| Author | Title | Citation | Summary | Year |
| Andrew S. Leung |
The Adverse Effects of Aquatic Invasive Species on Native Commercial and Recreational Fisheries of the Great Lakes and the Exacerbation of the Problem by Judicial Reluctance to Act |
4 Kentucky Journal of Equine, Agriculture, and Natural Resources Law 525 (2011-2012) |
By the shores of Gitche Gumee, By the shining Big-Sea-Water, Stood the wigwam of Nokomis, Daughter of the Moon, Nokomis. Dark behind it rose the forest, Rose the black and gloomy pine-trees, Rose the firs with cones upon them; Bright before it beat the water, Beat the clear and sunny water, Beat the shining Big-Sea-Water. Oft used backdrops to... |
2012 |
| Bonnie McGrath |
The Beauty of the Prairie the Midwestern Native Garden by Charlotte Adelman & Bernard L. Schwartz Ohio University Press, 2011 Birds of Kansas by Max C. Thompson, Charles A. Ely, Bob Gress, Chuck Otte, Judge Sebastian T. Patti, David Seibel and Eugene A. Y |
26-MAR CBA Record 46 (February/March, 2012) |
One of my favorite stories is about the time attorney Charlotte Adelman and I planned to meet up at a cocktail party hosted by the Women's Bar Association of Illinois. It was in the fall--and I brought Charlotte something she'd asked me to bring. Into the cocktail lounge at the Allegro Hotel I went, sauntering in with two small paper shopping bags... |
2012 |
| Joshua Jay Kanassatega |
The Case for "Expanding" the Abstention Doctrine to Account for the Laws and Policies of the American Indian Tribes |
47 Gonzaga Law Review 589 (2011-12) |
Introduction. 591 I. The Abstention Doctrine and the Circumstances to Which it Applies. 596 A. The Creation and Justification of the Need for an Abstention Doctrine. 598 1. The Needless Friction Involving State Policies. 600 2. The Encroachment of Federal Courts on the States. 601 3. The Need for Efficiency. 602 B. Evolution of the Abstention... |
2012 |
| Tassie Hanna, Sam Deloria, Charles E. Trimble |
THE COMMISSION ON STATE-TRIBAL RELATIONS: ENDURING LESSONS IN THE MODERN STATE-TRIBAL RELATIONSHIP |
47 Tulsa Law Review 553 (Spring 2012) |
Forty years ago the relationship between states and tribes was primarily adversarial, both in perception and practice. Leaders of both state and tribal governments looked to the courts or Congress to define it in their favor, until events led to the creation of the Commission on State-Tribal Relations (CSTR) and the evolution of a different... |
2012 |
| Frank Pommersheim |
The Crazy Horse Malt Liquor Case: from Tradition to Modernity and Halfway Back |
57 South Dakota Law Review 42 (2012) |
Tasunke Witko, or Crazy Horse as he is known in English, is a revered nineteenth century warrior and spiritual leader of the Oglala Band of the Lakota (or Sioux) Nation. He is renowned for both his skills as a warrior and his high spiritual concern for the welfare of his people. He also often seems to stand apart as a mysterious, even mystical,... |
2012 |
| Katheryn A. Bilodeau |
The Elusive Implied Water Right for Fish: Do Off-reservation Instream Water Rights Exist to Support Indian Treaty Fishing Rights? |
48 Idaho Law Review 515 (2012) |
C1-3TABLE OF CONTENTS I. INTRODUCTION. 515 II. BACKGROUND. 517 III. FISHING RIGHTS, ROUND ONE: THE RIGHT TO ACCESS USUAL AND ACCUSTOMED PLACES. 518 IV. CHANGES IN THE COLUMBIA RIVER BASIN. 520 V. FISHING RIGHTS, ROUND TWO: IS THE RIGHT TO TAKE FISH A RIGHT TO THE OPPORTUNITY TO CATCH FISH, OR IS THE RIGHT SOMETHING MORE?. 521 VI. THE IMPLIED... |
2012 |
| Miia Halme-Tuomisaari, University of Helsinki |
The Elusive Promise of Indigenous Development: Rights, Culture, Strategy. By Karen Engle. Durham Nc, London: Duke University Press, 2010. Pp. Xvi, 402. Index. $94.95, Cloth; $26.95, Paper |
106 American Journal of International Law 903 (October, 2012) |
