Justice Raymond D. Austin American Indian Customary Law in the Modern Courts of American Indian Nations 11 Wyoming Law Review 351 (2011) American Indian nations need encouragement and support with funds, favorable laws, research, and scholarship to improve life and conditions on their reservations. Core traditional values need to be identified, revitalized, and used to address and solve modern community problems. Leaders of Indian nations and professionals who advise them should... 2011
Pamela S. Karlan American Indians and the Fight for Equal Voting Rights by Laughlin Mcdonald Norman, Ok: University of Oklahoma Press, 2010, Pp. 347. $55.00. 120 Yale Law Journal 1420 (April, 2011) I. INDIAN CITIZENSHIP AND THE FIGHT FOR ENFRANCHISEMENT. 1424 II. INDIAN VOTERS AND THE FIGHT FOR REPRESENTATION. 1434 III. INDIAN ELECTIONS AND THE FIGHT OVER SELF-GOVERNMENT. 1445 CONCLUSION. 1452 In Northwest Austin Municipal Utility District No. One v. Holder, the Supreme Court expressed its faith that, because of the Voting Rights... 2011
Robert J. Miller American Indians, the Doctrine of Discovery, and Manifest Destiny 11 Wyoming Law Review 329 (2011) I Introduction. 329 II. History of the Doctrine of Discovery. 330 III. Manifest Destiny. 332 A. First Discovery. 333 B. Actual Occupancy and Current Possession. 333 C. Preemption/European Title. 333 D. Indian Title. 333 E. Tribal Limited Sovereign and Commercial Rights. 334 F. Contiguity. 334 G. Terra Nullius. 334 H. Christianity. 335 I.... 2011
Frank Pommersheim Amicus Briefs in Indian Law: the Case of Plains Commerce Bank V. Long Family Land & Cattle Co. 56 South Dakota Law Review 86 (2011) The role of the amicus brief in litigation before the United States Supreme Court has changed significantly over time. This is true with regard to both its function and its increasing prevalence. This is no less the case in the field of Indian law. And while there is a developing body of scholarship relative to amicus practice generally, there is... 2011
Frank Pommersheim AMICUS BRIEFS IN INDIAN LAW: THE CASE OF PLAINS COMMERCE BANK V. LONG FAMILY LAND & CATTLE CO. 56 South Dakota Law Review 86 (2011) The role of the amicus brief in litigation before the United States Supreme Court has changed significantly over time. This is true with regard to both its function and its increasing prevalence. This is no less the case in the field of Indian law. And while there is a developing body of scholarship relative to amicus practice generally, there is... 2011
Carmen G. Gonzalez An Environmental Justice Critique of Comparative Advantage: Indigenous Peoples, Trade Policy, and the Mexican Neoliberal Economic Reforms 32 University of Pennsylvania Journal of International Law 723 (Spring 2011) 1. Introduction. 724 2. Environmental Justice and Trade Agreements. 727 3. The Theory of Comparative Advantage: An Introduction. 736 4. Case Study: The Mexican Neoliberal Economic Reforms. 740 4.1. The Significance of the Corn Sector in Mexico and the United States. 741 4.2. Background to the Mexican Neoliberal Economic Reforms. 745 4.3. NAFTA,... 2011
Vanessa Baehr-Jones , Christina Cheung An Exercise of Sovereignty: Attaining Attainment for Indian Tribes under the Clean Air Act 34-SPG Environs Environmental Law and Policy Journal 189 (Spring 2011) I. Introduction. 191 II. Attainment and Nonattainment under the Clean Air Act. 193 A. The Basics of the Clean Air Act. 195 1. The Expense of Being in a Nonattainment Area. 196 2. The Prevention of Significant Deterioration Program for Attainment Areas. 198 B. States' Attempts to Attain Attainment. 201 III. The Clean Air Act's Grant of Authority to... 2011
Armen H. Merjian An Unbroken Chain of Injustice: the Dawes Act, Native American Trusts, and Cobell V. Salazar 46 Gonzaga Law Review 609 (2010-2011) I. Introduction. 610 II. The Dawes Act: Late Nineteenth Century Ethnic Cleansing. 613 III. Cobell v. Salazar: Injustice Compounded by Injustice. 619 A. Bleak House Revisited. 623 B. The Phase I Trial. 627 C. Intransigence and Delay. 630 D. Contempt Number Two. 633 E. The Phase 1.5 Trial. 636 F. A Scandal on Navajo Land. 637 G. Congress' Last-Minute... 2011
Jill Greiner, Esq. Appellate Law in Nevada Indian Country: the Inter-tribal Court of Appeals 19-AUG Nevada Lawyer 16 (August, 2011) In 2002, despite my lack of experience or training in the Native American legal system, I was fortunate enough to be hired as the Associate Tribal Judge for the Reno-Sparks Indian Colony. The following year I was appointed by the Inter-Tribal Council of Nevada to serve as an Associate Justice for the Inter-Tribal Court of Appeals of Nevada (ITCA).... 2011
Elizabeth Ann Kronk Application of Title Vi in Indian Country: the Key Is Tribal Sovereignty 6 Florida A & M University Law Review 215 (Spring 2011) Introduction. 215 I. Title VI Claims Against Federally-Recognized Tribes Are Likely Barred. 222 a. Application of Title VI to Tribes Acting Under TAS Status. 230 b. Application of Title VI Against Tribes Where the Matter at Issue is an Intra-tribal Matter. 232 II. Title VI Claims Arising in Indian Country But Not Brought Against Tribes. 233 III.... 2011
