AuthorTitleCitationSummaryYear
Megan H. Dearth Defending the "Indefensible": Replacing Ethnocentrism with a Native American Cultural Defense 35 American Indian Law Review 621 (2010-2011) Throughout history, federal Indian policy has vacillated between separation and assimilation. Sometimes federal and state governments recognize and promote tribal sovereignty, while other times, the policy favors assimilation into the dominant culture over individualism. Currently, the policy is one of self-determination, geared toward restoring... 2011
Katharine C. Oakley Defining Indian Status for the Purpose of Federal Criminal Jurisdiction 35 American Indian Law Review 177 (2010-2011) At first glance, there appears to be something odd about a court of law in a diverse nation such as ours deciding whether a specific individual is or is not an Indian. Yet, given the long and complex relationship between the government of the United States and the sovereign tribal nations within its borders, the criminal jurisdiction of the... 2011
Raymond Cross Development's Victim or its Beneficiary?: the Impact of Oil and Gas Development on the Fort Berthold Indian Reservation 87 North Dakota Law Review 535 (2011) With an education, you become the white man's equal. Without it you remain his victim.-- Crow Chief, Plenty Coups I. INTRODUCTION. 536 II. WHY DEVELOPMENT IS DIFFERENT ON THE FORT BERTHOLD INDIAN RESERVATION. 541 A. The Tribal People's Unbreakable Geographic Ties to the Fort Berthold Indian Reservation. 542 1. Their Treaty-Based Geographic Ties... 2011
Jay Pinkert Digital Immigrants, Digital Natives, and Emerging Opportunities in Legal Technology 74 Texas Bar Journal 564 (July, 2011) Mention the rapidly growing influence of technology in the legal profession and a flood of topics spring to mind--social media, virtual practices, cloud computing, mobile devices. The most transformational agent in legal technology, however, likely is not the technology itself, but the demographics of technology. Analysis of how different age... 2011
Bernard Duhaime, Josée-Anne Riverin Double Discrimination and Equality Rights of Indigenous Women in Quebec 65 University of Miami Law Review 903 (Spring 2011) I. Introduction. 903 II. Indigenous Women Face Double Discrimination. 905 III. Why Address Equality Rights of Indigenous Women from an Intersectional Approach?. 909 IV. Overview of Three Situations of Double Discrimination Faced by Indigenous Women in Quebec. 912 A. The Transmission of Indigenous Women's Indian Status Under the Federal Indian... 2011
  Dr. Andrew P. Mullins Jr. 81 Mississippi Law Journal 87 (2011) Nobody loves the University of Mississippi more than Robert Khayat. During his fourteen-year tenure as chancellor, he demonstrated that love every day, and I truly believe that everything he did and each decision he made had the advancement of Ole Miss as the ultimate goal. His love was Ole Miss and his overriding passion was the way it looked--the... 2011
  Dr. Carolyn Ellis Staton 81 Mississippi Law Journal 83 (2011) Having spent the better part of four decades on the Ole Miss campus, Robert Khayat, upon becoming chancellor, already knew all of the university's positives and negatives, nooks and crannies, and successes and failures. His belief in the potential of the university was unparalleled, and he had a keen sense that Ole Miss could be more than a solid... 2011
Rahul Dutta Due Diligence Threads in Indian Ip Laws 46 les Nouvelles 54 (March, 2011) Ignorance of the law is not an excuse. This [in] famous saying has a lot to offer regarding ignorance in a world where the laws are territorial, but the business is across the territorial limits. The knowledge of the laws of a territory is increasingly becoming important before entering into the foreign waters. In fact such legal inputs have become... 2011
Nick Robinson , Varun Gauri Education, Labor Rights, and Incentives: Contract Teacher Cases in the Indian Courts 32 Comparative Labor Law and Policy Journal 991 (Summer 2011) Since the liberalization of India's economy beginning in the early 1990s, the government has increasingly employed contract workers to perform various state functions, from cleaning sewers to collecting taxes. The education sector has been no different. Contract, or ad hoc, teachers have become an ever-more-visible face in India's public schools.... 2011