Karen Engle's latest book The Elusive Promise of Indigenous Development: Rights, Culture, Strategy offers a comprehensive account of international legal initiatives, policies, and indigenous social movements, primarily in the Americas, that have characterized the past four decades of indigenous advocacy. As the Minerva House Drysdale Regents Chair... |
2012 |
| Samuel D. Cardick |
The Failure of the Tribal Law and Order Act of 2010 to End the Rape of American Indian Women |
31 Saint Louis University Public Law Review 539 (2012) |
In the United States, the crime of rape is most prevalent among American Indian and Alaskan Native communities. Studies have shown that women in these communities are two-and-a-half times more likely to be raped or sexually assaulted when compared with women in the general United States population. However, due to issues of underreporting and... |
2012 |
| Samuel D. Cardick |
THE FAILURE OF THE TRIBAL LAW AND ORDER ACT OF 2010 TO END THE RAPE OF AMERICAN INDIAN WOMEN |
31 Saint Louis University Public Law Review 539 (2012) |
In the United States, the crime of rape is most prevalent among American Indian and Alaskan Native communities. Studies have shown that women in these communities are two-and-a-half times more likely to be raped or sexually assaulted when compared with women in the general United States population. However, due to issues of underreporting and... |
2012 |
| Harry S. Jackson III |
The Incomplete Loom: Exploring the Checkered past and Present of American Indian Sovereignty |
64 Rutgers Law Review 471 (Winter 2012) |
It has been said that the Indian Wars never ceased, they only changed venue. We are still fighting. We are fighting in courts, we are fighting in Congress-- we are still fighting. And probably we'll always fight, or else we'll really be exterminated, through both acts of aggression or apathy. Rev. Dr. John R. Norwood Kelekpethakomaxkw (Smiling... |
2012 |
| Joseph Chilton |
The Jurisdictional "Haze": an Examination of Tribal Court Contempt Powers over non-indians |
90 North Carolina Law Review 1189 (May, 2012) |
Consider the following hypothetical scenario. Two brothers in Swain County, North Carolina, each fail to pay money judgments entered against them in two different local courts. Both men are ordered to appear in court on contempt charges. They hire the same lawyer and receive identical sentences: thirty days in jail as punishment for not making the... |
2012 |
| Ryan Seelau |
The Kids Aren't Alright: an Argument to Use the Nation Building Model in the Development of Native Juvenile Justice Systems to Combat the Effects of Failed Assimilative Policies |
17 Berkeley Journal of Criminal Law 97 (Spring, 2012) |
A.J. is 17 years old. He is Native American. He is one of more than 400,000 Native youths living on a reservation in the United States. Like a significant portion of youths in this country, A.J. has had some run-ins with the law. And like a significant portion of Native nations in this country, A.J.'s nation has a tribal justice system that handles... |
2012 |
| Erin M. Genia |
The Landscape and Language of Indigenous Cultural Rights |
44 Arizona State Law Journal 653 (Summer 2012) |
This paper aims to be a useful guide to understanding the landscape and language of indigenous cultural rights. By providing the reader with information on the imperative and complex issues that surround restoring, revitalizing and preserving cultural resources, this paper reveals the specific language associated with cultural rights, as well as a... |
2012 |
| Dr. Konstantia Koutouki , Katharina Rogalla von Bieberstein |
The Nagoya Protocol: Sustainable Access and Benefits-sharing for Indigenous and Local Communities |
13 Vermont Journal of Environmental Law 513 (Spring, 2012) |
Introduction. 513 I. ABS and the CBD. 516 II. The Bonn Guidelines. 521 III. The Nagoya Protocol. 524 IV. Other Provisions. 5322 V. NP and Sustainable Development in Indigenous Communities. 532 Conclusion. 535 International sustainable development law has seen a veritable acceptance in the international legal arena over the past twenty years. Part... |
