| Author | Title | Citation | Summary | Year |
| Ian Vincent McGonigle |
Patenting Nature or Protecting Culture? Ethnopharmacology and Indigenous Intellectual Property Rights |
3 Journal of Law & the Biosciences 217 (April, 2016) |
Ethnopharmacologists are scientists and anthropologists that study indigenous medicines and healing practices, and who often develop new therapies and medicines for wider use. Ethnopharmacologists do fieldwork with indigenous peoples in traditional societies, where they encounter a wide range of cultural values and varying ideas about the nature of... |
2016 |
| Grant Christensen |
Personal Jurisdiction and Tribal Courts after Walden and Bauman: the Inadvertent Impact of Supreme Court Jurisdictional Decisions on Indian Country |
68 Rutgers University Law Review 1367 (Spring, 2016) |
In 2014, the United States Supreme Court decided two new opinions helping to define and clarify the contours of personal jurisdiction. These cases are just the latest in a litany of decisions spanning almost a century and a half where the Supreme Court has articulated when the due process rights of the defendant have been violated in the context of... |
2016 |
| Michalyn Steele |
Plenary Power, Political Questions, and Sovereignty in Indian Affairs |
63 UCLA Law Review 666 (March, 2016) |
A generation of Indian law scholars has roundly, and rightly, criticized the Supreme Court's invocation of the political question and plenary power doctrines to deprive tribes of meaningful judicial review when Congress has acted to the tribes' detriment. Courts have applied these doctrines in tandem so as to frequently leave tribes without... |
2016 |
| Alex T. Skibine |
Practical Reasoning and the Application of General Federal Regulatory Laws to Indian Nations |
22 Washington and Lee Journal of Civil Rights and Social Justice 123 (Spring 2016) |
I. Introduction. 124 II. Interpreting Silence in the Circuits. 130 A. Silence as a Presumption of Applicability. 130 1. The Ninth Circuit Intramural Aspects Approach. 130 2. Evaluating the Intramural Aspects Approach. 131 3. The D.C. Circuit Spectrum of Sovereignty Approach. 135 4. Evaluating the Spectrum of Sovereignty Approach. 137 B.... |
2016 |
| Carole Goldberg |
President Nixon's Indian Law Legacy: a Counterstory |
63 UCLA Law Review 1506 (August, 2016) |
Scholars of Federal Indian law have often celebrated President Richard Nixon for advancing tribal interests through legislation and policy initiatives. Far less attention has been paid to his impact on Federal Indian law through the appointments he made to the U.S. Supreme Court. During the time his four appointees served together, the Supreme... |
2016 |
| Reid Peyton Chambers, William F. Stephens |
Principles of International Law That Support Claims of Indian Tribes to Water Resources |
63 UCLA Law Review 1530 (August, 2016) |
A growing body of international legal principles recognizes the right of indigenous people to water resources as a key component of their rights to self-determination, land, and economic self-sufficiency. These legal norms impose obligations on states both to recognize this right and to take affirmative steps to allow indigenous people to realize... |
2016 |
| William M. Haney |
Protecting Tribal Skies: Why Indian Tribes Possess the Sovereign Authority to Regulate Tribal Airspace |
40 American Indian Law Review Rev. 1 (2015-2016) |
Since the advent of human flight, lawmakers in the United States have struggled to keep pace with advancements in aviation technology. Similarly, many doctrines of federal Indian law that govern the exercise of the sovereign powers of Indian tribes in the United States are based on outmoded conceptions of the capabilities and interests of Indian... |
2016 |
| John Sky Starkey |
Protection of Alaska Native Customary and Traditional Hunting and Fishing Rights Through Title Viii of Anilca |
33 Alaska Law Review 315 (December, 2016) |
This paper analyzes the degree to which the administration of Title VIII of the Alaska National Interest Lands Conservation Act (ANILCA) of 1980 protects customary and traditional hunting and fishing by Alaska Natives and their tribal communities. A recent Memorandum of Understanding (MOU) entered into by the United States Fish and Wildlife Service... |
2016 |
| Evan Way |
Raising Capital in Indian Country |
41 American Indian Law Review 167 (2016) |
