Rohit De A Peripatetic World Court Cosmopolitan Courts, Nationalist Judges and the Indian Appeal to the Privy Council 32 Law and History Review 821 (November, 2014) In early 1943, Lord Wilfred Green, the Master of Rolls and the head of the Chancery Division of the British judiciary, authored a secret memorandum proposing that the Judicial Committee of the Privy Council become a peripatetic court that would travel throughout the British Empire. This article explores the origins and politics of this proposal... 2014
Hope Babcock A POSSIBLE SOLUTION TO THE PROBLEM OF DIMINISHING TRIBAL SOVEREIGNTY 90 North Dakota Law Review 13 (2014) The capacity of Indian tribal sovereignty to protect tribes from outside encroachment and interference has steadily diminished from when the concept was first enunciated in the nineteenth century in the Marshall Indian Law Trilogy. This article assumes as a working premise that only bringing tribes into the Constitution as co-equal sovereigns will... 2014
Mark H. Reeves A Rejection of State Efforts to Enforce Gaming Laws on Indian Lands in the Absence of a Tribal-state Compact 9 FIU Law Review 331 (Spring 2014) Ever since the Seminole Tribe of Florida opened the United States' first Indian bingo hall on its reservation lands near Hollywood, Florida on December 14, 1979, state and municipal governments have attempted to assert jurisdiction over and enforce their own laws against gaming activity in Indian country. Such efforts, along with the resulting... 2014
Affie Ellis A Roadmap for Making Native America Safer 37-JUN Wyoming Lawyer 20 (June, 2014) Reading the front page headlines of a recent edition of the Wind River News, which serves the Eastern Shoshone and Northern Arapaho tribes of Wyoming, illustrates this point: Trial set for man accused of assaulting BIA police officer; Arrest made locally in federal murder, sexual assault case; Child's death near Ethete investigated; and Man... 2014
Suzianne D. Painter-Thorne A Strange Kind of Identity Theft: How Competing Definitions of "Indian" May Deny Individual Identity 14 Connecticut Public Interest Law Journal 29 (Fall-Winter, 2014) When I was a little girl, I learned about my family's heritage the same way everyone else does-from my parents and grandparents. My mother, grandmother, and aunts were open about my family's Native American heritage, and I never had any reason to doubt them. What kid asks their grandparents for legal documentation to go along with their family... 2014
Prof. Angelique EagleWoman A Tradition of Excellence in Native American Law at the University of Idaho College of Law 57-OCT Advocate 58 (October, 2014) (Wambdi A. WasteWin) Over the years, the University of Idaho College of Law has offered courses on Native American law topics to prepare law students for legal practice in the state, region, and on the national level. Prior to 2008, courses were offered by such distinguished professors of law such as Emeritus Professor Dennis Colson; Former Interim... 2014
Meredith L. Jewitt A Tradition of Sovereignty: Examining Tribal Sovereign Immunity in Bay Mills Indian Community V. Michigan 9 Duke Journal of Constitutional Law & Public Policy Sidebar 163 (4/9/2014) Tribal sovereign immunity has been a core principle of Indian law and United States-tribal interactions since first contact between European and native peoples. For centuries, this principle has dictated that Indian tribes, like sovereign nations, are immune from legal action as distinct, independent, political communities retaining their original... 2014
Matthew L.M. Fletcher A UNIFYING THEORY OF TRIBAL CIVIL JURISDICTION 46 Arizona State Law Journal 779 (Fall 2014) Two theories of tribal government authority under federal Indian law-- territory-based authority and consent-based authority--are at war. No theory is acceptable to either tribal governance advocates or their opponents. The war plays out most dramatically in conflicts over tribal authority over nonmembers. The Supreme Court's own precedents on... 2014
