Alexa Koenig , Jonathan Stein FEDERALISM AND THE STATE RECOGNITION OF NATIVE AMERICAN TRIBES: A SURVEY OF STATE-RECOGNIZED TRIBES AND STATE RECOGNITION PROCESSES ACROSS THE UNITED STATES 48 Santa Clara Law Review 79 (2008) The territory that comprises the state of Virginia has been home to Native Americans for hundreds--if not thousands--of years. Documentary and other evidence establishes that Indians were present in the area long before the building of the Jamestown colony. American lore and numerous historic records tell the tale of Pocahontas, a Native American... 2008
Angelique EagleWoman (Wambdi A. WasteWin) Fencing off the Eagle and the Condor, Border Politics, and Indigenous Peoples 23-FALL Natural Resources & Environment 33 (Fall, 2008) Fencing as a way of asserting territorial rights is a practice that has been carried over from Europe. In North America prior to European settlements, there was not a fence to be found. With the formation of the United States, Canada, and Mexico, the free-flowing trade and travel north and south from the Yukon to the Amazon has been severely... 2008
Carrie E. Garrow Following Deskaheh's Legacy: Reclaiming the Cayuga Indian Nation's Land Rights at the Inter-american Commission on Human Rights 35 Syracuse Journal of International Law and Commerce 341 (Spring 2008) Deskaheh, Chief of the Younger Bear Clan of the Cayuga Nation in the 1920s, prepared the path for international recognition of Haudenosaunee (People of the Longhouse) sovereignty and human rights. An eloquent orator and resolute leader, he spent many years advocating for international recognition of Haudenosaunee sovereignty and treaty violations... 2008
Swati Deva Foreign Venture Capital Investment: the Indian Experience 42 International Lawyer 177 (Spring 2008) Venture capital investment has become one of the most rapidly growing investment modes in India. The contributing factors to this growth are the recent economic and legal changes. The Indian government has provided operational and functional autonomy to institutions while at the same time closely monitoring them. Though there are several rules and... 2008
Alex Tallchief Skibine Formalism and Judicial Supremacy in Federal Indian Law 32 American Indian Law Review 391 (2007-2008) There is no question that in the last thirty years, the Supreme Court has presided over an unprecedented assault on the sovereignty of Indian tribes. At the same time, the Court has allowed a substantial increase of state jurisdiction inside Indian reservations. Scholars have explained this result by pointing out that the Court has abandoned the... 2008
Jacqueline P. Hand Global Climate Change: a Serious Threat to Native American Lands and Culture 38 Environmental Law Reporter News & Analysis 10329 (May, 2008) Editors' Summary: During the past decade, public perception of global climate change has transformed from a gloom and doom scenario not to be taken seriously to a nearly universally recognized peril to the planet. Native Americans, especially those in the Arctic region, experience changes in climate with greater immediacy than the general... 2008
Shiraz Rustomjee Global Environmental Law and India 36 International Journal of Legal Information 342 (Summer, 2008) I. International Environmental Law II. Indian Environmental Statue-law and policy III. Indian Environmental Jurisprudence - the role of the Supreme Court IV. Global Warming and Climate Change V. Problems and Future Challenges The nature of, and need for, International Environmental Law Milestones in International Environmental Law India's... 2008
Ronald M. Walters Goodbye to Good Bird: Considering the Use of Contact Agreements to Settle Contested Adoptions Arising under the Indian Child Welfare Act 6 University of Saint Thomas Law Journal 270 (Fall 2008) After two years of heated litigation, settling Christian Good Bird's contested adoption outside of the courtroom must have relieved his biological mother, tribe and adoptive parents, but the decision almost certainly generated feelings of uncertainty about what long-term effects the compromise would have on Christian as well. Indeed, Christian's... 2008
Rebecca A. Hart , M. Alexander Lowther Honoring Sovereignty: Aiding Tribal Efforts to Protect Native American Women from Domestic Violence 96 California Law Review 185 (February, 2008) Each year more than 4 million women are the victims of domestic violence at the hands of their partners--this is an epidemic from which Native American women are not immune. The obstacles to leaving an abusive relationship are numerous: women often need medical help, may lack the financial resources to support themselves and their families, and... 2008
Rebecca A. Hart , M. Alexander Lowther HONORING SOVEREIGNTY: AIDING TRIBAL EFFORTS TO PROTECT NATIVE AMERICAN WOMEN FROM DOMESTIC VIOLENCE 96 California Law Review 185 (February, 2008) Each year more than 4 million women are the victims of domestic violence at the hands of their partners--this is an epidemic from which Native American women are not immune. The obstacles to leaving an abusive relationship are numerous: women often need medical help, may lack the financial resources to support themselves and their families, and... 2008
Ian Botnick Honoring Trademarks: the Battle to Preserve Native American Imagery in the National Collegiate Athletic Association 7 John Marshall Review of Intellectual Property Law 735 (Summer, 2008) On August 5, 2005, the National Collegiate Athletic Association introducted its plan to end the use of Native American mascots, nicknames and imagery. Schools were required to change their offensive nicknames and mascots and were forced to stop using trademarks bearing Native American imagery. The NCAA ban presents the question of whether schools... 2008
