Author | Title | Citation | Summary | Year |
Robert J. Miller |
AMERICAN INDIAN AND TRIBAL INTELLECTUAL PROPERTY RIGHTS |
13 Tulane Journal of Technology and Intellectual Property 179 (Fall 2010) |
I. Introduction. 179 II. Indian Arts and Crafts Act. 180 III. Protection of Tribal and Individual Names. 181 IV. U.S. Patent & Trademark Office. 182 V. Future Issues. 183 |
2010 |
Margaret P. Moss |
American Indian Health Disparities: by the Sufferance of Congress? |
32 Hamline Journal of Public Law and Policy 59 (Fall 2010) |
The sovereignty that the Indian tribes retain is of a unique and limited character. It exists only at the sufferance of Congress and is subject to complete defeasance. A seminal question for consideration in American Indian health is: To what extent has the unique political history of American Indians played a part in their health status as... |
2010 |
Helaman S. Hancock |
America's War on Tribal Economies: Federal Attacks on Native Contracting in the Sba 8(a) Business Development Program |
49 Washburn Law Journal 717 (Spring 2010) |
History has taught us that once something is identified as being valuable to Native Americans, the federal government tries to take it away. Congress and the executive branch have enacted laws, adopted policies, and declared war on America's Native Peoples to accomplish such deprivations. The United States broke numerous treaties and diplomatic... |
2010 |
Ethan Davis |
An Administrative Trail of Tears: Indian Removal |
50 American Journal of Legal History 49 (January, 2008-2010) |
In the early nineteenth century, the federal government uprooted the so-called five Civilized Tribes of the South and sent them westward to modem day Oklahoma. This article rediscovers the long-forgotten administrative system that guided the removal of one of those tribes: the Choctaws. Because judicial review was non-existent, control of the... |
2010 |
David Fautsch |
An Analysis of Article 28 of the United Nations Declaration on the Rights of Indigenous Peoples, and Proposals for Reform |
31 Michigan Journal of International Law 449 (Winter 2010) |
Introduction. 450 I. Article 28 in the Courts: A Theoretical Analysis. 454 A. Repeat Players and One-Shotters. 454 B. Article 28 Is Susceptible to Abuse. 457 II. Problems with Implementation and Enforcement of Judgments: Examples from South Africa and Nicaragua. 459 A. South Africa. 460 1. The Richtersveld Case. 460 2. Land Rights in the Wake of... |
2010 |
Richael Faithful |
An Idea of American Indian Land Justice: Examining Native Land Liberation in the New Progressive Era |
67 National Lawyers Guild Review 193 (Winter, 2010) |
In the Tewa tribal tradition there is a story that explains how the Tewa People found themselves in San Juan, California. It begins with a Great Drought. The fish people were responsible for offering prayers to the Great Spirit, so they assembled to fast, pray, and sacrifice in a secluded kiva until the rain came as was custom. A woman named... |
2010 |
Ruslan Garipov |
An Introduction to Native America: the Experience of a Russian Lawyer |
86 North Dakota Law Review 197 (2010) |
I am convinced that those societies (as the Indians) which live without government enjoy in their general mass an infinitely greater degree of happiness than those who live under the European governments. -- Thomas Jefferson This article reports on the six months I spent in the United States with the Fulbright Program. I was involved with many... |
2010 |
Thomas W. Christie |
An Introduction to the Federal Tort Claims Act in Indian Self-determination Act Contracting |
71 Montana Law Review 115 (Winter 2010) |
Barack Obama began his presidency by reminding Americans that we are in a new era of responsibility. For Indian Country, the word responsibility is often understood in terms of the Federal Trust Responsibility--that is, the obligation of the trustee, the United States, to its beneficiary, the tribes. The concept of a trust responsibility has... |
2010 |
Andrew G. Hill |
Another Blow to Tribal Sovereignty: a Look at Cross-jurisdictional Law-enforcement Agreements Between Indian Tribes and Local Communities |
34 American Indian Law Review 291 (2009-2010) |
Perhaps the most basic principle of all Indian law, supported by a host of decisions, is that those powers lawfully vested in an Indian nation are not, in general, delegated powers granted by express acts of Congress, but rather inherent powers of a limited sovereignty which has never been extinguished. The keystone of Indian tribes has long been... |
2010 |
Andrew G. Hill |
ANOTHER BLOW TO TRIBAL SOVEREIGNTY: A LOOK AT CROSS-JURISDICTIONAL LAW-ENFORCEMENT AGREEMENTS BETWEEN INDIAN TRIBES AND LOCAL COMMUNITIES |
34 American Indian Law Review 291 (2009-2010) |
Perhaps the most basic principle of all Indian law, supported by a host of decisions, is that those powers lawfully vested in an Indian nation are not, in general, delegated powers granted by express acts of Congress, but rather inherent powers of a limited sovereignty which has never been extinguished. The keystone of Indian tribes has long been... |