This comment discusses improving economic development in Indian Country by increasing capital investment using three avenues: (1) tribes should incorporate their business entity under Delaware law and issue securities, specifically common stock; (2) tribes should petition the Securities and Exchange Commission (SEC) to promulgate a final rule to... |
2016 |
| Addie C. Rolnick |
RECENTERING TRIBAL CRIMINAL JURISDICTION |
63 UCLA Law Review 1638 (August, 2016) |
The boundaries of modern tribal criminal jurisdiction are defined by a handful of clear rules--such as a limit on sentence length and a categorical prohibition against prosecuting most non-Indians--and many grey areas in which neither Congress nor the Supreme Court has specifically addressed a particular question. This Article discusses five of the... |
2016 |
| Jeanette Wolfley |
Reclaiming a Presence in Ancestral Lands: the Return of Native Peoples to the National Parks |
56 Natural Resources Journal 55 (Winter, 2016) |
For Native peoples, sacred sites and other traditional cultural properties are of critical importance to the preservation of their culture, society, and overall tribal sovereignty. Often these traditional cultural resources are part of present day national park landscapes. Today, tribes have unprecedented opportunities to reclaim a presence on... |
2016 |
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Religious Freedom Restoration Act--substantial Burden--ninth Circuit Holds That Federal Cannabis Prohibition Is Not a Substantial Burden.--oklevueha Native American Church of Hawaii, Inc. V. Lynch, 828 F.3d 1012 (9th Cir. 2016) |
130 Harvard Law Review 785 (December, 2016) |
In response to the Supreme Court's interpretation of the Free Exercise Clause in Employment Division v. Smith, Congress enacted the Religious Freedom Restoration Act (RFRA), which requires judges to impose strict scrutiny on federal government action that substantially burdens the exercise of religion. Because the substantial burden inquiry... |
2016 |
| Erin J. Greten , Ernest B. Abbott |
REPRESENTING STATES, TRIBES, AND LOCAL GOVERNMENTS BEFORE, DURING, AND AFTER A PRESIDENTIALLY-DECLARED DISASTER |
48 Urban Lawyer 489 (Summer, 2016) |
When responding to a man-made or natural event, time is a valuable, yet limited resource. In the aftermath of a disaster, it is critical for local governments to take rapid action to save lives, protect property, and protect the public health and safety. Communities do so through actions such as ordering evacuations, establishing shelters,... |
2016 |
| Andrew Keenan |
Restoring the Native American Trust? |
17 Rutgers Race & the Law Review 221 (2016) |
The utmost good faith shall always be observed toward the Indians; their land and property shall never be taken away from them without their consent but laws founded in justice and humanity shall from time to time be made, for preventing wrong to them. As the Department of Interior and Bureau of Indian Affairs move forward with revisions to the... |
2016 |
| Sarah Beebe , Christine Florick Nishimura |
Right of Limited English Proficient Students with Disabilities and Their Parents to Be Served in Their Native Language |
21 Texas Journal on Civil Liberties & Civil Rights 127 (Spring 2016) |
I. Introduction. 128 II. English Language Learners in Special Education. 130 A. Identification. 131 B. Appropriate Assessment. 133 C. Meeting the Instructional Needs of ELL Students and ELL Students with Disabilities. 136 III. Limited English Proficient Parents of Students with Disabilities. 140 IV. Legal Remedies to Address School Districts'... |
2016 |
| John W. Ragsdale, Jr. |
Sacred in the City: the Huron Indian Cemetery and the Preservation Laws |
48 Urban Lawyer 67 (Winter, 2016) |
The Huron Indian Cemetery sits on a hill above the confluence of the Missouri and Kansas Rivers. It is several acres of predominant green, with grass, mature trees, and modest, weathered gravestones, surrounded by the sterile concrete of a struggling Midwestern city. Desultory businesses, colorless governmental offices, a casino, and strong... |
2016 |
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Securing Indian Voting Rights |
129 Harvard Law Review 1731 (April, 2016) |
Naomi White resides outside Window Rock, Arizona, an area within the Navajo Nation so rural that the Postal Service does not provide home delivery. Because White's voter-registration application bore a physical address that was too obscure, the Apache County Recorder, the agency charged with election administration for the county, could not... |
