Margaret Olesnavage , Maribeth D. Preston , Angel D. Sorrells , Stacey M. Tadgerson Disproportionate Minority Contact of American Indians/alaska Natives in the Child Welfare System of Michigan 89-JAN Michigan Bar Journal 31 (January, 2010) The State Court Administrative Office and Michigan Department of Human Services (DHS) are working collaboratively to tackle the state's need to ensure compliance with the Indian Child Welfare Act of 1978 (ICWA). DHS is proactively training caseworkers to identify an Indian child quickly and efficiently, provide culturally appropriate... 2010
Sarah Washburn DISTINGUISHING CARCIERI V. SALAZAR: WHY THE SUPREME COURT GOT IT WRONG AND HOW CONGRESS AND COURTS SHOULD RESPOND TO PRESERVE TRIBAL AND FEDERAL INTERESTS IN THE IRA'S TRUST-LAND PROVISIONS 85 Washington Law Review 603 (August, 2010) Abstract: Section 5 of the Indian Reorganization Act (IRA) authorizes the Secretary of the Interior to acquire and hold land in trust for the purpose of providing land for Indians. In 2009, the Supreme Court held in Carcieri v. Salazar that to qualify for the benefits of Section 5, tribes must show they were under federal jurisdiction at the time... 2010
Brian L. Lewis Do You Know What You Are? You Are What You Is; You Is What You Am: Indian Status for the Purpose of Federal Criminal Jurisdiction and the Current Split in the Courts of Appeals 26 Harvard Journal on Racial & Ethnic Justice 241 (Spring 2010) Who is an Indian for purposes of criminal prosecution in the United States' federal courts under the Major Crimes Act, 18 U.S.C. § 1153? The statute does not say. While seemingly straightforward, the answer to this question may be complicated and uncertain. Moreover, if one is in the Eighth Circuit or the Ninth Circuit, the answer may differ.... 2010
Zackeree S. Kelin; Kimberly Younce Schooley Dramatically Narrowing Rfra's Definition of "Substantial Burden" in the Ninth Circuit--the Vestiges of Lyng V. Northwest Indian Cemetery Protective Association in Navajo Nation et Al. V. United States Forest Service et Al. 55 South Dakota Law Review 426 (2010) The Court in Lyng denied the Free Exercise claim in part because it could not see a stopping place. We uphold the RFRA claim in this case in part because otherwise we cannot see a starting place. If Appellants do not have a valid RFRA claim in this case, we are unable to see how any Native American plaintiff can ever have a successful RFRA claim... 2010
Robert N. Clinton Enactment of the Indian Gaming Regulatory Act of 1988: the Return of the Buffalo to Indian Country or Another Federal Usurpation of Tribal Sovereignty? 42 Arizona State Law Journal 17 (Spring 2010) The history of contact between Anglo-American settlers and Indian tribes constitutes nothing less than a virtually unending story involving the transfer of valuable resources, like land, gold, coal, oil, timber, uranium, and even the very sovereignty of Indian peoples, from native control to non-Indian ownership or control. That process of... 2010
Robert N. Clinton ENACTMENT OF THE INDIAN GAMING REGULATORY ACT OF 1988: THE RETURN OF THE BUFFALO TO INDIAN COUNTRY OR ANOTHER FEDERAL USURPATION OF TRIBAL SOVEREIGNTY? 42 Arizona State Law Journal 17 (Spring 2010) The history of contact between Anglo-American settlers and Indian tribes constitutes nothing less than a virtually unending story involving the transfer of valuable resources, like land, gold, coal, oil, timber, uranium, and even the very sovereignty of Indian peoples, from native control to non-Indian ownership or control. That process of... 2010
Matthew Kekoa Keiley Ensuring Our Future by Protecting Our Past: an Indigenous Reconciliation Approach to Improving Native Hawaiian Burial Protection 33 University of Hawaii Law Review 321 (Winter 2010) The sounds of the uw travel across the ocean on the brisk night wind. As family members assemble around the body, a grieving mother gently whispers the names of those entering the hale into the unhearing ears of the young man. Those gathered spend the night recalling tales of the young man's life; the wailing continues to pierce the heavy night... 2010
