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