Elizabeth Ann Kronk Effective Access to Justice: Applying the Parens Patriae Standing Doctrine to Climate Change-related Claims Brought by Native Nations 32 Public Land & Resources Law Review Rev. 1 (2011) Tribes in Alaska are facing nothing less than the loss of their entire culture. - National Tribal Air Association (2009) Native Nations, who often foretell the fate of the rest of the world, are experiencing profound impacts likely related to climate change. In the Inuit village of Shishmaref, Alaska, which has been inhabited for over 4,000 years,... 2011
Cesar Rodriguez-Garavito Ethnicity.gov: Global Governance, Indigenous Peoples, and the Right to Priorm Consultation in Social Minefields 18 Indiana Journal of Global Legal Studies 263 (Winter, 2011) This article explores law's protagonism and effects in contemporary conflicts over development, natural resource extraction, and indigenous peoples' rights. It focuses on the sociolegal site where these conflicts have been most visible and acute: consultations with indigenous peoples prior to the undertaking of economic projects that affect them. I... 2011
Guillermo de la Pena Ethnographies of Indigenous Exclusion in Western Mexico 18 Indiana Journal of Global Legal Studies 307 (Winter, 2011) In 1992 and 2001, the National Congress of Mexico approved several amendments to the constitution concerning the legal status and rights of indigenous peoples. However, the specific institutional aspects and practical implications of these changes were left to state legislatures, which have responded slowly and unevenly. A particular problem has... 2011
Supriya Routh Experiential Learning Through Community Lawyering: a Proposal for Indian Legal Education 24 Pacific McGeorge Global Business & Development Law Journal 115 (2011) I. Introduction. 116 II. Defining Community Lawyering. 118 III. The Context of Community Lawyering. 121 A. The Need for Community Lawyering. 121 B. Values Attached to the Concept. 121 C. Differences from Other Modes of Advocacy. 122 D. Challenges of Community Lawyering. 123 E. Different Discourses of Community Lawyering. 124 F. The Concept of... 2011
Hon. Elizabeth Ann Kronk Failure to Progress: a Renewed Call for American Indians and Alaskan Natives on the Federal Bench 58-APR Federal Lawyer Law. 6 (March/April, 2011) Many notable firsts have happened over the last six years--including the election of the first African-American President, appointment and confirmation of the first African-American U.S. attorney general, and the appointment of two more women to serve as U.S. Supreme Court justices, bringing the total to three women on the Court for the first time... 2011
Jacinta Ruru Finding Support for a Changed Property Discourse for Aotearoa New Zealand in the United Nations Declaration on the Rights of Indigenous Peoples 15 Lewis & Clark Law Review 951 (Winter, 2011) In the South Pacific Ocean lie the lands my peoples come from--Aotearoa New Zealand. These mountains, rivers, valleys, and coastlines hold our stories and laws. These lands give us our life, identity, and knowledge. For the past two centuries, we have shared these lands with other peoples. As these peoples became more dominant in our lands, we have... 2011
Angela R. Riley Frank Pommersheim, Broken Landscape: Indians, Indian Tribes, and the Constitution. New York: Oxford University Press, 2009, Pp. 424, $35.00 60 Journal of Legal Education 569 (February, 2011) The colonial domination over the original inhabitants of the continent has been a subject of debate and consternation since the time of first contact. After a visit in the early 1800s to the United States, French theorist Alexis de Tocqueville famously wrote in Democracy in America that [t]he expulsion of the Indians often takes place at the... 2011
Jennifer Devroye, Skadden, Arps, Slate, Meagher & Flom LLP Frank Pommersheim, Broken Landscape: Indians, Indian Tribes, and the Constitution. New York: Oxford University Press, 2009. Pp. 424, $35.00 (Isbn 978-0-19-537306-6) 29 Law and History Review 909 (August, 2011) Written as a companion to his 1995 Braid of Feathers, Frank Pommersheim's Broken Landscape: Indians, Indian Tribes, and the Constitution charts the evolution of Native American law and tribal sovereignty in the United States from the colonial to the modern eras. Thoughtfully organized and well written, it gives a comprehensive introduction to the... 2011
