Marc Abrams Native Americans, Smokey Bear and the Rise and Fall of Eastern Oak Forests 18 Penn State Environmental Law Review 141 (Winter 2010) Vegetation change is brought about by natural and anthropogenic processes, as well as an interaction of the two. Natural processes that impact vegetation include climate change, ecological disturbances (lightning fire), insect and disease outbreaks, extreme weather events, geologic phenomenon, and plant succession. Anthropogenic impacts include... 2010
R. HōKūlei Lindsey Native Hawaiians and the Ceded Lands Trust: Applying Self-determination as an Alternative to the Equal Protection Analysis 34 American Indian Law Review 223 (2009-2010) And while we sought by peaceful political means to maintain the dignity of the throne, and to advance national feeling among the native people, we never sought to rob any citizen, wherever born, of either property, franchise, or social standing. These are the words of Hawai'i's last reigning monarch, Queen Lili'uokalani. The Queen wrote these... 2010
Judy Meadows, State law librarian New Indian Law Portal Is Now Open 35-FEB Montana Lawyer 27 (February, 2010) The State Law Library of Montana is pleased to announce that the Montana Indian Law Portal is now open, This website was originally proposed by Denise Juneau, who at the time was director of the Office of Public Instruction's Indian Education Division. Identifying and acquiring Montana's tribal legal documents had always been... 2010
Miriam Shakow, Vanderbilt University New Languages of the State: Indigenous Resurgence and the Politics of Knowledge in Bolivia Bret Gustafson (Durham, Nc: Duke University Press, 2009) 33 PoLAR: Political and Legal Anthropology Review 400 (November, 2010) In this riveting ethnography, Bret Gustafson draws on two decades of engaged scholarship to trace the process of Guarani indigenous mobilization in Bolivia through an examination of EIB. Intercultural Bilingual Education. In 1990, indigenous groups from Bolivia's tropical lowlands organized the March For Territory and Dignity to Bolivia's capital,... 2010
Rebecca A. Hart No Exceptions Made: Sexual Assault Against Native American Women and the Denial of Reproductive Healthcare Services 25 Wisconsin Journal of Law, Gender & Society 209 (Fall 2010) Introduction. 211 I. Sexual Assault in Indian Country. 216 A. The Epidemic of Sexual Assault in Indian Country. 216 B. The Federal Trust Relationship and Criminal Jurisdiction in Indian Country. 217 i. Federal and Tribal Criminal Jurisdiction over Sexual Assault Committed by a Native American. 218 ii. Federal and Tribal Criminal Jurisdiction over... 2010
Edith Brown Weiss On Being Accountable in a Kaleidoscopic World 104 American Society of International Law Proceedings 477 (March 24-27, 2010) The lecture began at 4:15 p.m., Friday, March 26, and was given by Edith Brown Weiss, of Georgetown University Law Center. It is a great honor and pleasure to deliver the Manley O. Hudson Lecture to this distinguished audience of colleagues and friends from across the world. In this presentation, I want to explore the concept of accountability in... 2010
Travis G. Buchanan One Company, Two Worlds: the Case for Alaska Native Corporations 27 Alaska Law Review 297 (December, 2010) In light of the recent uproar about participation by Alaska Native Corporations in the 8(a) Small Business Development Program, this Note examines the criticisms of such participation and identifies these criticisms' shortcomings, which the Note argues result from a narrow understanding of ANCs and the 8(a) program. Instead, the Note makes the case... 2010
Natasha Baldauf One-way Track to Desecration: Implications of the Honolulu Rail's Failure to Comply with Protections Mandated for Native Hawaiian Burials 12 Asian-Pacific Law and Policy Journal 141 (2010) Introduction. 142 I. Laying the Foundation: Understanding the Cultural Framework of Iwi And Rail. 146 A. Iwi's Cultural and Historical Significance to Native Hawaiians. 146 B. Continuing Challenges in the Protection of Sacred Sites and Burials. 152 C. Kaka'ako: Ground Zero for Native Hawaiian Burials. 156 D. Basic Overview of Rail Project. 158 II.... 2010
