| Author | Title | Citation | Summary | Year |
| |
Corporation Owned by Indian Tribe Was Not Tax-exempt |
91 Practical Tax Strategies 01 (July, 2013) |
The Tax Court n Uniband, Inc., 140 TC No. 13 ruled that a state-chartered corporation owned by an Indian tribe was not exempt from corporate income tax. According to the court, the corporation was a separate and distinct taxable entity from the tribe. The tribe's immunity from tax did not extend to the corporation, which also was not entitled to... |
2013 |
| Teri Māhealani Wright |
Demolition of Native Rights and Self Determination: Act 55's Devastating Impact Through the Development of Hawaii's Public Lands |
35 University of Hawaii Law Review 297 (Winter, 2013) |
I. Introduction. 298 II. Background and Context. 302 A. The Cultural and Historical Significance of Land to Native Hawaiians. 302 1. Native Hawaiian relationship to land. 302 2. Ahupua'a land tenure system. 303 B. The Historical and Legal Background of Land Management in Hawai'i. 304 1. The first occurrence of privatization in Hawai'i: the Mahele... |
2013 |
| Zachary S. Price |
DIVIDING SOVEREIGNTY IN TRIBAL AND TERRITORIAL CRIMINAL JURISDICTION |
113 Columbia Law Review 657 (April, 2013) |
In both federal Indian law and the law regarding United States territories, the Supreme Court in recent decades has shown increasing skepticism about previously tolerated elements of constitutionally unregulated local governmental authority. This Article proposes a framework for resolving constitutional questions raised by the Court's recent cases... |
2013 |
| Karen Gray Young |
Do We Have it Right this Time? An Analysis of the Accomplishments and Shortcomings of Washington's Indian Child Welfare Act |
11 Seattle Journal for Social Justice 1229 (Spring, 2013) |
Jessie Scheibner's eyes cloud with tears and her voice trembles as she talks about the day, almost 70 years ago, when a stranger's car pulled up to her parents' home on the Port Gamble S'Klallam Reservation and took her and her two sisters away. The memories of that car ride when she was three and the years spent in one foster home after another... |
2013 |
| Jeana Petillo |
Domestic Violence in Indian Country: Improving the Federal Government's Response to this Grave Epidemic |
45 Connecticut Law Review 1841 (July, 2013) |
The pervasiveness of domestic violence against Native American women in Indian country is alarming. Pursuant to the doctrine of trust responsibility, the federal government has recently responded to the epidemic of domestic violence in Indian country by passing three pieces of legislation-18 U.S.C. § 117, the Tribal Law and Order Act of 2010, and... |
2013 |
| Kathryn E. Kovacs |
Eagles, Indian Tribes, and the Free Exercise of Religion |
47 Loyola of Los Angeles Law Review 53 (Fall, 2013) |
The Bald and Golden Eagle Protection Act prohibits the taking or possession of eagles and eagle parts. Recognizing the centrality of eagles in many Native American religions, Congress carved out an exception to that prohibition for the religious purposes of Indian tribes. The problems with the administration of that exception are reaching crisis... |
2013 |
| Kathryn E. Kovacs |
EAGLES, INDIAN TRIBES, AND THE FREE EXERCISE OF RELIGION |
47 Loyola of Los Angeles Law Review 53 (Fall, 2013) |
The Bald and Golden Eagle Protection Act prohibits the taking or possession of eagles and eagle parts. Recognizing the centrality of eagles in many Native American religions, Congress carved out an exception to that prohibition for the religious purposes of Indian tribes. The problems with the administration of that exception are reaching crisis... |
2013 |
| Cheng-Yu Hou |
Echoing the Minority Voices in False Advertising: the Indian Arts and Crafts Act and its Protections Beyond the Lanham Act |
7 Southern Region Black Law Students Association Law Journal 113 (Spring 2013) |
False advertising, as the legal community understands it, reflects upon Section 43 of the Lanham Act. Congress, however, is quite limited in its scope of thinking with its incorporation of such false advertising provision in its 1988 revision of the Lanham Act. As stated in its legislative history, Congress explained that the main reason for such... |
2013 |
| |
Edward Williamson, Petitioner V. Chaco Nation of the Chaco Indian Reservation, Depaulia Respondent |
23 DePaul Journal of Art, Technology & Intellectual Property Law 547 (Spring, 2013) |