Richard L. Barnes From John Marshall to Thurgood Marshall: a Tale of Innovation and Evolution in Federal Indian Law Jurisdiction 57 Loyola Law Review 435 (Fall 2011) Thurgood Marshall was the first African-American appointed to the United States Supreme Court. As the first African-American Justice, his historical role is assured, but his legacy is broader. This Article examines one piece of that legacy with one question in mind: Is it plausible that his role as a first influenced his opinions for the Court in... 2011
Megan Scanlon From Theory to Practice: Incorporating the "Active Efforts" Requirement in Indian Child Welfare Act Proceedings 43 Arizona State Law Journal 629 (Summer 2011) Poverty, poor housing, lack of modern plumbing, and overcrowding are often cited by social workers as proof of parental neglect and are used as grounds for beginning custody proceedings. In a recent California case, the State tried to apply poverty as a standard against a Rosebud Sioux mother and child. At the mother's bidding, the child's aunt... 2011
Priti Nemani Globalization Versus Normative Policy: a Case Study on the Failure of the Barbie Doll in the Indian Market 13 Asian-Pacific Law and Policy Journal 96 (2011) Introduction. 97 I. Globalization and the Multinational. 99 A. Globalization Defined. 99 1. The Key to the Kingdom: The Globalized Brand. 100 B. Barbie in the Global Economy. 102 1. Barbie's History. 102 2. Corporate Philosophy and Marketing Strategies behind Barbie. 105 II. Mattel's Business Ventures in India. 107 A. The Late 1980s: Barbie's Tango... 2011
Rhett B. Larson Holy Water and Human Rights: Indigenous Peoples' Religious-rights Claims to Water Resources 2 Arizona Journal of Environmental Law & Policy 81 (Fall 2011) Water, perhaps more than any other natural resource, has profound religious meaning: in ceremonial uses, as a spiritual symbol, and as an object of worship. The scarcity of legal scholarship regarding the nexus between religious rights and water law is therefore curious. This paper examines that nexus and its implications in the context of... 2011
Ann E. Tweedy Hostile Indian Tribes . . . Outlaws, Wolves, . . . Bears . . . Grizzlies and Things like That? How the Second Amendment and Supreme Court Precedent Target Tribal Self-defense 13 University of Pennsylvania Journal of Constitutional Law 687 (March, 2011) I. Introduction. 690 A. Definitions of Self-Defense . 692 B. The Second Amendment. 692 C. The Justices' Perceptions of Tribes in District of Columbia v. Heller. 694 D. Erasure of Tribes in McDonald v. City of Chicago. 696 II. The Mythology of the Colonists' Need for Self-Defense. 697 A. The Colonial Concept of Self-Defense Related Directly to... 2011
Samuel E. Ennis Implicit Divestiture and the Supreme Court's (Re)construction of the Indian Canons 35 Vermont Law Review 623 (Spring, 2011) Taken together, the Indian canons of construction and the doctrine of implicit divestiture seem paradoxical. On the one hand, the Indian canons, rules of statutory construction originally developed to protect Indian tribes from unscrupulously drafted statutes and treaties, protect tribal sovereignty against non-Indian encroachment. On the other,... 2011
Robert A. Yingst In the Courts of the Conqueror: the 10 Worst Indian Law Cases Ever Decided by Walter R. Echo-hawk (Golden, Co: Fulcrum Books, 2010). 576 Pgs. $35. Order 84-JUN Wisconsin Lawyer 34 (June, 2011) It is difficult to read In the Courts of the Conqueror: The 10 Worst Indian Law Cases Ever Decided without feeling conflicted, especially if you are white. Nevertheless, whatever your ethnic heritage, you will be challenged if you read this book. I promise. Having been a white civil rights lawyer in what the author calls the Courts of the... 2011
Erin B. Agee In the Federal Government We Trust? Federal Funding for Tribal Water Rights Settlements and the Taos Pueblo Indian Water Rights Settlement Act 21 Cornell Journal of Law & Public Policy 201 (Fall 2011) Today's relationship between federally recognized Indian tribes and the federal government is complex. Tribes must be able to decide how they wish to manage their water resources, and yet the federal-tribal trust relationship means tribes also rely on the federal government to act in their best interests regarding these water resources. As... 2011
