| Author | Title | Citation | Summary | Year |
| Ashley E. Brennan |
Child Abuse Is Color Blind: Why the Involuntary Termination of Parental Rights Provision of the Indian Child Welfare Act Should Be Reformed |
89 University of Detroit Mercy Law Review 257 (Winter 2012) |
I. Purpose of the ICWA. 258 II. ITPR Proceedings--In General. 261 A. ITPR Proceedings in Michigan. 261 B. ITPR Proceedings Pursuant to the ICWA. 263 C. Three Key Differences between ICWA and Michigan ITPR Laws. 265 III. The Need for Reform. 267 A. Statistical Illustrations. 267 B. The Purposes Underlying the Enactment of the ICWA do not Support the... |
2012 |
| Andrea K. Wilkins |
Children, Tribes, and States: Adoption and Custody Conflicts over American Indian Children by Barbara Ann Atwood 315 Pp.; $42 Carolina Academic Press, 2010 700 Kent St., Durham, Nc 27701 (919) 489-7486 |
41-JAN Colorado Lawyer 85 (January, 2012) |
Children, Tribes, and States, by Barbara Ann Atwood, provides an overview of some of the basic holdings of American Indian law, including those involving Indian identity as a legal and political status, tribal sovereignty, questions of jurisdiction, and the intersection of tribal, state, and federal law involving implementation of the Indian Child... |
2012 |
| S. James Boumil III |
China's Indigenous Innovation Policies under the Trips and Gpa Agreements and Alternatives for Promoting Economic Growth |
12 Chicago Journal of International Law 755 (Winter 2012) |
China's intricate web of Indigenous Innovation policies affords preferences in government procurement to certain high-technology products whose intellectual property is owned or registered in China. While the the policies were intended to strengthen China's national economy, they have been heavily criticized, notably by the US and the EU, as a... |
2012 |
| M. Brent Leonhard |
Closing a Gap in Indian Country Justice: Oliphant, Lara, and Doj's Proposed Fix |
28 Harvard Journal on Racial & Ethnic Justice 117 (Spring 2012) |
I. Introduction. 118 II. A Problem That Desperately Needs Fixing. 120 III. Parsing Oliphant. 122 a. The Facts. 123 b. The Appellate Court Decision and Argument of the Parties before the United States Supreme Court. 124 c. The Majority Opinion. 126 i. Footnote six. 126 ii. The new phenomenon /tribes had no laws assertion. 127 iii. Footnote... |
2012 |
| |
Closing Plenary--indigenous Peoples and International Law: a Conversation with Un Special Rapporteur James Anaya and Inter-american Commission Rapporteur Dinah Shelton |
106 American Society of International Law Proceedings 525 (March 28-31, 2012) |
This panel was convened at 11:00 a.m., Saturday, March 31, by its moderator, N. Bruce Duthu of the Native American Studies Program, Dartmouth College, who introduced the speakers: James Anaya, UN Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous Peoples; and Dinah Shelton, Rapporteur on the Rights of... |
2012 |
| Clare Boronow |
Closing the Accountability Gap for Indian Tribes: Balancing the Right to Self-determination with the Right to a Remedy |
98 Virginia Law Review 1373 (October, 2012) |
WITH the adoption of the United Nations (UN) Declaration on the Rights of Indigenous Peoples by the General Assembly in 2007 and the subsequent endorsement of the four holdout States--Australia, New Zealand, Canada, and the United States--there is nearly universal acknowledgement of the fundamental rights of indigenous peoples. The Declaration is... |
2012 |
| Mark Harris |
Cluster Introduction: Indigenous Populations and Injustice's Global Borders |
42 California Western International Law Journal 437 (Spring 2012) |
In this twenty-first century, the violence and injustices first visited upon Indigenous Peoples some six centuries ago continue to be played out globally. Across the Americas, to the settler colonies of the British Commonwealth, and to the European outposts in Africa and the Middle East, we see a consistent theme of dispossession, forced labour,... |
2012 |
| Jide James-Eluyode |
Collective Rights to Lands and Resources: Exploring the Comparative Natural Resource Revenue Allocation Model of Native American Tribes and Indigenous African Tribes |
29 Arizona Journal of International and Comparative Law 177 (Spring, 2012) |
One of the most important and conspicuous developments in the sphere of contemporary international human rights can be attributed to the recognition of indigenous rights as a distinct regime of collective human rights of peoples and of indigenous peoples as special subjects of international concern. Despite these landmark developments, the rights... |
