| Author | Title | Citation | Summary | Year |
| |
Native Kansan, Gerald F. Seib, to Make Keynote Address |
78-APR Journal of the Kansas Bar Association 15 (April, 2009) |
With experience from his news coverage of the White House, native Kansan Gerald F. Seib will bring insight into the current presidency, during the Joint Judicial Conference and 2009 Kansas Bar Association Annual Meeting, with his keynote address, The Obama Presidency: Great Ambition or Grave Overreach? Seib is assistant managing editor and... |
2009 |
| Rebecca Tsosie |
Native Nations and Museums: Developing an Institutional Framework for Cultural Sovereignty |
45 Tulsa Law Review Rev. 3 (Fall 2009) |
One of the central functions of the modern Museum is to create exhibits that portray diverse cultures through various time periods, thereby introducing peoples to one another in the absence of a more personal interaction. There is an entire conversation about the ethics of such portrayals and the role of curators as interpreters of history,... |
2009 |
| Patty Cafferata, Esq. |
Native Sons and Student Leaders Are the Circuit-riding Judges in the Sixth Judicial District Court |
17-AUG Nevada Lawyer Law. 6 (August, 2009) |
The Sixth Judicial District Court judges are unique. This is the only district in Nevada where both the judges are native Nevadans. Judge Richard Wagner was born in Hawthorne, Mineral County, while Judge Mike Montero was born in Winnemucca, Humboldt County. In addition to their native Nevada births, the judges both married their college... |
2009 |
| Michael A. Moorefield |
Native Village of Kivalina V. Exxonmobil Corp., No.c 08-1138 Sba, 2009 Wl 3326113 (N.d. Cal. Sept. 30, 2009) |
17 Missouri Environmental Law & Policy Review 238 (Fall, 2009) |
This action arose as a result of the Native Village of Kivalina (hereinafter Kivalina or the Village) bringing a nuisance suit against ExxonMobil, along with twenty-four energy and utility companies (hereinafter Exxon), in order to recover damages due to global warming. The Village is located on the tip of a barrier reef seventy miles north... |
2009 |
| Whitney M. Morgan |
Navajo Nation V. United States Forest Service: Reading Native Americans out of Rfra |
30 Public Land & Resources Law Review 57 (2009) |
Introduction. 57 II. The Religious Freedom Restoration Act. 60 A. Sherbert v. Verner. 62 B. Wisconsin v. Yoder. 63 C. Legislative History of RFRA. 66 D. Free Exercise Jurisprudence. 67 III. The Religious Land Use and Institutionalized Persons Act. 68 IV. Navajo Nation v. United States Forest Service. 70 A. Background. 70 B. Procedural History. 71... |
2009 |
| Ezekiel J.N. Fletcher |
NEGOTIATING MEANINGFUL CONCESSIONS FROM STATES IN GAMING COMPACTS TO FURTHER TRIBAL ECONOMIC DEVELOPMENT: SATISFYING THE "ECONOMIC BENEFITS" TEST |
54 South Dakota Law Review 419 (2009) |
I. INTRODUCTION--THE USE OF TRIBAL GAMING REVENUE TO FOSTER TRIBAL ECONOMIC DEVELOPMENT AND DIVERSIFICATION II. TRIBAL GAMING AS A MEANS TO AN END A. Indian Gaming Comes Alive: California v. Cabazon Band of Mission Indians B. The Great (and Fragile) Compromise: The Indian Gaming Regulatory Act 1. Classes of Indian Gaming 2. The Tribal Trump Card:... |
2009 |
| Wenona T. Singel |
New Directions for International Law and Indigenous Peoples |
45 Idaho Law Review 509 (2009) |
In 1923, Deskaheh, Chief of the Younger Bear Clan of the Cayuga Nation, traveled from his home in the Grand River Territory of the Cayuga Nation to Geneva, Switzerland, carrying a Haudenosaunee-issued passport as his only travel document. His mission was to speak before the League of Nations about the Canadian government's Indian policies toward... |
2009 |
| Susan Paulson, Miami University of Ohio |
Now We Are Citizens: Indigenous Politics in Postmulticultural Bolivia Nancy Postero (Stanford, Nj: Stanford University Press, 2007) |