2012 |
| Manley A. Begay, Jr. Ed. D. |
The Native American Graves Protection and Repatriation Act after Twenty Years: a View from Indigenous Country |
44 Arizona State Law Journal 625 (Summer 2012) |
When I served as chair of the Repatriation Committee for the National Museum of the American Indian, we hurried the process of repatriating the Blackfeet Thunder Pipe Medicine Bundle back to its rightful owners. We rushed because the season of the thunder was upon us, and the Blackfeet wanted this Thunder Pipe Medicine Bundle back so they could... |
2012 |
| Venus McGhee Prince |
THE POTENTIAL IMPACT OF THE GROWING MOBILE SOCIETY ON TRIBAL IDENTITY |
59-APR Federal Lawyer 38 (April, 2012) |
When most Americans think of tribes in this country, they don't think of modern Indians who may live next door and may look and act much like them, at least from a first glance. Yet the growing technological and physical mobility of modern society may be producing these fundamental changes in tribal identity. How will tribes define themselves going... |
2012 |
| Amy Conners |
THE SCALPEL AND THE AX: FEDERAL REVIEW OF TRIBAL DECISIONS IN THE INTEREST OF TRIBAL SOVEREIGNTY |
44 Columbia Human Rights Law Review 199 (Fall, 2012) |
Before Martinez, had the petitioners here appeared in tribal court to challenge the default judgment and been denied relief, they could have brought an Indian Civil Rights Act action. Instead, because Martinez denies federal jurisdiction over such actions, the petitioners assault the existence of tribal power rather than its exercise. Ironically, a... |
2012 |
| Amanda Van Wieren |
The Silent Sovereign: Tipping the Scales in Reverse-erie Applications of Indian Law |
91 Oregon Law Review 297 (2012) |
Introduction. 298 I. The Doctrines. 300 A. State Law in Federal Court. 300 1. Erie Under the Rules of Decision Act. 301 2. Erie Under the Rules Enabling Act. 302 B. Federal Procedure in State Court. 304 1. Preemption for Beginners. 304 2. Introduction to Reverse- Erie. 307 II. Reverse- Erie in Practice. 310 A. Asymmetry Between the Doctrines. 311... |
2012 |
| Natalie Landreth, Erin Dougherty |
The Use of the Alaskan Native Claims Settlement Act to Justify Disparate Treatment of Alaska's Tribes |
36 American Indian Law Review 321 (2012) |
When the Alaska Native Claims Settlement Act (ANCSA) was passed in 1971, there was little mention of how it might affect tribal sovereignty or tribal jurisdiction. According to its own explicit terms, it was a land settlement: aboriginal claims were extinguished in exchange for 45.5 million acres of land in fee simple and almost $1 billion. Despite... |
2012 |
| Natalie Landreth, Erin Dougherty |
THE USE OF THE ALASKAN NATIVE CLAIMS SETTLEMENT ACT TO JUSTIFY DISPARATE TREATMENT OF ALASKA'S TRIBES |
36 American Indian Law Review 321 (2012) |
When the Alaska Native Claims Settlement Act (ANCSA) was passed in 1971, there was little mention of how it might affect tribal sovereignty or tribal jurisdiction. According to its own explicit terms, it was a land settlement: aboriginal claims were extinguished in exchange for 45.5 million acres of land in fee simple and almost $1 billion. Despite... |
2012 |
| Azita Mirzaian |
The Utility of Prettiness: Copyright Protection for Mardi Gras Indian Suits in the Era of the Useful Article Analysis |
59 Journal of the Copyright Society of the U.S.A. 747 (Summer 2012) |
The Mardi Gras Indians of New Orleans, who honor a cultural tradition that arose during the time of slavery, have been masking as Plains Indians for over a century. Each year, tribe members spend hundreds of hours and thousands of dollars hand-crafting beautiful suits that are embellished with colorful beads, sequins, and feathers. These suits,... |
