| Author | Title | Citation | Summary | Year |
| 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 |
| Samuel E. Ennis |
Implicit Divestiture and the Supreme Court's (Re)construction of the Indian Canons |
35 Vermont Law Review 623 (Spring, 2011) |
Taken together, the Indian canons of construction and the doctrine of implicit divestiture seem paradoxical. On the one hand, the Indian canons, rules of statutory construction originally developed to protect Indian tribes from unscrupulously drafted statutes and treaties, protect tribal sovereignty against non-Indian encroachment. On the other,... |
2011 |
| Robert A. Yingst |
In the Courts of the Conqueror: the 10 Worst Indian Law Cases Ever Decided by Walter R. Echo-hawk (Golden, Co: Fulcrum Books, 2010). 576 Pgs. $35. Order |
84-JUN Wisconsin Lawyer 34 (June, 2011) |
It is difficult to read In the Courts of the Conqueror: The 10 Worst Indian Law Cases Ever Decided without feeling conflicted, especially if you are white. Nevertheless, whatever your ethnic heritage, you will be challenged if you read this book. I promise. Having been a white civil rights lawyer in what the author calls the Courts of the... |
2011 |
| Erin B. Agee |
In the Federal Government We Trust? Federal Funding for Tribal Water Rights Settlements and the Taos Pueblo Indian Water Rights Settlement Act |
21 Cornell Journal of Law & Public Policy 201 (Fall 2011) |
Today's relationship between federally recognized Indian tribes and the federal government is complex. Tribes must be able to decide how they wish to manage their water resources, and yet the federal-tribal trust relationship means tribes also rely on the federal government to act in their best interests regarding these water resources. As... |
2011 |
| Erin B. Agee |
IN THE FEDERAL GOVERNMENT WE TRUST? FEDERAL FUNDING FOR TRIBAL WATER RIGHTS SETTLEMENTS AND THE TAOS PUEBLO INDIAN WATER RIGHTS SETTLEMENT ACT |
21 Cornell Journal of Law & Public Policy 201 (Fall 2011) |
Today's relationship between federally recognized Indian tribes and the federal government is complex. Tribes must be able to decide how they wish to manage their water resources, and yet the federal-tribal trust relationship means tribes also rely on the federal government to act in their best interests regarding these water resources. As... |
2011 |
| Daniel K. Oakes |
Inching Toward Balance: Reaching Proper Reform of the Alaska Native Corporations' 8(a) Contracting Preferences |
40 Public Contract Law Journal 777 (Spring, 2011) |
I. Alaska and the ANCSA. 779 II. The Small Business Administration and the 8(a) Business Development Program. 781 A. Creation of the 8(a) Program and Participation Benefits. 781 B. Eligibility Requirements. 782 III. ANC Contracting Preferences. 782 A. Relaxed Admissions and Eligibility Requirements. 782 1. Economic Disadvantage. 782 2. Size and... |
2011 |
| Amelia C. Rendeiro |
Indian Arbitration and "Public Policy" |
89 Texas Law Review 699 (February, 2011) |
Parties choose arbitration for its finality, efficiency, and relative economy. The significance of these considerations is amplified where, as in India, the judiciary is notoriously backlogged and dispute resolution through traditional forums is infamously slow. The state's vital interest in equitable dispute resolution often comes into conflict... |
2011 |
| Carol Juneau , Denise Juneau |
Indian Education for All: Montana's Constitution at Work in Our Schools |
72 Montana Law Review 111 (Winter 2011) |
Montana is a leader in education in many respects. The Montana Constitution requires a quality education for all Montana citizens and guarantees educational opportunity for all students regardless of their geographical location, economic status, or heritage. However, Montana is particularly notable across the country for having a constitutional... |
2011 |
| Matthew A. King |
Indian Gaming and Native Identity |
30 Chicana/o-Latina/o Law Review Rev. 1 (2011) |
Indian gaming is a twenty-six billion dollar a year industry. Between 2006 and 2010, revenues from Indian gaming increased by more than six percent even as many states where Indian gaming is conducted suffered from severe budgetary crises in the wake of a general economic downturn. Amidst this background of Indian gaming's apparent profitability... |
2011 |
| |
Indian Law |
38 No.8 Preview of United States Supreme Court Cases 361 (8/6/2011) |