Kamille Wolff Out of Many, One People; E Pluribus Unum: an Analysis of Self-identity in the Context of Race, Ethnicity, and Culture 18 American University Journal of Gender, Social Policy and the Law 747 (2010) I. Introduction. 748 II. Self-Identity and Ethnicity. 750 A. Self-Identity Viewed Through the Immigrant Lens. 750 B. Self-Identity and Nationality. 752 C. Self-Identity in the Shape of Ethnic Consciousness. 756 III. Self-Identity and Culture. 764 A. Music as Cultural Expression. 764 1. Reggae and Reggaetón. 764 2. The Hip Hop Movement. 768 IV.... 2010
Shriya Malhotra Population Health Through Inclusive Urban Planning: Healthier Communities and Sustainable Urban Development in Indian Cities 11 Sustainable Development Law & Policy 51 (Fall, 2010) If cities are the defining artifacts of civilization a nation may now be judged by the health of its urban majority. Christopher Dye The definition and importance of urban public health has evolved in recent years, both in developed and developing countries. Once dominated by biomedical statistics and epidemiology, the public health field is... 2010
R. Lance Boldrey, Jason Hanselman Proceed with Prudence 89-FEB Michigan Bar Journal 34 (February, 2010) Michigan is home to 12 federally recognized Indian tribes that should generate more than $1.5 billion in revenue in 2010. With this business activity conies many opportunities for Michigan companies. While this article cannot cover every issue a practitioner may encounter, it provides a practical primer for lawyers negotiating business transactions... 2010
Willem van Genugten Protection of Indigenous Peoples on the African Continent: Concepts, Position Seeking, and the Interaction of Legal Systems 104 American Journal of International Law 29 (January, 2010) African indigenous peoples confront gross human rights violations, both on the macrolevel of the peoples as a whole, and on the microlevel of the individuals belonging to them. These violations relate to such issues as the right to self-determination; the ownership of land and natural resources, as part of their right to life; the existence of... 2010
Lorie M. Graham Reconciling Collective and Individual Rights: Indigenous Education and International Human Rights Law 15 UCLA Journal of International Law and Foreign Affairs 83 (Spring 2010) This paper was written for the UCLA Journal of International Law and Foreign Affairs, which sponsored a symposium titled Indigenous Peoples' Rights in the International Human Rights Framework: A Comfortable Fit? . This question of a comfortable fit is one that has informed my work as a member of the ILA Committee on the Rights of Indigenous... 2010
Bethany R. Berger Reconciling Equal Protection and Federal Indian Law 98 California Law Review 1165 (August, 2010) Federal Indian law and policy, which largely concern the distinct status of Indian individuals and tribes defined in part by descent, increasingly face challenges that they violate equal protection law. This Article argues that such challenges stem from what Professor Philip Frickey has criticized as the seduction of artificial coherence, and... 2010
Douglas B. L. Endreson Reconciling the Sovereignty of Indian Tribes in Civil Matters with the Montana Line of Cases 55 Villanova Law Review 863 (2010) CONSIDERATION of the United States Supreme Court's recent decisions on issues of tribal inherent sovereign authority in civil matters is plainly timely. Indian tribes are assuming more and more responsibility for governing persons, Indian and non-Indian, and activities in Indian country, relying for these purposes on their inherent sovereign powers... 2010
Siegfried Wiessner Re-enchanting the World: Indigenous Peoples' Rights as Essential Parts of a Holistic Human Rights Regime 15 UCLA Journal of International Law and Foreign Affairs 239 (Spring 2010) Indigenous peoples have maintained key features of their identity against many challenges over time. Under the banner-cry of cultural diversity, the modern community of states has recognized their rights to their culture, their self-determination, and their land. These novel communal rights are necessary elements of a legal regime that responds... 2010
Sarah Deer Relocation Revisited: Sex Trafficking of Native Women in the United States 36 William Mitchell Law Review 621 (2010) I. Introduction. 622 II. Historical Overview: Preliminary Notes on Context. 630 III. Enslavement. 632 A. Pre-Colonial Human Captivity. 633 B. Indian Slavery under Spanish and Portuguese Law. 636 C. Indian Slavery under English Law. 638 D. Indian Slavery under French Law. 639 E. Indian Slavery in the United States. 640 IV. Exploitation. 640 A.... 2010