2012 |
| Paul J. Larkin, Jr. , Joseph Luppino-Esposito |
The Violence Against Women Act, Federal Criminal Jurisdiction, and Indian Tribal Courts |
27 BYU Journal of Public Law L. 1 (2012) |
C1-2Contents I. Introduction. 2 II. The Indian Tribal Court System. 11 A. The Intersection of Federal and Tribal Criminal Law. 11 B. The Post-Crow Dog Creation of Tribal Courts. 14 C. The Jurisdiction of Tribal Courts over Non-Indians. 16 III. Article II Issues Raised by Senate Bill 1925. 17 A. The Appointments Clause. 17 B. The Proposed Expansion... |
2012 |
| Paul J. Larkin, Jr. , Joseph Luppino-Esposito |
THE VIOLENCE AGAINST WOMEN ACT, FEDERAL CRIMINAL JURISDICTION, AND INDIAN TRIBAL COURTS |
27 BYU Journal of Public Law 1 (2012) |
C1-2Contents I. Introduction. 2 II. The Indian Tribal Court System. 11 A. The Intersection of Federal and Tribal Criminal Law. 11 B. The Post-Crow Dog Creation of Tribal Courts. 14 C. The Jurisdiction of Tribal Courts over Non-Indians. 16 III. Article II Issues Raised by Senate Bill 1925. 17 A. The Appointments Clause. 17 B. The Proposed Expansion... |
2012 |
| Thad Blank |
Time to Recommit: the Department of Justice's Indian Resources Section, the Trust Duty, and Affirmative Litigation |
48 Idaho Law Review 391 (2012) |
C1-3TABLE OF CONTENTS I. THE UNITED STATES ON OUR SIDE: WHY THE UNITED STATES' PARTICIPATION IN AFFIRMATIVE LITIGATION ON BEHALF OF TRIBAL GOVERNMENTS MATTERS. 393 A. The Department of Justice's Value as a Litigation Partner. 395 B. The Expanded Scope of State Sovereign Immunity. 396 1. Blatchford v. Native Village of Noatak. 397 2. Seminole Tribe... |
2012 |
| Daniel Donovan , John Rhodes |
To Be or Not to Be: Who Is an "Indian Person"? |
73 Montana Law Review 61 (Winter 2012) |
The United States Supreme Court and the Ninth Circuit Court of Appeals have accurately observed: The exercise of criminal jurisdiction over Indians and Indian country is a complex patchwork of federal, state, and tribal law, which is better explained by history than by logic. Federal jurisdiction for Indian country crimes requires proof that... |
2012 |
| Alex Tallchief Skibine |
Towards a Balanced Approach for the Protection of Native American Sacred Sites |
17 Michigan Journal of Race and Law 269 (Spring 2012) |
Protection of sacred sites is very important to Native American religious practitioners because it is intrinsically tied to the survival of their cultures, and therefore to their survival as distinct peoples. The Supreme Court in Oregon v. Smith held that rational basis review, and not strict scrutiny, was the appropriate level of judicial review... |
2012 |
| Matthew L.M. Fletcher |
TRIBAL CONSENT |
8 Stanford Journal of Civil Rights & Civil Liberties 45 (April, 2012) |
I. Tribal Consent Prior to the Modern Era of Indian Affairs (1789-1959). 55 A. The Non-Consensual Incorporation of Indian Tribes into the American Polity. 55 B. Exclusion of Indian Tribes. 57 C. Living with (and Incorporating) Indian Tribes. 64 II. Theories of Federal Control over Indian Affairs. 73 A. A Quick History of the Rise of Congressional... |
2012 |
| Elizabeth Ann Kronk |
Tribal Energy Resource Agreements: the Unintended "Great Mischief for Indian Energy Development" and the Resulting Need for Reform |
29 Pace Environmental Law Review 811 (Spring 2012) |
Today, escaping stories of political acrimony seems impossible. Despite this intense atmosphere, the majority of Americans seem to agree that finding new sources of energy is a national priority. These same citizens also believe that the United States is failing to adequately develop its domestic energy resources. President Obama has made... |
2012 |
| David Patton |
TRIBAL LAW AND ORDER ACT OF 2010: BREATHING LIFE INTO THE MINER'S CANARY |
47 Gonzaga Law Review 767 (2011-12) |