Eve Darian-Smith Environmental Law and Native American Law 6 Annual Review of Law and Social Science 359 (2010) indigenous sovereignty, environmental racism, Indian gaming, Environmental Protection Agency This review seeks to engage two bodies of scholarship that have typically been analyzed as discrete areas of enquiry--environmental law and American Indian law. In the twenty-first century, native peoples' involvement in environmental politics is becoming... 2010
James M. Grijalva Epa's Indian Policy at Twenty-five 25-SUM Natural Resources & Environment 12 (Summer, 2010) Lawyers representing clients involved in regulated activities in and near Indian country confront a regulatory morass worthy of special recognition even in the notably complicated realm of environmental law. Answering basic questions like which governmental agency has authority to issue permits and whose standards apply and in what way can be... 2010
Nicholas A. Fromherz, Joseph W. Mead EQUAL STANDING WITH STATES: TRIBAL SOVEREIGNTY AND STANDING AFTER MASSACHUSETTS V. EPA 29 Stanford Environmental Law Journal 130 (2010) Introduction. 130 I. Massachusetts v. EPA. 133 A. Standing Background. 134 B. The Litigation Itself. 137 1. Background. 138 2. Supreme Court. 139 C. Sovereignty and Standing after Massachusetts. 146 II. Indian Sovereignty: Its Nature and Scope. 149 A. History. 150 B. The Law. 155 1. The Marshall Trilogy. 155 2. Beyond the Marshall Trilogy:... 2010
Michelle Uberuaga Zanoni Evaluating the Consequences of Climate Change on Indian Reserved Water Rights and the Pia: the Impracticably Irrigable Acreage Standard 31 Public Land & Resources Law Review 125 (2010) I. Introduction. 126 II. Indian Reserved Water Rights. 128 A. Allocating Water Resources in the United States. 129 B. Winters Doctrine. 131 C. Scope of Indian Reserved Water Rights. 133 III. Quantifying Indian Reserved Water Rights. 135 A. Arizona and the PIA Standard. 135 B. Impracticably Irrigable Acreage. 138 IV. Climate Change and Indian... 2010
Umakanth Varottil Evolution and Effectiveness of Independent Directors in Indian Corporate Governance 6 Hastings Business Law Journal 281 (Summer 2010) An independent board of directors in public listed companies is seen as an integral element of a country's corporate governance norms. Board independence has taken on such a pivotal status in corporate governance that it has become almost indispensable. Consequently, governance reform in recent years has increasingly pinned hope as well as... 2010
Emily Hart Cobb Fifty Thousand Years Old and Still Fighting for Rights: the Continuing Struggle of Australia's Indigenous Population 38 Georgia Journal of International and Comparative Law 375 (Winter, 2010) The Government doesn't make it easy for you to change your life, says Rosemary. They should help us more. Rosemary Maraltadj is an Aboriginal Australian teenager living in the remote village of Kalumburu. She realized that she would face a dead-end future if she remained at home, so she sought the help of the Australian Army Assistance... 2010
Jill E. Tompkins Finding the Indian Child Welfare Act in Unexpected Places: Applicability in Private Non-parent Custody Actions 81 University of Colorado Law Review 1119 (Fall 2010) In recent years, as an increasing number of Indian parents struggle with substance abuse and addiction, the number of abused and neglected Indian children is on the rise. Consequently, state child welfare agencies are overwhelmed, and caseworkers are only able to intervene in the most egregious situations. This understaffing of state agencies... 2010
Courtenay W. Daum, Eric Ishiwata From the Myth of Formal Equality to the Politics of Social Justice: Race and the Legal Attack on Native Entitlements 44 Law and Society Review 843 (September/December, 2010) This article examines how the conservative legal movement's successful count-ermobilization of the politics of rights enables U.S. Supreme Court outcomes that exacerbate racial and ethnic inequities while solidifying the privileged position of others in the name of equality. A comparison of two pivotal Supreme Court cases involving native... 2010
Rusaslina Idrus , Institute of Southeast Asian Studies From Wards to Citizens: Indigenous Rights and Citizenship in Malaysia 33 PoLAR: Political and Legal Anthropology Review 89 (May, 2010) In recent years, indigenous peoples in Malaysia have begun to pursue a new strategy in claiming property rights: they are turning to the legal system, using lawsuits to make their claims. In this article, I suggest that this changed approach marks an important turning point in the Orang Asli-Malaysian state relationship. The legal arena reframes... 2010