Daniel K. Oakes Inching Toward Balance: Reaching Proper Reform of the Alaska Native Corporations' 8(a) Contracting Preferences 40 Public Contract Law Journal 777 (Spring, 2011) I. Alaska and the ANCSA. 779 II. The Small Business Administration and the 8(a) Business Development Program. 781 A. Creation of the 8(a) Program and Participation Benefits. 781 B. Eligibility Requirements. 782 III. ANC Contracting Preferences. 782 A. Relaxed Admissions and Eligibility Requirements. 782 1. Economic Disadvantage. 782 2. Size and... 2011
Amelia C. Rendeiro Indian Arbitration and "Public Policy" 89 Texas Law Review 699 (February, 2011) Parties choose arbitration for its finality, efficiency, and relative economy. The significance of these considerations is amplified where, as in India, the judiciary is notoriously backlogged and dispute resolution through traditional forums is infamously slow. The state's vital interest in equitable dispute resolution often comes into conflict... 2011
Carol Juneau , Denise Juneau Indian Education for All: Montana's Constitution at Work in Our Schools 72 Montana Law Review 111 (Winter 2011) Montana is a leader in education in many respects. The Montana Constitution requires a quality education for all Montana citizens and guarantees educational opportunity for all students regardless of their geographical location, economic status, or heritage. However, Montana is particularly notable across the country for having a constitutional... 2011
Matthew A. King Indian Gaming and Native Identity 30 Chicana/o-Latina/o Law Review Rev. 1 (2011) Indian gaming is a twenty-six billion dollar a year industry. Between 2006 and 2010, revenues from Indian gaming increased by more than six percent even as many states where Indian gaming is conducted suffered from severe budgetary crises in the wake of a general economic downturn. Amidst this background of Indian gaming's apparent profitability... 2011
  Indian Law 38 No.8 Preview of United States Supreme Court Cases 361 (8/6/2011) Overview: The Court of Federal Claims (CFC) has jurisdiction over claims for money damages against the government, but it cannot hear any claim for or in respect to which the plaintiff has a suit pending in another court. The plaintiff had one suit for equitable relief pending in a district court when it sued on the same underlying facts in the... 2011
Marc M. Levey and Brian P. Arthur Indian Supreme Court Sets Aside High Court Ruling in Maruti Suzuki-what's next for Marketing Intangibles? 22 Journal of International Taxation 24 (January, 2011) Benchmarking an entity's activities against industry comparables assumes that the tested party is performing simple functions; doing so for a company's activities that produce marketing intangibles undermines the valuable function that the entity is performing. In the October 2010 issue of the Journal, the authors commented on the marketing... 2011
Carol Wild Scott Indian Veterans' Issues Are Indian Law Issues 58-APR Federal Lawyer 42 (March/April, 2011) It was a very hot, dry, dusty July afternoon a few years ago. My husband, a veteran and a member of the Mountain Assiniboine tribe, was showing me around his reservation in Montana. The road was virtually empty, shimmering in the heat. An old man was standing by the road, looking for a ride. In response to my inquiry about who would be out here... 2011
Inter-American Commission on Human Rights Indigenous and Tribal Peoples' Rights over Their Ancestral Lands and Natural Resources: Norms and Jurisprudence of the Inter-american Human Rights System 35 American Indian Law Review 263 (2010-2011) I. Introduction. 265 II. Sources of Law. 268 A. Inter-American Human Rights Instruments. 268 B. ILO Convention No. 169. 272 C. Other International Treaties and Pronouncements of Treaty Bodies. 273 D. International Customary Law. 275 E. Other International Instruments. 276 F. Domestic Law. 278 III. Definitions. 278 A. Indigenous Peoples; Tribal... 2011
Akilah Jenga Kinnison Indigenous Consent: Rethinking U.s. Consultation Policies in Light of the U.n. Declaration on the Rights of Indigenous Peoples 53 Arizona Law Review 1301 (2011) In December 2010, the United States endorsed the United Nations Declaration on the Rights of Indigenous Peoples. The U.N. Declaration articulates a framework of indigenous rights founded in the right to self-determination. Specific corollary rights flow from the right to self-determination. Among these is indigenous peoples' right to free and... 2011