2012 |
| Rishi R. Gupta |
Compulsory Licensing in Trips: Chinese and Indian Comparative Advantage in the Manufacture and Exportation of Green Technologies |
12 Sustainable Development Law & Policy 21 (Spring, 2012) |
Challengers to the United States' global influence, such as Brazil, China, and India, have criticized heavy polluters like the United States and the United Kingdom for significantly contributing to the world's total carbon emissions but failing to share its green technologies with the rest of the world. Utilizing Rio+20 to redefine Article 31(b) of... |
2012 |
| |
Concluding Discussion of Guatemala's Report, Human Rights Experts Pose Questions on Human Rights Defenders, Addressing Conflict's Aftermath, Indigenous Rights |
18 Law & Business Review of the Americas 125 (Winter 2012) |
Following Two-Day Consideration, Delegation Says Mindset Truly Changed; State of Denial Replaced by Genuine Desire to Build Society That Protects Human Rights AS it concluded discussion on Guatemala's third periodic report today, the Human Rights Committee commended the country for putting in place legislative measures to improve its compliance... |
2012 |
| Stuart Schüssel |
Copyright Protection's Challenges and Alaska Natives' Cultural Property |
29 Alaska Law Review 313 (December, 2012) |
There is something immediately distinctive about the Northwest Coast Barbie. While she shares the same impossible physique and high heels common to Mattel's iconic product line, the Northwest Coast Barbie sports a dark complexion, and her black hair falls onto an earthy, patterned Chilkat blanket. The box identifies this particular Barbie as a... |
2012 |
| Blake F. Quackenbush |
Cross-border Insolvency & the Eligibility of Indian Tribes to Use Chapter 15 of the Bankruptcy Code |
29 Thomas M. Cooley Law Review 61 (2012) |
Introduction. 62 I. Are Indian Tribes Eligible for Relief Under the Bankruptcy Code?. 62 A. The Majority of Bankruptcy Scholars Interpret the Bankruptcy Code in a Way that Renders Indian Tribes Ineligible for Relief Under Chapters 7 and 11. 63 B. Bankruptcy Courts Are Beginning to Interpret the Bankruptcy Code in a Manner that Renders Indian Tribes... |
2012 |
| Paula Polasky |
Customary Adoptions for Non-indian Children: Borrowing from Tribal Traditions to Encourage Permanency for Legal Orphans Through Bypassing Termination of Parental Rights |
30 Law & Inequality: A Journal of Theory and Practice 401 (Summer 2012) |
In second grade I learned the word precious. Seeing the definition for the first time, I was overcome with a longing to be precious to somebody. Dear. Beloved. Of great value. I spent my childhood in a series of about 30 placements in foster homes, kinship care, shelter care, correctional institutions, treatment facilities, and group homes. Over... |
2012 |
| Anthony J. Franken |
Dealing with the Whip End of Someone Else's Crazy: Individual-based Approaches to Indian Land Fractionation |
57 South Dakota Law Review 345 (2012) |
Traditional property rights among Native American peoples were complex and varied greatly from tribe to tribe, both in their customs and structures of enforcement. Although decentralized power in the hands of family groups and personal ownership rights were once widespread, the collision with white society upset these practices. Following the... |
2012 |
| Jared E. Knicley |
Debt, Nature, and Indigenous Rights: Twenty-five Years of Debt-for-nature Evolution |
36 Harvard Environmental Law Review 79 (2012) |
Debt-for-nature swaps are an innovative and potentially powerful mechanism for addressing the significant issues of indebtedness and environmental degradation in the developing world. Over the past twenty-five years, debt-for-nature swaps have evolved across many dimensions to their present-day typology of bilateral fund-generators that capitalize... |
2012 |
| Walter Echo-Hawk |
Debunking the Top Ten Reasons Given by Scientists to Keep Dead Indians |
44 Arizona State Law Journal 645 (Summer 2012) |
I would like to welcome everybody here to our panel. We have a very distinguished panel on the institutional compliance and implementation of repatriation laws and repatriation policies. The NAGPRA statute, of course, is the landmark, bellwether federal human rights law that attempts to reverse this one-way transfer of property from Native hands to... |
2012 |
| Sonny Lee Hodgin |
Elder Wisdom: Adopting Canadian and Australian Approaches to Prosecuting Indigenous Offenders |