Introduction. 767 I. The History of Criminal Jurisdiction in Indian Country. 769 A. Crow Dog and the Major Crimes Act. 769 B. The Indian New Deal. 772 C. Termination and P.L. 280. 773 D. Indian Civil Rights Act of 1968. 775 E. Oliphant and Duro. 776 II. Tribal Law and Order Act of 2010. 777 A. Federal Law Enforcement and Prosecution. 778 B. Tribal... |
2012 |
| Paige E. Hoster |
Understanding the Value of Judicial Diversity Through the Native American Lens |
36 American Indian Law Review 457 (2012) |
Although Indians constitute less than 1% of the national population, the lives of Indians are impacted by law more pervasively than are the lives of most other Americans. Diversity is the United States' defining characteristic. As the melting pot, this country continues to pursue diversity through policies like affirmative action. Universities... |
2012 |
| Timothy Q. Purdon, United States Attorney, United States Attorney's Office, District Of North Dakota |
United States Attorney's Office District of North Dakota Anti-violence Strategy for Tribal Communities in North Dakota Operations Plan for Indian Country: an Anti-violence Strategy for Tribal Communities in North Dakota |
88 North Dakota Law Review 979 (2012) |
Federal prosecutors should see themselves as neighborhood problem solvers, not case processors. North Dakota was admitted to the United States of America in 1889 and covers 68,994 square miles. The 2010 Census reports that North Dakota has a population of over 672,591. The District of North Dakota encompasses the entire state of North Dakota.... |
2012 |
| Erin E. Odell |
United States V. Gallaher: the Ninth Circuit's Disingenuous Deference to Native American Sovereignty |
38 New England Journal on Criminal and Civil Confinement 291 (Summer, 2012) |
In April 1991, James H. Gallaher, Jr. shared a home with the mother of his infant daughter, Jennifer Clark, and a friend, Edwin Pooler. One day Pooler arrived at the shared home drunk and urinated on the floor, splashing urine onto Clark's daughter. Clark told Gallaher about these events and Gallaher found Pooler at a nearby bar where the two men... |
2012 |
| Ashlye M. Keaton |
Using the Copyright Act to Protect Cultural Properties: Copyright Protection of Mardi Gras Indian Suits |
15 Tulane Journal of Technology and Intellectual Property 89 (Fall 2012) |
I. Introduction. 90 II. Preface by Author. 94 III. Copyright protection of a Mardi Gras Indian Suit. 95 A. Incentive to Culture Bearers Promotes Public Welfare. 95 B. Copyrightability of a Mardi Gras Indian Suit. 98 1. The Originality of the Prettiest Suit. 99 2. Mardi Gras Indian Suits as Sculptural Works of Authorship. 102 3. Sew, Sew, Sew... |
2012 |
| Rhett B. Larson |
Water, Worship, and Wisdom: Indigenous Traditional Ecological Knowledge and the Human Right to Water |
19 ILSA Journal of International and Comparative Law 43 (Fall, 2012) |
The relationship between religion and water, whether as a spiritual symbol or ceremonial source, is virtually universal. This relationship is often very strong in the religious practices and beliefs of indigenous peoples, who typically have a strong spiritual connection to their traditional lands and waters. This connection is often manifested in... |
2012 |
| Kathryn E. Fort |
Waves of Education: Tribal-state Court Cooperation and the Indian Child Welfare Act |
47 Tulsa Law Review 529 (Spring 2012) |
I. Introduction. 530 II. Tribal-State Court Cooperation in Michigan. 531 A. Tribal-State Forum and Michigan Rule 2.615. 533 B. The Second Wave: The Indian Child Welfare Act & The Court Improvement Program. 535 1. The Indian Child Welfare Act. 535 2. Funding Collaboration: The Court Improvement Program. 537 3. ICWA Court Resource Guide and Court... |
2012 |
| Derek H. Kauanoe , Breann Swann Nu'uhiwa |
We Are Who We Thought We Were: Congress' Authority to Recognize a Native Hawaiian Polity United by Common Descent |
13 Asian-Pacific Law and Policy Journal 117 (2012) |
