| Author | Title | Citation | Summary | Year |
| Aaron F.W. Meek |
The Conflict Between State Tests of Tribal Entity Immunity and the Congressional Policy of Indian Self-determination |
35 American Indian Law Review 141 (2010-2011) |
Supreme Court and congressional silence have presented state courts with the opportunity to fashion tests to determine the sovereign immunity status of tribal entities. State courts have crafted numerous and varied tests, ranging from Washington's bright-line rule to an eleven-factor test recently adopted by the Colorado judiciary. What these... |
2011 |
| Samantha Lawson |
The Conundrum of Climate Change Causation: Using Market Share Liability to Satisfy the Identification Requirement in Native Village of Kivalina V. Exxonmobil Co. |
22 Fordham Environmental Law Review 433 (Spring 2011) |
Change is in the air. Over the past several decades numerous studies have indicated a general increase in global temperature. The U.S. National Aeronautics and Space Administration (NASA) reported that 2005 was the warmest year on record in more than a century. While researchers are unsure if 2010 will surpass 2005 as the warmest year in the past... |
2011 |
| Blake A. Watson |
The Doctrine of Discovery and the Elusive Definition of Indian Title |
15 Lewis & Clark Law Review 995 (Winter, 2011) |
On April 15, 2011, the Lewis & Clark Law Review hosted its Spring Symposium, entitled The Future of International Law in Indigenous Affairs: The Doctrine of Discovery, the United Nations, and the Organization of American States. While the Symposium participants agree that the doctrine of discovery should be rejected, they disagree on the impact... |
2011 |
| Michael Lawrence |
The Effects of Human Rights Norms on Sovereignty: the Native American Context |
20 Michigan State International Law Review 57 (2011) |
Introduction. 57 I. Radicals in Their Own Time. 57 II. Vine Deloria Jr. and Indian Sovereignty. 59 III. Indian Sovereignty and Human Rights. 62 IV. Community. 64 |
2011 |
| Jeremy Sarkin and Amelia Cook |
The Human Rights of the San (Bushmen) of Botswana--the Clash of the Rights of Indigenous Communities and Their Access to Water with the Rights of the State to Environmental Conservation and Mineral Resource Exploitation |
20 Journal of Transnational Law & Policy Pol'y 1 (2010-2011) |
Introduction. 1 I. Historical Relations and Land Use Patterns between the San and the Tswana. 6 II. The Central Kalahari Game Reserve Issue. 12 III. The Legal System in Botswana. 20 IV. The High Court Case: Sesana v. Attorney General. 23 V. Government Compliance with the Court's decision. 27 VI. The San's Options Moving Forward. 29 Conclusion. 31... |
2011 |
| Scott Brainard |
The Impact of Indonesian Agricultural Policies on Indigenous Populations, Natural Resources and the Economy: the Limits of Democratic Self-determination under Capitalist Regimes |
43 University of Miami Inter-American Law Review 165 (Fall 2011) |
The title of this paper highlights a number of interconnected themes: how Indonesian agricultural policy has affected its indigenous populations, its natural environment, and the structure of its economy; the relationship between these effects; and, more generally, the structure of capitalist markets and democratic institutions. This set of topics... |
2011 |
| Blake A. Watson |
The Impact of the American Doctrine of Discovery on Native Land Rights in Australia, Canada, and New Zealand |
34 Seattle University Law Review 507 (Winter, 2011) |
The landmark decision in the United States regarding Indian land rights is Johnson v. McIntosh, an 1823 decision authored by Chief Justice John Marshall. The Supreme Court in Johnson unequivocally rejected the most favorable view of indigenous land rights--that the native inhabitants own the land they occupy and are free to retain or sell their... |
2011 |
| Lamar Dowling |
The Indian Microfinance Institutions (Development and Regulation) Bill of 2011: Microfinance Beginnings and Crisis and How the Indian Government Is Trying to Protect its People |
45 International Lawyer 1083 (Winter, 2011) |
The recent microfinance crisis in the southern Indian state of Andhra Pradesh caught the world's attention and caused many to wonder who was to blame. Sensationalized newspaper accounts of suicides among over-indebted clients of microfinance institutions (MFIs) brought to light the increasing debt stress across tens of thousands of clients,... |
2011 |
| Ryan Kananiokahome Poiekeala Kanaka'ole |