46 Valparaiso University Law Review 939 (Spring, 2012) |
Life can be difficult for members of the United States' Indigenous population. American Indians suffer from substantial socioeconomic hardships, resulting in disproportionally high rates of crime, victimization, and incarceration. When prosecuted in federal and state courts, Indians are often tried by non-Indian juries with a poor understanding of... |
2012 |
| Lindsey Trainor Golden |
EMBRACING TRIBAL SOVEREIGNTY TO ELIMINATE CRIMINAL JURISDICTION CHAOS |
45 University of Michigan Journal of Law Reform 1039 (Summer 2012) |
American Indians living on reservations experience some of the highest crime rates in the United States. Reservations endure violent crimes, including assault, domestic violence, and rape, at rates 2.5 times higher than the national average. These crimes have an especially strong impact on Indian women: nearly three out of five Indian women are... |
2012 |
| Kouslaa Tunee Kessler-Mata (Chumash/Yokut) |
EMPOWERMENT THROUGH INCORPORATION? THE TROUBLE WITH AGREEMENT MAKING AND TRIBAL SOVEREIGNTY |
47 Tulsa Law Review 599 (Spring 2012) |
In this paper, I consider the ability of formal, institutionalized agreements between tribes and non-federal polities, i.e., states and local governments, to strengthen and secure tribal sovereignty. I argue that agreement making is a form of incorporation that is fundamentally at odds with standard definitions of tribal sovereignty, moving tribes... |
2012 |
| Heather J. Tanana, John C. Ruple |
Energy Development in Indian Country: Working Within the Realm of Indian Law and Moving Towards Collaboration |
32 Utah Environmental Law Review Rev. 1 (2012) |
American Indian tribes are uniquely poised to influence the energy landscape in the twenty-first century. Indian reservations and trust lands outside of Alaska contain a wealth of energy resources, including an estimated four percent of known U.S. oil and gas reserves, forty percent of uranium deposits, and thirty percent of western coal reserves.... |
2012 |
| Robert Gruenig |
Epa's New Air Rules Mean Monumental Changes for Emissions in Indian Country |
43 No.6 ABA Trends Trends 4 (July/August, 2012) |
On July 1, 2011, the U.S. Environmental Protection Agency (EPA) issued a Federal Implementation Plan (FIP), titled Review of New Sources and Modifications in Indian Country. The FIP includes two New Source Review (NSR) rules to address a regulatory gap concerning the emissions of minor and major sources in Indian country. The first rule (Tribal... |
2012 |
| Judith Murphy |
Extending Indigenous Rights by Way of the African Charter |
24 Pace International Law Review 158 (Winter 2012) |
Indigenous peoples make up 350 million of the world's population. While the meaning of indigeneity is contentious for both academics and lawmakers, [t]he term indigenous [is] derived from the Latin indigena and connotes societies with longstanding ties to particular areas of the world. Ancestral origins and traditional systems of tenure define... |
2012 |
| Kelsey J. Waples |
Extreme Rubber-stamping: the Fee-to-trust Process of the Indian Reorganization Act of 1934 |
40 Pepperdine Law Review 251 (2012) |
I. Introduction II. History of Indian Property Rights A. The Removal Era: 1815-1846 B. The Reservation Era: 1871-1928 C. The Allotment and Assimilation Era: 1887-1928 D. The Reorganization Era: 1928-1942 E. The Termination Era: 1943-1961 F. The Self-Determination Era: 1961-Present III. Current State of the Law A. Statutory Framework for the... |
2012 |
| Graham Safty |
Federal Diversity Jurisdiction and American Indian Tribal Corporations |
79 University of Chicago Law Review 1593 (Fall 2012) |
American Indian tribes often have multiple legal identities. First and foremost they are domestic dependent nations with their own constitutions and governing bodies. But many Indian tribes also have a number of separate corporate identities. There are three ways for an Indian tribe to form corporations that are distinct from the domestic... |
2012 |
| Jessica A. R. Hamilton |
Finding New Power in the Wind, the Earth, and the Sun: a Survey of the Regulation of Alternative Energy Generated on American Indian Reservations in the United States and First Nation Reserves in Canada |
44 Connecticut Law Review 1383 (April, 2012) |
Investment in renewable energy resources is becoming increasingly essential for the governments of both the United States and Canada as they search for viable alternatives to traditional, and often foreign-controlled, energy resources. The potential contributions of American Indians and First Nations in the energy sector have been long undervalued... |