Jessica M. Wiles Have American Indians Been Written out of the Religious Freedom Restoration Act? 71 Montana Law Review 471 (Summer 2010) Haiya naiya yana, I have come upon it, I have come upon blessing, People, my relatives, I have come upon blessing, People, my relatives, blessed. -Navajo Blessingway Song The San Francisco Peaks rise in dramatic isolation nearly a mile above the surrounding grasslands and pine forests of Northern Arizona to a height of over 12,000 feet. The Peaks... 2010
Audrey Bryant Braccio HOW THE ANTI-GAMING BACKLASH IS REDEFINING TRIBAL GOVERNMENT FUNCTIONS 34 American Indian Law Review 171 (2010) The majority of U.S. states today have tribal gaming enterprises, all of which came into existence in the last few decades. As reservation gaming operations have expanded, these entities have been attacked on multiple fronts-some straightforward and some more subtle. One area of major change and significance is the gradual infringement on the... 2010
Kelsey Collier-Wise Identity Theft: a Search for Legal Protections of Intangible Indigenous Cultural Property 13 Great Plains Natural Resources Journal 85 (Spring 2010) I. INTRODUCTION. 85 II. THE NEED TO PROTECT INDIGENOUS CULTURAL PROPERTY. 86 A. The Appropriation Epidemic. 86 B. The Damage Done. 89 III. LEGAL REMEDIES. 90 A. The Tribal Law Approach. 90 B. A Federal Law Approach. 93 IV. CHALLENGES TO A LEGAL PROTECTION OF INTANGIBLE CULTURAL RIGHTS. 98 A. Enforcement. 98 V. CONCLUSION. 101 In the American legal... 2010
Suzianne D. Painter-Thorne If You Build It, They Will Come: Preserving Tribal Sovereignty in the Face of Indian Casinos and the New Premium on Tribal Membership 14 Lewis & Clark Law Review 311 (Spring 2010) This Article considers recent disputes over membership decisions made by American Indian tribal governments. Since Congress passed the Indian Gaming Regulatory Act in 1988, Indian casinos have flourished on some tribal reservations. Some argue that the new wealth brought by casinos has increased fights over membership as tribes seek to expel... 2010
Suzianne D. Painter-Thorne IF YOU BUILD IT, THEY WILL COME: PRESERVING TRIBAL SOVEREIGNTY IN THE FACE OF INDIAN CASINOS AND THE NEW PREMIUM ON TRIBAL MEMBERSHIP 14 Lewis & Clark Law Review 311 (Spring 2010) This Article considers recent disputes over membership decisions made by American Indian tribal governments. Since Congress passed the Indian Gaming Regulatory Act in 1988, Indian casinos have flourished on some tribal reservations. Some argue that the new wealth brought by casinos has increased fights over membership as tribes seek to expel... 2010
Korir Sing' Oei A. , Jared Shepherd 'In Land We Trust': the Endorois' Communication and the Quest for Indigenous Peoples' Rights in Africa 16 Buffalo Human Rights Law Review 57 (2010) This article examines Communication 276/2003, Center for Minority Rights Development (Kenya) and Minority Rights Group International on behalf of the Endorois Welfare Council v. Kenya, argued before the African Commission on Human and Peoples' Rights. The Endorois Communication is one of the first indigenous rights claims to be examined by an... 2010
Jan Bissett , Margi Heinen In the Law: Keeping Current with American Indian Legal Resources 89-FEB Michigan Bar Journal 48 (February, 2010) This month we focus on materials that help practitioners remain current with American Indian legal issues and news stories of interest. We'll also provide links to library or tribal collection research guides that may assist you in identifying or locating materials. The Libraries and Legal Research column last addressed American Indian legal... 2010
Carole Goldberg In Theory, in Practice: Judging State Jurisdiction in Indian Country 81 University of Colorado Law Review 1027 (Fall 2010) International relations theory suggests some new ways of thinking about the conflict between states and tribes over jurisdiction in Indian country. Realists portray the struggle as a clash of self-interested political actors, with the most powerful prevailing. Norms-driven theory suggests that perceptions of which legal system satisfies widely... 2010