Ron J. Whitener Research in Native American Communities in the Genetics Age: Can the Federal Data Sharing Statute of General Applicability and Tribal Control of Research Be Reconciled? 15 Journal of Technology Law and Policy 217 (December, 2010) I. Introduction. 218 II. Researchers and Native America: A Troubled History. 220 A. Native Americans and Anthropologists. 220 1. Native American Remains Collection and Research. 221 2. The Kennewick Man Litigation. 223 B. The New Frontier: Medical and Health Research in Native American Communities. 226 1. Native American Health and Research. 227... 2010
Troy A. Eid , Carrie Covington Doyle Separate but Unequal: the Federal Criminal Justice System in Indian Country 81 University of Colorado Law Review 1067 (Fall 2010) In this Article, Troy Eid, a former United States Attorney for the District of Colorado, and Carrie Covington Doyle conclude that the federal criminal justice system serving Indian country today is separate but unequal and violates the Equal Protection rights of Native Americans living and working there. That system discriminates invidiously... 2010
Ann E. Tweedy SEX DISCRIMINATION UNDER TRIBAL LAW 36 William Mitchell Law Review 392 (2010) I. Background and Introduction. 393 A. The Indian Civil Rights Act. 394 B. The Supreme Court's Decision in Santa Clara v. Martinez. 395 C. Organization of the Article. 398 D. Methodology. 401 II. Tribal Sex Discrimination Laws. 403 A. Equal Protection and Related Guarantees. 404 1. The Northern Plains Intertribal Court of Appeals' Decision... 2010
Jacqueline P. Hand, David C. Koelsch Shared Experiences, Divergent Outcomes: American Indian and Immigrant Victims of Domestic Violence 25 Wisconsin Journal of Law, Gender & Society 185 (Fall 2010) I. Unlikely Allies? The Intersecting Lives of American Indian and Immigrant Women. 186 II. Comparison of Demographic Trends and Domestic Violence. 188 A. American Indian Women. 188 B. Immigrant Women. 189 III. Failings of Criminal Justice System for American Indian Women. 195 IV. Failings of Immigration System for Immigrant Women. 198 V. VAWA to... 2010
Brian L. Lewis So Close, Yet So Far Away: a Comparative Analysis of Indian Status in Canada and the United States 18 Willamette Journal of International Law and Dispute Resolution 38 (2010) I. Introduction. 39 II. Historical & Legal Perspectives of Indian Status in Canada. 40 A. Canadian Constitution and Acts Regarding Indian Status. 40 B. Much Later, Indian Status and Discrimination Against Indian Women Changed In Canada. 43 III. United States Federal Government Acknowledgement of Indian Status is Governed by the Constitution,... 2010
G. William Rice Some Thoughts on the Future of Indian Gaming 42 Arizona State Law Journal 219 (Spring 2010) As the debate [on Indian Gaming in the Congress] unfolded, it became clear that the interests of the states and of the gaming industry extended far beyond their expressed concern about organized crime. Their true interest was protection of their own games from a new source of economic competition. Never mind the fact that tribes have used gaming... 2010
Catherine T. Struve Sovereign Litigants: Native American Nations in Court 55 Villanova Law Review 929 (2010) THE topic of this symposium--Sovereignty's Seductions: Reconciling Conflicting Claims to Govern --invited participants to discuss a wide array of attributes of sovereignty. I chose as my topic the sovereignty of Native American nations. As is well known, Native American tribes pre-existed both the state and federal governments. The federal... 2010
Mary-Beth Moylan SOVEREIGN RULES OF THE GAME: REQUIRING CAMPAIGN FINANCE DISCLOSURE IN THE FACE OF TRIBAL SOVEREIGN IMMUNITY 20 Boston University Public Interest Law Journal 1 (Fall 2010) I. Introduction. 1 II. Sovereignty. 5 A. Tribal Sovereignty and Tribal Sovereign Immunity. 6 1. History of Tribal Sovereignty. 6 2. Jurisprudence Concerning Tribal Sovereign Immunity. 11 B. State Sovereignty and Guaranteed Powers. 14 III. Developments in Campaign Disclosure Laws. 15 IV. The Intersection of Tribal, Federal, and State Sovereignty... 2010
