non-Haitian donors who believe[d]... 2016
Siddharth Mohansingh Akali Learning from Suresh Kumar Koushal V. Naz Foundation Through Introspection, Inclusion, and Intersectionality: Suggestions from Within Indian Queer Justice Movements 31 Berkeley Journal of Gender, Law & Justice 121 (Winter, 2016) I. Introduction. 122 A. A Discussion of Terms and Their Usage. 124 B. Roadmap. 126 II. Section 377, Related Constitutional Challenges, and Reactions to Court Cases. 127 A. Overview of Section 377 and Its Interpretation by Indian Courts. 127 B. Case Summaries: Recent Constitutional Challenges Related to Sexual Orientation and Gender Identity. 129 1.... 2016
Rachel Sieder Legal Pluralism and Indigenous Women's Rights in Mexico: the Ambiguities of Recognition 48 New York University Journal of International Law & Politics 1125 (Summer 2016) I. Introduction. 1125 II. Legal Pluralism in Latin America. 1127 III. Recognition of Legal Pluralism in Mexico. 1132 IV. Indigenous Women in the 2001 Constitutional Reform Debates. 1134 V. Subnational Reforms. 1136 VI. Case Studies. 1138 A. Rights to Political Participation: The Case of Eufrasina Cruz Mendoza. 1138 B. Rights to Physical Security:... 2016
Jordan Gross Let the Jury Fit the Crime: Increasing Native American Jury Pool Representation in Federal Judicial Districts with Indian Country Criminal Jurisdiction 77 Montana Law Review 281 (Summer, 2016) The very idea of a jury is that it is a body composed of the peers or equals of the person whose rights it is selected or summoned to determine; that is, of his neighbors, fellows, associates, persons having the same legal status in society as that which he holds. Batson v. Kentucky, 476 U.S. 79, 86 (1986). Federal law allocates jurisdiction to... 2016
Hon. Gustavo A. Gelpí, Dawn Sturdevant Baum Manifest Destiny: a Comparison of the Constitutional Status of Indian Tribes and U.s. Overseas Territories 63-APR Federal Lawyer 38 (April, 2016) Comparing and contrasting the status of U.S. Overseas Territories and Indian tribes bring about profound legal questions. The subject is currently particularly ripe for discussion. On Jan. 15, 2015, the U.S. House of Representatives Natural Resources Committee reorganized Indian, Insular, and Alaska Native Affairs into a single subcommittee,... 2016
  Menominee Indian Tribe of Wisconsin V. United States of America, et Al. (14-510) 63-APR Federal Lawyer 73 (April, 2016) The U.S. Supreme Court will decide whether the D.C. Circuit misapplied the Court's decision in Holland v. Florida when the D.C. Circuit ruled that the statute of limitations was not subject to equitable tolling for the Menominee Indian Tribe of Wisconsin's (the tribe) 1996-98 claims for contract support costs. The tribe argues that despite the D.C.... 2016
Shalanda H. Baker Mexican Energy Reform, Climate Change, and Energy Justice in Indigenous Communities 56 Natural Resources Journal 369 (Summer, 2016) Mexico's recent energy reform portends a new era of private engagement in the oil and gas sectors. According to government officials and industry leaders, the opening of energy reserves for private development will spur economic growth and establish the country as a leader in the energy arena. This article examines whether the reforms could also... 2016
Kevin P. Ray Nagpra and its Limitations: Repatriation of Indigenous Cultural Heritage 15 John Marshall Review of Intellectual Property Law 472 (2016) I. Introduction. 473 II. The Troubled History of Collecting Native American Cultural Items. 473 III. NAGPRA. 475 IV. Kennewick Man and Native American. 476 V. Jim Thorpe--Privileging the Nuclear Family over Tribal Association. 480 A. Whale House Artifacts. 482 VI. Hopi Katsinam Auctions. 484 VII. Conclusion. 485 2016
Greg Victoroff Narrative of My Captivity among the Sioux Indians by Fanny Kelly Wilstach, Baldwin, 1871 $.99 (Kindle), 196 Pages 39-MAY Los Angeles Lawyer 35 (May, 2016) History often presents stories about books that rival those of the books themselves. Fanny Kelly's nonfiction book is a harrowing first-person account of capture, survival, and escape. The reserved and refined Victorian-era voice of Narrative of My Captivity among the Sioux Indians often starkly contrasts with the facts she recounts. Although her... 2016
Lindsey Ratcliff Native American Law Students Association, Natural Resources and Environmental Law Society, and the University of Denver Water Law Review Panel 20 University of Denver Water Law Review 125 (Fall, 2016) On September 27, 2016, the University of Denver Sturm College of Law (DU) hosted a panel discussion about the current legal fight over the Dakota Access Pipeline in North Dakota. The panel addressed legal, historical, social justice, and environmental justice topics related to the dispute. The discussion was co-sponsored by DU's Natural Resources... 2016