Prv Raghavan Indian Budget 2010-2011 21 Journal of International Taxation 38 (August, 2010) Effective from April 1, 2011, will be the new Direct Tax Code and major reforms for indirect taxes. The Union Budget for 2010-2011, the second of the United Progressive Alliance (UPA) government after the general elections in 2009, was presented by Union Finance Minister Pranab Mukherjee on February 26, 2010. The Finance Bill, 2010, was passed by... 2010
Angel Sorrells , Cami Fraser, Thomas Myers, Aaron Allen Indian Children and Termination of Parental Rights 89-FEB Michigan Bar Journal 28 (February, 2010) The Michigan Supreme Court has made its first major foray into the Indian Child Welfare Act (ICWA), a federal law that mandates minimum federal standards in child protection cases involving Indian children, which means more rigorous preventive measures and higher standards of evidentiary proof. Although Cheryl Lee ultimately lost her parental... 2010
Matthew L. M. Fletcher , Kathryn E. Fort , Wenona T. Singel Indian Country Law Enforcement and Cooperative Public Safety Agreements 89-FEB Michigan Bar Journal 42 (February, 2010) Jurisdiction in Indian country is complicated by federal laws, policies, and court decisions. Police officers in Indian country are asked to navigate a formidable body of law to determine what authority they may wield in a variety of situations. Officers, who must treat every routine traffic stop as a potentially life-threatening situation, must... 2010
Marc Slonim Indian Country, Indian Reservations, and the Importance of History in Indian Law 45 Gonzaga Law Review 517 (2009-10) I have had the special privilege of representing Indian tribes for almost 30 years. At our firm, we view our Indian law practice, as well as our environmental work, as a form of public interest law. My firm began practicing Indian law long before the advent of Indian gaming, when tribes typically had very limited resources for legal services, and... 2010
Katherine J. Florey Indian Country's Borders: Territoriality, Immunity, and the Construction of Tribal Sovereignty 51 Boston College Law Review 595 (May, 2010) This Article explores the consequences of an anomaly in the Supreme Court's Indian law jurisprudence. In the past few decades, the Court has sharply limited the regulatory powers of tribal governments and the jurisdiction of tribal courts while leaving intact the sovereign immunity that tribes have traditionally enjoyed. The result has... 2010
Alex Tallchief Skibine Indian Gaming and Cooperative Federalism 42 Arizona State Law Journal 253 (Spring 2010) I. Introduction. 254 II. Reconciling Conflicting Versions of the Trust Doctrine. 259 A. Origin(s) of the Trust. 259 B. Perversion of the Trust. 261 C. Modification of the Trust: The Scholarly Debate. 262 D. Tying the Trust to the Power of Congress in Indian Affairs. 265 E. Tying the Trust to the Executive Branch's Role in Statutory Interpretation.... 2010
Zeke Fletcher Indian Gaming and Tribal Self-determination 89-FEB Michigan Bar Journal 38 (February, 2010) In a few short years, the seven Michigan Indian tribes who are signatories to the first wave of gaming compacts with the state of Michigan under the Indian Gaming Regulatory Act (IGRA) in 1993 will begin the process of renewing or even renegotiating those seminal agreements. The 1993 compacts resulted from a consent judgment reached between the... 2010
Robert T. Anderson Indian Water Rights, Practical Reasoning, and Negotiated Settlements 98 California Law Review 1133 (August, 2010) Indian reserved water rights have a strong legal foundation buttressed by powerful moral principles. As explained more fully below, the Supreme Court has implied reserved tribal water rights when construing treaties and other similar legal instruments. The precise scope and extent of these rights in any treaty are unknown until quantified by a... 2010
Fred L. Borch III, Regimental Historian & Archivist Indians as War Criminals? The Trial of Modoc Warriors by Military Commission 2010-JUN Army Lawyer Law. 7 (June, 2010) 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... 2010
