| Author | Title | Citation | Summary | Year |
| 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 |
| 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 |