Ada Melton, Kimberly Cobb, Adrienne Lindsey, R. Brian Colgan, David J. Melton, American Indian Development Associates, LLC, American Probation and Parole Association, Arizona State University, Center for Applied Behavioral Health Policy, Supervisory Unite Addressing Responsivity Issues with Criminal Justice-involved Native Americans 78-SEP Federal Probation 24 (September, 2014) THE CONCEPTS OF general and specific responsivity are integral elements of the Risk, Needs, Responsivity (RNR) supervision model. Lowenkamp and colleagues (2012) describe what would be entailed to truly individualize the delivery of correctional interventions: Accounting for responsivity requires that the agency vary treatment delivery depending on... 2014
Shreya A. Fadia Adopting "Biology Plus" in Federal Indian Law: Adoptive Couple V. Baby Girl's Refashioning of Icwa's Framework 114 Columbia Law Review 2007 (December, 2014) This Note argues that the Supreme Court's decision in Adoptive Couple v. Baby Girl creates an apparent tension in federal Indian law. The Court's characterization of the broader aims of the Indian Child Welfare Act of 1978 and of biology's role within it appears irreconcilable with previous interpretations of the Act--including the Court's own... 2014
Dustin C. Jones Adoptive Couple V. Baby Girl: the Creation of Second-class Native American Parents under the Indian Child Welfare Act of 1978 32 Law & Inequality: A Journal of Theory and Practice 421 (Summer, 2014) For us as Indians, much is at stake, because it is about nurturing community and culture, while honoring our traditions. After all, we are fond of saying: The children are our future. In June 2013, the U.S. Supreme Court found that an absentee biological Native American father could have his parental rights terminated without triggering the... 2014
Jessica Di Palma Adoptive Couple V. Baby Girl: the Supreme Court's Distorted Interpretation of the Indian Child Welfare Act of 1978 47 Loyola of Los Angeles Law Review 523 (2014) Congress enacted the Indian Child Welfare Act of 1978 (ICWA) to establish federal standards governing state-court child-custody cases involving Indian children. The statute attempted to remedy the unwarranted removal of Indian children from their biological parents by nontribal public and private agencies, by creating minimum Federal standards for... 2014
William L. Iggiagruk Hensley Alaska's Native History 31 Alaska Law Review 169 (December, 2014) I was born in 1941, exactly two hundred years after Bering stumbled onto Alaska down near Seattle. I like to say that because he failed in his first attempt to show that Asia and North American were not connected. All he should have done was just ask our people if they were joined--they weren't. By that time, we had long ago traversed all the way... 2014
Samuel Gottstein An Era of Continued Neglect: Assessing the Impact of Congressional Exemptions for Alaska Natives 55 Boston College Law Review 1253 (September, 2014) Although Native Americans in the contiguous United States have benefited from recent congressional reforms, Alaska Native communities were largely ignored. Despite the widely acknowledged crisis of sexual assault and domestic violence in rural Alaska Native communities, Congress has explicitly exempted Alaska from legislation that would... 2014
Tony Penikett An Unfinished Journey: Arctic Indigenous Rights, Lands, and Jurisdiction? 37 Seattle University Law Review 1127 (Summer, 2014) Yellowknife-Dene political scientist Glen Coulthard sums up the goals of the indigenous rights movement Idle No More as a struggle for land and jurisdiction. Over the last forty years, American and Canadian governments made much progress on the land question in the Arctic and sub-Arctic; however, from an irrational fear of the unknown, politicians... 2014
Russell Del Toro III Application of the Fair Use Limitation Within the Dualist Copyright System: an Argument in Favor of a Flexible Approach to the Public Policy Considerations Native to Issues of Copyright 48 Revista Juridica Universidad Interamericana de Puerto Rico 259 (Agosto-Mayo, 2013-2014) I. Introduction. 260 II. Historical overview of copyright and fair use. 263 III. The dualist approach to fair use. 280 IV. Conclusion. 289 2014
Veronica Gordon Appropriation Without Representation? The Limited Role of Indigenous Groups in Wipo's Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge, and Folklore 16 Vanderbilt Journal of Entertainment and Technology Law 629 (Spring, 2014) The World Intellectual Property Organization's (WIPO) Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge, and Folklore (IGC) is currently engaged in text-based negotiations to develop an international legal instrument, or set of instruments, that will effectively protect traditional knowledge,... 2014