Overview: The Court of Federal Claims (CFC) has jurisdiction over claims for money damages against the government, but it cannot hear any claim for or in respect to which the plaintiff has a suit pending in another court. The plaintiff had one suit for equitable relief pending in a district court when it sued on the same underlying facts in the... |
2011 |
| Marc M. Levey and Brian P. Arthur |
Indian Supreme Court Sets Aside High Court Ruling in Maruti Suzuki-what's next for Marketing Intangibles? |
22 Journal of International Taxation 24 (January, 2011) |
Benchmarking an entity's activities against industry comparables assumes that the tested party is performing simple functions; doing so for a company's activities that produce marketing intangibles undermines the valuable function that the entity is performing. In the October 2010 issue of the Journal, the authors commented on the marketing... |
2011 |
| Carol Wild Scott |
Indian Veterans' Issues Are Indian Law Issues |
58-APR Federal Lawyer 42 (March/April, 2011) |
It was a very hot, dry, dusty July afternoon a few years ago. My husband, a veteran and a member of the Mountain Assiniboine tribe, was showing me around his reservation in Montana. The road was virtually empty, shimmering in the heat. An old man was standing by the road, looking for a ride. In response to my inquiry about who would be out here... |
2011 |
| Inter-American Commission on Human Rights |
Indigenous and Tribal Peoples' Rights over Their Ancestral Lands and Natural Resources: Norms and Jurisprudence of the Inter-american Human Rights System |
35 American Indian Law Review 263 (2010-2011) |
I. Introduction. 265 II. Sources of Law. 268 A. Inter-American Human Rights Instruments. 268 B. ILO Convention No. 169. 272 C. Other International Treaties and Pronouncements of Treaty Bodies. 273 D. International Customary Law. 275 E. Other International Instruments. 276 F. Domestic Law. 278 III. Definitions. 278 A. Indigenous Peoples; Tribal... |
2011 |
| Inter-American Commission on Human Rights |
INDIGENOUS AND TRIBAL PEOPLES' RIGHTS OVER THEIR ANCESTRAL LANDS AND NATURAL RESOURCES: NORMS AND JURISPRUDENCE OF THE INTER-AMERICAN HUMAN RIGHTS SYSTEM |
35 American Indian Law Review 263 (2010-2011) |
I. Introduction. 265 II. Sources of Law. 268 A. Inter-American Human Rights Instruments. 268 B. ILO Convention No. 169. 272 C. Other International Treaties and Pronouncements of Treaty Bodies. 273 D. International Customary Law. 275 E. Other International Instruments. 276 F. Domestic Law. 278 III. Definitions. 278 A. Indigenous Peoples; Tribal... |
2011 |
| Akilah Jenga Kinnison |
Indigenous Consent: Rethinking U.s. Consultation Policies in Light of the U.n. Declaration on the Rights of Indigenous Peoples |
53 Arizona Law Review 1301 (2011) |
In December 2010, the United States endorsed the United Nations Declaration on the Rights of Indigenous Peoples. The U.N. Declaration articulates a framework of indigenous rights founded in the right to self-determination. Specific corollary rights flow from the right to self-determination. Among these is indigenous peoples' right to free and... |
2011 |
| Sean Burke |
Indigenous Reparations Re-imagined: Crafting a Settlement Mechanism for Indigenous Claims in the Inter-american Court of Human Rights |
20 Minnesota Journal of International Law 123 (Winter 2011) |
Since the advent of the Inter-American Commission of Human Rights (IACHR/ the Commission) and the Inter-American Court of Human Rights (IACtHR/ the Court), these two organs of the Organization of American States (OAS) have addressed human rights promotion and protection in the member States of the OAS. Together, the IACHR and the IACtHR... |
2011 |
| Robert Snyder |
International Legal Regimes to Manage Indigenous Rights and Arctic Disputes from Climate Change |
22 Colorado Journal of International Environmental Law and Policy Pol'y 1 (Winter 2011) |
With warming temperatures, ice has begun to recede revealing Arctic riches. To obtain these riches, Arctic states have begun posturing themselves to obtain the most favorable Exclusive Economic Zone possible. However, the maritime borders that form the Exclusive Economic Zones threaten to cut off indigenous peoples from the resources that they have... |
2011 |
| Taiawagi Helton |