1. Must human remains bear some relationship to a presently existing tribe, people, or culture in order to be Native American under the Native American Graves Protection and Repatriation Act (NAGPRA) and therefore be subject to its ownership provisions? 2. Does transferring ownership of objects found on private property to an Indian tribe under... |
2013 |
| Sarah Jane Gillett , Casey Ross-Petherick , Shareholder, Hall Estill, Of Counsel, Hall Estill |
Effectively Representing Indian Tribes in Tribal-state Law Matters |
2013 Aspatore 2136510 (April, 2013) |
Tribal issues run the gamut of legal practice. Because tribes are sovereign governments, their strategies naturally flow from the needs of their citizens. As federal American Indian policy is shaped, particular issues become especially relevant and create an ebb and flow that covers a diverse range of legal issues. One of the most universal issues... |
2013 |
| Sarah Jane Gillett , Casey Ross-Petherick , Shareholder, Hall Estill, Of Counsel, Hall Estill |
EFFECTIVELY REPRESENTING INDIAN TRIBES IN TRIBAL-STATE LAW MATTERS |
2013 Aspatore 2136510 (April, 2013) |
Tribal issues run the gamut of legal practice. Because tribes are sovereign governments, their strategies naturally flow from the needs of their citizens. As federal American Indian policy is shaped, particular issues become especially relevant and create an ebb and flow that covers a diverse range of legal issues. One of the most universal issues... |
2013 |
| Thais-Lyn Trayer |
Elementary Unfairness: Federal Recidivism Statutes and the Gap in Indigent American Indian Defendants' Sixth Amendment Right to Counsel |
63 American University Law Review 219 (October, 2013) |
Indigent American Indian defendants suffer from a gap in federal laws that denies them full Sixth Amendment right-to-counsel protections. Indian defendants are not automatically guaranteed representation by a lawyer in tribal court. Constitutional difficulties arise when these uncounseled convictions are later used to support prosecution of repeat... |
2013 |
| Sean J. Wright |
Elusive Goal, Enduring Benefits: Regulation of Air Quality in Indian Country as a Tool to Promote Small Business Development |
8 Ohio State Entrepreneurial Business Law Journal 25 (2013) |
The Clean Air Act (CAA) Amendments of 1990 represented sweeping changes to the way the federal government regulates air quality. The Environmental Protection Agency (EPA) was tasked with implementing the regulations to effectuate these sweeping changes. But, for nearly two decades the EPA has overlooked developing regulations for an important area... |
2013 |
| Ryan D. Dreveskracht |
Enfranchising Native Americans after Shelby County V. Holder: Congress's Duty to Act |
70 National Lawyers Guild Review 193 (Winter 2013) |
The U.S. Constitution does not prescribe requirements for the right to take part in elections. That right was left to the states to implement and regulate--and, for much of our history, they generally limited the franchise to white male property owners, who were citizens of a certain age, occasionally of a specific religious faith. Most nonwhites... |
2013 |
| Ziwei Hu |
Equity's New Frontier: Receiverships in Indian Country |
101 California Law Review 1387 (October, 2013) |
Southern California's Coachella Valley is one of the poorest regions in the country. Its location in Riverside County--which is within close proximity to some of the nation's wealthiest citizens and also the U.S.-Mexico border--along with the county's dependence on the agriculture industry has contributed to a significant demand for low-wage farm... |
2013 |
| Jenny Small |
Financing Native Nations: Access to Capital Markets |
32 Review of Banking and Financial Law 463 (Spring, 2013) |
[E]very individual, therefore, endeavours as much as he can both to employ his capital in the support of domestic industry, and so to direct that industry that its produce may be of the greatest value .. He generally, indeed, neither intends to promote the public interest, nor knows how much he is promoting it .. [H]e intends only his own security... |
2013 |
| Stephan A. Hoover |
Forcing the Tribe to Bet on the House the Limited Options and Risks to the Tribe When Indian Gaming Operations Seek Bankruptcy Relief |
49 California Western Law Review 269 (Spring 2013) |