The Indivisible 'Ohana: Extending Native Hawaiian Gathering Rights to Non-hawaiian Family Members |
12 Asian-Pacific Law and Policy Journal 145 (2011) |
Introduction. 146 I. The Hawaiian 'ohana System. 148 A. The General Concept of 'Ohana. 148 B. The Relevance of the Hawaiian 'Ohana from Pre-Western Contact Hawai'i to Present Day. 149 C. The Inclusive Nature of the Hawaiian 'Ohana as Illustrated through the Practice of Hnai. 154 D. The Role of the Non-Hawaiian in the Hawaiian 'Ohana. 156 II. The... |
2011 |
| Robert J. Miller , Lisa LeSage , Sebastián López Escarcena |
The International Law of Discovery, Indigenous Peoples, and Chile |
89 Nebraska Law Review 819 (2011) |
I. Introduction. 820 II. The Doctrine of Discovery. 822 A. European and Church Formulation of the Doctrine. 826 B. Spanish and Portuguese Development of the Doctrine. 830 1. Spain takes Discovery to the New World. 835 2. The Philosophical Debates in the Spanish Empire. 838 C. Other European Countries and Discovery. 846 III. The Doctrine of... |
2011 |
| Evan Mascagni |
The Legal Process of Cultural Genocide: Chinese Destruction of Tibetan Culture V. U.s. Destruction of Native American Culture |
14 University of the District of Columbia Law Review 241 (Spring 2011) |
In the incongruous atmosphere of the Wilshire Hotel in Los Angeles, an extraordinary encounter took place in 1979. During the Dalai Lama's first visit to North America, he met with three Hopi elders. The spiritual leaders agreed to speak in only their Native tongues. Through Hopi elder and interpreter Thomas Benyakya, delegation head Grandfather... |
2011 |
| Joseph Ezzo |
The Marlin Mine, Guatemala: Environmental and Indigenous Human Rights Concerns |
2 Arizona Journal of Environmental Law & Policy Pol'y 1 (April, 2011) |
Montana Exploradora de Guatemala S.A., a wholly-owned subsidiary of Goldcorp, a Canadian mining company, began gold and silver mining operations in the western highlands of Guatemala in 2005. The municipalities of San Miguel Ixtahuacán and Sipacapa were primarily affected. The presence of the mine has directly impacted 18 communities of indigenous... |
2011 |
| Angelique EagleWoman , University of Idaho College of Law |
The Native Law Program at the University of Idaho: a Third Year of Success |
54-AUG Advocate 22 (August, 2011) |
At the University of Idaho College of Law, the Native Law program has completed another successful year. In the second year of offering an academic specialization, the Native American Law (NAL) Emphasis, nine law graduates completed and received the designation on their transcripts in the 2010-2011 year. This was a substantial increase from the... |
2011 |
| Kaighn Smith Jr. |
The next Century of Federal Indian Law: a Moderator's Reflections |
58-APR Federal Lawyer 29 (March/April, 2011) |
The Federal Bar Association's Annual Indian Law Conference is a place for big thinking. So 10 years into the new millennium, why not ask: How will federal Indian law look over the course of the next century? A better question might be: How should federal Indian law look in the next century? At this year's conference, a panel of prominent Indian... |
2011 |
| Michael L. Rustad , Diane D'Angelo |
The Path of Internet Law: an Annotated Guide to Legal Landmarks |
2011 Duke Law & Technology Review 12 (11/30/2011) |
The evolution of the Internet has forever changed the legal landscape. The Internet is the world's largest marketplace, copy machine, and instrumentality for committing crimes, torts, and infringing intellectual property. Justice Holmes's classic essay on the path of the law drew upon six centuries of case reports and statutes. In less than... |
2011 |
| Addie C. Rolnick |
The Promise of Mancari: Indian Political Rights as Racial Remedy |
86 New York University Law Review 958 (October, 2011) |
In 1974, the Supreme Court declared that an Indian employment preference was based on a political rather than racial classification. The Court's framing of Indianness as a political matter and its positioning of political and racial as opposing concepts has defined the trajectory of federal Indian law and influenced common sense ideas about... |
2011 |
| Tara Ward |
The Right to Free, Prior, and Informed Consent: Indigenous Peoples' Participation Rights Within International Law |
10 Northwestern Journal of International Human Rights 54 (Fall, 2011) |