Valerie J. Phillips Indigenous (Ecological) Economics Remastered 49 Washburn Law Journal 781 (Spring 2010) In the real world, nation-states such as the United States, base their economic activity on a particular economic policy or policies. In turn, those economic policies are based on a particular economic theory. Governmental officials and legislators at the national and international levels routinely consult economic advisors to assist them with the... 2010
Seth Korman Indigenous Ancestral Lands and Customary International Law 32 University of Hawaii Law Review 391 (Summer, 2010) [T]he right of abode is a creature of the law. The law gives it and the law may take it away. - Lord Hoffman (majority opinion) [T]here is no indication that the Government gave any real weight to the common law right of abode which the Chagossians . . . still enjoyed . . . by virtue of their birth and connections with [their homeland]. - Lord... 2010
Lillian Aponte Miranda Indigenous Peoples as International Lawmakers 32 University of Pennsylvania Journal of International Law 203 (Fall 2010) Through a transnational social movement that has capitalized upon the politics of difference, local communities of indigenous peoples have significantly participated in the construction of a distinctive international legal identity and derivative framework of human rights. The ability of a traditionally marginalized community to succeed in... 2010
Catherine J. Iorns Magallanes Indigenous Rights and Democratic Rights in International Law: an "Uncomfortable Fit"? 15 UCLA Journal of International Law and Foreign Affairs 111 (Spring 2010) Over the last 25 years, international recognition of the human rights of indigenous peoples has been increasing. One aspect of this recognition notes that existing, relevant human rights law has not been applied to their particular situations, such that indigenous peoples have not been accorded their full human rights. A second aspect is the... 2010
Rebecca Tsosie Indigenous Women and International Human Rights Law: the Challenges of Colonialism, Cultural Survival, and Self-determination 15 UCLA Journal of International Law and Foreign Affairs 187 (Spring 2010) As indigenous peoples move toward full realization of their right to self-determination, as affirmed by the text of the United Nations Declaration on the Rights of Indigenous Peoples, some have queried whether this will promote the ability of indigenous groups to violate the rights of vulnerable members, particularly women. International human... 2010
Naomi Johnstone Indonesia in the 'Redd': Climate Change, Indigenous Peoples and Global Legal Pluralism 12 Asian-Pacific Law and Policy Journal 93 (2010) Introduction. 93 I. Section One: Legal Pluralism Theory. 95 A. Development of the concept of legal pluralism. 96 B. Non-state law: The other hemisphere of the legal world. 98 II. Section Two: REDD and Indonesia. 105 A. UNFCCC and the Kyoto Protocol. 105 III. Section Three: Indigenous Resistance to REDD. 108 A. The CERD Committee: Strategic use of... 2010
J. Anthony Cookson , University of Chicago Institutions and Casinos on American Indian Reservations: an Empirical Analysis of the Location of Indian Casinos 53 Journal of Law & Economics 651 (November, 2010) This paper empirically investigates the institutional determinants of whether a tribal government invests in a casino. I find that the presence of Indian casinos is strongly related to plausibly exogenous variation in reservations' legal and political institutions. Tribal governments that can negotiate gaming compacts with multiple state... 2010
  Introduction to the National Native American Law Students Association 9 Annual Writing Competition 27 Arizona Journal of International & Comparative Law 191 (Spring, 2010) The National Native American Law Students Association (NNALSA) was founded in 1970 to promote the study of federal Indian law, tribal law and traditional forms of governance, in addition to providing support to Native Americans in law school and to expose the general public to issues faced by Native Americans and tribal governments. You can learn... 2010
Raymond Cross Keeping the American Indian Rancher on the Land: a Socio-legal Analysis of the Rise and the Demise of American Indian Ranching on the Northern Great Plains 49 Washburn Law Journal 745 (Spring 2010) Indian ranching arose on the northern Great Plains, in the late nineteenth century, due to two seemingly unrelated factors that later combined to make possible its establishment in that region of Indian Country. The first factor, bio-social in character, was the early European settlers' introduction into North America of two exotic beasts, the... 2010