Allison M. Dussias Spirit Food and Sovereignty: Pathways for Protecting Indigenous Peoples' Subsistence Rights 58 Cleveland State Law Review 273 (2010) The right of taking fish at usual and accustomed grounds and stations is further secured to said Indians . . . together with the privilege of hunting and gathering roots and berries . . . . -Treaty of Point No Point, 1855 Water is the life-supporting blood of Mother Earth that human beings share in common with all living things. -Sokaogon Chippewa... 2010
Remarks of Justice Michael F. Cavanagh State Court Administrative Office--court Improvement Program 89-FEB Michigan Bar Journal 23 (February, 2010) Good morning. It is an honor to be here in Mt. Pleasant and to participate in the opening ceremonies for this forum devoted to the Indian Child Welfare Act. On behalf of the seven justices of the Michigan Supreme Court, I would like to extend sincere appreciation to Chief Cantu and the Saginaw Chippewa Tribe of Michigan for their generosity in... 2010
Professor Nicholas A. Robinson Symposium on Indigenous Rights Introduction 28 Pace Environmental Law Review 324 (Fall 2010) On May 13, 2010, Pace University School of Law, the International Council of Environmental Law, and the George Gustav Heye Center of the Smithsonian Institution's National Museum of the American Indian held a Symposium on Indigenous Rights in New York City at the Museum of the American Indian. The focus of the Symposium was the Declaration of the... 2010
Scott A. Taylor Taxation in Indian Country after Carcieri V. Salazar 36 William Mitchell Law Review 590 (2010) I. Summary of Carcieri v. Salazar. 591 II. Criticism of the Decision in the Carcieri Case. 593 III. Breadth of Application. 600 IV. Taxation in Indian Country after Carcieri. 601 A. The Tribal Power to Tax. 603 B. State Taxation. 608 C. Federal Taxation. 618 V. Conclusion. 620 2010
Lindsay G. Robertson Teaching Indian Law 54 Saint Louis University Law Journal 891 (Spring 2010) Federal Indian Law is among the most comprehensive courses in the law school curriculum, typically covering issues in criminal law, property law, contracts, constitutional law, international law, and civil jurisdiction, all in a context of a complex history of inter-governmental relations played out against a backdrop of often profound cultural... 2010
Rebecca Gross The "I" in Indigenous: Enforcing Individual Rights Guarantees in an Indigenous Group Rights Context 23 New York International Law Review 65 (Summer, 2010) On November 4, 2007, in the rural foothills of Mexico, a small town of about 1,500 people held what seemed like a routine local election for town mayor. One of the candidates, Eufrosina Cruz, 27, did not fare so well, for the entirety of the ballots cast in her favor were deemed invalid. The all-male town board had a very good reason for... 2010
Melody L. McCoy The 35th Anniversary of the Fba Indian Law Conference: Numbers, Notes, and Tidbits 57-APR Federal Lawyer 27 (March/April, 2010) This year--2010--marks the 35th anniversary of the Federal Bar Association's Indian Law Conference. Five years ago, the Indian Law Conference was described as the single largest conference on Indian law in the country. Most would readily agree that the conference is a major learning, sharing, and converging event. Less consensus might be found,... 2010
Judge William C. Canby, Jr. The Concept of Equality in Indian Law 85 Washington Law Review 13 (February, 2010) In order to approach the subject of equality in Indian law, I reviewed Judge Betty Fletcher's numerous Indian law opinions. It has been a privilege to serve as a colleague of Judge Fletcher for nearly thirty years on the United States Court of Appeals for the Ninth Circuit during which time Judge Fletcher has served as the conscience of our court.... 2010
Gonzalo Aguilar , Sandra Lafosse , Hugo Rojas , Rébecca Steward , Max Planck Institute for Comparative Public Law and International Law,, CYE Consult,, Alberto Hurtado University,, FIAN Int The Constitutional Recognition of Indigenous Peoples in Latin America 2 No. 2 Pace International Law Review Online Companion 44 (September, 2010) In the last few decades, recognition of indigenous peoples' rights in Latin American constitutions has undergone a vertiginous evolution. For many years, legal systems of Latin America ignored, excluded, assimilated, and repressed indigenous peoples. This article explains the diversity of recognition of indigenous peoples' rights in the... 2010