32 PoLAR: Political and Legal Anthropology Review 343 (November, 2009) |
In the past decade Bolivia has garnered unprecedented global attention with a water war in 2000, a gas war in 2003, the election of Evo Morales in 2005, and a project to rewrite the constitution from the ground up, all portrayed by media as dramatic claims of indigenous rights. In Now We Are Citizens, Indigenous Politics in Postmulticultural... |
2009 |
| Michelle Kay Albert |
Obligations and Opportunities to Protect Native American Sacred Sites Located on Public Lands |
40 Columbia Human Rights Law Review 479 (Winter 2009) |
Many Native American religious practitioners face a challenge not typically confronted by adherents of Judeo-Christian religious traditions: Native American religious beliefs are tied to the land, not to a church. If native practitioners cannot access and use their sacred land, they cannot access their church. At the same time, many of these sacred... |
2009 |
| Suzianne D. Painter-Thorne |
One Step Forward, Two Giant Steps Back: How the "Existing Indian Family" Exception (Re)imposes Anglo American Legal Values on American Indian Tribes to the Detriment of Cultural Autonomy |
33 American Indian Law Review 329 (2008-2009) |
This article describes the profound changes to American Indian kinship and social structures caused when European and Anglo American legal norms were imposed on American Indian tribes without respect for Indian culture or values. Although these sovereign nations were entitled to self-determination, they were for centuries subjected to laws crafted... |
2009 |
| Karen Kramer Russell |
Over 200 Years of Native American Art and Culture at the Peabody Essex Museum, Salem, Massachusetts |
45 Tulsa Law Review 33 (Fall 2009) |
Founded in 1799, the Peabody Essex Museum (PEM) is one of America's oldest museums. Since its inception, PEM has collected, displayed, and interpreted Native American art and cultural objects in a variety of ways, each rooted in the conscious and unconscious attitudes of their time. This paper aims to provide a brief history of PEM's collecting,... |
2009 |
| Aviva Orenstein |
Propensity or Stereotype?: a Misguided Evidence Experiment in Indian Country |
19 Cornell Journal of Law & Public Policy 173 (Fall 2009) |
In a significant break with traditional evidence rules and policies, the Federal Rules of Evidence concerning rape and child abuse, Rules 413 and 414, permit the government to admit the accused's prior sexual misconduct as evidence of character and propensity. Although these rules have been roundly criticized, insufficient attention has been paid... |
2009 |
| Michael Newcity |
Protecting the Traditional Knowledge and Cultural Expressions of Russia's "Numerically-small" Indigenous Peoples: What Has Been Done, What Remains to Be Done |
15 Texas Wesleyan Law Review 357 (Spring 2009) |
On the most recent Russian census, conducted during the fall of 2002, respondents were asked to identify their citizenship as well as your national identity. To an English speaker, the use of the term national identity in a census questionnaire--as distinct from citizenship--might be confusing. In English, the term nationality has a dual... |
2009 |
| Samuel E. Ennis |
Reaffirming Indian Tribal Court Criminal Jurisdiction over Non-indians: an Argument for a Statutory Abrogation of Oliphant |
57 UCLA Law Review 553 (December, 2009) |
This Comment challenges Oliphant v. Suquamish Indian Tribe, which precludes Indian tribal courts from criminally prosecuting non-Indians. Given that non-Indians often comprise the majority of reservation populations, and that the current upswing in tribal gambling enterprises brings scores of non-Indians onto reservations, it is no longer feasible... |
2009 |
| Samuel E. Ennis |
REAFFIRMING INDIAN TRIBAL COURT CRIMINAL JURISDICTION OVER NON-INDIANS: AN ARGUMENT FOR A STATUTORY ABROGATION OF OLIPHANT |