The right to free, prior, and informed consent (FPIC) in relation to development projects, resource extraction, and other investment projects within the territory of indigenous peoples is currently being debated within international law. On a basic level, the concept of FPIC is contained within its phrasing: it is the right of indigenous peoples to... |
2011 |
| Erick Rhoan |
THE RIGHTFUL POSITION: THE BP OIL SPILL AND GULF COAST TRIBES |
20 San Joaquin Agricultural Law Review 173 (2010-2011) |
Only after the last tree has been cut down the last river has been poisoned the last fish caught, only then will you find that money cannot be eaten. - Cree Indian philosophy. On April 20th, 2010, an oil rig named Deepwater Horizon suffered a massive explosion, killing eleven people, injuring dozens more, and kicked off the worst environmental... |
2011 |
| Aaron H. Midler |
The Spirit of Nagpra: the Native American Graves Protection and Repatriation Act and the Regulation of Culturally Unidentifiable Remains |
86 Chicago-Kent Law Review 1331 (2011) |
In 1996, the Fallon Paiute-Shoshone tribe (Fallon Paiute) sought the return of a nearly 10,000-year-old set of human remains known as the Spirit Cave Man from the Bureau of Land Management (BLM). The BLM is a federal agency that controlled the land upon which the remains were discovered in 1940. The tribe argued that the Spirit Cave Man was a... |
2011 |
| Matthew L.M. Fletcher |
The Tenth Justice Lost in Indian Country |
58-APR Federal Lawyer 36 (March/April, 2011) |
We'd end up in Indian country. Out where nobody could even believe we were there. Places where you could get shot just for wearing corduroy. -- Tom Waits The Office of the Solicitor General (OSG) occupies a special place in the jurisprudence and practice of the U.S. Supreme Court. The solicitor general, sometimes referred to as the tenth justice,... |
2011 |
| Jered T. Davidson |
This Land Is Your Land, this Land Is My Land? Why the Cobell Settlement Will Not Resolve Indian Land Fractionation |
35 American Indian Law Review 575 (2010-2011) |
Land ownership is generally regarded as the pinnacle of success and stability in regard to financial security. It has provided class structure, facilitated the development of countries, and furthered the transfer of wealth across generations. The first peoples to inhabit the United States, however, maintained a very different view of property.... |
2011 |
| Justin P. Grose |
Time to Bury the Tomahawk Chop: an Attempt to Reconcile the Differing Viewpoints of Native Americans and Sports Fans |
35 American Indian Law Review 695 (2010-2011) |
A young Caucasian undergraduate dons a buckskin outfit and traditional headdress of the fake American Indian Chief Illinewek. He is the mascot for the University of Illinois at Urbana-Champaign. Chief Illinewek readies for his barefoot rush onto the field at Memorial Stadium in Champaign, Illinois to pump up the crowd for yet another home... |
2011 |
| Peter Erlinder |
Treaty-guaranteed Usufructuary Rights: Minnesota V. Mille Lacs Band of Chippewa Indians Ten Years on |
41 Environmental Law Reporter News & Analysis 10921 (October, 2011) |
In Minnesota v. Mille Lacs Band of Chippewa Indians, the U.S. Supreme Court unanimously held that U.S. treaty negotiators severed the perpetual right to use land from formal title to the land in an 1837 (and 1854) Treaty. The Mille Lacs majority and dissent differed only as to whether treaty-guaranteed usufructuary property rights had been... |
2011 |
| Emily Tredeau |
TRIBAL CONTROL IN FEDERAL SENTENCING |
99 California Law Review 1409 (October, 2011) |
On many Indian reservations throughout the country, the federal government is the only sovereign empowered to prosecute serious felonies. Consequently Native Americans are disproportionately exposed to lengthy federal sentences. Because the federal government controls these cases, tribal sovereigns lack the local control over criminal law and... |
2011 |
| Barbara Creel |
TRIBAL COURT CONVICTIONS AND THE FEDERAL SENTENCING GUIDELINES: RESPECT FOR TRIBAL COURTS AND TRIBAL PEOPLE IN FEDERAL SENTENCING |
46 University of San Francisco Law Review 37 (Summer 2011) |
THIS ARTICLE CRITIQUES A PROPOSAL to include tribal court criminal convictions and sentences in the federal sentencing scheme. The proposal, as articulated by Kevin Washburn, calls for an amendment to the Federal Sentencing Guidelines to count tribal court convictions in calculating an Indian defendant's criminal history score to determine a... |
2011 |
| Kristin MacDougall |
