AuthorTitleCitationSummaryYear
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
Wenona T. Singel Indian Tribes and Human Rights Accountability 49 San Diego Law Review 567 (August-September 2012) I. Introduction. 568 II. Tribes as Governments with Human Rights Impacts. 570 A. A Primer on Tribal Sovereignty. 571 B. Introduction to Tribal Sovereign Immunity. 573 C. Tribal Powers of Self-Government. 575 D. The Parameters of Tribal Jurisdiction. 576 E. Tribal Self-Governance in Practice. 579 1. Law Enforcement. 580 2. Tribal Courts. 581 3.... 2012
Wenona T. Singel INDIAN TRIBES AND HUMAN RIGHTS ACCOUNTABILITY 49 San Diego Law Review 567 (August-September 2012) I. Introduction. 568 II. Tribes as Governments with Human Rights Impacts. 570 A. A Primer on Tribal Sovereignty. 571 B. Introduction to Tribal Sovereign Immunity. 573 C. Tribal Powers of Self-Government. 575 D. The Parameters of Tribal Jurisdiction. 576 E. Tribal Self-Governance in Practice. 579 1. Law Enforcement. 580 2. Tribal Courts. 581 3.... 2012
Matthew L.M. Fletcher , Peter S. Vicaire Indian Wars: Old and New 15 Journal of Gender, Race and Justice 201 (Spring 2012) In March 2011, the United States submitted a brief in United States v. al Bahlul, a military commission case reviewing the conviction of a war-on-terror suspect, comparing the tactics Indians used in the First Seminole War to al Qaeda, an argument the Court partially accepted in a companion case, United States v. Hamdan. As government lawyers had... 2012
Angela R. Riley Indians and Guns 100 Georgetown Law Journal 1675 (June, 2012) C1-3Table of Contents L1-2Introduction . L31676 I. Indians and Guns from Contact to Citizenship. 1681 a. indians and guns in the colonial period. 1685 b. indian nations, the constitution, and ratification of the second amendment. 1693 c. the indian as (reservation) citizen. 1701 II. The Indian Civil Rights Act and the Disappearing Second Amendment.... 2012
Fred L. Borch III, Regimental Historian & Archivist Indians as War Criminals? The Trial of Modoc Warriors by Military Commission 2012-MAR Army Lawyer Law. 7 (March, 2012) Early in the morning of Good Friday, 11 April 1873, Brigadier General (BG) Edward R.S. Richard Canby stepped out of his tent, which was pitched near Tule Lake on the California-Oregon border. Canby, a 56-year-old West Point graduate and veteran of the Civil War, was the commander of the Department of the Columbia, which consisted of the State of... 2012
Honor Keeler Indigenous International Repatriation 44 Arizona State Law Journal 703 (Summer 2012) I. Introduction. 705 II. History. 710 A. Introduction. 710 B. Introduction of European International Law to Native America. 713 1. 15 Century: Europe Adopts Historic Practice of Non-Consent and Grave Robbing. 713 2. 15-16 Centuries: Columbus Dictates the Future of European Relations with Native American Nations. 717 3. 16-17 Centuries: European... 2012
Rebecca Tsosie Indigenous Peoples and Epistemic Injustice: Science, Ethics, and Human Rights 87 Washington Law Review 1133 (December, 2012) This Article explores the use of science as a tool of public policy and examines how science policy impacts indigenous peoples in the areas of environmental protection, public health, and repatriation. Professor Tsosie draws on Miranda Fricker's account of epistemic injustice to show how indigenous peoples have been harmed by the... 2012
Lorne Sossin Indigenous Self-government and the Future of Administrative Law 45 U.B.C. Law Review 595 (June, 2012) A great deal of advocacy, adjudication, and analysis has focused on the Aboriginal right to self-government under the Canadian Constitution. Very little attention, by contrast, has been devoted to what happens the day after self-government is achieved, when the focus shifts to implementing rather than achieving self-government. For example, will... 2012
Sarah Krakoff INEXTRICABLY POLITICAL: RACE, MEMBERSHIP, AND TRIBAL SOVEREIGNTY 87 Washington Law Review 1041 (December, 2012) Abstract: Courts address equal protection questions about the distinct legal treatment of American Indian tribes in the following dichotomous way: are classifications concerning American Indians racial or political? If the classification is political (i.e., based on federally recognized tribal status or membership in a federally recognized tribe)... 2012
Justin Seigler Injustice in Indian Country: the Need for a Serious Response to Native American Elder Abuse 19 Elder Law Journal 415 (2012) Traditionally, elders have held an important position filled with prestige and authority in Native American culture. However, elder abuse is still a problem in this community. To combat this issue, a number of different tactics have been employed. The success of various programs, however, has been highly contingent upon their cultural sensitivity.... 2012
James Riding In Introduction: Human Rights and the American Indian Repatriation Movement: a Manifesto 44 Arizona State Law Journal 613 (Summer 2012) Old Ones, I want to speak to you. I am Pawnee. My grandparents were Pawnees. I am Skidi and Chaui. I speak for the Pawnee people. We're glad that you are home. We are sorry that you have had to be gone so long. It hurt us to know that you were in museums. It hurt us to know that you were away from the Pawnees. We don't live here anymore. We live in... 2012