57 UCLA Law Review 553 (December, 2009) |
This Comment challenges Oliphant v. Suquamish Indian Tribe, which precludes Indian tribal courts from criminally prosecuting non-Indians. Given that non-Indians often comprise the majority of reservation populations, and that the current upswing in tribal gambling enterprises brings scores of non-Indians onto reservations, it is no longer feasible... |
2009 |
| Greg Rubio |
Reclaiming Indian Civil Rights: the Application of International Human Rights Law to Tribal Disenrollment Actions |
11 Oregon Review of International Law L. 1 (2009) |
I. Background: The Disenrollment of the Cherokee Freedmen. 4 A. A Brief History of the Cherokee Freedmen. 5 B. The Injury: Disenrollment. 7 C. Black Seminoles and the Potential Stakes of Disenrollment. 8 II. The Cherokee Freedmen Are Without Remedy Under Federal Indian Law. 11 A. The Fundamentals of Indian Law: The Marshall Trilogy. 11 B.... |
2009 |
| Greg Rubio |
RECLAIMING INDIAN CIVIL RIGHTS: THE APPLICATION OF INTERNATIONAL HUMAN RIGHTS LAW TO TRIBAL DISENROLLMENT ACTIONS |
11 Oregon Review of International Law 1 (2009) |
I. Background: The Disenrollment of the Cherokee Freedmen. 4 A. A Brief History of the Cherokee Freedmen. 5 B. The Injury: Disenrollment. 7 C. Black Seminoles and the Potential Stakes of Disenrollment. 8 II. The Cherokee Freedmen Are Without Remedy Under Federal Indian Law. 11 A. The Fundamentals of Indian Law: The Marshall Trilogy. 11 B.... |
2009 |
| Bethany R. Berger |
Red: Racism and the American Indian |
56 UCLA Law Review 591 (February, 2009) |
How does racism work in American Indian law and policy? Scholarship on the subject too often has assumed that racism works for Indians in the same way that it does for African Americans, and has therefore either emphasized the presence of hallmarks of black-white racism, such as uses of blood quantum, as evidence of racism, or has emphasized the... |
2009 |
| Eric K. Yamamoto , Ashley Kaiao Obrey |
Reframing Redress: a "Social Healing Through Justice" Approach to United States-native Hawaiian and Japan-ainu Reconciliation Initiatives |
16 Asian American Law Journal L.J. 5 (2009) |
One billion dollars and an apology: reparations by the United States government for 60,000 surviving Americans of Japanese ancestry imprisoned during World War II without charges, trial, or evidence of necessity. Redress for lost homes, families, and freedom, for serious harm inflicted by a government on its own people on account of their race. The... |
2009 |
| Renee Newman Knake |
Resolving Ethical Dilemmas in James Welch's the Indian Lawyer |
33 American Indian Law Review 13 (2008-2009) |
This essay explores ways that James Welch's novel The Indian Lawyer sheds light on the ethical obligations and duties of lawyers. The study of fiction to examine legal issues is an accepted-though not necessarily regularly practiced-method of instruction within the law school curriculum. One area where fiction intersects with the study of law is in... |
2009 |
| Christine Metteer Lorillard |
Retelling the Stories of Indian Families: Judicial Narratives That Determine the Placement of Indian Children under the Indian Child Welfare Act |
8 Whittier Journal of Child and Family Advocacy 191 (Spring 2009) |
In this article, I consider what constitutes an existing Indian family and explore how different judicial narratives have allowed for inconsistent application of the Indian Child Welfare Act(ICWA), and thus, the placement of Indian children. Judges, like litigants and their attorneys, narrate the facts of a case rhetorically, seeking to persuade.... |
2009 |
| Alex Golub, University of Hawaii at Manoa |
Reverse Anthropology: Indigenous Analysis of Social and Environmental Relations in New Guinea Stuart Kirsch (Stanford, Ca: Stanford University Press, 2006) |