L1-2Introduction . L3118 A. Missing Context, Invented Concepts, and Misrepresentations. 120 I. Framing the Issue. 124 A. Native (Cultural) Sovereignty Framework. 125 1. Cultural Sovereignty. 125 2. The Role of Political Sovereignty. 126 3. The Native Sovereignty Framework. 127 II. The Power to Define the People. 128 A. Locating Cultural... |
2012 |
| John M. Gregory |
We the People: Differing Approaches to Engaging the Citizenry in Combating Non-native Species |
2 Arizona Journal of Environmental Law & Policy Pol'y 1 (March, 2012) |
It seems almost too self-evident to say that the people most concerned about a problem are those who live with it. They would therefore seem to be potential resources in combatting the problem. However, on the issue of non-native species management, governments have not always done a good job of combatting the problem with meaningful civic... |
2012 |
| Tom Fredericks , Andrea Aseff |
When Did Congress Deem Indian Lands Public Lands?: the Problem of Blm Exercising Oil and Gas Regulatory Jurisdiction in Indian Country |
33 Energy Law Journal 119 (2012) |
The Bureau of Land Management (BLM) is one of the agencies currently exercising regulatory authority over oil and gas development in Indian Country. The BLM requires and processes Applications for Permit to Drill (APDs) submitted by oil and gas operators on Indian lands. These APDs contribute to the extreme delay in tribal energy development.... |
2012 |
| Daniel Donovan , John Rhodes , Daniel Donovan, PC, P.O Box 2799, Great Falls, MT 59403, 406-727-0500, E-mail dan@danieldonovanlaw.com, Federal Defenders of Montana, P.O. Box 9380, Missoula, MT 59807, 406-721-6749, E-mail john_rhodes@fd.org |
Who Is an Indian? |
36-MAY Champion 30 (May, 2012) |
Law enforcement on Indian reservations has drawn increasing attention in recent years. Codified in the Tribal Law and Order Act, Congress' focus on criminal justice in Indian country promises more prosecutions. Federal jurisdiction over Indian country crimes is statutorily circumscribed, including requiring that either the defendant and/or the... |
2012 |
| Shalanda H. Baker |
Why the Ifc's Free, Prior, and Informed Consent Policy Does Not Matter (Yet) to Indigenous Communities Affected by Development Projects |
30 Wisconsin International Law Journal 668 (Fall 2012) |
Introduction. 669 I. History of FPIC. 673 A. Evolution of FPIC. 673 1. Private Investment Community Narrative. 674 2. International Development Community Narrative. 676 B. IFC Adoption. 678 II. Mexican Law and Local Concerns with Wind Development. 681 A. Historical Context. 681 B. Community Concerns. 682 C. Community Engagement. 684 III. The... |
2012 |
| Jeremy Daniel Heacox |
Wisconsin Legislature Employs Halftime Adjustment: How Wisconsin's "New" Indian Mascot Law Changes the Outlook for Future Challenges to the Use of Discriminatory Nicknames, Mascots, and Logos in Wisconsin Schools |
22 Marquette Sports Law Review 651 (Spring 2012) |
I have a feeling all this madness will eventually pass . . . . In the sports industry, it is customary for every team to represent itself with a particular name and image. These nicknames, mascots, and logos serve as shorthand for identifying a team and are intended to evoke positive feelings amongst a team's supporters. However, sometimes these... |
2012 |
| Ann E. Tweedy |
"[H]OSTILE INDIAN TRIBES . OUTLAWS, WOLVES . BEARS . GRIZZLIES AND THINGS LIKE THAT?" HOW THE SECOND AMENDMENT AND SUPREME COURT PRECEDENT TARGET TRIBAL SELF-DEFENSE |
4 the crit: a Critical Studies Journal 1 (2011) |
This article examines the history of self-defense in America, including the right to bear arms, as related to Indian tribes, in order to shed light on how the construction of history affects tribes today. As shown below, Indians are the original caricatured savage enemy that white Americans believed they needed militias and arms to defend... |
