AuthorTitleCitationSummaryYear
Miranda Strong Alaska National Interest Lands Conservation Act Compliance & Nonsubsistence Areas: How Can Alaska Thaw out Rural & Alaska Native Subsistence Rights? 30 Alaska Law Review 71 (June, 2013) The Alaska Constitution prevents the Alaska National Interest Lands Conservation Act's (ANILCA) rural subsistence priority from being enforced. The Federal Government currently manages subsistence on federal lands in Alaska and Alaska can only resume management if it becomes ANILCA compliant. The current federal management system does not... 2013
Catherine Lynn Allison Alaska Native Corporations: Reclaiming the Namesake; Effectuating the Purpose 42 Public Contract Law Journal 869 (Summer, 2013) I. Introduction. 870 II. Brief History of ANCs from Birth to Today. 871 A. Alaska Native Claims Settlement Act of 1971. 872 1. History and Background of the Act. 872 2. Alaska Native Corporations Are Established. 872 3. Alaska Native Social Improvement Fueled the Passage of the Settlement Act and Remains Important Today. 873 B. ANCs Initially Fail... 2013
Troy A. Eid Alaska Natives and American Laws, by David S. Case and David A. Voluck (3d Ed. 2012) 30 Alaska Law Review 223 (December, 2013) Alaska Natives and American Laws -- Case-Voluck, for short--has been called the Alaskan equivalent of the late Felix Cohen's Handbook of Federal Indian Law (Cohen's Handbook), the Bible of the profession. Cohen's Handbook, a massive work first published in 1941 and revised in recent years by more than three dozen Indian law scholars, itself... 2013
Gregory Gagnon American Indian Law: a Discourse on Chthonic Law 89 North Dakota Law Review 29 (2013) This discourse on Chthonic Law, a theory propounded by H. Patrick Glenn among others, is the occasion for describing advantages and disadvantages of the introduction of customary American Indian law (Chthonic law) into the courtroom. Remarks on the theory, considerations of its merits and weaknesses and illustrations from American Indian societies... 2013
Matthew L.M. Fletcher American Indian Legal Scholarship and the Courts: Heeding Frickey's Call 4 California Law Review Circuit Circuit 1 (March, 2013) American Indian legal scholarship, which rose from virtual nonexistence in the 1950s, appears to have been very influential on the courts during the 1960s and 1970s. Every decade since the 1960s has seen a dramatic increase in the number of law review articles on the subject. Courts cited to a substantial number of the American Indian law articles... 2013
M. Christian Clark Analytical Research Guide to Federal Indian Tax Law 105 Law Library Journal 505 (Fall, 2013) As tribal economic growth impacts non-Indian interests, the need for Indian tax law research inevitably increases. Federal Indian law's jurisprudential nature and constitutional ambiguity create unique challenges for tax professionals. This article is a guide to Indian tax law for both the legal academy and tax practitioners. C1-2Contents... 2013
Virginia J. Morrison Ancient Culture and Contemporary Art 5 No.3 Landslide 33 (January/February, 2013) Australian Aboriginal art is one of the longest continuing art traditions in the world. From ancient rock art to the contemporary Indigenous art movement that has been recognized around the world, it speaks of a connection to land and culture. As Australia has moved gradually toward reconciliation between Indigenous and non-Indigenous Australians,... 2013
Bryan Neihart Awas Tingni V. Nicaragua Reconsidered: Grounding Indigenous Peoples' Land Rights in Religious Freedom 42 Denver Journal of International Law and Policy 77 (Fall 2013) The Inter-American Court on Human Rights (IACHR) decided the Case of the Mayagna (Sumo) Awas Tingni Community v. Nicaragua (Awas Tingni) over twelve years ago. Since then, the decision has been the subject of many notes and articles focusing primarily on the decision's impact on the collective land and property rights of indigenous peoples.... 2013
Gabrielle Lynch, University of Warwick Being Maasai, Becoming Indigenous: Postcolonial Politics in a Neoliberal World Dorothy Hodgson (Bloomington: Indiana University Press, 2011) 36 PoLAR: Political and Legal Anthropology Review 367 (November, 2013) In this excellent book, Hodgson examines how and why, in the late twentieth and early twenty first centuries, Maasai activists in Tanzania positioned and then repositioned themselves as indigenous and then as pastoralists in their struggles for representation, recognition, resources, and rights. More specifically, Hodgson analyzes how these... 2013