2016 |
| Kent McNeil |
Sovereignty and Indigenous Peoples in North America |
22 U.C. Davis Journal of International Law and Policy 81 (Spring 2016) |
I. Introduction. 82 II. Defining Sovereignty. 82 III. Political Authority in Western Europe and Indigenous North America. 88 A. Western Europe. 88 B. Indigenous North America. 90 IV. De Facto Versus De Jure Sovereignty. 94 V. Defining De Facto Sovereignty. 100 VI. Conclusion. 103 |
2016 |
| Robert T. Anderson |
Sovereignty and Subsistence: Native Self-government and Rights to Hunt, Fish, and Gather after Ancsa |
33 Alaska Law Review 187 (December, 2016) |
The Alaska Native Claims Settlement Act (ANCSA) was passed in 1971 to extinguish aboriginal rights of Alaska Natives and provide compensation for those rights extinguished. Instead of vesting assets (land and money) in tribal governments, Congress required the formation of Alaska Native corporations to receive and hold these assets. A major flaw in... |
2016 |
| William H. Holley |
Starting from Scratch: Reasserting "Indian Country" in Alaska by Placing Alaska Native Land into Trust |
11 Florida A & M University Law Review 333 (Spring, 2016) |
Abstract. 301 Introduction. 303 I. The Present Scheme of Native Land Ownership in Alaska. 305 A. The Legal Trajectory of Native Land Ownership in Alaska. 306 1. The Alaska Native Claims Settlement Act. 307 2. The Venetie Indian Country Decision. 309 B. The Practical Impact of ANCSA. 311 1. Poverty in Rural Alaska. 311 2. Policing Rural Alaska. 313... |
2016 |
| |
Statute of Limitations |
43 No.8 Preview of United States Supreme Court Cases 335 (8/1/2016) |
Overview: The petitioner is the Menominee Indian Tribe of Wisconsin, a federally recognized Indian tribe. It claimed that the federal government breached its obligations under the Indian Self-Determination and Education Assistance Act (ISDA), 25 U.S.C. §§ 450 et seq., by not fully funding tribal support costs under the ISDA. The liability of the... |
2016 |
| Radhika Singha |
The "Rare Infliction": the Abolition of Flogging in the Indian Army, circa 1835-1920 |
34 Law and History Review 783 (August, 2016) |
the very rarity is argument for retention On September 2, 1920, an amendment to the Indian Army Act abolished corporal punishment for the Indian soldier and follower and introduced field punishment as a substitute on active service. This emancipation from the lash and the rattan came approximately 40 years after flogging had been abolished for... |
2016 |
| William Robinson |
The Benefits of a Benefit Corporation Statute for Alaska Native Corporations |
33 Alaska Law Review 329 (December, 2016) |
In the forty-five years since the Alaska Native Claims Settlement Act (ANCSA) created the Alaska Native regional corporation and village corporations, shareholders and outside observers have criticized the statute's use of the traditional corporate form as inappropriate for Alaska Native communities. The emergence of the benefit corporation entity... |
2016 |
| Arnold W. Reitze, Jr. |
The Control of Air Pollution on Indian Reservations |
46 Environmental Law 893 (Fall, 2016) |
Changes in oil and gas production technology in recent years led to a substantial increase in domestic oil and gas production. This production reduced the nation's dependence on imported fuel, but it has resulted in serious air pollution problems developing in rural areas of the western United States, including Indian lands. The lack of effective... |
2016 |
| Carly Elizabeth Souther |
The Cruel Culture of Conservation Country: Non-native Animals and the Consequences of Predator-free New Zealand |
26 Transnational Law & Contemporary Problems 63 (Winter 2016) |
New Zealand is regarded as an international leader in animal protection because of its progressive welfare laws, which explicitly recognize animal sentience and prohibit unnecessary animal suffering. Yet the well-being of invasive species--specifically, non-native mammals--remains unprotected and undesirable. New Zealand prides itself on... |
2016 |
| |
The Double Life of International Law: Indigenous Peoples and Extractive Industries |
129 Harvard Law Review 1755 (April, 2016) |