Introduction to the Iachr Report on Indigenous and Tribal Peoples' Rights over Their Ancestral Lands and Natural Resources: Norms and Jurisprudence of the Inter-american Human Rights System |
35 American Indian Law Review 257 (2010-2011) |
From their beginning, relations between tribal nations and the United States have been international, involving political interactions among peoples, often through formal treaties. As the United States expanded across North America to the exclusion of European sovereigns, however, U.S.-Indian relations came to be viewed as a domestic matter,... |
2011 |
| Nicholas Buchanan , Eve Darian-Smith |
Introduction: Law and the Problematics of Indigenous Authenticities |
36 Law and Social Inquiry 115 (Winter, 2011) |
While law has long played a role in forging and perpetuating hierarchies between colonizers and colonized, not only in the past but also in the present day, this long-standing asymmetry of power is increasingly being challenged by Native peoples, who are employing law as a technology of empowerment. And increasingly, indigenous groups are making... |
2011 |
| Ashley Gardana |
Is Newer Technology Always Better?: Why Indigenous Peoples' Technology Should Be Incorporated into the International Fight Against Climate Change |
11 Sustainable Development Law & Policy 64 (Winter, 2011) |
In 2010, with the aim of deviating from business as usual, the member states of the United Nations Framework Convention on Climate Change (Convention) gathered in Cancun, Mexico. The Convention currently consists of two tracks, the Ad Hoc Working Group under the Kyoto Protocol (AWG-KP) and the Ad Hoc Working Group on Long-term Cooperative... |
2011 |
| |
J. Warner Alford Jr. |
81 Mississippi Law Journal 91 (2011) |
With the help of a young lady named Barbara Jean Hill--a classmate of mine at McComb High--I first met Robert Khayat in 1955 during my senior year of high school. Barbara Jean had an aunt and uncle in Moss Point, whom she would often visit. When Barbara Jean would visit Moss Point, Robert--then the big man on campus at Moss Point High--would show... |
2011 |
| Patty D. Cafferata, Esq. |
Judge Joseph "Joe" Van Walraven |
19-AUG Nevada Lawyer 37 (August, 2011) |
Judge Joe Van Walraven opens his spacious courtroom for inspection. He presides behind a rich, golden-colored, wood bench adorned with the Reno-Sparks Indian Colony's seal. The room has a six-seat jury box with six chairs in front for potential jurors to sit in during jury selection. The courtroom is outfitted with counsel tables and ample chairs,... |
2011 |
| Cheyañna L. Jaffke |
Judicial Indifference: Why Does the "Existing Indian Family" Exception to the Indian Child Welfare Act Continue to Endure? |
38 Western State University Law Review 127 (Spring 2011) |
I. Introduction II. The Remedy for Judicial Ignorance: The Indian Child Welfare Act and Its History. 129 A. The Need for the Indian Child Welfare Act. 129 B. The Indian Child Welfare Act. 131 C. The Application of the Indian Child Welfare Act. 134 D. The Indian Child Welfare Act Is Still Necessary. 135 E. The existing Indian family Exception. 136... |
2011 |
| Aaron Drue Johnson |
Just Say No (To American Capitalism): Why American Indians Should Reject the Model Tribal Secured Transactions Act and Other Attempts to Promote Economic Assimilation |
35 American Indian Law Review 107 (2010-2011) |
The economic plight of most American Indians is well documented and widely known. Efforts undertaken by private citizens and the United States government have done little to combat the cycle of poverty. Recently, the National Conference of Commissioners for Uniform Commercial Laws (NCCUSL) has proposed its own solution to the poverty conundrum: the... |
2011 |
| Michael C. Duma |
Kansas' Criminal Jurisdiction in Indian Country: Why the Kansas Act [18 U.s.c. § 3243] Is Unnecessary, Outdated, and Unfair |
50 Washburn Law Journal 685 (Spring 2011) |
State jurisdiction erodes tribal self-government and federal protection, both of which federal policy has long favored and which are important aspects of the trust relationship between the tribes and the United States. There are 564 federally recognized Indian tribes located within the United States. Congress is charged with the duty of defining... |
2011 |
| Melody Kapilialoha MacKenzie |
Ke Ala Pono - the Path of Justice: the Moon Court's Native Hawaiian Rights Decisions |