Niels Nagelhus Schia , Norwegian Institute of International Affairs (NUPI) Being Part of the Parade - "Going Native" in the United Nations Security Council 36 PoLAR: Political and Legal Anthropology Review 138 (May, 2013) How do small states behave once they have a seat at the table? In this article, I describe how one small state--Norway--operated when it was a member of the United Nations Security Council (UNSC) in 2001-02. From my anthropological fieldwork in this period, I present a number of arguments. The first one is that, substantively, Norwegian diplomats... 2013
Claire Chiamulera Best Practices for Native American and All Families 32 No.8 Child Law Practice 124 (August, 2013) Every child benefits from connections to their communities, culture, and heritage. These connections give them a sense of place and belonging. Children who enter the child welfare system risk losing these connections. American Indian children historically have faced a greater risk of lost connections, a trend that is changing but requires family... 2013
Larry Catá Backer , Bret Stancil Beyond Colonization--globalization and the Establishment of Programs of U.s. Legal Education Abroad by Indigenous Institutions 5 Drexel Law Review 317 (Spring 2013) This Article will look at globalization in the context of higher education and, in particular, higher legal education. The objective will be to think about the ways in which non-U.S.-based law schools are now offering American-style legal education to supply the U.S. legal market or produce U.S.-trained lawyers in the home-state market or for other... 2013
Katherine Florey BEYOND UNIQUENESS: REIMAGINING TRIBAL COURTS' JURISDICTION 101 California Law Review 1499 (December, 2013) If there is one point about tribal status that the Supreme Court has stressed for decades, if not centuries, it is the notion that tribes as political entities are utterly one of a kind. This is to some extent reasonable; tribes, unlike other governments, have suffered the painful history of colonial conquest, making some distinctive treatment... 2013
Josephine M. Balzac Cafta-dr's Citizen Submission Process: Is it Protecting the Indigenous Peoples Rights and Promoting the Three Pillars of Sustainable Development? 11 Loyola University Chicago International Law Review 11 (Fall/Winter 2013) I. Introduction. 12 II. The Human Rights of Indigenous People. 16 A. Inter-American Decisions on Traditional Indegienous Lands. 17 B. Indigenous Rights Enumerated in the Declaration. 18 III. Public Engagement, Sustainable Development, and Procedural Justice in Free Trade Agreements Key. 22 A. The Concept and Achievement of Sustainable Development.... 2013
R. Matthew Short Can the Tiger Sit down with the Dragon? An Assessment of Chinese and Indian Antitrust Laws 41 Georgia Journal of International and Comparative Law 831 (Spring, 2013) I. Introduction. 832 II. Background. 833 A. China's Legislative History Regarding Antitrust Law. 834 B. India's Legislative History Regarding Antitrust Law. 835 C. Economic Goals of Antitrust Law Generally. 837 D. China's Economic Goals Regarding Antitrust Law. 837 E. India's Economic Goals Regarding Antitrust Law. 839 III. Merger Review in China... 2013
Lawana L. Bryant, Katherine E. Lewis, Maia Puryear, Alyssa Reiner Caught in the Middle 5 No.4 Landslide 26 (March/April, 2013) For centuries, museums and cultural institutions (collec tively institutions) across North America have purchased, collected, catalogued, displayed, and exhibited the artwork, sacred objects, and, particularly, human remains of indigenous peoples from regions across the continent with minimal regard to the cultural importance of those items and... 2013
  Chaco Nation of the Chaco Indian Reservation, Depaulia, Plaintiff-appellant, V. Edward Williamson, Defendant-appellee 23 DePaul Journal of Art, Technology & Intellectual Property Law 525 (Spring, 2013) Clark, Circuit Judge. The Chaco Nation of the Chaco Indian Reservation (Chaco Nation), located in DePaulia, appeals the judgment of the United States District Court for the Northern District of DePaulia. The district court held, first, that the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. §§ 3001 et seq., does not vest... 2013
  Chapter 19 • Native American Resources 2013 ABA Environment, Energy, and Resources Law: The Year in Review 192 (2013) On June 25, 2013, the Supreme Court ruled in a 5-4 decision in Adoptive Couple v. Baby Girl --popularly known as the Baby Veronica case--that the Indian Child Welfare Act (ICWA) does not apply to a biological parent who has never had custody of a child, despite the fact that ICWA explicitly defines parent to include any biological parent,... 2013