Volkmar Gessner James A.r. Nafziger, Robert Kirkwood Paterson, Alison Dundes Renteln, Cultural Law-international, Comparative, and Indigenous (Cambridge University Press, 2010) 60 American Journal of Comparative Law 1105 (Fall 2012) In order to describe its contents, Cultural Property Law, Cultural Heritage Law, Cultural Human Rights, or simply Culture Law could have been alternative titles for this textbook--a fascinating subject in a law school curriculum. First, the social, economic, and political issues involved in this highly disputed field of knowledge are familiar to... 2012
Grant Christensen Judging Indian Law: What Factors Influence Individual Justice's Votes on Indian Law in the Modern Era 43 University of Toledo Law Review 267 (Winter 2012) BOTH political scientists and lawyers are avid scholars of the Supreme Court. However, while the interest of these two scholarly factions may be motivated by the same fascination with jurisprudence and the Court as an institution, they approach the study of the Supreme Court with different methodologies, aims, and objectives. Lawyers give effect to... 2012
Melody Kapilialoha MacKenzie Ke Ala Loa - the Long Road: Native Hawaiian Sovereignty and the State of Hawai'i 47 Tulsa Law Review 621 (Spring 2012) I. Introduction. 622 II. The Genesis of the Native Hawaiian-State Relationship. 624 A. The 1893 Overthrow of the Hawaiian Kingdom. 625 B. Annexation and the Ceded Lands. 626 C. The Hawaiian Homes Commission Act. 628 D. Statehood and the Admission Act. 630 E. 1978 State Constitutional Amendments. 632 III. Recent Controversies in the Native... 2012
Hossein Dabiri Kiss the Ring, but Never Touch the Crown: How U.s. Policy Denies Indian Women Bodily Autonomy and the Save Native Women Act's Attempt to Reverse That Policy 36 American Indian Law Review 385 (2012) Gender violence is a silent crisis affecting many women in Indian Country. One third of Indian women are raped and three out of every five Indian women are assaulted by a partner. Police routinely triage rape and sexual assault cases. What is more, law enforcement and social services agencies designed to help these women in the aftermath of such... 2012
Brian Kolva Lacrosse Players, Not Terrorists : the Effects of the Western Hemisphere Travel Initiative on Native American International Travel and Sovereignty 40 Washington University Journal of Law & Policy 307 (2012) Most sports fans would agree that a world baseball championship without Americans, a world hockey championship without Canadians, or a world golf championship without Scots--the respective creators of the games--would be inadequate and disappointing. But this was precisely the situation lacrosse fans encountered in July 2010, when the Federation of... 2012
Raymond I. Orr, Ph.D Liberal Defaults: the Pending Perception of "Special Financial Rights" among American Indian Nations 47 Tulsa Law Review 515 (Spring 2012) Chief Justice John Marshall noted that the condition of the Indians in relation to the United States is perhaps unlike that of any other two people in existence. This description, part of his 1831 decision in Cherokee Nation v. State of Georgia, is a now well-worn passage in the annals of American Indian legal scholarship. A seminal... 2012
Janine Robben Life in Indian Country 72-JAN Oregon State Bar Bulletin 28 (January, 2012) THE TRIBAL-POLICE CRUISER ROLLS ACROSS THE HIGH-DESERT PLAINS OF THE CONFEDERATED TRIBES of the Warm Springs Reservation in Central Oregon. ¶ The smell of sage is so strong that it permeates the car. The sky is filled with thousands of stars that city dwellers never see, and painted Indian ponies huddle together for warmth as the season's first... 2012
Kristen A. Carpenter Limiting Principles and Empowering Practices in American Indian Religious Freedoms 45 Connecticut Law Review 387 (December, 2012) Employment Division v. Smith was a watershed moment in First Amendment law, with the Supreme Court holding that neutral statutes of general applicability could not burden the free exercise of religion. Congress's subsequent attempts, including the passage of Religious Freedom Restoration Act and Religious Land Use and Institutionalized Persons Act,... 2012
Christine Zuni Cruz LINES OF TRIBE 22 Berkeley La Raza Law Journal 77 (2012) I. Introduction. 78 A. Lines of Tribe. 78 B. Color Spectrums, Quantum Theory, and Performance of Identity. 78 C. Escaping the Law of White Space. 79 II. Indigenous Identity. 80 A. Race and Color Spectrum. 80 B. External Operation-Complexity of Mixture and Race Traitors. 82 C. Internal Operation-Complexity, Red Privilege, and Purity Myths. 83 III.... 2012
Jay P. Walters , Shareholder and Director, Fellers Snider Blankenship Bailey & Tippens PC Litigating Disputes in Indian Country 2012 Aspatore 5898575 (2012) I am a red man. If the Great Spirit had desired me to be a white man, he would have made me so in the first place. He put in your heart certain wishes and plans; in my heart he put other and different desires. Each man is good in his sight. It is not necessary for Eagles to be Crows. Sitting Bull Hunkpapa Sioux (Tatanka Iyotake) Sitting Bull was... 2012
by Eric T. Berkman, Framingham, MA Match-e-be-nash-she-wish Band 39 No.7 Preview of United States Supreme Court Cases 264 (4/16/2012) The Secretary of the Interior acquired Indian land in trust for a tribe to operate a gaming facility. Respondent David Patchak, a neighboring resident, alleged that the secretary lacked authority under the Indian Reorganization Act (IRA) to take the land because the tribe was not under federal jurisdiction at the time the law was passed. The... 2012
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