TRIBAL RIGHTS IN KENYA AND ZIMBABWE: TO PROMOTE OR NOT TO PROMOTE, THAT IS THE QUESTION |
27 Connecticut Journal of International Law 167 (Fall, 2011) |
Table of Contents Introduction 169 I. Background 170 A. Colonialism in Zimbabwe and Kenya 170 B. A Closer Look at Kenya: Constitutionalism, Legislative Acts and Litigation 171 C. A Closer Look at Zimbabwe: Constitutionalism, Legislative Acts and Litigation 178 II. Analysis 182 A. Constitutional Differences between Zimbabwe and Kenya 182 B.... |
2011 |
| Sunny Kishore Bilaney |
Two Codes to Speak a Common Language-harmonizing Indian Transfer Pricing and Customs Valuation Rules |
22 Journal of International Taxation 45 (November, 2011) |
Although the transfer pricing Regulations and customs valuation rules have the same objectiveto determine an arm's-length price or fair valuethe motivations of the tax and customs authorities are inversely related. Whenever there is a transaction between associated enterprises (as described in the Indian transfer pricing regulations (TPR)) or... |
2011 |
| Peter Scott Vicaire |
Two Roads Diverged in a Wood |
50 No.3 Judges' Journal 18 (Summer, 2011) |
The purpose of this article is to compare the differing treatments of indigenous peoples by way of the Canadian and American constitutions and judicial and bureaucratic interpretations of them. Ultimately, the United States has a better record in recognizing and, to a certain degree, even nurturing the rights of Indian tribes. Canadian... |
2011 |
| by Jayne Zanglein and Kristi House, Western Carolina University, Cullowhee, NC |
United States |
38 No.7 Preview of United States Supreme Court Cases 296 (4/18/2011) |
As a fiduciary, the secretary of the interior and his staff holds, in trust, certain funds of the Jicarilla Apache Nation, which are derived from natural resources mined from tribal land. The tribe sued the United States to compel an accounting of the fund. The issue is whether the tribe can invoke the fiduciary exception to the attorney-client... |
2011 |
| |
United States Endorses Un Indigenous Declaration |
105 American Journal of International Law 354 (April, 2011) |
In December 2010, President Barack Obama announced to a group of tribal leaders attending the White House Tribal Nations Conference that the United States is lending its support to the UN Declaration on the Rights of Indigenous Peoples. The President's remarks noted the document's significance but also its aspirational nature. The aspirations it... |
2011 |
| Daniel I.S.J. Rey-Bear, Timothy H. McLaughlin |
United States V. Jicarilla Apache Nation: the Executive Branch's Latest Effort to Repudiate Federal Trust Duties to Indians |
58-APR Federal Lawyer 48 (March/April, 2011) |
Every trustee has a legal obligation to advance the interests of the beneficiaries of the trust without reservation and with the highest degree of diligence and skill. Under present conditions, it is often difficult for the Department of the Interior and the Department of Justice to fulfill this obligation. -- President Richard Nixon, Special... |
2011 |
| Casey Zivin |
Using the Federal Communication Commission's Tower Construction Notification System as a Model for Siting Nuclear Waste on Native American Land |
2 Washington and Lee Journal of Energy, Climate, and the Environment 51 (Fall, 2010-Spring, 2011) |
Since the advent of nuclear power in the United States in the mid-20th century, the federal government has struggled to find a suitable location to store the hazardous waste associated with nuclear power generation. In 1991, in an attempt to solve the problem of storing nuclear waste, the federal government created grant programs which offered... |
2011 |
| Douglas K. Miller |
Visibility Issues in Rural Arizona and Indian Country |
43 Arizona State Law Journal 861 (Fall 2011) |
These days, we often hear about the energy-water nexus. What does that mean? Typically, those who use the phrase are referring to the amount of water it takes to generate the energy we need. Less often, I suspect, they mean the amount of energy needed to deliver water. The latter is the subject of this article; and specifically, the relationship... |
2011 |
| Audrey Mense |
We Could Tell You, but Then We'd Have to Kill You: How Indigenous Cultural Secrecy Impedes the Protection of Natural Cultural Heritage in the United States |
11 Chicago-Kent Journal of International and Comparative Law L. 1 (2011) |