Introduction. 270 I. Tribal Sovereignty, Gaming, and the Bankruptcy Code. 272 A. A History of Indian Sovereignty and Gaming Law. 272 B. Bankruptcy Relief in the United States. 277 II. The Constraints on Eligibility for Indian Gaming Operations Seeking Bankruptcy Relief. 279 A. Eligibility in a Case under The Bankruptcy Code. 279 B. The Indian... |
2013 |
| Paul Van Olson |
Fox-hunting the Conscience of the King into a Shallow Grave: Sovereign Immunity and Discovery as Applied to Indian Tribes in Alltel Communications, L.l.c. V. Dejordy and its Implications for Discovery Practice |
58 South Dakota Law Review 405 (2013) |
In Alltel Communications, L.L.C., v. DeJordy, the Eighth Circuit Court of Appeals quashed third-party subpoenas issued to tribal officials of the Oglala Nation of the Pine Ridge Indian Reservation. The Eighth Circuit found tribal immunity from suit provided a basis to quash. In doing so, the Eighth Circuit confronted the concept of sovereign... |
2013 |
| Mitchell Davis |
Fractured Focus: Tribal Energy Development and the Regulatory Contest over Hydraulic Fracturing in Indian Country |
4 Washington and Lee Journal of Energy, Climate, and the Environment 305 (2013) |
C1-2Table of Contents I. Introduction. 305 II. Hydraulic Fracturing: Technique, Geology, and Unintended Consequences. 308 III. Good Fences: Neighbor States and their Regulations. 313 IV. Reservation Jurisdiction, Federal Regulation, and the Trust Relationship. 323 V. Regulations and Remedies: Tribal and Individual Influence of Fracking. 340 VI.... |
2013 |
| Thomas W. Fredericks |
Freeing Indian Energy Development from the Grips of Cotton: Advancing Energy Independence for Tribal Nations |
60-APR Federal Lawyer 57 (April, 2013) |
With the exception of the IMLA, the statutes discussed below are the basis for the assertion that state taxation of Indian oil and gas is pre-empted by federal law and policy. The first comprehensive legislation to vest the Secretary of the Interior with the duty of leasing Indian minerals was the Indian Mineral Leasing Act of 1938 (IMLA). The IMLA... |
2013 |
| Maria Noel Leoni Zardo |
Gender Equality and Indigenous Peoples' Right to Self-determination and Culture |
28 American University International Law Review 1053 (2013) |
I. INTRODUCTION. 1053 II. INDIGENOUS PEOPLES' RIGHT TO SELF-DETERMINATION AND THE COLLECTIVE RIGHT TO CULTURE. 1059 A. The Importance of Recognizing Collective Rights of Indigenous Peoples. 1059 B. The Scope of the Collective Rights to Self-Determination and Culture. 1068 III. ADDRESSING GENDER INEQUALITY WITHIN INDIGENOUS COMMUNITIES. 1073 IV.... |
2013 |
| Shannon Rogers |
GIVING MEANING TO EMPTY WORDS: PROMOTING TRIBAL SELF-GOVERNANCE BY NARROWING THE SCOPE OF JURY VICINAGE AND VENUE SELECTION IN MCA ADJUDICATIONS |
13 Wyoming Law Review 711 (2013) |
I. Introduction. 712 II. Background. 715 A. Indian Major Crimes Act: Federal Jurisdiction. 715 B. History and Geography of the Federal District of Wyoming. 719 C. Controlling Federal Law. 721 D. Location, Location, Venue. 722 E. The Jury Selection Process. 726 F. The Road to the Tribal Law and Order Act (TLOA). 730 III. Analysis. 731 A. Practical... |
2013 |
| G.M. Filisko |
Global Settlements |
99-OCT ABA Journal 25 (October, 2013) |
Meditation in India? Om, big. Mediation in India? Um, not as big. That, however, is changing, thanks to Victor Schachter, a labor and employment partner at Fenwick & West in Mountain View, Calif. Schachter set up the first court-annexed mediation centers in India, and he plans to follow suit in additional countries through his just-launched... |
2013 |
| Breann Swann Nu'uhiwa |
Government of the People, by the People, for the People: Cultural Sovereignty, Civil Rights, and Good Native Hawaiian Governance |
14 Asian-Pacific Law and Policy Journal 57 (2013) |
I.. Introduction 58 II.. Cultural Sovereignty 62 III.. Civil Rights in Native Hawaiian History and Tradition 65 A. Civil Rights Prior to Contact 66 B. The Displacement of Kuleana 69 C. The Native Hawaiian Response 73 D. The Persistence of Traditional Values in Contemporary Native Hawaiian Society 75 IV.. Federal Expectations Regarding Native... |
2013 |
| Donna S. Salcedo |
Hawaiian Land Disputes: How the Uncertainty of the Native Hawaiian Indigenous Tribal Status Exacerbates the Need for Mediation |
14 Cardozo Journal of Conflict Resolution 557 (Winter 2013) |