Daniel C.K. Chow China's Indigenous Innovation Policies and the World Trade Organization 34 Northwestern Journal of International Law and Business 81 (Fall 2013) China's Indigenous Innovation Policies are a web of policies, regulations, and strategies that are designed to develop an indigenous capacity to create innovation and advanced technology as part of China's larger strategy to ascend to the top ranks of the world's industrialized nations. As part of these policies, China has implemented... 2013
Rebecca Tsosie Climate Change and Indigenous Peoples: Comparative Models of Sovereignty 26 Tulane Environmental Law Journal 239 (Summer 2013) I. Understanding Indigenous Rights: The Domains of Political and Cultural Sovereignty. 241 II. The Framework for Climate Justice Within Domestic U.S. Law. 246 III. International Law and Climate Justice. 250 IV. Indigenous Peoples and Environmental Self-Determination. 253 V. Conclusion. 256 2013
Judith V. Royster Climate Change and Tribal Water Rights: Removing Barriers to Adaptation Strategies 26 Tulane Environmental Law Journal 197 (Summer 2013) I. Introduction. 197 II. State General Stream Adjudications and Antiadaptive Decisions. 201 A. Restrictions as to Measure of Quantification. 203 B. Restrictions as to Water Sources. 207 C. Restrictions as to Use. 210 D. Bringing Federal Law back into Adjudications. 212 III. Restrictions on Tribal Water Codes. 214 IV. Restrictions on Water... 2013
Sumudu Atapattu Climate Change, Indigenous Peoples and the Arctic: the Changing Horizon of International Law 22 Michigan State International Law Review 377 (2013) Introduction. 377 I. The Impact of Climate Change. 379 II. Indigenous Peoples and the Arctic. 382 A. The Inuit Petition. 384 III. Indigenous Communities and the Relevance of Free, Prior & Informed Consent. 387 A. FPIC-What Does It Mean?. 389 B. Case Law. 393 IV. Using the Global Commons Framework. 398 A. Governance of the Arctic. 398 B. Global... 2013
Tony Penikett , Adam Goldenberg Closing the Citizenship Gap in Canada's North: Indigenous Rights, Arctic Sovereignty, and Devolution in Nunavut 22 Michigan State International Law Review 23 (2013) When Canada signed the Nunavut Land Claims Agreement in 1993, it committed to create a new territory, Nunavut, as an Inuit homeland in the Canadian Eastern Arctic. Parliament fulfilled this promise with the passage of the Nunavut Act, and the new territory came into existence on April 1, 1999. Still, the Government of Nunavut remains a creature of... 2013
Randall S. Abate , Elizabeth Ann Kronk Commonality among Unique Indigenous Communities: an Introduction to Climate Change and its Impacts on Indigenous Peoples 26 Tulane Environmental Law Journal 179 (Summer 2013) I. Introduction. 179 II. Commonality of Experience. 181 III. Legal Responses at the Domestic, Regional, and International Levels. 191 IV. Conclusion. 195 2013
  Conference Transcript: Heeding Frickey's Call: Doing Justice in Indian Country 37 American Indian Law Review 347 (2012-2013) HEEDING PHIL FRICKEY'S CALL: THE ISSUES IN INDIAN COUNTRY. 348 Matthew L.M. Fletcher, Professor of Law and Director of the Indigenous Law & Policy Center, Michigan State University College of Law. 348 Joseph Heath, Attorney at Law, Onondaga Nation General Counsel. 351 Pat Sekaquaptewa, Executive Director, Nakwatsvewat Institute. 358 ENVIRONMENTAL... 2013
Mark R. Carter, JD, PhD Congress' Encroachment on the President's Power in Indian Law and its Effect on Executive-order Reservations 11 Seattle Journal for Social Justice 1193 (Spring, 2013) I. The Executive-Order Reservation Constitutional Problem II. Separation of Powers Doctrine A. Mainstream Separation of Powers Between the President and Congress 1. The President's Power a) Foreien Power (1) Treaties Ratified by the Senate (2) Executive Agreements Without Senate Ratification (3) Recognizing Governments (4) Abrogating Treaties b)... 2013
Rachel Friedlander CONSIDERING THE EFFECTS OF UTILIZING UNCOUNSELED TRIBAL CONVICTIONS IN FEDERAL RECIDIVISM PROSECUTIONS 16 Journal of Gender, Race and Justice 955 (Summer 2013) There are 562 federally recognized Indian tribes in the United States, and approximately 1.5 million American Indians and Alaska Natives live in Indian country. Historically, the federal government has granted sovereignty to tribal governments, allowing them legal control over tribal lands. However, adherence to this commitment to independent... 2013
Samantha A. Moppett Control-alt-incomplete? 12 Chicago-Kent Journal of Intellectual Property 77 (Spring, 2013) Law students matriculating today were born digital. As digital natives, they have never known a world without digital technology, andtherefore, they think and process information differently than previous generations. Although law school student bodies have changed, law school assessment methods have remained static, with students nearly... 2013
  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
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