33 University of Hawaii Law Review 447 (Summer, 2011) |
In the fall of 2008, hundreds of Native Hawaiians and their supporters lined the streets near the Hawai'i State Capitol wearing red T-shirts with the words K I Ka Pono printed across the front and holding signs reading, Justice for Hawaiians and Ceded Lands Are Stolen Lands. The demonstrators were showing their support for a unanimous opinion... |
2011 |
| Larry Nesper |
Law and Ojibwe Indian "Traditional Cultural Property" in the Organized Resistance to the Crandon Mine in Wisconsin |
36 Law and Social Inquiry 151 (Winter, 2011) |
Section 106 of the 1966 National Historic Preservation Act (NHPA) requires that federal agencies must take into account the impact of their regulatory actions on historical properties, among them the traditional cultural properties of American Indian tribes. Conceiving of tribes' own social practices in terms of property creates the possibility... |
2011 |
| Gavin Clarkson , Jim Sebenius |
LEVERAGING TRIBAL SOVEREIGNTY FOR ECONOMIC OPPORTUNITY: A STRATEGIC NEGOTIATIONS PERSPECTIVE |
76 Missouri Law Review 1045 (Fall, 2011) |
I. Introduction. 1046 II. A Brief History of Indian Law and Policy. 1048 A. Early Pequot History. 1049 B. Tribes as Separate Sovereigns. 1051 C. Self Determination and Tribal-State Compacting. 1056 1. Education. 1060 2. Law Enforcement. 1063 3. Taxation. 1064 4. Hunting and Fishing. 1065 D. Rationale for Compacting. 1067 III. A Brief History of... |
2011 |
| José Manuel Pérez Fernández |
Linguistic Rights of Indigenous Peoples in the States of Latin America |
6 Intercultural Human Rights Law Review 379 (2011) |
The protection of language rights of speakers of indigenous languages has experienced important developments in the Latin American sphere, which has served as a framework for the whole process of recognition of cultural and ethnical identity of Indigenous Peoples. This reflects a rejection of assimilation, and an assertion of multicultural and... |
2011 |
| P.G. McHugh, Sidney Sussex College, University of Cambridge |
Lisa Ford, Settler Sovereignty: Jurisdiction and Indigenous People in America and Australia, 1788-1836. Cambridge, Mass.: Harvard University Press, 2010. Pp. 324. $49.95 (Isbn 878-0-674-03565-2) |
29 Law and History Review 313 (February, 2011) |
Lisa Ford has written an important and readable history of the role of law in the transition from an imperial setting to an early national one in which the authority of the Anglo settler polity is consolidating and intensifying its juridical command over its territory and inhabitants. The settings are the state of Georgia and the British colony of... |
2011 |
| Lillian Marquez |
Making "Bad Men" Pay: Recovering Pain and Suffering Damages for Torts on Indian Reservations under the Bad Men Clause |
20 Federal Circuit Bar Journal 609 (2011) |
Of the many peace treaties that the U.S. government created with existing bands of people in unacquired territories, nine explicitly provide for indemnification by the federal government for virtually any wrong committed against a member of a signatory tribe. Since the years in which the nine treaties were signed, this indemnification clause has... |
2011 |
| Gregory Ablavsky |
Making Indians "White": the Judicial Abolition of Native Slavery in Revolutionary Virginia and its Racial Legacy 3 |
159 University of Pennsylvania Law Review 1457 (April, 2011) |
Introduction. 1458 I. The Hidden History of Indian Slavery in Virginia. 1463 A. The Origins of Indian Slavery in Early America. 1463 B. The Legal History of Indian Slavery in Virginia. 1467 C. Indians, Africans, and Colonial Conceptions of Race. 1473 II. Robin v. Hardaway, Its Progeny, and the Legal Reconceptualization of Slavery. 1476 A. Indian... |
2011 |
| Brian P. McClatchey , Coeur d'Alene Casino Resort Hotel |
Message from the Indian Law Section |
54-AUG Advocate 17 (August, 2011) |
The Indian Law Section is grateful for the chance to present a few articles in an effort to help members of the Bar increase their knowledge of a field of practice which is often misunderstood. One of the most complex corners of the field is zoning and environmental regulation on reservations. This topic is difficult for even the most seasoned... |
2011 |
| |
Minor New Source Review Program Issued for Sources in Indian Country |
21 No.5 Air Pollution Consultant 4.1 (2011) |