Dwight Newman , Michelle Biddulph , Lorelle Binnion Arctic Energy Development and Best Practices on Consultation with Indigenous Peoples 32 Boston University International Law Journal 449 (Summer 2014) Abstract. 450 I. Introduction. 450 II. Legal Frameworks for Consultation. 456 A. The United States. 457 i. Alaska Native Claims Settlement Act. 457 ii. Environmental Statutes. 461 iii. North Slope Borough. 462 iv. Consultation Policies. 463 B. Canada. 464 i. Land Claims Agreements. 464 a. Northwest Territories. 465 b. Nunavut. 468 c. Yukon. 470 ii.... 2014
Bethany Henneman Artful Pleading Defeats Historic Commitment to American Indians 14 University of Maryland Law Journal of Race, Religion, Gender and Class 142 (Spring 2014) The United States government has specific commitments to federally recognized American Indian tribes through treaties, Congressional Acts, Executive Orders, and Executive Agreements as well as judicially created commitments. One such commitment is the Department of the Interior's responsibility to hold American Indian lands in trust for the benefit... 2014
Hon. Peter J. Herne Best Interests of an Indian Child 86-APR New York State Bar Journal 22 (March/April, 2014) Family law treatises summarize New York's Best Interest of a Child standard as follows: 1. Maintaining stability for the child(ren) 2. Child(ren's) wishes 3. Home environment with each parent 4. Each parent's past performance and relative fitness 5. Each parents ability to guide and provide for child(ren's) overall well-being 6. Each parent's... 2014
Sara Daly Bordering on Discrimination: Effects of Immigration Policies/legislation on Indigenous Peoples in the United States and Mexico 38 American Indian Law Review 157 (2013-2014) Border security and state immigration legislation are issues that many Americans love to hate. By and large, there is little debate about the need for national security measures at the borders. However, when it comes to the implementation of policies that actually attempt border security and immigration enforcement, the end results risk stifling... 2014
JoAnne L. Dunec Braiding Sweetgrass: Indigenous Wisdom, Scientific Knowledge, and the Teachings of Plants Robin Wall Kimmerer Milkweed Editions, 2013 28-WTR Natural Resources & Environment 61 (Winter, 2014) Braiding Sweetgrass is an exploration of scientific principles and indigenous thinking. The author, a trained botanist, is an enrolled member of the Citizen Potawatomi Nation and a SUNY Distinguished Teaching Professor of Environmental Biology. She introduces us to sweetgrass, Hierorochloe odorata, which, according to the author, means the... 2014
Blake A. Watson Buying West Florida from the Indians: the Forbes Purchase and Mitchel V. United States (1835) 9 FIU Law Review 361 (Spring 2014) In 1773 and 1775, a handful of individuals purchased lands, located in present-day Illinois and Indiana, from the Illinois Confederacy and the Piankeshaw Indians. The United States Supreme Court, however, disallowed the private sales in Johnson and Graham's Lessee v. McIntosh (1823). Chief Justice John Marshall announced in Johnson that the... 2014
Greg Boos , Greg McLawsen , Heather Fathali Canadian Indians, Inuit, Métis, and Métis: an Exploration of the Unparalleled Rights Enjoyed by American Indians Born in Canada to Freely Access the United States 4 Seattle Journal of Environmental Law 343 (2014) C1-2Table of Contents I. History. 346 A. The War of 1812 and Continuing Validity of Jay Treaty Rights. 347 B. A Determination Based on Racial Considerations. 351 C. No Reciprocal Right to Enter Canada. 354 II. Eligibility. 359 A. Scope. 359 1. Dependents. 361 2. Bloodline Exemption for pre-INA Entrants. 361 B. Indian, Inuit, Métis, and Métis. 362... 2014
Babafemi Odunsi Chapter 13 Crime Detection and the Psychic Witness in America: an Allegory for Re-appraising Indigenous African Criminology 29 IUS Gentium 265 (2014) . Do not believe in anything, merely on the authority of your teachers and elders. Do not believe in traditions because they have been handed down for many generations. But after observation and analysis, when you find that anything agrees with reason and is conducive to the benefit of one and all, then accept it and live up to it. (Buddha in... 2014