Elizabeth Ann Kronk APPLICATION OF TITLE VI IN INDIAN COUNTRY: THE KEY IS TRIBAL SOVEREIGNTY 6 Florida A & M University Law Review 215 (Spring 2011) Introduction. 215 I. Title VI Claims Against Federally-Recognized Tribes Are Likely Barred. 222 a. Application of Title VI to Tribes Acting Under TAS Status. 230 b. Application of Title VI Against Tribes Where the Matter at Issue is an Intra-tribal Matter. 232 II. Title VI Claims Arising in Indian Country But Not Brought Against Tribes. 233 III.... 2011
Gabriel S. Galanda Arbitration in Indian Country: Taking the Long View 65-JAN Dispute Resolution Journal 30 (November, 2010-January, 2011) To advance the interests of tribal governments and their business partners, while managing the risk of attacks on tribal sovereignty, the author suggests arbitration as a means to address commercial disputes arising in Indian Country. Economic development has proven markedly positive for many tribes. As Indian economies have grown, so too has... 2011
Robin Perry Balancing Rights or Building Rights? Reconciling the Right to Use Customary Systems of Law with Competing Human Rights in Pursuit of Indigenous Sovereignty 24 Harvard Human Rights Journal 71 (Summer 2011) In 2007, after more than 20 years of exhaustive negotiations, drafts and re-drafts between indigenous groups and member states, the United Nations (UN) finally adopted the Declaration on the Rights of Indigenous Peoples (Declaration) by an overwhelming majority. The UN thereby recognized the right of indigenous peoples to promote, develop and... 2011
Zoe E. Niesel Better Late than Never? The Effect of the Native American Graves Protection and Repatriation Act's 2010 Regulations 46 Wake Forest Law Review 837 (Fall 2011) In 1998, a thirty-year drama came to an end when anthropologists at the University of Nebraska agreed to return the skeletal remains of 1702 Native Americans to a coalition of fifteen modern tribes. For the tribes involved, this repatriation represented the end of a long struggle to assert their right to possession of human skeletal remains with... 2011
Amanda D. Hettler Beyond a Carcieri Fix: the Need for Broader Reform of the Land-into-trust Process of the Indian Reorganizationact of 1934 96 Iowa Law Review 1377 (May, 2011) In Carcieri v. Salazar, the Supreme Court held that under the Indian Reorganization Act of 1934 the Secretary of the Interior can take land into trust only for those tribes that were federally recognized prior to 1934. In light of this decision, many tribes and leaders called for a legislative Carcieri fix. While a fix is necessary, this... 2011
Robert J. Miller , Micheline D'Angelis Brazil, Indigenous Peoples, and the International Law of Discovery 37 Brooklyn Journal of International Law L. 1 (2011) L1-2Introduction . R31. I. The Doctrine of Discovery. 4 A. Church Formulation of the Doctrine. 9 B. Portuguese and Spanish Development of the Doctrine. 12 C. Other European Countries and Discovery. 21 II. The Doctrine in Brazilian and Portuguese Law and History. 25 A. First Discovery. 27 B. Actual Occupancy and Current Possession. 29 i. Actual... 2011
Jeff Candrian Building with Blinders On: How Policymakers Ignored Indian Water Rights to the Colorado, Setting the Stage for the Navajo Claim 22 Colorado Journal of International Environmental Law and Policy 159 (Winter 2011) On March 14, 2003, the Navajo Nation filed a lawsuit against the U.S. Department of the Interior in an effort to resolve its potentially huge share of the Colorado River. The suit focuses on the tribe's reserved water rights for the western half of its reservation, above Lake Mead in Arizona. It should have come as no surprise. Millions of people... 2011
  Chancellor Daniel W. Jones 81 Mississippi Law Journal 97 (2011) When Robert C. Khayat announced his retirement as chancellor two years ago, many of us were deeply shaken. We simply could not imagine Ole Miss without him at its helm, because it was he who inspired us to accomplish more than we ever dreamed we could, and we treasured the years we were privileged to work with him. Few loved the university and its... 2011
Raman Mittal Character Merchandising: International Experience and Indian Perspective 46 les Nouvelles 39 (March, 2011) Merchandising of intellectual property (IP) is the marketing technique where the goods or services are decorated and embellished with established IP with an aim that such embellishment will induce the public to buy them. A coffee mug carrying the image of Spider-man, a toy made in the shape of He-man, a T-shirt with a logo of Harvard University, a... 2011
Siyuan An , Brian Peck China's Indigenous Innovation Policy in the Context of its Wto Obligations and Commitments 42 Georgetown Journal of International Law 375 (Winter, 2011) China's Indigenous Innovation Product Policy (Indigenous Innovation Policy) is designed to promote the innovation and commercialization of Chinese-origin technology, products and intellectual property assets by providing preferential treatment for Chinese manufactured products over foreign products in government procurement practices. Such... 2011