In the past century, Western society has undergone a major shift in regards to its treatment of native peoples and cultures. Unlike our predecessors, who often endeavored to dominate or eradicate indigenous peoples in the Americas and elsewhere around the globe, we now look upon these same native groups with wonder and reverence. This trend has... |
2011 |
| Kristin R. Michael |
What's in a Label? Fifra Regulations and the Preemption of State Tort Claims of Label Misrepresentation |
18 Missouri Environmental Law & Policy Review 314 (Spring, 2011) |
Products available for purchase in the United States have labels which people read and rely upon for their accuracy. This is particularly true for products that are potentially dangerous like pesticides. However, contrary to intuition, it is not always clear what constitutes a label. Some courts have even expanded the definition of a label to... |
2011 |
| John Lentz |
When Canons Go to War in Indian Country, Guess Who Wins? Barrett V. United States: Tax Canons and Canons of Construction in the Federal Taxation of American Indians |
35 American Indian Law Review 211 (2010-2011) |
I. Introduction. 211 II. Background. 213 A. Crash Course in Federal Indian Tax Law. 213 B. Some Recent and Relevant Precedent. 218 C. The Potawatomi Nation and Handling of Their Judgment Funds. 220 D. Barrett v. United States. 223 1. District Court. 223 2. Tenth Circuit Court of Appeals. 228 3. Petition for Writ of Certiorari. 231 III. Analysis.... |
2011 |
| Valentina S. Vadi |
When Cultures Collide: Foreign Direct Investment, Natural Resources, and Indigenous Heritage in International Investment Law |
42 Columbia Human Rights Law Review 797 (Spring, 2011) |
I. Introduction. 798 II. The Protection of Indigenous Cultural Heritage in International Law. 802 A. The Notion of Indigeneity. 803 B. World Cultural Heritage or Indigenous Cultural Heritage?. 805 C. The International Protection of Indigenous Cultural Heritage. 808 D. Cultural Entitlements as a Fundamental Part of Indigenous Peoples' Rights. 818... |
2011 |
| Corina Rocha Pandeli |
When the Chips Are Down: Do Indian Tribes with Insolvent Gaming Operations Have the Ability to File for Bankruptcy under the Federal Bankruptcy Code? |
2 UNLV Gaming Law Journal 255 (Fall, 2011) |
Indian gaming has become increasingly popular in the United States, with casino and resort facilities on federally recognized Indian land rivaling the likes of Las Vegas and Atlantic City casinos. Since the passage of the Indian Gaming Regulatory Act of 1988 (IGRA), gaming activities on Indian reservations across the country have skyrocketed,... |
2011 |
| Áquila Mazzinghy Alvarenga |
Who Cares about the Rights of Indigenous Children? Infanticide in Brazilian Indian Tribes |
22 Hastings Women's Law Journal 17 (Winter 2011) |
International law entitles indigenous peoples to a full range of human rights. Nevertheless, in many parts of the world, [they] suffer from a history of discrimination and exclusion that has left them on the margins of the larger societies in which they exist. For this reason, they face great difficulties in maintaining and developing their own... |
2011 |
| Bethany R. Berger |
Williams V. Lee and the Debate over Indian Equality |
109 Michigan Law Review 1463 (June, 2011) |
Williams v. Lee (1959) created a bridge between century-old affirmations of the immunity of Indian territories from state jurisdiction and the tribal self-determination policy of the twentieth century. It has been called the first case in the modern era of federal Indian law. Although no one has written a history of the case, it is generally... |
2011 |
| Robert F. Castro |
Xenomorph!! |
46 Harvard Civil Rights-Civil Liberties Law Review Rev. 1 (2011) |
The national debate over illegal immigration has been dramatically altered since 9/11. In his book The Latino Threat, Leo R. Chavez argues that Latina/o immigrants--including those U.S. populations that physically resemble them-- have been socially constructed as grave risks to the United States. Arizona Senate Bill 1070 (hereinafter S.B. 1070)... |
2011 |
| Vickie Enis |
Yours, Mine, Ours? Renovating the Antiquated Apartheid in the Law of Property Division in Native American Divorce |
35 American Indian Law Review 661 (2010-2011) |
In an ideal world, one marries for love. In reality, however, marriage is often inspired by other motivations. The attractive young woman marrying the wealthy, established, older man is an image with which we are all too familiar. But an image not typically evoked by the mention of the word gold-digger is a non-Indian marrying an Indian to gain... |