32 PoLAR: Political and Legal Anthropology Review 330 (November, 2009) |
In Reverse Anthropology, Stuart Kirsch documents the response of Yonggom people of Papua New Guinea to two major incursions on their local world: the massive influx of culturally similar migrants who have been displaced from West Papua by the actions of the Indonesian state, and the massive pollution caused by the Ok Tedi mine. Kirsch's focus is on... |
2009 |
| Maire Corcoran |
Rhetoric Versus Reality: the Jurisdiction of Rape, the Indian Child Welfare Act, and the Struggle for Tribal Self-determination |
15 William and Mary Journal of Women and the Law 415 (Winter, 2009) |
This note examines the rape crisis affecting Native American women today and the jurisdictional issues that affect how and whether tribes may prosecute and punish rapists. This note also examines the efficacy of the Indian Child Welfare Act (ICWA) in preventing inappropriate removal of Native children from their tribal environment. A comparison of... |
2009 |
| Mary Kate Finnigan |
Roberta Ulrich, Empty Nets: Indians, Dams, and the Columbia River, Oregon State University Press (2nd Ed. 2007); 254 Pp; $19.95; Isbn 0-87071-469-4; Soft Cover. |
12 University of Denver Water Law Review 450 (Spring, 2009) |
Empty Nets: Indians, Dams, and the Columbia River provides a thorough history of the Columbia River Indians' struggle to maintain their treaty-granted right to fish in the face of economic development, apathetic bureaucracies, and a sometimes hostile public. Roberta Ulrich, a former reporter for United Press International and The Oregonian,... |
2009 |
| Paul W. Shagen |
SAFEGUARDING THE INTEGRITY OF TRIBAL ELECTIONS THROUGH CAMPAIGN FINANCE REGULATION |
8 Cardozo Public Law, Policy and Ethics Journal 103 (Fall 2009) |
INTRODUCTION. 104 I. TRIBAL POWER. 109 A. The Marshall Trilogy. 109 B. Inherent Power: Tribal Members and Indian Country. 111 i. Criminal Jurisdiction. 112 ii. Civil Regulatory and Adjudicatory Jurisdiction. 113 iii. Campaign Finance Regulation. 115 C. Inherent Power: Nonmembers. 116 i. Criminal Jurisdiction. 116 ii. Civil Regulatory Jurisdiction.... |
2009 |
| Lincoln L. Davies |
Skull Valley Crossroads: Reconciling Native Sovereignty and the Federal Trust |
68 Maryland Law Review 290 (2009) |
It has been long recognized that a deep tension pervades federal American Indian law. The foundational principles of the field--on the one hand, the notion that tribes keep their inherent right of sovereignty and, on the other, that the federal government has a power and duty to protect them--clash on their face. Despite years of criticism of this... |
2009 |
| Dale Beck Furnish |
Sorting out Civil Jurisdiction in Indian Country after Plains Commerce Bank: State Courts and the Judicial Sovereignty of the Navajo Nation |
33 American Indian Law Review 385 (2008-2009) |
People need to be aware of the rightful place of Indian Nations. -- Chief Justice Herb Yazzie, Navajo Nation Supreme Court On June 25, 2008, the Supreme Court of the United States decided Plains Commerce Bank v. Long Family Land & Cattle Co., applying Strate v. A-1 Contractors, decided eleven years before. Whereas the high court decided Strate by... |
2009 |
| Gabriel S. Galanda, Anthony S. Broadman |
Sports, Deals, and Indian Country |
27-SPG Entertainment and Sports Lawyer 18 (Spring, 2009) |
Indian Country has reached the Big Leagues. Jacoby Ellsbury, who is Navajo, plays centerfield for the Boston Red Sox, and Joba Chamberlain, a Winnebago tribal member, pitches for the New York Yankees. University of Oklahoma quarterback and Heisman Trophy Award winner Sam Bradford, who recently competed for the Bowl Championship Series, is a member... |
2009 |
| by Margaret Robison Kantlelmer |
State of Hawaii et Al. |
36 No.5 Preview of United States Supreme Court Cases 328 (2/23/2009) |