Dan Lewerenz , Padraic McCoy The End of "Existing Indian Family" Jurisprudence: Holyfield at 20, in the Matter of A.j.s., and the Last Gasps of a Dying Doctrine 36 William Mitchell Law Review 684 (2010) I. Introduction. 686 II. Background: The Indian Child Welfare Act, the Existing Indian Family Doctrine, and Mississippi Band of Choctaw Indians v. Holyfield. 690 A. The Indian Child Welfare Act. 690 B. In re Adoption of Baby Boy L. and the Early Years of the Existing Indian Family Doctrine. 693 C. Mississippi Band of Choctaw Indians v.... 2010
Alicia K. Crawford The Evolution of the Applicability of Erisa to Indian Tribes: We May Finally Have Congressional Intent, but It's Still Flawed 34 American Indian Law Review 259 (2009-2010) Indian tribes have played a vital role in American history, and modernly, they are becoming ever more a part of this country's economy. The mention of an Indian tribe may bring to mind a history lesson or perhaps the image of flashing lights and the sounds of ringing slot machines. Today, Indian tribes are often associated with casinos and gaming... 2010
James M. Grijalva, Daniel E. Gogal The Evolving Path Toward Achieving Environmental Justice for Native America 40 Environmental Law Reporter News & Analysis 10905 (September, 2010) A lack of fully functioning regulatory programs has long been the primary obstacle to achieving environmental justice in Native America. EPA recognized that challenge some two decades before the environmental justice movement took hold, and has since built an Indian program based on initial federal implementation where feasible, with aspirations... 2010
José Carlos Moreira da Silva Filho The Existential Subject of Rights and Private Law: the Example of the Indian Issue in Brazil 10 Nevada Law Journal 646 (Summer 2010) The issue of the juridical subject has been a topic of discussion as part of the rethinking of the classical jurisprudential concepts in Brazil. In particular, some authors have written about the repersonalization of private law. This has opened a promising path of inquiry regarding the legal subject for at least four major reasons. First,... 2010
Jessica L. Fjerstad The First Amendment and Eagle Feathers: an Analysis of Rfra, Bgepa, and the Regulation of Indian Religious Practices 55 South Dakota Law Review 528 (2010) In 1990, the United States Supreme Court decided Employment Division v. Smith. This decision significantly changed the legal analysis of First Amendment claims under the United States Constitution, including Free Exercise Clause claims made by those practicing minority religions. Thus, the Smith decision affected the debate surrounding the... 2010
Scott A. Taylor THE IMPORTANCE OF BEING INTEREST: WHY A STATE CANNOT IMPOSE ITS INCOME TAX ON TRIBAL BONDS 25 Akron Tax Journal 123 (2010) Known colloquially as a muni, a municipal bond is issued by a state or local government as a way of borrowing money. The issuing governmental entity pays interest on the bond principal to the bond owner. If the bond meets certain federal requirements, then the interest income that the bond owner receives is excluded from gross income and, as a... 2010
Franklin Ducheneaux The Indian Gaming Regulatory Act: Background and Legislative History 42 Arizona State Law Journal 99 (Spring 2010) On October 17, 1988, Congress enacted into law the Indian Gaming Regulatory Act (IGRA). It has been over two decades since the first piece of legislation relating to gaming on Indian lands was introduced in the U.S. Congress and eighteen years since the IGRA was signed into law by President Ronald Reagan. In that time, many Indian tribes have... 2010
Sarah Krakoff The Last Indian Raid in Kansas: Context, Colonialism, and Philip P. Frickey's Contributions to American Indian Law 98 California Law Review 1253 (August, 2010) There are a lot of things that are not the matter with Kansas. For example, Lucas, Kansas, is the home of the Garden of Eden museum, a colored cement sculpture gallery constructed by Samuel P. Dinsmoor, a Civil War veteran and free thinker who explored his commitment to reasoned enlightenment through his elaborate and weirdly gothic art. Kansas... 2010