Sean Burke Indigenous Reparations Re-imagined: Crafting a Settlement Mechanism for Indigenous Claims in the Inter-american Court of Human Rights 20 Minnesota Journal of International Law 123 (Winter 2011) Since the advent of the Inter-American Commission of Human Rights (IACHR/ the Commission) and the Inter-American Court of Human Rights (IACtHR/ the Court), these two organs of the Organization of American States (OAS) have addressed human rights promotion and protection in the member States of the OAS. Together, the IACHR and the IACtHR... 2011
Robert Snyder International Legal Regimes to Manage Indigenous Rights and Arctic Disputes from Climate Change 22 Colorado Journal of International Environmental Law and Policy Pol'y 1 (Winter 2011) With warming temperatures, ice has begun to recede revealing Arctic riches. To obtain these riches, Arctic states have begun posturing themselves to obtain the most favorable Exclusive Economic Zone possible. However, the maritime borders that form the Exclusive Economic Zones threaten to cut off indigenous peoples from the resources that they have... 2011
Taiawagi Helton Introduction to the Iachr Report on Indigenous and Tribal Peoples' Rights over Their Ancestral Lands and Natural Resources: Norms and Jurisprudence of the Inter-american Human Rights System 35 American Indian Law Review 257 (2010-2011) From their beginning, relations between tribal nations and the United States have been international, involving political interactions among peoples, often through formal treaties. As the United States expanded across North America to the exclusion of European sovereigns, however, U.S.-Indian relations came to be viewed as a domestic matter,... 2011
Nicholas Buchanan , Eve Darian-Smith Introduction: Law and the Problematics of Indigenous Authenticities 36 Law and Social Inquiry 115 (Winter, 2011) While law has long played a role in forging and perpetuating hierarchies between colonizers and colonized, not only in the past but also in the present day, this long-standing asymmetry of power is increasingly being challenged by Native peoples, who are employing law as a technology of empowerment. And increasingly, indigenous groups are making... 2011
Ashley Gardana Is Newer Technology Always Better?: Why Indigenous Peoples' Technology Should Be Incorporated into the International Fight Against Climate Change 11 Sustainable Development Law & Policy 64 (Winter, 2011) In 2010, with the aim of deviating from business as usual, the member states of the United Nations Framework Convention on Climate Change (Convention) gathered in Cancun, Mexico. The Convention currently consists of two tracks, the Ad Hoc Working Group under the Kyoto Protocol (AWG-KP) and the Ad Hoc Working Group on Long-term Cooperative... 2011
  J. Warner Alford Jr. 81 Mississippi Law Journal 91 (2011) With the help of a young lady named Barbara Jean Hill--a classmate of mine at McComb High--I first met Robert Khayat in 1955 during my senior year of high school. Barbara Jean had an aunt and uncle in Moss Point, whom she would often visit. When Barbara Jean would visit Moss Point, Robert--then the big man on campus at Moss Point High--would show... 2011
Patty D. Cafferata, Esq. Judge Joseph "Joe" Van Walraven 19-AUG Nevada Lawyer 37 (August, 2011) Judge Joe Van Walraven opens his spacious courtroom for inspection. He presides behind a rich, golden-colored, wood bench adorned with the Reno-Sparks Indian Colony's seal. The room has a six-seat jury box with six chairs in front for potential jurors to sit in during jury selection. The courtroom is outfitted with counsel tables and ample chairs,... 2011
Cheyañna L. Jaffke Judicial Indifference: Why Does the "Existing Indian Family" Exception to the Indian Child Welfare Act Continue to Endure? 38 Western State University Law Review 127 (Spring 2011) I. Introduction II. The Remedy for Judicial Ignorance: The Indian Child Welfare Act and Its History. 129 A. The Need for the Indian Child Welfare Act. 129 B. The Indian Child Welfare Act. 131 C. The Application of the Indian Child Welfare Act. 134 D. The Indian Child Welfare Act Is Still Necessary. 135 E. The existing Indian family Exception. 136... 2011