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 |
| Ann E. Tweedy |
[H]ostile Indian Tribes . Outlaws, Wolves . Bears . Grizzlies and Things like That? How the Second Amendment and Supreme Court Precedent Target Tribal Self-defense |
4 the crit: a Critical Studies Journal J. 1 (2011) |
This article examines the history of self-defense in America, including the right to bear arms, as related to Indian tribes, in order to shed light on how the construction of history affects tribes today. As shown below, Indians are the original caricatured savage enemy that white Americans believed they needed militias and arms to defend... |
2011 |
| Gideon M. Hart |
A Crisis in Indian Country: an Analysis of the Tribal Law and Order Act of 2010 |
23 Regent University Law Review 139 (2010-2011) |
Crime and violence have long been a serious problem in Indian Country. In recent years, though, the extraordinary levels of gang activity and high rates of sexual violence against Native American women have received a large amount of media attention. Responding to this problem, Congress passed the Tribal Law and Order Act of 2010 (TLOA or the... |
2011 |
| Jason Brown |
A Jury of Their Peers: Can a Native American Defendant Be Tried by a Jury of His Peers in the United States? |
54-AUG Advocate 20 (August, 2011) |
The phrase a jury of one's peers is a part of the American lexicon, yet surprisingly it does not appear in the U.S. Constitution. The Sixth Amendment simply guarantees the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed. Some of the most significant decisions of the... |
2011 |
| Nicole Friederichs |
A Reason to Revisit Maine's Indian Claims Settlement Acts: the United Nations Declaration on the Rights of Indigenous Peoples |
35 American Indian Law Review 497 (2010-2011) |
In April 2008, seven months after the United Nations adopted the Declaration on the Rights of Indigenous Peoples (UNDRIP), Maine's state legislature passed a Joint Resolution in support of the landmark document. In the wake of the United States' original vote against its adoption, Maine thereupon became the only state in the union to mark its... |
2011 |
| Sue Fahami , ASSISTANT UNITED STATES ATTORNEY |
A Snapshot of Indian Criminal Law in the District of Nevada |
19-AUG Nevada Lawyer 22 (August, 2011) |
Nevada, the seventh-largest of the United States, is geographically vast, and the federal government administers 87 percent of its land. Few Nevadans realize there are 36 Native American Tribes dispersed throughout the state on 31, mostly isolated, reservations and colonies. Most of these communities are in northern Nevada, far removed from... |
2011 |
| Amanda M. Murphy |
A Tale of Three Sovereigns: the Nebulous Boundaries of the Federal Government, New York State, and the Seneca Nation of Indians Concerning State Taxation of Indian Reservation Cigarette Sales to non-indians |
79 Fordham Law Review 2301 (April, 2011) |
This Note examines the conflict between New York State and the Seneca Nation of Indians regarding the taxation of cigarette sales to non-Indians on Indian reservations. In 1994, the United States Supreme Court found New York's taxation scheme facially permissible without providing boundaries or guidance for the state's subsequent enforcement.... |
2011 |
| Elise Helgesen |
Allotment of Justice: How U.s. Policy in Indian Country Perpetuates the Victimization of American Indians |
22 University of Florida Journal of Law and Public Policy 441 (December, 2011) |
I. History of Indian Country. 443 II. Crime in Indian Country. 447 A. Legal Void. 447 1. Federal Jurisdiction. 447 2. State Jurisdiction. 451 3. Jurisdictional Gaps. 452 B. Lack of Resources. 454 C. Distrust of Outside Law Enforcement. 456 1. Perceptions of Law Enforcement. 456 2. Historical Causes of Distrust. 457 3. Alcohol Use. 459 III. Sexual... |
2011 |