  Chapter 18 • Native American Resources 2014 ABA Environment, Energy, and Resources Law: The Year in Review 178 (2014) On May 27, 2014, the Supreme Court, in a 5-4 decision, held that the Bay Mills Indian Community was protected by tribal sovereign immunity from Michigan's action to enjoin it from building a casino on off-reservation trust land. The Court ruled that, while Congress expressly abrogated tribal sovereign immunity for the regulation of on-reservation... 2014
Josh Merrill Climate Change and its Effect on Indigenous Peoples of the Southwest 38 American Indian Law Review 225 (2013-2014) Climate change is no longer a topic relegated to the corners of science. The legal field has been forced to confront the phenomenon as the Supreme Court of the United States has recognized this issue in many recent cases. In one of the more widely discussed opinions concerning climate change, Justice Stevens wrote for the majority: The harms... 2014
Shefali Singh Closing the Gap of Justice: Providing Protection for Native American Women Through the Special Domestic Violence Criminal Jurisdiction Provision of Vawa 28 Columbia Journal of Gender and Law 197 (2014) Soon after Native American Diane Millich and her non-Indian husband got married, they moved into her home, located on the Southern Ute Indian reservation where she grew up. Millich's husband began routinely abusing her, and within a year she suffered more than 100 incidents of being slapped, kicked, punched and living in terror[.] Millich made... 2014
Paola Solano Colombia's Herbicide Spraying in the Crucible Between Indigenous Rights, Environmental Law and State Security 9 Intercultural Human Rights Law Review 271 (2014) For many years Colombia has struggled with eradicating illicit narcotic crops. Spraying coca and poppy crops aerially with chemical herbicides has been one of Colombia's strategies. However, this practice has resulted in serious violations of human and environmental rights. Because the herbicides were aerially sprayed at locations near, at and... 2014
  Comment Sought on Approaches to Permitting Oil and Gas Minor Sources in Indian Country 24 No.5 Air Pollution Consultant 2.10 (2014) In a June 5, 2014 advance notice of proposed rulemaking (79 FR 32502-32521), EPA sought comment on how best to issue minor source new source review (NSR) permits for oil and gas production industry sources located in Indian country. Because of the large number of sources involved, the agency is seeking to streamline the process and avoid issuing... 2014
Michalyn Steele Comparative Institutional Competency and Sovereignty in Indian Affairs 85 University of Colorado Law Review 759 (Summer 2014) While vigorous debate surrounds the proper scope and ambit of inherent tribal authority, there remains a critical antecedent question: whether Congress or the courts are ultimately best situated to define the contours of inherent tribal authority. In February 2013, Congress enacted controversial tribal jurisdiction provisions as part of the... 2014
Caroline Joan S. Picart Cross-cultural Negotiations and International Intellectual Property Law: Attempts to Work Across Cultural Clashes Between Indigenous Peoples and Majoritarian Cultures 23 Southern California Interdisciplinary Law Journal 37 (Winter, 2014) This Article characterizes the paradigmatic nature of culture. The underlying method of this Article is autoethnographic, and it deals with the particular cultural clashes occurring between indigenous peoples and majoritarian cultures. Geert Hofstede and his co-authors employ a cultural rubric of individualism versus communitarianism to sketch the... 2014
Berta Esperanza Hernández-Truyol Culture Clashes: Indigenous Populations and Globalization--the Case of Belo Monte 12 Seattle Journal for Social Justice 775 (Spring, 2014) This work utilizes the example of a current concern-the construction of the Belo Monte dam in Brazil--to show the potentially devastating impact on Indigenous populations of globalization or mondialisation. The dam's construction will be financed mostly with public funds and will be built by a consortium of public and private actors. Belo Monte... 2014