In a July 1, 2011 final rule (76 FR 38748-38808), EPA established a new source review (NSR) program for emission sources located in Indian country. The NSR regulations for sources in Indian country include two distinct programs. The first program applies to minor stationary sources and minor modifications at major stationary sources. The second... |
2011 |
| Chris Vena |
More than Best Friends: Expansion of Global Law Firms into the Indian Legal Market |
31 Northwestern Journal of International Law and Business 195 (Winter 2011) |
Over the past half century, there has been an accelerating trend towards liberalization in the legal services industry. International free trade agreements have sought to promote open markets for legal services. The United States, United Kingdom, many European countries, Australia, Japan, Russia, China, and Singapore have all opened their legal... |
2011 |
| |
Native American Resources |
2011 ABA Environment, Energy, and Resources Law: The Year in Review 235 (2011) |
In United States v. Tohono O'odham Nation, the Supreme Court held that 28 U.S.C. §1500 barred the Tohono O'odham Nation (Nation) from suing the United States simultaneously for monetary relief in the U.S. Court of Federal Claims (CFC) and for equitable relief in district court based on the same underlying facts. The Nation had filed suit in... |
2011 |
| Ryan David Dreveskracht |
Native Nation Economic Development via the Implementation of Solar Projects: How to Make it Work |
68 Washington and Lee Law Review 27 (Winter, 2011) |
C1-3Table of Contents I. Introduction. 28 II. Economic Development. 32 A. Indian Gaming. 32 B. Practical Sovereignty. 37 C. Capable Institutions. 38 D. Cultural Match. 43 III. Solar Energy. 48 A. General Benefits. 48 1. Rural Areas Without Electricity. 48 2. Environmental Protection. 50 3. Security of Investment. 51 4. Economic Advantages. 57 5.... |
2011 |
| Yuqin Jin |
Necessity: Enacting Laws to Protect Indigenous Intellectual Property Rights in the United States |
19 Transnational Law & Contemporary Problems 950 (Winter 2011) |
I. Introduction. 951 II. Theoretical and Practical Cases for the Enactment of Laws to Protect Indigenous Intellectual Property. 953 A. The Theories Underlying Current Patent Law. 953 B. The Modern Patent Law Theories as a Basis for Indigenous IP Law. 954 III. The United States' Approaches to Protecting Indigenous Intellectual Property Rights of... |
2011 |
| Emir Aly Crowne , Andrew Black , S. Alex Constantin |
Not out of the (Fox)woods Yet: Indian Gaming and the Bankruptcy Code |
2 UNLV Gaming Law Journal 25 (Spring 2011) |
The recent economic downturn has caused Foxwoods Resort Casino, one of the largest casinos in the world, to seek a restructuring of nearly $1.5 billion in debt. Ordinarily, bankruptcy proceedings are triggered when a typical commercial enterprise defaults on its debt. Under these proceedings, creditors step in and collect monies owed to them before... |
2011 |
| Bryce P. Harp |
One Nation? Reexamining Tribal Sovereign Immunity in the Modern Era of Self-determination |
46 Tulsa Law Review 449 (Spring 2011) |
The concept of sovereign immunity is a remnant of early English common law. Under this doctrine, the King is immune from suit because the [K]ing can do no wrong. This concept still survives today, though abrogated to some degree by the federal government and most state and local governments, in the form of tribal sovereign immunity. Similar to... |
2011 |
| Bryce P. Harp |
ONE NATION? REEXAMINING TRIBAL SOVEREIGN IMMUNITY IN THE MODERN ERA OF SELF-DETERMINATION |
46 Tulsa Law Review 449 (Spring 2011) |
The concept of sovereign immunity is a remnant of early English common law. Under this doctrine, the King is immune from suit because the [K]ing can do no wrong. This concept still survives today, though abrogated to some degree by the federal government and most state and local governments, in the form of tribal sovereign immunity. Similar to... |
2011 |
| Judge Tim Connors |
Our Children Are Sacred |
50 No.2 Judges' Journal 33 (Spring, 2011) |
Seven generations ago someone was praying for us. We are the answer to their prayers. We take this responsibility seriously. When you are working with our children, it is sacred work. Our children are sacred. My mother Donna Lou was born in 1939. She and her family lived on Beaver Island in Michigan. After my grandmother died, my mother was... |