Rebecca Tsosie Keynote Address : Indigenous Peoples and Global Climate Change: Intercultural Models of Climate Equity 25 Journal of Environmental Law & Litigation Litig. 7 (2010) I am very pleased to be here and honored that you entrusted me with the opening remarks for this wonderful symposium. I want to start with this thought: I see the climate change issues confronting us today as an opportunity. These are serious issues, to be sure, and they seem quite overwhelming, which inspires many people to choose not to think... 2010
Kevin K. Washburn Keynote Address: "The next Great Generation of American Indian Law Judges" 81 University of Colorado Law Review 959 (Fall 2010) Every American schoolboy knows that government in the United States is a complex and elegant structure designed to accomplish coordination between multiple states and one central government. By high school or college, the student might even know enough to identify the U.S. system as a federalist structure. In school, students are taught to admire... 2010
Laura E. Pisarello Lawless by Design: Jurisdiction, Gender and Justice in Indian Country 59 Emory Law Journal 1515 (2010) [O]ur method of dealing with [murder] was Crow Dog should go take care of Spotted Tail's family, and if he didn't do that we'd banish him from the tribe. But that was considered too barbaric . . . so they passed the Major Crimes Act that said we don't know how to handle murderers and they were going to show us. [I]f you want to rape or kill... 2010
Keith Richotte, Jr. LEGAL PLURALISM AND TRIBAL CONSTITUTIONS 36 William Mitchell Law Review 447 (2010) I. Introduction. 447 II. A Legal Pluralist Approach. 449 III. Legal Pluralism and Tribal Constitutions. 458 IV. Precursors to the Tribal Constitution. 461 V. The First Tribal Constitution. 474 VI. Turtle Mountain and the IRA. 487 VII. Turtle Mountain and Legal Pluralism. 499 2010
Katherine Drabiak-Syed LESSONS FROM HAVASUPAI TRIBE V. ARIZONA STATE UNIVERSITY BOARD OF REGENTS: RECOGNIZING GROUP, CULTURAL, AND DIGNITARY HARMS AS LEGITIMATE RISKS WARRANTING INTEGRATION INTO RESEARCH PRACTICE 6 Journal of Health & Biomedical Law 175 (2010) In March 2010, members of the Havasupai tribe and Arizona State University Board of Regents (ASU) entered into a settlement agreement, signaling the end of a lengthy legal battle over the research use of blood samples. Approximately twenty years ago, researchers at ASU began collecting blood from members of the tribe to conduct what the tribe... 2010
Nicholas A. Robinson Minimum Standards: the Un Declaration on the Rights of Indigenous Peoples 28 Pace Environmental Law Review 346 (Fall 2010) The foundation of public international law is equity. The principle of equity is binding on all States. It is also a principle found within each of the world's legal traditions and enshrined in national law. Without fairness there is injustice. Equity requires mutual respect and a willingness, in good faith, to engage together toward accommodating... 2010
Jacqueline R. Papez Native (Hydro)power: Alternate Avenues for Achieving Native Control of Natural Resources on Tribal Lands, with Focus on Hydropower Dams 46 Idaho Law Review 671 (2010) C1-4TABLE OF CONTENTS I. L2-3,T3INTRODUCTION 671. II. L2-3,T3LOOKING TO HISTORY TO DETERMINE OWNERSHIP OF THE BEDS AND BANKS 673. A. Montana v. United States. 674 B. Confederated Salish & Kootenai Tribes v. Namen. 677 III. L2-3,T3THE CASE OF THE CONFEDERATED SALISH AND KOOTENAI TRIBES: USING THE FERC PROCESS TO GAIN DAM CONTROL 679. A. The... 2010
  Native American Resources 2010 ABA Environment, Energy, and Resources Law: The Year in Review 239 (2010) On December 10, 2010, President Obama signed the Claims Resolution Act, which authorizes a settlement agreement in the long-running class action, Cobell v. Salazar. The case arose in 1996 when individual Indian trust account holders filed suit against the Secretary of the Interior seeking damages for breach of fiduciary duties in the management of... 2010
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