Ann Piccard Death by Boarding School: "The Last Acceptable Racism" and the United States' Genocide of Native Americans 49 Gonzaga Law Review 137 (2013-2014) For the survivor who chooses to testify, it is clear: His duty is to bear witness for the dead and for the living. He has no right to deprive future generations of a past that belongs to our collective memory. To forget would be not only dangerous but also offensive; to forget the dead would be akin to killing them a second time. I. Introduction.... 2014
David Coventry Smith , Partner, Kilpatrick Townsend and Stockton LLP Defending Indian Lands after Carcieri 2014 Aspatore 2326354 (April, 2014) The majority of Americans live in the misguided belief that depriving Indians of the ownership, use, and benefit of their lands was merely an unfortunate episode in American history, an artifact of a racist past. However, the fact remains that the challenges facing Indian nations in maintaining the sovereign right to control their own lands is no... 2014
Rick Kurnit Defining Native Advertising 30-FALL Communications Lawyer Law. 1 (Fall, 2014) Advertising generally is a paid insertion of a brand's message into content published by another party. Any paid media insertion has to conform to the physical limits and requirements of the medium into which it is placed. Good advertising is compatible with the medium and adjacent content, and it engages and serves the relevant audience. New... 2014
Kevin R. Kemper, Ph.D., J.D., LL.M., candidate ENVIRONMENTAL INFORMATION POLICY AND SECRETS ABOUT JAGUARS: WHY TRUSTING ARIZONA TRIBES IS THE BEST STRATEGY FOR JAGUAR PROTECTION 4 Arizona Journal of Environmental Law & Policy 187 (Spring, 2014) The jaguar (Panthera onca) roams the Southwest boundary region of the United States, Mexico, and tribal nations, particularly in southeastern Arizona and northeastern Sonora. This transboundary species - walking across numerous political borders - has remained elusive and controversial. Those who care about the preservation of the species want to... 2014
  Epa Lacked Authority to Displace Oklahoma Sip in Non-reservation Indian Country 24 No.3 Air Pollution Consultant 3.7 (2014) In a January 17, 2014 decision, the U.S. Court of Appeals for the District of Columbia Circuit (DC Circuit Court) held that EPA lacked authority to implement a federal implementation plan (FIP) in portions of Indian country outside established reservations (Oklahoma Department of Environmental Quality v. EPA, No. 11-1307 [D.C. Cir. Jan. 17, 2014].... 2014
Winter King , Partner, Shute Mihaly & Weinberger LLP Eviction of Non-members from Indian Land: the Jurisdictional Maze of Public Law 280 and Strategies for Successful Enforcement 2014 Aspatore 2326360 (April, 2014) There may be no better test of tribal-state relations than how their courts and law enforcement officers work together in the gray jurisdictional area that governs evictions of non-Indians from tribal lands. This coordination becomes even more important, and complicated, in Public Law 280 states. Congress has assigned each sovereign a different... 2014
Elizabeth Ann Kronk Warner EXAMINING TRIBAL ENVIRONMENTAL LAW 39 Columbia Journal of Environmental Law 42 (2014) Introduction. 43 I. Catalysts for Tribal Environmental Law Development: Promoting Tribal Sovereignty and Responding to Emerging Environmental Concerns. 46 A. Tribal Sovereignty and Related Tribal Environmental Ethics. 46 B. Emerging Environmental Challenges: Adopting Environmental Protection Laws in Light of Natural Resource Development and Climate... 2014
Victoria Sweet Extracting More than Resources: Human Security and Arctic Indigenous Women 37 Seattle University Law Review 1157 (Summer, 2014) The circumpolar Arctic region is at the forefront of rapid change, and with change come concerns regarding potential security threats. Security is an ever-changing, dynamic issue. Numerous factors determine what makes a state, a community, or an individual feel secure or insecure. For example, while extractive industry development can bring... 2014
Samuel E. Ennis , Caroline P. Mayhew Federal Indian Law and Tribal Criminal Justice in the Self-determination Era 38 American Indian Law Review 421 (2013-2014) On March 7, 2013, President Obama signed into law the Violence Against Women Reauthorization Act of 2013 (VAWA). Section 904 of the VAWA expressly affirmed Indian tribes' inherent criminal jurisdiction over non-Indians for crimes of domestic violence or dating violence, as well as criminal violations of certain protection orders that occur in... 2014