2010 |
J. Gordon Hylton |
Before the Redskins Were the Redskins: the Use of Native American Team Names in the Formative Era of American Sports, 1857-1933 |
86 North Dakota Law Review 879 (2010) |
I. INTRODUCTION. 879 II. CURRENT SENTIMENT. 881 III. A BRIEF HISTORY OF NATIVE AMERICAN TEAM NAMES. 886 IV. THE FIRST USAGES OF NATIVE AMERICAN TEAM NAMES IN AMERICAN SPORT. 890 A. Native American Team Names in Early Baseball. 891 B. Native American Teams Names in Early Professional Baseball. 894 C. Native American Team Names in College Sport. 900... |
2010 |
The Honorable Korey Wahwassuck, The Honorable John P. Smith, The Honorable John R. Hawkinson |
BUILDING A LEGACY OF HOPE: PERSPECTIVES ON JOINT TRIBAL-STATE JURISDICTION |
36 William Mitchell Law Review 859 (2010) |
I. Sowing Seeds Of Hope--Synopsis. 860 II. Necessity: The Mother Of Invention--Background. 861 III. Changing Attitudes, Creating Believers--Overcoming Obstacles. 867 IV. The Roots Of Joint Jurisdiction--Historical Analysis. 874 V. The Fruits Of Change--Benefits of Joint Jurisdiction. 887 VI. Looking Forward--Conclusion. 896 |
2010 |
Scott Grinsell |
Caste and the Problem of Social Reform in Indian Equality Law |
35 Yale Journal of International Law 199 (Winter 2010) |
I. Introduction. 199 II. The History of the Caste System and Reservation Policy. 203 A. The History and Structure of the Caste System. 203 B. Caste and the Indian Constitution. 205 III. Caste and Constitutional Aspiration. 208 A. N.M. Thomas and the Constitutional Concept of Equality. 209 B. Indra Sawhney and the Return to Localism. 212 IV. Caste... |
2010 |
Bethany C. Sullivan |
Changing Winds: Reconfiguring the Legal Framework for Renewable-energy Development in Indian Country |
52 Arizona Law Review 823 (Fall 2010) |
Renewable energy is undoubtedly one of today's hot topics, often discussed hand-in-hand with climate change, environmental policy, and international affairs. Yet one aspect of renewable energy that frequently goes unnoticed is its role in the American Indian community. Tribal officials are increasingly focused on renewable-energy projects as a... |
2010 |
Rosemary Simota Thompson |
Chicago's Native Son |
24-SEP CBA Record 30 (September, 2010) |
In terms of Supreme Court tenure, John Paul Stevens is second only to William O. Douglas in modern legal history. In 1975, when Justice Stevens was sworn in, men's bow ties were not high fashion. Back then, there was no such thing as the Internet; the Beatles were all still alive; and TV meant less than a dozen channels. Now, the only constant is... |
2010 |
Peter d'Errico, University of Massachusetts Amherst |
Christian W. Mcmillen. Making Indian Law: the Hualapai Land Case and the Birth of Ethnohistory. New Haven, Ct: Yale University Press, 2007. 304 Pp. $40.00 (Cloth); $25.00 (Paper). |
50 American Journal of Legal History 224 (April, 2008-2010) |
This is a good book, but very dangerous. McMillen's thorough research into the history of a significant case in federal Indian law probes deeply the activity preceding and accompanying the litigation of Hualapai land rights in the first half of the 20th century. He pays close attention to bureaucratic processes in the Departments of Justice and... |
2010 |
Marren Sanders |
Clean Water in Indian Country: the Risks (And Rewards) of Being Treated in the Same Manner as a State |
36 William Mitchell Law Review 533 (2010) |
I. Introduction. 534 II. The Clean Water Act. 535 A. Background. 535 B. Treatment as a State Provision. 537 C. Devolution, Delegation, or Something Else Entirely?. 540 D. The Bane of Jurisdiction. 542 E. The Wisconsin Debacle. 545 III. More Risk Than Reward?. 547 A. Here Today, Gone Tomorrow?. 549 B. Federal Core Standards. 550 C. The Oklahoma... |
2010 |
C. Scott Pryor |
Clear Rules Still Produce Fuzzy Results: Impossibility in Indian Contract Law |
27 Arizona Journal of International & Comparative Law L. 1 (Spring, 2010) |
Robert Scott and others have forcefully argued that the justification for commercial statute-drafting is efficiency. Because commercial parties can draft their own contracts, legislatures should draft default rules, he argues, only when it will save commercial parties time and money. This can be called the efficiency goal. Greater efficiency is... |
2010 |
Melanie Riccobene Jarboe |
Collective Rights to Indigenous Land in Carcieri V. Salazar |
30 Boston College Third World Law Journal 395 (Spring, 2010) |
Since settlers set foot in the Americas, tension has existed between American Indian tribes and European settlers over tribal rights to land. When the Narragansett Tribe of Rhode Island proposed to build low-income housing on a thirty-one acre parcel of land, it became involved in years of litigation with the State of Rhode Island, its... |
2010 |
Adam Walczak |
Coming to the Table: Why Corporations Should Advocate for Legal Norms for the Protection of Indigenous Rights |
42 George Washington International Law Review 623 (2010) |