2011 |
| Katie Patterson |
Overcoming Barriers to Indigenous Peoples' Participation in Forest Carbon Markets |
22 Colorado Journal of International Environmental Law and Policy 417 (Summer 2011) |
This note seeks to identify principles and methods for encouraging the participation of indigenous peoples in emerging forest carbon markets. To date, the programs under the United Nations Framework Convention on Climate Change (UNFCCC) have failed to adequately account for emissions from tropical deforestation. Reduced Emissions from... |
2011 |
| Ashley E. Breakfield |
Political Cases or Political Questions: the Justiciability of Public Nuisance Climate Change Litigation and the Impact on Native Village of Kivalina V. Exxonmobil |
17 Hastings West-Northwest Journal of Environmental Law, Policy 39 (Winter 2011) |
I. Introduction. 39 II. The Political Question Doctrine. 41 A. Marbury v. Madison and the Classical/Prudential Divide. 42 B. The Scope of the Political Question Doctrine. 43 C. The Second and Third Baker Factors. 45 III. The Political Question Doctrine and Tort-Based Climate Change Litigation. 48 A. The Connecticut v. American Electric Power... |
2011 |
| Matthew J. Prieksat |
Preventing a Pipeline to Nowhere: the Alaska Native Claims Settlement Act as a Model for Resolving the Unsettled Land Claims of the First Nations of Canada |
19 Transnational Law & Contemporary Problems 977 (Winter 2011) |
I. Introduction. 978 II. Commercializing Alaskan Gas. 980 III. Facing Challenges. 983 IV. Land Claims and Canadian Law. 985 V. Protecting Rights: The Canadian Constitution. 987 VI. The Duty to Consult. 988 A. Honour of the Crown: The Duty to Consult Under Haida. 990 1. Facts. 990 2. The Court's Analysis: Injunctive Relief. 991 3. Source of the... |
2011 |
| Danielle M. Conway |
Promoting Indigenous Innovation, Enterprise, and Entrepreneurship Through the Licensing of Article 31 Indigenous Assets and Resources |
64 SMU Law Review 1095 (Summer 2011) |
I. INTRODUCTION. 1096 II. INDIGENOUS INNOVATION AND ENTERPRISE PRE- AND POST-COLONIZATION. 1098 A. Pre-Colonization Indigenous Innovation and Enterprise. 1098 B. Colonization and the Interruption of Indigenous Innovation and Enterprise. 1100 C. Reviving Indigenous Innovation and Enterprise. 1101 III. THE UNITED NATIONS DECLARATION ON THE RIGHTS... |
2011 |
| Matthew L.M. Fletcher |
Race and American Indian Tribal Nationhood |
11 Wyoming Law Review 295 (2011) |
As American Indian tribal nations develop the capacity to govern their own members and engage in substantial economic and political activities with non-members, they may encounter major roadblocks. Tribal nations, like other nations, seek to regulate the activities of all persons within their territorial jurisdictions by exercising the power to tax... |
2011 |
| Matthew L.M. Fletcher |
RACE AND AMERICAN INDIAN TRIBAL NATIONHOOD |
11 Wyoming Law Review 295 (2011) |
As American Indian tribal nations develop the capacity to govern their own members and engage in substantial economic and political activities with non-members, they may encounter major roadblocks. Tribal nations, like other nations, seek to regulate the activities of all persons within their territorial jurisdictions by exercising the power to tax... |
2011 |
| John J. Francis , Stacy L. Leeds , Aliza Organick , Jelani Jefferson Exum |
REASSESSING CONCURRENT TRIBAL-STATE-FEDERAL CRIMINAL JURISDICTION IN KANSAS |
59 University of Kansas Law Review 949 (June, 2011) |
Federal Indian Law is frequently described as a jurisdictional quagmire. Depending on the unique history of a given tribe, the extent to which the tribe has retained a territorial boundary or contiguous land-base, and depending on a tribe's geographic location, a different mix of exclusive or concurrent tribal, state, federal jurisdiction will... |
2011 |
| John Palfrey , Urs Gasser |
Reclaiming an Awkward Term: What We Might Learn from "Digital Natives" |
7 I/S: A Journal of Law and Policy for the Information Society 33 (Winter, 2011) |
The use of the term digital natives has led to a great deal of controversy. Most academics dislike it, for good and sufficient reasons. Among other problems, the term implies that digital skills are innate rather than taught and learned. But the term resonates for many parents, teachers, and policy-makers. In this Article, we describe... |
2011 |