Samuel E. Ennis , Caroline P. Mayhew FEDERAL INDIAN LAW AND TRIBAL CRIMINAL JUSTICE IN THE SELF-DETERMINATION ERA 38 American Indian Law Review 421 (2013-2014) On March 7, 2013, President Obama signed into law the Violence Against Women Reauthorization Act of 2013 (VAWA). Section 904 of the VAWA expressly affirmed Indian tribes' inherent criminal jurisdiction over non-Indians for crimes of domestic violence or dating violence, as well as criminal violations of certain protection orders that occur in... 2014
  Federal Indian Law--tribal Sovereign Immunity-- Michigan V. Bay Mills Indian Community 128 Harvard Law Review 301 (November, 2014) Courts have long held that Native American governments enjoy tribal sovereign immunity from suit, subject only to Congress's plenary authority. Sixteen years ago, in Kiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc., the Supreme Court affirmed that tribes retain sovereign immunity when engaged in off-reservation commercial activity.... 2014
Brandon Byers Federal Question Jurisdiction and Indian Tribes: the Second Circuit Closes the Courthouse Doors in New York V. Shinnecock Indian Nation 82 University of Cincinnati Law Review 901 (Spring, 2014) Most construction projects require permits from the local municipality. Some require additional permits from the state. The Westwoods Casino Project in Southampton, New York, the subject of New York v. Shinnecock Indian Nation, required no such permits. At least that was what the project's developer, the Shinnecock Indian Nation (the Shinnecock or... 2014
  Federal Task Force Appointed on Native American Children Exposed to Violence 33 No.5 Child Law Practice 128 (May, 2014) At the 2013 White House Tribal Nations Conference, Attorney General Eric Holder announced the new Attorney General's Task Force on American Indian and Alaska Native Children Exposed to Violence. This task force is anchored by a federal working group that includes U.S. Attorneys and officials from the Departments of the Interior and Justice and an... 2014
Tess Johnson Fencing the Buffalo: Off-reservation Gaming and Possible Amendments to Section 20 of the Indian Gaming Regulatory Act 5 UNLV Gaming Law Journal 101 (Spring 2014) Gaming is for many isolated, neglected and destitute Native Americans the modern version of the myth of survival, called by some the White Buffalo. Tribal gaming has frequently been compared to the buffalo as it has successfully fed, clothed, and sheltered numerous tribal communities, and generally improved the quality of life on many... 2014
Marren Sanders Genomic Research in Indian Country: the New Road to Termination? 39 Oklahoma City University Law Review Rev. 1 (Spring 2014) Unless you're one of the first Americans, a Native American, you came from someplace else. Somebody brought you. As the 2012 presidential election approached, political-figure parodies popped up all over the Internet. One website,, featured a picture of Republican hopefuls, Rick Santorum, Mitt Romney, and Newt... 2014
Carrie E. Garrow Government Law and Policy and the Indian Child Welfare Act 86-APR New York State Bar Journal 10 (March/April, 2014) Since the formation of the United States, Indian nations and Indian people have been impacted by the numerous laws and policies focused on acquisition of Indian lands and assimilation of Indian people. These federal laws and policies led to states, such as New York, breaking up Indian families and removing Indian children from their homes in order... 2014
Allyson Manny Hon. Elizabeth Ann Kronk Warner Acting Chief Judge, Sault Ste. Marie Tribe of Chippewa Indians Court of Appeals 61-APR Federal Lawyer 26 (April, 2014) In 2008, the Hon. Elizabeth Kronk Warner was appointed as an appellate judge for the Sault Ste. Marie Tribe of Chippewa Indians. Later the same year, she was named chief judge of the Sault Ste. Marie Court of Appeals. She served in this role from 2008 to 2012, when she was reappointed to the Sault Ste. Marie Court Appeals as an appellate judge for... 2014
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