The Baka and Bakola, widely considered to be the original inhabitants of the rainforest of Cameroon, have no legal right to their traditional lands because the government of Cameroon views their subsistence hunting and gathering to be backward in comparison to timber extraction. These indigenous peoples may be dispossessed of their traditional... |
2010 |
Kirsty Gover |
COMPARATIVE TRIBAL CONSTITUTIONALISM: MEMBERSHIP GOVERNANCE IN AUSTRALIA, CANADA, NEW ZEALAND, AND THE UNITED STATES |
35 Law and Social Inquiry 689 (Summer, 2010) |
In the self-governance era of indigenous-state relations, there is a growing interest in the first-order question of tribal governance: who are the members of recognized tribes, and how are they chosen? Tribal constitutions contain formal tribal membership criteria but are not ordinarily in the public domain. This article presents findings from a... |
2010 |
Tim Pleasant, Deena DeGenova, Concord Law School |
Conference of Western Attorneys General. American Indian Law Deskbook. Boulder: University Press of Colorado, 2008. 789 Pp. $85.00 (Cloth) |
50 American Journal of Legal History 108 (January, 2008-2010) |
The American Indian Law Deskbook is the fourth edition of a collaborative effort of the Conference of Western Attorneys General (CWAG). But don't let the word deskbook in the title fool you. As acknowledged by CWAG in the foreword, this project was intended to be a comprehensive and objective treatise covering the whole spectrum of Indian... |
2010 |
Michael A. Schillaci, Wendy J. Bustard, University of Toronto Scarborough, Chaco Culture National Historical Park |
Controversy and Conflict: Nagpra and the Role of Biological Anthropology in Determining Cultural Affiliation |
33 PoLAR: Political and Legal Anthropology Review 352 (November, 2010) |
The primary focus of this article is to examine the concept of cultural affiliation from the perspective of biological anthropology. The concept of cultural affiliation is fundamental to federal repatriation legislation including the Native American Graves and Repatriation Act (NAGPRA). Biological anthropologists are frequently called upon to... |
2010 |
Lauren Winter |
Cultivating Farmers' Rights: Reconciling Food Security, Indigenous Agriculture, and Trips |
43 Vanderbilt Journal of Transnational Law 223 (January, 2010) |
This Note discusses strategies for cultivating Farmers' Rights internationally. The rise of international treaties awarding intellectual property rights in plant genetic resources to plant breeders brought with it an erosion of agricultural biodiversity as well indigenous farmer lifestyles. Farmers' Rights emerged in recognition of the role of... |
2010 |
Angelique EagleWoman , Wambdi A. Wastewin |
Cultural and Economic Self-determination for Tribal Peoples in the United States Supported by the Un Declaration on the Rights of Indigenous Peoples |
28 Pace Environmental Law Review 357 (Fall 2010) |
Owasin cantewasteya nape ciyuzapi ye! Today, I am speaking as a law professor on Cultural and Economic Self-Determination for Indigenous peoples. As a law professor trained in the legal system developed in the United States from the Anglo tradition, it seems starkly apparent that legal trickery has been used against Indigenous peoples in the... |
2010 |
Marcia A. Zug |
Dangerous Gamble: Child Support, Casino Dividends, and the Fate of the Indian Family |
36 William Mitchell Law Review 738 (2010) |
I. Introduction. 739 II. The Role of Children's Income on Child Support. 744 A. Duty of Child Support. 748 B. Case Law Concerning Children's Income. 749 C. The Hoak Case. 750 D. Policy Concerns. 753 E. The History of Parental Financial Exploitation. 755 III. The Cypress Difference. 757 A. The Indian Difference. 758 B. The Role of the Indian Family... |
2010 |
Joan S. Howland, University of Minnesota |
Deborah A. Rosen. American Indians and State Law: Sovereignty, Race, and Citizenship. 1790-1880. Lincoln: University of Nebraska Press, 2007. 360 Pp. $55.00 (Cloth); $29.95 (Paper) |
50 American Journal of Legal History 350 (July, 2008-2010) |
Despite the complexities of American Indian history and American Indian law, much recent scholarship on these interrelated topics has been relatively narrow and predictable. American Indian history is usually analyzed in a chronological manner with an obligatory nod towards themes such as wary cooperation. extermination, isolation, assimilation,... |
2010 |
Brian L. Pierson |
Developing Affordable Housing in Indian Country |
19-SUM Journal of Affordable Housing & Community Development Law 367 (Spring/Summer, 2010) |
Indian country suffers from a chronic shortage of decent, safe, and affordable housing. In 2003, the U.S. Commission on Civil Rights found that 200,000 units of housing were needed immediately in Indian country and that 90,000 Native families were homeless or underhoused. The growth of Indian gaming over the past twenty years has brought economic... |
2010 |
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 |