In the Joint Resolution to Acknowledge the 100th Anniversary of the January 17, 1893, Overthrow of the Kingdom of Hawaii. Congress acknowledged and apologized for the United States' role in that overthrow. Now the Supreme Court has agreed to review whether this resolution strips Hawaii of its authority to sell, exchange, or transfer 1.2 million... |
2009 |
| Kirke Kickingbird |
Striving for the Independence of Native American Tribal Courts |
36-WTR Human Rights 16 (Winter, 2009) |
Popular notions of Indian justice systems owe more to films such as Last of the Mohicans than to historical reality. They conjure up images of a heroic frontiersman or maiden tied to a stake surrounded by blazing logs. No matter the version presented, the idea is clear: Indian legal systems are patently unfair. Yet shortly after Europeans arrived... |
2009 |
| Carl C. Christensen, University of Hawai'i |
Stuart Banner, Possessing the Pacific: Land, Settlers, and Indigenous People from Australia to Alaska, Cambridge: Harvard University Press, 2007. Pp. 400. $35.00 (Isbn 978-0-674-02612-4) |
27 Law and History Review 198 (Spring, 2009) |
Professor Banner tells the fascinating story of how western property law came to be imposed on the various lands in and around the Pacific Ocean that came under Anglo-American domination from the late eighteenth century to the late nineteenth century and of how this process, though relying on the application of differing legal structures, almost... |
2009 |
| Cullen D. Sweeney |
THE BANK BEGAN TREATING THEM BADLY: PLAINS COMMERCE BANK, THE SUPREME COURT, AND THE FUTURE OF TRIBAL SOVEREIGNTY |
33 American Indian Law Review 549 (2008-2009) |
The sovereign status of Indian tribes in the United States is an endangered species in the menagerie of legal ideals: everywhere stalked, cornered, and assailed by arrows of law. Existing at the sufferance of the judiciary, the Indian sovereignty that was once a monument of inherent strength has become a hunted and harrowed thing. In Plains... |
2009 |
| Paul Spruhan |
The Canadian Indian Free Passage Right: the Last Stronghold of Explicit Race Restriction in United States Immigration Law |
85 North Dakota Law Review 301 (2009) |
Peter Roberts had a problem. A Canadian citizen and a member of the Campbell River Band of Canadian Indians, Roberts regularly crossed the United States-Canada border to visit his property in Point Roberts, Washington. He had a green card, and had been crossing the border since he was a young boy with his family to visit relatives on the Lummi... |
2009 |
| Kimberly C. Perdue |
The Changing Scope of the United States' Trust Duties to American Indian Tribes: Navajo Nation V. United States |
80 University of Colorado Law Review 487 (Spring 2009) |
The mineral wealth beneath Native American lands has been an enduring source of controversy with respect to treaty relations between Indian Tribes and the United States government and the contours of the United States' trust duties to the Tribes. Whereas in past years the process by which minerals like coal have been converted to capital amounted... |
2009 |
| Julie Bushyhead |
The Coquille Indian Tribe, Same-sex Marriage, and Spousal Benefits: a Practical Guide |
26 Arizona Journal of International & Comparative Law 509 (Summer, 2009) |
Civil marriage is at once a deeply personal commitment to another human being and a highly public celebration of the ideals of mutuality, companionship, intimacy, fidelity, and family. It is an association that promotes a way of life, not causes; a harmony in living, not political faiths; a bilateral loyalty, not commercial or social projects.... |
2009 |
| Hannibal Travis |
The Cultural and Intellectual Property Interests of the Indigenous Peoples of Turkey and Iraq |
15 Texas Wesleyan Law Review 415 (Spring 2009) |