Many people see the Hawaiian Islands as a paradise in the Pacific Ocean. However, most are unaware that history has left an unpleasant and permanent scar on the original inhabitants of the islands, the Native Hawaiians. It is often forgotten that the islands were once ruled by its monarchy. In fact, the Hawaiian Kingdom was not overthrown until... |
2013 |
| Benjamin Thomas Greer |
Hiding Behind Tribal Sovereignty: Rooting out Human Trafficking in Indian Country |
16 Journal of Gender, Race and Justice 453 (Spring 2013) |
The white man's police have protected us only as well as the feathers of a bird protect it from the frosts of winter. Crowfoot, Blackfeet Chief Future generations will not excuse those who turn a blind eye to [human trafficking]. United States Secretary of State, Condoleezza Rice Native Americans are a profoundly strong and proud, however insular,... |
2013 |
| Vinita B. Andrapalliyal |
History Repeats Itself: Parallels Between Current-day Threats to Immigrant Parental Rights and Native American Parental Rights in the Twentieth Century |
8 University of Massachusetts Law Review 562 (Spring, 2013) |
Immigrant parents are currently burdened with unique risks to their parental rights, risks that bear little relation to their ability to care for their children. Recent developments in family and immigration law, historical cultural prejudices against non-Western parenting traditions, and poor immigrants' limited access to the U.S. legal system are... |
2013 |
| Ryan D. Dreveskracht |
House Republicans Add Insult to Native Women's Injury |
3 University of Miami Race & Social Justice Law Review Rev. 1 (2013) |
Introduction. 1 Background and Context. 2 What's the Big Deal? It Isn't That Bad.. 12 Constitutionality and Supreme Court Review. 21 Conclusion. 27 |
2013 |
| Rebecca Cruz Guiao |
How Tribal Water Rights Are Won in the West: Three Case Studies from the Northwest |
37 American Indian Law Review 283 (2012-2013) |
The Klamath River Basin controversy in Oregon and California represents complex legal, social, economic, and environmental issues involving a myriad of interested parties from tribal, federal, state, local, and public interest organizations. An apparent end to the controversy came on February 18, 2010, when over fifty organizations signed the... |
2013 |
| Paul Finkelman |
I Could Not Afford to Hang Men for Votes. Lincoln the Lawyer, Humanitarian Concerns, and the Dakota Pardons |
39 William Mitchell Law Review 405 (2013) |
I. Political Considerations and the Pardon Issue. 409 II. What We Call the Conflict, and Why That Matters. 414 III. What Caused the Conflict?. 419 IV. The Politics of the Conflict. 422 V. The Trials. 424 VI. The Administration and the Dakota Trials. 433 VII. Lieber, the Law of War, and the Dakota. 440 VIII. I Could Not Afford to Hang Men for... |
2013 |
| |
Indian Canon Originalism |
126 Harvard Law Review 1100 (February, 2013) |
Indian treaties are quasi-constitutional documents. So why not read them like constitutions? In fact, scholars of Indian law have urged federal judges to interpret Indian treaties in the same manner as [they do] constitutional provisions. But no scholar has ever explained how the principles of constitutional interpretation would actually apply... |
2013 |
| |
Indian Child Welfare Act |
40 No.8 Preview of United States Supreme Court Cases 376 (8/10/2013) |
Overview: The birth parents of Baby Girl were unmarried. Mother decided to put the child up for adoption without consulting Father. Baby Girl was placed with an adoptive family in South Carolina, where she lived for about two years. Father is a Cherokee Indian, but for reasons that are disputed, the tribe and social workers initially were unaware... |
2013 |
| |
Indian Child Welfare Act -- Termination of Parental Rights -- Adoptive Couple V. Baby Girl |
127 Harvard Law Review 368 (November, 2013) |
In the decades leading up to 1978, large numbers of Indian families were broken up through forced adoption or foster-care placement of Indian children, usually in non-Indian homes. To stem this wholesale removal of Indian children, Congress enacted the Indian Child Welfare Act of 1978 (ICWA), which sets rigorous standards to govern state court... |
2013 |
| Matthew L.M. Fletcher |
Indian Courts and Fundamental Fairness: Indian Courts and the Future Revisited |
84 University of Colorado Law Review 59 (Winter, 2013) |