Aaron Drue Johnson Just Say No (To American Capitalism): Why American Indians Should Reject the Model Tribal Secured Transactions Act and Other Attempts to Promote Economic Assimilation 35 American Indian Law Review 107 (2010-2011) The economic plight of most American Indians is well documented and widely known. Efforts undertaken by private citizens and the United States government have done little to combat the cycle of poverty. Recently, the National Conference of Commissioners for Uniform Commercial Laws (NCCUSL) has proposed its own solution to the poverty conundrum: the... 2011
Michael C. Duma Kansas' Criminal Jurisdiction in Indian Country: Why the Kansas Act [18 U.s.c. § 3243] Is Unnecessary, Outdated, and Unfair 50 Washburn Law Journal 685 (Spring 2011) State jurisdiction erodes tribal self-government and federal protection, both of which federal policy has long favored and which are important aspects of the trust relationship between the tribes and the United States. There are 564 federally recognized Indian tribes located within the United States. Congress is charged with the duty of defining... 2011
Melody Kapilialoha MacKenzie Ke Ala Pono - the Path of Justice: the Moon Court's Native Hawaiian Rights Decisions 33 University of Hawaii Law Review 447 (Summer, 2011) In the fall of 2008, hundreds of Native Hawaiians and their supporters lined the streets near the Hawai'i State Capitol wearing red T-shirts with the words K I Ka Pono printed across the front and holding signs reading, Justice for Hawaiians and Ceded Lands Are Stolen Lands. The demonstrators were showing their support for a unanimous opinion... 2011
Larry Nesper Law and Ojibwe Indian "Traditional Cultural Property" in the Organized Resistance to the Crandon Mine in Wisconsin 36 Law and Social Inquiry 151 (Winter, 2011) Section 106 of the 1966 National Historic Preservation Act (NHPA) requires that federal agencies must take into account the impact of their regulatory actions on historical properties, among them the traditional cultural properties of American Indian tribes. Conceiving of tribes' own social practices in terms of property creates the possibility... 2011
José Manuel Pérez Fernández Linguistic Rights of Indigenous Peoples in the States of Latin America 6 Intercultural Human Rights Law Review 379 (2011) The protection of language rights of speakers of indigenous languages has experienced important developments in the Latin American sphere, which has served as a framework for the whole process of recognition of cultural and ethnical identity of Indigenous Peoples. This reflects a rejection of assimilation, and an assertion of multicultural and... 2011
P.G. McHugh, Sidney Sussex College, University of Cambridge Lisa Ford, Settler Sovereignty: Jurisdiction and Indigenous People in America and Australia, 1788-1836. Cambridge, Mass.: Harvard University Press, 2010. Pp. 324. $49.95 (Isbn 878-0-674-03565-2) 29 Law and History Review 313 (February, 2011) Lisa Ford has written an important and readable history of the role of law in the transition from an imperial setting to an early national one in which the authority of the Anglo settler polity is consolidating and intensifying its juridical command over its territory and inhabitants. The settings are the state of Georgia and the British colony of... 2011
Lillian Marquez Making "Bad Men" Pay: Recovering Pain and Suffering Damages for Torts on Indian Reservations under the Bad Men Clause 20 Federal Circuit Bar Journal 609 (2011) Of the many peace treaties that the U.S. government created with existing bands of people in unacquired territories, nine explicitly provide for indemnification by the federal government for virtually any wrong committed against a member of a signatory tribe. Since the years in which the nine treaties were signed, this indemnification clause has... 2011
Gregory Ablavsky Making Indians "White": the Judicial Abolition of Native Slavery in Revolutionary Virginia and its Racial Legacy 3 159 University of Pennsylvania Law Review 1457 (April, 2011) Introduction. 1458 I. The Hidden History of Indian Slavery in Virginia. 1463 A. The Origins of Indian Slavery in Early America. 1463 B. The Legal History of Indian Slavery in Virginia. 1467 C. Indians, Africans, and Colonial Conceptions of Race. 1473 II. Robin v. Hardaway, Its Progeny, and the Legal Reconceptualization of Slavery. 1476 A. Indian... 2011
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