2012 |
| Mervin Wright, Jr. |
Finding Our Way Home: Achieving Policy Goals of Nagpra |
44 Arizona State Law Journal 913 (Summer 2012) |
Thank you for holding this hearing on the policy goals of the Native American Graves Protection and Repatriation Act (NAGPRA), a Native American human rights law, and for inviting me to testify. My name is Mervin Wright, Jr. and I am the Vice Chairman for the Pyramid Lake Paiute Tribe. I have worked with the NAGPRA law for nineteen years. In... |
2012 |
| Kevin Naud, Jr. |
Fleeing East from Indian Country: State V. Eriksen and Tribal Inherent Sovereign Authority to Continue Cross-jurisdictional Fresh Pursuit |
87 Washington Law Review 1251 (December, 2012) |
In State v. Eriksen, the Washington State Supreme Court held that Indian tribes do not possess the inherent sovereign authority to continue cross-jurisdictional fresh pursuit and detain a non-Indian who violated the law on reservation land. This Comment argues the Eriksen Court's reliance on RCW 10.92.020 is misplaced. RCW 10.92.020 is... |
2012 |
| Kevin Naud, Jr. |
FLEEING EAST FROM INDIAN COUNTRY: STATE V. ERIKSEN AND TRIBAL INHERENT SOVEREIGN AUTHORITY TO CONTINUE CROSS-JURISDICTIONAL FRESH PURSUIT |
87 Washington Law Review 1251 (December, 2012) |
Abstract: In State v. Eriksen, the Washington State Supreme Court held that Indian tribes do not possess the inherent sovereign authority to continue cross-jurisdictional fresh pursuit and detain a non-Indian who violated the law on reservation land. This Comment argues the Eriksen Court's reliance on RCW 10.92.020 is misplaced. RCW 10.92.020 is... |
2012 |
| George K. Foster |
Foreign Investment and Indigenous Peoples: Options for Promoting Equilibrium Between Economic Development and Indigenous Rights |
33 Michigan Journal of International Law 627 (Summer 2012) |
Introduction. 628 I. The Impacts of FDI and Its Historical Analogs on Indigenous Peoples over Time. 633 A. Conflicts in the Exploration and Colonialism Eras. 633 1. Spanish Conquests in the Americas. 633 2. Anglo-American Colonialism and Expansionism. 635 B. FDI on Indigenous Lands in the Modern Era. 637 1. Investments in Latin America. 637 2.... |
2012 |
| Raymond Cross, University of Montana |
Frank Pommersheim. Broken Landscape: Indians, Indian Tribes, and the Constitution. New York: Oxford University Press, 2009. 424 Pp. $35.00 (Cloth) |
52 American Journal of Legal History 538 (October, 2012) |
Professor Frank Pommersheim's new book eloquently explains how America's Indian peoples became legally and politically enveloped in their present state of dependency on the continued good will of the federal government. He reliably guides his readers though those early U.S. Supreme Court decisions that--based on their expedient adaptation of the... |
2012 |
| Honor Sachs |
Freedom by a Judgment: the Legal History of an Afro-indian Family |
30 Law and History Review 173 (February, 2012) |
On May 2, 1771, John Hardaway of Dinwiddie County, Virginia posted a notice in the Virginia Gazette about a runaway slave. The notice was ordinary, blending in with the many advertisements for escaped slaves, servants, wives, and horses that filled the classified section of the Gazette in the eighteenth century. Like countless other advertisements... |
2012 |
| Allison M. Dussias |
Friend, Foe, Frenemy: the United States and American Indian Religious Freedom |
90 Denver University Law Review 347 (2012) |
In 1990, the Supreme Court decided Employment Division v. Smith, in which the Court concluded that a claim that a neutral and generally applicable criminal law burdens religious conduct need not be evaluated under the compelling interest test set out by the Court in Sherbert v. Verner (1963). The Court relied on two recently decided cases, Bowen... |
2012 |
| Tiernan Mennen , Cynthia Morel |
From M'intosh to Endorois: Creation of an International Indigenous Right to Land |
21 Tulane Journal of International and Comparative Law 37 (Winter, 2012) |
Vestiges of colonial land regimes still plague both developing and industrialised societies and further marginalise vulnerable, indigenous populations worldwide. Recent progressive jurisprudence--in particular the Endorois case out of Kenya--has begun to change this landscape. This Article streamlines the debate on indigenous and native rights to... |
2012 |
| Kim Benita Vera |