Now is an explosive time in international law. It is a time in which the common interest of international society is being dramatically restructured as new forces and legal standards shape the way human communities think and act. Of these forces, two are particularly noteworthy: the incorporation of indigenous protections into international law as... |
2016 |
| Geneva E.B. Thompson |
The Double-edged Sword of Sovereignty by the Barrel: How Native Nations Can Wield Environmental Justice in the Fight Against the Harms of Fracking |
63 UCLA Law Review 1818 (August, 2016) |
Natural resource extraction has become an appealing form of economic growth for many Native nations. Nations have experienced booming economic growth and prosperity from oil and gas development, but this has come at the expense of environmental and social harms to their communities. These environmental and social harms develop because the oil and... |
2016 |
| Elizabeth Lohah Homer |
The Dynamic Legal Environment of Daily Fantasy Sports |
41 American Indian Law Review 219 (2016) |
Up until the fall of 2015, Daily Fantasy Sports (DFS) in the United States had benefited from a rapid growth in revenue, an increasing acceptance into the American sports landscape, and scant regulation from state and federal governments. A respectable research firm in the gaming world projected unmitigated growth for 2016 until a mixture of... |
2016 |
| Dwight Newman |
The Economic Characteristics of Indigenous Property Rights: a Canadian Case Study |
95 Nebraska Law Review 432 (2016) |
C1-3TABLE OF CONTENTS I. Introduction. 433 II. The Nature of Aboriginal Title Within the Canadian Judicial Interpretation. 439 A. Background. 439 B. The Aboriginal Title Test. 442 C. The Contents of Aboriginal Title. 449 D. Inherent Limits on Scope of Aboriginal Title. 450 E. The Security and Insecurity of Aboriginal Title. 454 F. The Implications... |
2016 |
| Adam Mendel |
The First Aumf: the Northwest Indian War, 1790-1795, and the War on Terror |
18 University of Pennsylvania Journal of Constitutional Law 1309 (April, 2016) |
On September 29, 1789, while various state militias were involved in hostilities with the Indian tribes and with very little attention, Congress passed a bill to reorganize the federal military and allow President Washington to call upon state militias to protect the frontier from Indian incursions. While President Washington did not immediately... |
2016 |
| Cindy S. Woods |
The Great Sioux Nation V. the "Black Snake": Native American Rights and the Keystone Xl Pipeline |
22 Buffalo Human Rights Law Review 67 (2015-2016) |
The Keystone XL Pipeline has been shrouded in controversy almost since its conception. As a structure intending to cross the Canadian border into the United States, the Pipeline must receive presidential approval before construction can commence. Since 2008, TransCanada has attempted to obtain this approval unsuccessfully. Criticism against the... |
2016 |
| Neil B. Nesheim |
The Indigenous Practice That Is Transforming the Adversarial Process |
55 No.4 Judges' Journal 16 (Fall, 2016) |
As humans, we are always on the lookout for that aha! moment. In the judicial arena, it is that time in a case or in your career when you witness and are part of a jaw-dropping, awe-inspiring, life-changing, what-did-I-just-experience? event. Have one of those moments and your adrenaline pumps, your motivational level skyrockets, and you realize... |
2016 |
| Mya L. Johnson |
The Lack of Trust in a Trust Relationship: Indian Affairs and the Federal Government |
42 Thurgood Marshall Law Review Online Online 3 (Fall, 2016) |
Imagine if the government controlled everything you owned, everything you loved. Imagine if the government were responsible for looking after your best interests. Imagine if the government mismanaged your assets and land, holding you within the reach of poverty and subpar health. This nightmare is the reality for many American Indians, and their... |
2016 |
| Dylan R. Hedden-Nicely |
The Legislative History of the Mccarran Amendment: an Effort to Determine Whether Congress Intended for State Court Jurisdiction to Extend to Indian Reserved Water Rights |
46 Environmental Law 845 (Fall, 2016) |
The year 1976 marked a sea change in federal policy regarding the treatment of American Indian tribes and their water rights. In that year, the Supreme Court of the United States was called upon to determine the scope of the McCarran Amendment, a rider on a federal appropriations bill that waived the sovereign immunity of the United States in state... |