I. Defining Indigenous Peoples and Their Property Interests under International Law. 422 II. The Destruction of Indigenous Peoples' Cultural and Intellectual Property in Turkey and Iraq. 432 A. The Assyrians of Anatolia and Mesopotamia. 432 B. The Greeks of Anatolia and Cyprus. 451 C. The Jews of Anatolia and Mesopotamia. 461 D. The Mandaeans and... |
2009 |
| Stephen Vasciannie |
The Decision of the Judicial Committee of the Privy Council in the Lambert Watson Case from Jamaica on the Mandatory Death Penalty and the Question of Fragmentation |
41 New York University Journal of International Law & Politics 837 (Summer 2009) |
I. Introduction. 837 II. Eugenie Samuels and Georgina Watson: Mandatory Death Sentences and Individual Circumstances. 843 III. Converting Principle into Law. 847 A. Section 17 of the Jamaican Constitution. 848 B. Section 26(8) of the Constitution. 851 IV. A Question of Timing. 853 V. [I]n the Hanover Circuit Court of the Supreme Court of... |
2009 |
| Joshua Jay Kanassatega |
The Discovery Immunity Exception in Indian Country--promoting American Indian Sovereignty by Fostering the Rule of Law |
31 Whittier Law Review 199 (Winter 2009) |
It is axiomatic in federal court litigation that every person within the jurisdiction of the Government is bound to perform when properly summoned. This axiom is fundamental to the public's interest in the orderly operation of the judicial machinery. The public policy underlying this maxim suggests that there should be few, if any, exceptions... |
2009 |
| Angelique EagleWoman , Wambdi A. WasteWin |
The Eagle and the Condor of the Western Hemisphere: Application of International Indigenous Principles to Halt the United States Border Wall |
45 Idaho Law Review 555 (2009) |
I. INTRODUCTION. 555 II. A SHARED HISTORY. 555 III. CONTEMPORARY ALLIANCE. 559 IV. IITC IN THE U.N.. 561 V. THE SECURE FENCE ACT. 562 VI. THE SFA'S IMPACT ON THE EAGLE AND CONDOR PEOPLES. 565 VII. APPEALS TO THE U.N.. 567 VIII. OTHER INTERNATIONAL FORUMS. 572 IX. ACTION IN THE UNITED STATES. 573 X. CONCLUSION. 574 |
2009 |
| Tracey A. LeBeau |
The Green Road Ahead |
56-APR Federal Lawyer 38 (March/April, 2009) |
As this article is being written, markets and policy related to renewable energy sources are in flux and will no doubt still be that way by the time this article is published. The new administration has numerous objectives to impact and stimulate the economy and marketplace. Congress has just passed a stimulus package that seeks to address the... |
2009 |
| Steven Andrew Light , Kathryn R.L. Rand |
The Hand That's Been Dealt: the Indian Gaming Regulatoryact at 20 |
57 Drake Law Review 413 (Winter 2009) |
I. Introduction. 414 II. The IGRA's Enactment. 417 A. California v. Cabazon Band of Mission Indians. 417 B. The IGRA's Policy Goals. 420 III. Indian Gaming Today. 422 A. Revenue. 423 B. Impact on Tribes. 425 1. Revenue and Government Services. 425 2. Governmental Capacity. 427 3. Economic Development and Diversification. 428 IV. Significant... |
2009 |
| Ann M. Haralambie |
The Indian Child Welfare Act |
31-WTR Family Advocate 11 (Winter, 2009) |
The Indian Child Welfare Act (ICWA), 25 U.S.C. § 1901 et seq., applies to cases involving an Indian child, a term of art referring to an unmarried person under the age of 18 who is (1) a member of a federally recognized Indian Tribe or Native Alaskan Village, or (2) eligible for such membership and the child of a member. The amount of Native... |
2009 |
| Brenda L. Yaskal |
The Indian Child Welfare Act Handbook: a Legal Guide to the Custody and Adoption of Native American Children, 2nd Ed. By B.j. Jones, Mark Tilden & Kelly Gaines-stoner (Chicago, Il: Aba Family Law Section, 2008). 365 Pgs. & Cd. $79.95. Order, (800) 285-222 |
82-JUN Wisconsin Lawyer 26 (June, 2009) |