From Papal Bull to Racial Rule: Indians of the Americas, Race, and the Foundations of International Law |
42 California Western International Law Journal 453 (Spring 2012) |
The discovery and conquest of the New World marked the inauguration of international law, and constituted a watershed moment in the emergence of race in European thought. What might the coterminous rise of formative moments in race thinking and international law suggest? In my provisional reflections on this question that follow, I trace... |
2012 |
| Laura S. Johnson |
Frontier of Injustice: Alaska Native Victims of Domestic Violence |
8 Modern American Am. 2 (Fall, 2012) |
The village of Nunam Iqua, which means end of the tundra in Yup'ik, is located on a fork of the Yukon River in Alaska, close to the Bering Sea. In October 2005, an Alaska Native resident of Nunam Iqua became violent, beat his wife with a shotgun and raped a 13-year-old girl in front of three other children. Though the villagers called the Alaska... |
2012 |
| Pam Jenoff |
Going Native: Incentive, Identity, and the Inherent Ethical Problem of In-house Counsel |
114 West Virginia Law Review 725 (Winter, 2012) |
I. Introduction. 725 II. Background. 727 A. Evolution of In-House Counsel. 727 B. Roles and Duties. 730 C. Inside and Outside Counsel Contrasted. 732 III. Ethical Obligations and Conflicts. 734 A. Duty of Independence. 734 B. Situational Conflicts. 736 IV. Independence Problem of In-House Counsel. 738 A. Sources of the Conflict. 739 1. Incentive.... |
2012 |
| John R. Runyan Jr. |
Heart of a Native by Tom St. Dennis, Published by Iuniverse/star Bluff Publishing (2012), Softcover, 142 Pages, $12.95 |
91-NOV Michigan Bar Journal 58 (November, 2012) |
You see, the people of my culture have a philosophy, that every act you do should be done with the seven future generations in mind . When his sharp-elbowed mentor dies and he is fired from his job with a large northern Michigan developer, Jack Clay's life undergoes a remarkable metamorphosis. He loses his palatial home, his country club... |
2012 |
| Joseph W. Gross |
Help Me Help You: Why Congress's Attempt to Cover Torts Committed by Indian Tribal Contractors with the Ftca Hurts the Government and the Tribes |
62 American University Law Review 383 (December, 2012) |
Since the Nixon Administration, the U.S. government has attempted to promote tribal self-determination among Native Americans. Under the Indian Self-Determination Act, the tribes can enter into agreements with the federal government to take over services previously provided to the tribes by the Bureau of Indian Affairs (BIA). By entering into these... |
2012 |
| Jasmine Owens |
Historic in a Bad Way: How the Tribal Law and Order Act Continues the American Tradition of Providing Inadequate Protection to American Indian and Alaska Native Rape Victims |
102 Journal of Criminal Law and Criminology 497 (Spring 2012) |
Four different men, Earl Pratt of Massachusetts, Wendell Lee Strickland of Arkansas, Ronnie Tom of Washington, and Tommy Lee Johnson of Texas, committed heinous crimes against children. Each man raped a seven-year-old child in his respective state, and each was convicted and sentenced for his crime. Despite general disdain for egregious crimes such... |
2012 |
| Jane Kloeckner |
HOLD ON TO TRIBAL SOVEREIGNTY: ESTABLISHING TRIBAL PESTICIDE PROGRAMS THAT RECOGNIZE INHERENT TRIBAL AUTHORITY AND PROMOTE FEDERAL-TRIBAL PARTNERSHIPS |
42 Environmental Law Reporter News & Analysis 10057 (January, 2012) |
The weak tribal/federal partnership in regulating pesticide pollution can be strengthened by building pesticide programs that recognize tribal inherent authority and enhance the opportunities for tribal members and non-members to learn about indigenous knowledge for protecting human health and the environment. A regulatory reinterpretation or... |
2012 |
| Jessica Lowrey |
Home Sweet Home: How the 'Purpose of the Reservation' Affects More than Just the Quantity of Indian Water Rights |
23 Colorado Journal of International Environmental Law and Policy 201 (Winter 2012) |
I. Introduction. 203 II. Legal Background. 205 A. Western Water Law: The Prior Appropriation Doctrine. 206 B. Indian Law: Federal Reserved Water Rights. 208 III. Using the Purpose of the Reservation to Quantify Indian Water Rights. 209 A. History and Application of the Agricultural Standard. 209 B. Perceived Problems with the Agricultural Standard.... |
2012 |
| Jayna Marie Rust |
How to Win Friends and Influence Government Contracts Law: Improving the Use of Amicus Briefs at the Federal Circuit |