2016 |
| Ambika Sahai , Kruthika N. S. |
The Need for Compulsory Licensing of Antiretroviral Drugs: the Indian Perspective |
16 Wake Forest Journal of Business and Intellectual Property Law 241 (Winter, 2016) |
I. Introduction. 242 II. The Pervasiveness of the Disease in India. 243 III. The Changes in International Trade Law: Influencing the Path of ART. 247 IV. Compulsory Licensing under the TRIPS Regime. 249 V. Compulsory Licensing: How Viable a Solution?. 250 A. Foreign Relations Affecting Foreign Direct Investment. 251 B. Fear to File Applications for... |
2016 |
| Loretta Tuell |
The Obama Administration and Indian Law--a Pledge to Build a True Nation-to-nation Relationship |
63-APR Federal Lawyer 44 (April, 2016) |
The historic words I am President Barack Black Eagle resonated throughout Indian Country. Never had a president of the United States embraced the trust relationship in such a bold manner. Yet, from his initial 2008 visit to the Crow Nation in Montana, then-candidate Sen. Barack Obama understood the power of the pulpit and imagery. On May 19,... |
2016 |
| Rebecca Tsosie |
The Politics of Inclusion: Indigenous Peoples and U.s. Citizenship |
63 UCLA Law Review 1692 (August, 2016) |
This Article explores the dynamics of U.S. citizenship and indigenous self-determination to see whether, and how, the two concepts are in tension and how they can be reconciled. The Article explores the four historical frames of citizenship for indigenous peoples within the United States--treating indigenous peoples as citizens of separate nations,... |
2016 |
| James Hall |
The Promise Zone Initiative and Native American Economic Development: Only the First Step Forward Toward the Promise of a Brighter Future |
40 American Indian Law Review 249 (2015-2016) |
The Choctaw Nation of Oklahoma is nestled in the southeastern corner of the state, spanning across over 10,000 square miles of rolling green hills in the picturesque Ouachita Mountain Range. Despite its natural beauty, the region's stagnant economy is indicative of the plight of many Native American communities throughout the country. The Choctaw... |
2016 |
| Laura Sigler |
The Saga Continues: the Redskins, Blackhorse, and the Future of Native American Trademarks in Sports |
62 Wayne Law Review 73 (Spring, 2016) |
I. Introduction. 73 II. Background. 74 III. Analysis. 83 A. Trademark Disparagement Post-Harjo. 83 B. Blackhorse v. Pro. Football, Inc.. 84 C. The District Court Appeal. 88 D. The Circuit Court Appeal and the Tensions that Remain. 91 1. Substantial Composite of the Referenced Group. 91 2. The Laches Defense. 93 3. The First Amendment Challenge. 95... |
2016 |
| Alina Yohannan |
The Standing Rock Sioux Indians: an Inconvenience for the Black Gold |
6 University of Baltimore Journal of Land and Development 19 (Fall, 2016) |
The issue of the Native American (Indian) tribes' rights to their lands started with the application of the European doctrine of discovery, continued with series of wars and population decimations, and finished with broken treaties and territorial occupations. After centuries of struggle for land and sovereignty, Indians still fight for their... |
2016 |
| Mirko Bagaric |
Three Things That a Baseline Study Shows Don't Cause Indigenous Over-imprisonment; Three Things That Might but Shouldn't and Three Reforms That Will Reduce Indigenous over-imprisonment |
32 Harvard Journal on Racial & Ethnic Justice 103 (Spring, 2016) |
Indigenous offenders are grossly over-represented in Australian prisons. It is a problem that has persisted for many years and in fact has worsened over the past few decades. Few pragmatic reforms to the sentencing system have been suggested or implemented. To some extent, this is because the reasons for the problem are not clear. Previous... |
2016 |
| Lauren Carini |
Too Much to Handle: Illegal Migration Harms "Natives" on the Migrant Island |
26 Transnational Law & Contemporary Problems 149 (Winter 2016) |
I. The Problem: The Current Migrant Influx Takes Atoll on the Migrant Island. 150 II. Background, History, and Political Context. 152 A. Sicily as Part of Italy. 152 B. The Current Political Debate in Italy. 152 C. Immigration to Italy: A Historical Perspective. 154 III. Three Levels of Legal Obligations. 157 A. Obligations Under the United... |
2016 |
| Alison Dundes Renteln, Professor of Political Science, Anthropology, Law, and Public Policy, University of Southern California |