This article comes out of the University of Colorado Law Review's symposium issue honoring the late Dean David H. Getches. It begins with Dean Getches's framework for analyzing Indian courts. I revisit Indian Courts and the Future, the 1978 report drafted by Dean Getches, and the historic context of the report. I compare the 1978 findings to the... |
2013 |
| J. Harold McClure |
Indian Intercompany Loans Litigation |
24 Journal of International Taxation 60 (June, 2013) |
The Indian tax courts have wrestled with one legal issue and two economic issues regarding the extension of intercompany loans by Indian parent companies to their foreign affiliates. The decision by the Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) in Tata Autocomp Systems Limited is the most recent Indian court case involving... |
2013 |
| J. Harold McClure |
Indian Transfer Pricing Cases: Good News for Well-articulated Tnmm Approaches |
24 Journal of International Taxation 35 (March, 2013) |
When facts support a modest markup over operating expenses for the provision of services, and the transfer pricing report is well articulated, the Indian courts tend to respect intercompany pricing even if the Indian tax authorities attack it. Multinationals often establish foreign affiliates to perform services on behalf of the parent, with the... |
2013 |
| Oswaldo R. Ruiz-Chiriboga |
Indigenous Corporal Punishment in Ecuador and the Prohibition of Torture and Ill Treatment |
28 American University International Law Review 975 (2013) |
I. INTRODUCTION. 976 II. LEGAL PLURALISM IN ECUADOR. 981 III. INTERNATIONAL INSTRUMENTS THAT PROTECT THE RIGHT TO MAINTAIN INDIGENOUS LAWS. 983 IV. TORTURE IN INTERNATIONAL AND ECUADORIAN LAW. 986 A. Torture and Culture. 990 1. The Changing Nature of Torture. 991 2. Lawful Sanctions. 995 a. Corporal Punishment. 996 b. Imprisonment. 1000 c. Death... |
2013 |
| Upasana Khatri |
Indigenous Peoples' Right to Free, Prior, and Informed Consent in the Context of State-sponsored Development: the New Standard Set by Sarayaku V. Ecuador and its Potential to Delegitimize the Belo Monte Dam |
29 American University International Law Review 165 (2013) |
I. INTRODUCTION. 166 II. BACKGROUND. 168 A. The Belo Monte Hydroelectric Project. 168 1. The Development of the Controversial Dam. 168 2. Projected Impacts of the Belo Monte Dam. 173 B. The Right to Free, Prior, and Informed Consent and Its Legal Underpinnings. 176 1. The American Convention on Human Rights: Article 21 and Its Interpretive History.... |
2013 |
| Jacinta Ruru |
Indigenous Restitution in Settling Water Claims: the Developing Cultural and Commercial Redress Opportunities in Aotearoa, New Zealand |
22 Pacific Rim Law & Policy Journal 311 (March, 2013) |
Water is important to all peoples, including indigenous peoples. In recent years, the government in Aotearoa, New Zealand has utilized various cultural redress-type legal mechanisms to recognize and revive the importance of water to the Maori people's identity, health, and wellbeing. These mechanisms create revolutionary modern... |
2013 |
| Dinisha L. Fernando |
Intellectual Property and the Protection of Indigenous Culture in the United States and New Zealand: an Effective Solution for Indigenous Communities? |
12 Cardozo Public Law, Policy and Ethics Journal 149 (Fall 2013) |
Introduction. 149 I. Indigenous Communities and the Protection of their Culture and Traditions. 151 II. The Rights of the Maori in New Zealand National Law. 158 III. The Rights of Native Americans in United States National Law. 168 IV. The Effectiveness of Intellectual Property in Protecting Indigenous Cultural Property. 178 Conclusion. 180 |
2013 |
| William Wood |
IT WASN'T AN ACCIDENT: THE TRIBAL SOVEREIGN IMMUNITY STORY |
62 American University Law Review 1587 (August, 2013) |
In its latest pronouncement on the subject, the Supreme Court suggested in Kiowa Tribe of Oklahoma v. Manufacturing Technologies that tribal sovereign immunity is an accidental doctrine that developed with little analysis or reasoning. The Court, however, overlooked important history, context, and (some of its own) precedent which shows that the... |
2013 |
| Kirsten Matoy Carlson |
Jurisdiction and Human Rights Accountability in Indian Country |
2013 Michigan State Law Review 355 (2013) |