42 Public Contract Law Journal 185 (Fall, 2012) |
I. Introduction. 186 II. Brief Overview of the Role of Amicus Briefs in Appellate Litigation. 188 A. Which Amicus Briefs Are Valuable?. 188 1. Who the Helpful Amici Are. 189 2. Particular Areas Where Amicus Briefs Provide the Most Assistance. 190 B. Amicus Briefs That Courts Do Not Consider to Be Helpful. 191 III. Brief Overview of the Federal... |
2012 |
| James Kraska |
I.o. 2.0: Indian Ocean Security and the Law of the Sea |
43 Georgetown Journal of International Law 433 (Winter, 2012) |
I. Introduction. 434 II. Political Context. 435 III. Law of the Sea. 445 A. The Baseline. 447 B. Territorial Seas and International Straits. 449 C. Exclusive Economic Zones and the Continental Shelf. 452 D. Archipelagic States. 454 1. Mauritius. 455 2. The Maldives. 455 3. Seychelles. 457 E. Declarations of States. 458 F. Seabed Mining in Areas... |
2012 |
| Leah Farmer , Anita Gupta , Rachel Milos , Joey Scott , Cami Taylor |
Impunity in Mexico: the Indigenous of Chiapas Suffering at the Hands of Their Government |
5 DePaul Journal for Social Justice 367 (Spring 2012) |
By throwing ourselves with everything we have into this struggle, we the Mexican indigenous . . . have operated with a universal human impulse: that of rebellion. -Subcomandante Marcos The words human rights may have different meanings, depending on the context. In the United States, they often refer to equality, freedom from discrimination and... |
2012 |
| Roel Mangiliman , Myron Dean Quon |
In the Margins: How Mainstream Legal Advocacy Strategies Fail to Fully Assist Asian American, Native Hawaiian, and Pacific Islander Lgbt Youth |
19 Asian American Law Journal L.J. 5 (2012) |
Introduction: Charlene Nguon. 6 I. Who are Asian American, Native Hawaiian, and Pacific Islander Lesbian Gay Bisexual Transgender Youth?. 9 A. Demographics. 10 B. Racism and Homophobia. 12 II. Mainstream Legal Strategies. 14 A. LGBT Legal Strategies. 14 B. APA Legal Strategies. 16 III. How Mainstream Legal Strategies Fail To Empower APA LGBT Youth.... |
2012 |
| Nusrat S Chowdhury, University of Chicago |
In the Shadows of the State: Indigenous Politics, Environmentalism, and Insurgency in Jharkhand, India. Alpa Shah (Durham, Nc: Duke University Press, 2010) |
35 PoLAR: Political and Legal Anthropology Review 135 (May, 2012) |
When speaking to the anthropologist, a senior forest officer in Jharkhand, the location of Alpa Shah's ethnography of indigeneity and politics in India, says this: First, they [the primarily Munda populations of rural Jharkhand] must learn how to chase the elephants. Second, they must not keep rice in their houses. Third, they must learn how to... |
2012 |
| |
Indian Aar Taxes Indirect Transfer of Indian Shares but Upholds Eligibility for Mauritius Treaty Capital Gains Exemption |
23 Journal of International Taxation 16 (March, 2012) |
In two separate decisions pronounced recently, India's Authority for Advance Rulings (AAR) considered the taxability of a transaction involving an indirect transfer of an Indian company, and a claim for the capital gains exemption under the India-Mauritius tax treaty. While the AAR upheld the validity of the treaty based on specific facts of the... |
2012 |
| V.K. Unni |
Indian Patent Law and Trips: Redrawing the Flexibility Framework in the Context of Public Policy and Health |
25 Pacific McGeorge Global Business & Development Law Journal 323 (2012) |
Presented in March 2011 at the University of the Pacific, McGeorge School of Law Symposium on The Global Impact and Implementation of Human Rights Norms. I. Introduction. 323 II. Patent Amendments Post 1995. 330 III. Patents Amendment Act 1999. 331 IV. The Patents (Amendment) Act, 2002. 333 V. The Patents (Amendment) Act, 2005. 335 VI.... |
2012 |
| Jacqueline F. Langland |
Indian Status under the Major Crimes Act |
15 Journal of Gender, Race and Justice 109 (Winter 2012) |
[T]here 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 federal government... |
2012 |
| David M. Schraver, David H. Tennant |
Indian Tribal Sovereignty--current Issues |
75 Albany Law Review 133 (2011-2012) |
The relation of the Indian tribes living within the borders of the United States, both before and since the Revolution, to the people of the United States has always been an anomalous one, and of a complex character. There is nothing in the whole compass of our laws so anomalous, so hard to bring within any precise definition, or any logical and... |
2012 |