Adair Martin Smith Native American Use of Eagle Feathers under the Religious Freedom Restoration Act 84 University of Cincinnati Law Review 575 (2016) The bald eagle is one of the greatest national symbols in the United States of America, and it has become synonymous with words like freedom, justice, and liberty. Accordingly, the United States government has outlawed the possession of both bald and golden eagle feathers in order to protect this treasured animal. One exception to this prohibition... 2016
Monte Mills New Approaches to Energy Development in Indian Country 63-APR Federal Lawyer 50 (April, 2016) The challenging and often conflicting forces of history, precedent, colonization, self-determination, and the federal government's trust responsibility to Indian tribes make for many crossroads within the field of federal Indian law. Scholars and practitioners have struggled with a number of these intersections, including animal law in Indian... 2016
Thomas M. Antkowiak Nicaragua's Canal Initiative Endangers the Rights of Indigenous and Afro-caribbean Communities 47 University of the Pacific Law Review 233 (2016) I. Introduction. 233 II. The Right to Property in the Inter-American Human Rights System. 233 III. Plans for the Canal and Nicaragua's International Legal Obligations. 239 IV. Conclusion. 241 This Essay Examines The Trailblazing Approach To Communal Property In The Inter-american Human Rights System, And Then Applies That Legal Framework To The... 2016
Joel Pruett NOTHING PERSONAL (OR SUBJECT MATTER) ABOUT IT: JURISDICTIONAL RISK AS AN IMPETUS FOR NON-TRIBAL OPT-OUTS FROM TRIBAL ECONOMIES, AND THE NEED FOR ADMINISTRATIVE RESPONSE 40 American Indian Law Review 131 (2015-2016) Tribal civil jurisdiction, as it pertains to non-tribal investors, is too complicated. The current scheme, which has been called an unstable jurisdictional crazy quilt and a procedural and jurisdictional nightmare, damages tribal economies and frustrates Congress's twin goals of [tribal] economic self-sufficiency and political... 2016
Randall S. Abate Ocean Iron Fertilization and Indigenous Peoples' Right to Food: Leveraging International and Domestic Law Protections to Enhance Access to Salmon in the Pacific Northwest 20 UCLA Journal of International Law and Foreign Affairs 45 (Spring, 2016) Ocean iron fertilization (OIF) is a new and controversial climate change mitigation strategy that seeks to increase the carbon-absorbing capacity of ocean waters by depositing significant quantities of iron dust into the marine environment to stimulate the growth of phytoplankton blooms. The photosynthetic processes of these blooms absorb carbon... 2016
Thomas E. Simmons Oklahoma Tax Commission V. United States: Death Taxes on Restricted Indian Personalty 42 ACTEC Law Journal 47 (Spring, 2016) In Oklahoma Tax Commission v. United States, the United States Supreme Court upheld the application of a state inheritance tax to the restricted personalty of deceased tribal members. The case turned on statutory construction. The question: Had Congress withheld from Oklahoma the power to tax Native Americans' estates? Justice Hugo Black, writing... 2016
Eleanor Marie Lawrence Brown On Black South Africans, Black Americans, and Black West Indians: Some Thoughts on We Want What's Ours 114 Michigan Law Review 1037 (April, 2016) We Want What's Ours: Learning from South Africa's Land Restitution Program. By Bernadette Atuahene. Oxford and New York: Oxford University Press. 2014. Pp. viii, 198. $42.50. Most modern constitutions have eminent domain provisions that mandate just compensation for forced deprivations of land and require such deprivations to be for a public use or... 2016
Esmeralda Lopez, Melissa Hastings Overlooked and Unprotected: Central American Indigenous Migrant Women in Mexico 48 New York University Journal of International Law & Politics 1105 (Summer 2016) I. Introduction. 1105 II. Background. 1106 A. Increase in Migration from the Northern Triangle. 1107 B. Indigenous Peoples in the Northern Triangle. 1108 III. Refugee Rights. 1109 A. International Protection. 1109 B. Mexico's Asylum Law. 1111 IV. Legal Pluralism. 1111 A. Indigenous Peoples' Rights in International Law. 1111 B. Mexican Law & The... 2016
Angela R. Riley , Kristen A. Carpenter Owning Red: a Theory of Indian (Cultural) Appropriation 94 Texas Law Review 859 (April, 2016) In a number of recent controversies, from sports teams' use of Indian mascots to the federal government's desecration of sacred sites, American Indians have lodged charges of cultural appropriation or the unauthorized use by members of one group of the cultural expressions and resources of another. While these and other incidents make... 2016
Ellen Goodman , Rick Kurnit , Shelly Paioff , Jeremy Sheff , Po Yi , Felix Wu (Moderator) Panel 2: Native Advertising 34 Cardozo Arts and Entertainment Law Journal 580 (2016) Stella Silverstein: My name is Stella Silverstein and I am the Symposium Editor of AELJ. I'm thrilled that you're here. I'd like to welcome you to our second and final panel of the day, which is going to focus on native advertising law. Our moderator is Felix Wu. He is a Co-director of the IP and Information Law program and a Faculty Director of... 2016
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