2011 |
| Matthew L.M. Fletcher |
2010 Dillon Lecture: Rebooting Indian Law in the Supreme Court |
55 South Dakota Law Review 510 (2010) |
Aanii. It is an honor to deliver the 2010 lecture in honor of South Dakota Supreme Court Associate Justice Charles Hall Dillon. Justice Dillon, I was pleased to discover, delivered an important dissent in an American Indian law case in 1924, Dakota Life Insurance Co. v. Morgan. The majority had reversed a trial court decision affirming a life... |
2010 |
| Lawrence R. Baca |
35 Years of the Fba Indian Law Conference |
57-APR Federal Lawyer Law. 3 (March/April, 2010) |
In April 1976, the Federal Bar Association held its first conference on Indian law in Phoenix, Ariz. This year the Indian Law Section is celebrating the 35th anniversary of the conference. The program planners have compiled a fairly complete list of the conference chairs and topics for all the past programs, which is found in this issue, but it is... |
2010 |
| YANG, Chih-Chieh |
A Comparative Study of the Models Employed to Protect Indigenous Traditional Cultural Expressions |
11 Asian-Pacific Law and Policy Journal 49 (2010) |
I. Introduction. 50 II. Models for Protecting Traditional Cultural Expressions. 51 A. The Public Domain Model. 52 B. The Customary Law Model. 53 1. Customary Protocols Regarding Traditional Design, Music and Dance in North America. 53 2. Customary Law Regarding Traditional Symbols and Art in Australia. 54 3. 54 C. The Authentication Model.... |
2010 |
| Angelique EagleWoman , Wambdi A. WasteWin |
A Constitutional Crisis When the U.s. Supreme Court Acts in a Legislative Manner? An Essay Offering a Perspective on Judicial Activism in Federal Indian Law and Federal Civil Procedure Pleading Standards |
114 Penn State Law Review Penn Statim 41 (7/9/2010) |
The United States Supreme Court is one of the three branches of federal government in the U.S. governmental system of checks and balances. The primary purpose of the Court is to resolve live controversies as final arbiter on the interpretation of the U.S. Constitution and the federal legislation implementing that foundational document. For scholars... |
2010 |
| Brian L. Lewis |
A Day Late and a Dollar Short: Section 2719 of the Indian Gaming Regulatory Act, the Interpretation of its Exceptions and the Part 292 Regulations |
12 Thomas M. Cooley Journal of Practical and Clinical Law 147 (Hilary Term 2010) |
Congress enacted the Indian Gaming Regulatory Act (IGRA) in 1988. The IGRA does not affect the Secretary of the Interior's (Secretary) authority to take land into trust for tribes. Section 2719 of the IGRA is a land use limitation that prohibits tribes from conducting gaming on lands they didn't possess in 1988. However, § 2719 of the IGRA... |
2010 |
| Jennifer Lynn Zweig |
A Globally Sustainable Right to Land: Utilizing Real Property to Protect the Traditional Knowledge of Indigenous Peoples and Local Communities |
38 Georgia Journal of International and Comparative Law 769 (2010) |
Treat the earth well. It was not given to you by your parents, it was loaned to you by your children. -Indian Proverb Humans are interconnected with each other and the environment. Like a chain, when one link is lost the individual links can no longer function as a collective. In this way, the world may be considered the collective, unable to... |
2010 |
| David Urteago |
A Mighty Pulverizing Engine? The American Indian Probate Reform Act and the Struggle for Group Rights |
2 Estate Planning & Community Property Law Journal 463 (Spring, 2010) |
[T]he time has arrived when we should definitely make up our minds to recognize the Indian as an individual and not as a member of a tribe. The General Allotment Act is a mighty pulverizing engine to break up the tribal mass [acting] directly upon the family and the individual . . . . -Theodore Roosevelt, U.S. President, First Annual Message (Dec.... |
2010 |
| Uilisone Falemanu Tua |
A Native's Call for Justice: the Call for the Establishment of a Federal District Court in American Samoa |
11 Asian-Pacific Law and Policy Journal 246 (2010) |
I. Introduction. 247 II. Congress Created Federal District Courts Pursuant to Article III of the U.S. Constitution. 252 A. Congress Has Plenary Power over the Territories under Article IV of the U.S. Constitution and Can Create Territorial Courts under Such Authority. 253 B. Territorial Federal District Courts Exist in Every Territory Except... |
2010 |