Javade Chaudhri Chinese Industrial Policies: Indigenous Innovation, Intellectual Property Rights, and the Trade Issues of the next Decade 34 Thomas Jefferson Law Review Rev. 1 (Fall 2011) I. INTRODUCTION. 2 A. A Glimpse Of The Future?. 3 B. Introducing Indigenous Innovation. 4 C. Continuing Progress. 5 D. Technology Leadership Goal. 7 II. BACKGROUND. 9 A. Trade, Energy, and Environmental Issues. 9 B. China's Policy Concerns. 10 C. Bilateral Discussions. 12 III. INDIGENOUS INNOVATION AND STANDARDS POLICIES IN CHINA. 13 A. Origins... 2011
Craig Bryan Yirush Claiming the New World: Empire, Law, and Indigenous Rights in the Mohegan Case, 1704-1743 29 Law and History Review 333 (May, 2011) In 1773, with the empire on the brink of revolt, the Privy Council gave the final ruling in the case of the Mohegan Indians versus the colony of Connecticut. Thus ended what one eighteenth-century lawyer called the greatest cause that ever was heard at the Council Board. After a decades-long battle for their rights, involving several appeals to... 2011
Ralph A. Rossum Clarence Thomas's Originalist Understanding of the Interstate, Negative, and Indian Commerce Clauses 88 University of Detroit Mercy Law Review 769 (Summer 2011) During his twenty years on the Supreme Court, Justice Clarence Thomas has pursued an original understanding approach to constitutional interpretation. He has been unswayed by the claims of precedent--by the gradual build-up of interpretations that, over time, completely distort the original understanding of the constitutional provision in question... 2011
Austin Badger Collective V. Individual Human Rights in Membership Governance for Indigenous Peoples 26 American University International Law Review 485 (2011) INTRODUCTION. 486 I. BACKGROUND. 489 A. History of Oppressive Treatment of Indigenous Peoples. 489 B. Modern Era of Self-Determination. 491 C. Benefits of Membership and Membership Governance. 493 D. Collective Rights: U.N. Declaration on the Rights of Indigenous Peoples. 494 E. Individual Rights: International Covenant on Civil and Political... 2011
Judith V. Royster Conjunctive Management of Reservation Water Resources: Legal Issues Facing Indian Tribes 47 Idaho Law Review 255 (2011) C1-2TABLE OF CONTENTS I. INTRODUCTION. 255 II. THE ISSUE OF TRIBAL WATER CODES. 259 III. THE ISSUE OF A WINTERS RIGHT TO GROUNDWATER. 262 IV. THE ISSUE OF STATES TAKING ACCOUNT OF TRIBAL RIGHTS IN MAKING ALLOCATION DECISIONS. 268 V. CONCLUSION. 272 2011
Mark Goodale, George Mason University Countering Development: Indigenous Modernity and the Moral Imagination David D. Gow (Durham: Duke University Press, 2008) 34 PoLAR: Political and Legal Anthropology Review 356 (November, 2011) David Gow's much anticipated new book is a welcome addition to the anthropology of development and social movements, to the study of indigenous mobilization and identity, and to the anthropology of moral knowledge and identity in Latin America. It is also an essential study of local political, social, and economic processes during a period of wider... 2011
Claire R. Newman Creating an Environmental No-man's Land: the Tenth Circuit's Departure from Environmental and Indian Law Protecting a Tribal Community's Health and Environment 1 Washington Journal of Environmental Law & Policy 352 (December, 2011) When Congress set aside reservations as permanent homelands for American Indian people, it intended that the reservations remain livable environments. When resource conflicts arise in checkerboard areas outside Indian reservations--where land ownership alternates between a tribe, state, the federal government and private, non-Indian... 2011
Grant Christensen Creating Bright-line Rules for Tribal Court Jurisdiction over Non-indians: the Case of Trespass to Real Property 35 American Indian Law Review 527 (2010-2011) The 2010 passage of the Tribal Law and Order Act will invest significantly more resources in tribal courts. As tribal courts expand, conflicts between sovereignties - tribal, state, and federal - are likely to occur with much greater frequency. Tribal court civil jurisdiction over non-Indians will be among the issues most frequently appealed to... 2011
Douglas P. Payne , Benewah County Prosecutor Criminal Jurisdiction in Indian Country; Complicated by Design, but Not Lawless 54-OCT Advocate 48 (October, 2011) Abandon all reason, ye who enter here, read the sign over the door. The firm practiced law relating to Native Americans, or Indian Law as it is commonly known and indexed. Despite the sign, I entered years ago, compelled to do so by my duty to prosecute all state-law crimes in a county much of which is concurrent with an Indian reservation.... 2011
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 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
26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43