Toward Comparative Jurisprudence: Differing Approaches to Culture in Law and Society Scholarship Law and the Culture of Israel. By Menachem Mautner. Oxford: Oxford University Press, 2011. 280 Pp. $71 Hardback. Indigenous People, Crime, and Punishment. By |
50 Law and Society Review 1037 (December, 2016) |
In the twenty-first century, governments wrestle with the question of how to make sense of law in a multicultural world. As they figure out proper interpretations of cultural conflicts, these matters often emerge in the courtroom. Meanwhile researchers in comparative jurisprudence, criminology, and postcolonial studies explore the degree to which... |
2016 |
| J. Matthew Martin , Susan Crotty |
Traffic Safety in Indian Country |
55 No.4 Judges' Journal 31 (Fall, 2016) |
The U.S. House and Senate emerged in late 2015 from conference committee with a five-year transportation bill, which was quickly enacted and became the first long-term transportation legislation in more than a decade. Discouragingly named the FAST Act (Fixing America's Surface Transportation Act ) and 1,300 pages long, the $305 billion bill... |
2016 |
| Alexandra Winters |
Trespass to Culture: the Bioethics of Indigenous Populations' Informed Consent in Mainstream Genetic Research Paradigms |
41 American Indian Law Review 231 (2016) |
Today, genetic research is considered of vital importance in the fight against many diseases. Researchers use genes to study diseases such as diabetes, asthma, and leukemia. The indigenous populations of the world are often identified as ideal sample populations for these studies because of their isolation and the effect that isolation has on their... |
2016 |
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TRIBAL EXECUTIVE BRANCHES: A PATH TO TRIBAL CONSTITUTIONAL REFORM |
129 Harvard Law Review 1662 (April, 2016) |
In the modern era, tribes have made tremendous gains in retaining--and reclaiming--their sovereignty. But despite this external progress, some tribes have struggled to overcome internal governance challenges. One such challenge is presented by IRA constitutions: those constitutions either passed in the period shortly after adoption of the federal... |
2016 |
| Gavin Clarkson , Alisha Murphy |
TRIBAL LEAKAGE: HOW THE CURSE OF TRUST LAND IMPEDES TRIBAL ECONOMIC SELF-SUSTAINABILITY |
12 Journal of Law, Economics & Policy 177 (Spring 2016) |
Gallup, New Mexico, is a border town just outside the Navajo Nation reservation with an estimated 22,000 residents; however, that number nearly triples on the first of the month. Social Security checks are distributed to elders and veterans on the first of the month, and most tribal members have neither access to a local bank nor sufficient... |
2016 |
| Lindsay Cutler |
TRIBAL SOVEREIGNTY, TRIBAL COURT LEGITIMACY, AND PUBLIC DEFENSE |
63 UCLA Law Review 1752 (August, 2016) |
In June 2016, the Supreme Court held in United States v. Bryant that uncounseled tribal court convictions could serve as predicate offenses under 18 U.S.C. § 117(a). Citing the public safety crisis in Indian country, the limitations of tribal court sentencing, and the legislative history of Section 117(a), the Court upheld the federal statute... |
2016 |
| Addie C. Rolnick |
Untangling the Web: Juvenile Justice in Indian Country |
19 NYU Journal of Legislation and Public Policy 49 (2016) |
The juvenile justice system in Indian country is broken. Native youth are vulnerable and traumatized. They become involved in the system at high rates, and they are more likely than other youth to be incarcerated and less likely to receive necessary health, mental-health, and education services. Congressional leaders and the Obama administration... |
2016 |
| Jason Corcoran Roberts |
Unwinding Non-native Control over Native America's Past: a Statistical Analysis of the Decisions to Return Native American Human Remains and Funerary Objects under the Native American Graves Protection and Repatriation Act, 1992-2013 |
38 University of Hawaii Law Review 337 (Spring, 2016) |
The Native American Graves Protection and Repatriation Act (NAGPRA or the Act), which notched its twenty-fifth anniversary in 2015, is one of the most important human rights laws in the United States. The hard-fought legislation enshrines the fundamental right of Native Americans to control their ancestral dead, funerary objects, sacred objects,... |
2016 |