When you hear the term Indian Child Welfare Act, do you get a feeling of panic in your stomach? If you don't, you either don't practice in children's law or you are intimately familiar and comfortable with this federal law. For the rest of us, there is this handbook. This easy-to-use book is full of information that a children's law practitioner... |
2009 |
| Amanda Tucker |
The Indian Child Welfare Act's Unconstitutional Impact on the Welfare of the Indian Child |
9 Whittier Journal of Child and Family Advocacy 87 (Fall 2009) |
Child welfare is a controversial, yet unresolved issue in our country with overcrowded adoption agencies and foster homes, overworked social workers, and understaffed Department of Family and Protective Services (DFPS) lawyers. Unfortunately, there is no shortage of cases surrounding the termination of parental rights related to abuse and neglect... |
2009 |
| G. William Rice |
The Indian Reorganization Act, the Declaration on the Rights of Indigenous Peoples, and a Proposed Carcieri "Fix": Updating the Trust Land Acquisition Process |
45 Idaho Law Review 575 (2009) |
C1-2TABLE OF CONTENTS I. INTRODUCTION. 575 II. THE INDIAN REORGANIZATION ACT. 578 III. THE DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES. 589 IV. CARCIERI v. SALAZAR. 592 A. DEFINITION OF INDIAN. 597 B. INDIAN TRIBE DEFINED. 600 C. INDIAN RESERVATION DEFINED. 602 V. THE DRAFT LANGUAGE. 608 A. Section-By-Section Analysis. 611 VI. CONCLUSION.... |
2009 |
| Charlene Koski |
The Legacy of Solem V. Bartlett: How Courts Have Used Demographics to Bypass Congress and Erode the Basic Principles of Indian Law |
84 Washington Law Review 723 (November, 2009) |
Only Congress has authority to change a reservation's boundaries, so when disputes arise over whether land is part of a reservation, courts turn to congressional intent. The challenge is that in many cases, Congress expressed its intent to diminish or disestablish a reservation as long as one hundred years ago through a series of surplus... |
2009 |
| Alessandro A. Apolito |
The Newest Form of Indian Gaming: Gaming the Unions |
11 Florida Coastal Law Review 91 (Fall 2009) |
Gaming on Indian reservations was a relatively settled area of Indian law until the National Labor Relations Board's (NLRB or Board) decision in San Manuel Indian Bingo & Casino (San Manuel I). In that decision, the Board overturned thirty years of its own precedent that previously precluded an application of the National Labor Relations Act (NLRA)... |
2009 |
| Drew K. Barber |
The Power of Indian Tribes to Tax the Income of Professional Athletes and Entertainers Who Perform in Indian Country |
41 Connecticut Law Review 1785 (July, 2009) |
Athletes and entertainers represent some of the highest paid individuals in the United States today. Historically, these individuals perform in various states throughout the country and pay state income taxes to each state they earn income in. With the recent rise of athletic and entertainment venues in Indian Country, more athletes and... |
2009 |
| Rahul Singh |
The Teeter-totter of Regulation and Competition: Balancing the Indian Competition Commission with Sectoral Regulators |
8 Washington University Global Studies Law Review 71 (2009) |
I. Introduction. 73 II. The See-Saw of Regulation and Competition: Sectoral Regulators & the Commission. 76 A. Genesis of the Indian Strand of Regulation. 76 B. The Inception of Indian Competition Law. 79 C. The Regulation/Competition Dichotomy. 80 1. The Port of Confusion: The JNPT Case. 82 2. Judicial Review & the JNPT Case. 84 III. Overlapping... |
2009 |
| Robert T. Coulter |
The U.n. Declaration on the Rights of Indigenous Peoples: a Historic Change in International Law |
45 Idaho Law Review 539 (2009) |
C1-2TABLE OF CONTENTS I. INTRODUCTION. 539 II. THE DECLARATION: HOW IT BEGAN; WHY WE DEMANDED IT; WHAT HAS HAPPENED IN THE U.N.; AND WHAT THE DECLARATION MAY MEAN IN PRACTICE. 543 III. WHAT DOES THE DECLARATION MEAN? WHAT EFFECT WILL IT HAVE?. 546 |
2009 |