Introduction. 355 I. The Enforcement Environment, Human Rights, and Human Rights Accountability in Indian Country. 362 A. The Enforcement Environment in Indian Country. 363 B. Government Accountability for Private Acts of Violence Under International Law. 367 C. Federal Barriers to Tribal Criminal Authority Undermine Human Rights Accountability.... |
2013 |
| Danielle C. Davis |
Land in the Second Decade: the Evolution of Indigenous Property Rights and the Energy Industry in the United States and Brazil |
34 Energy Law Journal 667 (2013) |
I. Introduction. 667 II. Background. 669 A. Historical Indigenous Property Rights and the Discovery Doctrine. 669 1. Discovery of the Americas and Subsequent Colonialism. 669 2. Concepts of Property, Mineral Rights, and State Ownership. 670 3. The Discovery Doctrine. 671 B. The Pre-Declaration Era of International Interest in Indigenous Rights. 673... |
2013 |
| Kristen A. Carpenter , Eli Wald |
Lawyering for Groups: the Case of American Indian Tribal Attorneys |
81 Fordham Law Review 3085 (May, 2013) |
Lawyering forgroups, broadly defined as the legal representation of a client who is not an individual, is a significant and booming phenomenon. Encompassing the representation of governments, corporations, institutions, peoples, classes, communities, and causes, lawyering for groups is what many, if not most, lawyers do. And yet, the dominant... |
2013 |
| Kristen A. Carpenter , Eli Wald |
LAWYERING FOR GROUPS: THE CASE OF AMERICAN INDIAN TRIBAL ATTORNEYS |
81 Fordham Law Review 3085 (May, 2013) |
Lawyering forgroups, broadly defined as the legal representation of a client who is not an individual, is a significant and booming phenomenon. Encompassing the representation of governments, corporations, institutions, peoples, classes, communities, and causes, lawyering for groups is what many, if not most, lawyers do. And yet, the dominant... |
2013 |
| Susann Funderud Skogvang |
Legal Questions Regarding Mineral Exploration and Exploitation in Indigenous Areas |
22 Michigan State International Law Review 321 (2013) |
Introduction. 321 I. Current Interest on the Topic. 322 L1-2 II. International Legal Framework and Standards A. Generally. 327 B. Applicable Substantial Rights. 328 1. Superior Principles. 328 2. Right to Property. 330 3. Right to Culture. 333 4. Right to Self-Determination. 335 C. Applicable Procedural Rights. 336 D. U.N. Guiding Principles on... |
2013 |
| Uday Chandra |
Liberalism and its Other: the Politics of Primitivism in Colonial and Postcolonial Indian Law |
47 Law and Society Review 135 (March, 2013) |
Liberalism is widely regarded as a modern intellectual tradition that defends the rights and freedoms of autonomous individuals. Yet, in both colonial and postcolonial contexts, liberal theorists and lawmakers have struggled to defend the rights and freedoms of political subjects whom they regard as primitive, backward, or indigenous.... |
2013 |
| Sally Harrison |
May I See Your Id? How Voter Identification Laws Disenfranchise Native Americans' Fundamental Right to Vote |
37 American Indian Law Review 597 (2012-2013) |
Voter identification (ID) laws played a contentious role in the recent 2012 presidential election. It is uncertain whether these laws will emerge from the courts unscathed, but it is certain that voter ID laws have a negative impact on the ability of Native Americans to vote. The right to vote is one of the pillars upon which our democratic... |
2013 |
| by Steven D. Schwinn, The John Marshall Law School, Chicago, IL |
Michigan |
41 No.3 Preview of United States Supreme Court Cases 135 (12/2/2013) |
Federal law provides for federal court jurisdiction over cases involving federal statutes, and cases to enjoin certain gaming activities on Indian lands. At the same time, Indian tribes enjoy tribal sovereign immunity from certain suits. This case tests the extent of both federal jurisdiction and Indian tribal sovereign immunity. The State of... |
2013 |
| Lindsey Schuler |
Modern Age Protection: Protecting Indigenous Knowledge Through Intellectual Property Law |
21 Michigan State International Law Review 751 (2013) |
Abstract. 752 Introduction, to a Modern Age 752 I. Background: Development of Domestic, Sui Generis, and International Intellectual Property Law Protection. 753 A. United States Intellectual Property Forms and Definitions. 753 B. Sui Generis. 755 C. International Intellectual Property Protections. 757 1. World Trade Organization. 758 2. World... |
2013 |