Richard Morgan The Law at War: Counterinsurgency Operations and the Use of Indigenous Legal Institutions 33 Hastings International and Comparative Law Review 55 (Winter 2010) In December 2006, the Department of the Army released Field Manual 3-24 titled Counterinsurgency, which is the first doctrinal work on the subject set forth by the Army in twenty years. At the time of the manual's release, the United States had been at war in Iraq for more than three years, at the cost of the lives of over 2,400 U.S.... 2010
Robert T. Coulter The Law of Self-determination and the United Nations Declaration on the Rights of Indigenous Peoples 15 UCLA Journal of International Law and Foreign Affairs Aff. 1 (Spring 2010) The recognition of the right of self-determination in the Declaration on the Rights of Indigenous Peoples, adopted by the UN in 2007, is probably the most important development in the law of self-determination since the era of decolonization. The right of self-determination in the Declaration is the crystallization of a new right for indigenous... 2010
Noah Theriault, University of Wisconsin-Madison The Moral Force of Indigenous Politics: Critical Liberalism and the Zapatistas Courtney Jung (Cambridge, New York: Cambridge University Press, 2008) 33 PoLAR: Political and Legal Anthropology Review 405 (November, 2010) Courtney Jung's second book, The Moral Force of Indigenous Politics (hereafter MFIP), is an ambitious intervention into applied political theory. In MFIP, Jung advances a theoretical framework, inspired by what she calls critical liberalism, for evaluating identity-based claims to recognition and rights. Both analytical and normative in... 2010
Steven J. Gunn The Native American Graves Protection and Repatriation Act at Twenty: Reaching the Limits of Our National Consensus 36 William Mitchell Law Review 503 (2010) I. Introduction. 503 II. Background. 508 III. NAGPRA. 512 A. Repatriation of Cultural Items Held by Federal Agencies and Museums. 515 B. Disposition of Cultural Items Found on Federal or Tribal Land. 519 C. Trafficking. 520 IV. Successes. 520 V. Remaining Challenges. 523 A. Unaffiliated Cultural Items. 524 B. Newly-Discovered Cultural Items. 526... 2010
Shankar K. Prasad, Ph.D. , Caroline M. Nordlund, Ph.D. The Political Behavior of Indian American Women: Gendered and Generational Perspectives on Race, Immigration and Socio-economic Status 19 Columbia Journal of Gender and Law 747 (2010) On its face, the Indian American community's journey from being ostracized as an undesirable alien, as a lesser breed, or a benighted heathen to being heralded as ambassadors of democracy and role models for minority achievement seemingly justifies their celebration as torch bearers of the American dream. Since first arriving on the shores of... 2010
Steven Ferrey The Ruggie United Nations Principles Framing International Indigenous Human Rights 33 Suffolk Transnational Law Review 409 (Symposium 2010) At the request of the editors of the Transnational Law Review, I have been asked to introduce a triad of articles addressing corporate and nation-state responsibility for human rights during infrastructure and resource development. New conflicts have arisen around international commerce. The overarching question raised by these articles is: to what... 2010
Michael A. Moorefield The Times Are They A-changin'?: What Kivalina Says about the State of Environmental "Political Questions" 17 Missouri Environmental Law & Policy Review 606 (Summer, 2010) In February 2010, the Washington D.C. area experienced a record-setting series of snowstorms. Dubbed the Snowmaggedon, the storms shut down the Federal government for almost a week. For many, the shutdown was symbolic of the frustration the nation experiences with today's political process in D.C., as many believe Washington is broken and nothing... 2010
Richard D. Pomp The Unfulfilled Promise of the Indian Commerce Clause and State Taxation 63 Tax Lawyer 897 (Summer, 2010) I. Introduction 902 II. The Early Days 912 A. Colonial America and the Crown 912 B. The Revolutionary War and the Confederation 922 1. The Revolutionary War 922 2. Articles of Confederation 925 3. Article IX of the Articles of Confederation 927 C. Post-Revolutionary War 929 III. Birth of the Indian Commerce Clause 932 A. The Constitutional... 2010
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