Bryan H. Wildenthal How the Ninth Circuit Overruled a Century of Supreme Court Indian Jurisprudence--and Has So Far Gotten Away with it 2008 Michigan State Law Review 547 (Summer, 2008) C1-2Table of Contents Introduction. 548 I. The Unbearable Oddness of Coeur d'Alene. 550 II. The Remarkable Influence of Coeur d'Alene. 552 A. The Circuits Following Coeur d'Alene. 552 B. The Tenth Circuit and the Puzzle of San Juan. 555 C. The Cohen and Canby Treatises. 569 III. The Demonstrable Error of Coeur d'Alene. 572 A. Misusing Tuscarora.... 2008
Brian P. Dimmer HOW TRIBE AND STATE COOPERATIVE AGREEMENTS CAN SAVE THE ADAM WALSH ACT FROM ENCROACHING UPON TRIBAL SOVEREIGNTY 92 Marquette Law Review 385 (Winter 2008) President George W. Bush signed the Adam Walsh Child Protection and Safety Act of 2006 (AWA) into law on July 27, 2006. Congress passed the AWA to expand the national sex offender registry, strengthen federal penalties for crimes against children, and prevent sexual predators from reaching children on the internet. To achieve these purposes, the... 2008
Joanna M. Wagner Improving Native American Access to Federal Funding for Economic Development Through Partnerships with Rural Communities 32 American Indian Law Review 525 (2007-2008) One of the most significant problems facing Native American communities today is their poor economic situation. Economic well-being is a keystone, and its presence or absence affects the strength of tribes as sovereigns. The citizens of Native nations commonly count political perpetuation, matters of cultural identity, and quality of life and... 2008
C. Eric Davis In Defense of the Indian Child Welfare Act in Aggravated Circumstances 13 Michigan Journal of Race and Law 433 (Spring 2008) The Indian Child Welfare Act (ICWA) affords various protections to Indian families throughout child welfare proceedings. Among them is the duty imposed upon the state to provide rehabilitative services to families prior to the outplacement of an Indian child, or termination of parental rights. An analogous provision for non-Indians in the Adoption... 2008
Ben Fenner Indian Country in Cyber Space: Bella Hess and Commerce Clause Constraints on Interstate, Mail-order Transactions 71 Albany Law Review 401 (2008) When political processes fail, the rule of law prevails or people rise to power. When the political process fails between tribes and the United States, defined as it is by federal statutes and case law, there is no rule of law and, therefore, leaders emerge. So it is that the panoply of tribal leaders is vast and ranges from ordinary men and women... 2008
Benjamin Fenner Indian Country in Cyber Space: Tribal Tax and Regulatory Jurisdiction and Online Business 12 No. 5 Journal of Internet Law L. 3 (November, 2008) When political processes fail, the rule of law prevails or people rise to power. When the political process fails between tribes and the United States, defined as it is by federal statutes and case law, there is no rule of law, and therefore, leaders emerge. So it is that the panoply of tribal leaders is vast and includes everyone from ordinary men... 2008
Dale T. White Indian Country in the Northeast 44 Tulsa Law Review 365 (Winter 2008) The Bureau of Indian Affairs publishes a map of Indian lands in the United States, and as most would expect, it shows the vast majority of Indian lands west of the Mississippi River. The Indian lands in the Northeast consist of small dots on the map, comprising no more than a dozen or so in total. The lands of the Iroquois Confederacy Six Nations... 2008
Erik M. Jensen Indian Gaming on Newly Acquired Lands 47 Washburn Law Journal 675 (Spring 2008) In 1988, Congress enacted the Indian Gaming Regulatory Act, commonly known as IGRA, to provide a framework within which gambling on the lands of the American Indian nations can take place. The policies behind IGRA were several. Most important, Congress intended to improve the economic conditions, and thereby the political strength, of American... 2008
Charles Wilkinson Indian Nations and the Federal Government: What Will Justice Require in the Future? Claims Against the Sovereign 20th Judicial Conference of the United States Court of Federal Claims 17 Federal Circuit Bar Journal 235 (2008) The Court of Federal Claims has asked me to take a few minutes to step back, look out toward the horizon, and even dream a bit, about what the field of Indian law might be and I'm honored to oblige as best I can. I believe that Indian tribes would receive the high justice they deserve from our courts if judges were to understand two legal doctrines... 2008
Reed C. Easterwood Indian Self-determination: the Federal Government, New Mexico, and Tribes in the Wake of Cheromiah 38 New Mexico Law Review 453 (Spring, 2008) Legal fictions have long been important tools in evolving group expectations and protected rights within a political process. The sovereign equality of the states to the federal government is a legal fiction. So too is the designation of the American Indian Tribe as a dependent domestic nation endowed with inherent sovereignty, yet defeated by... 2008
Matthew L.M. Fletcher Indian Tribal Businesses and the Off-reservation Market 12 Lewis & Clark Law Review 1047 (Winter 2008) American Indian tribes once operated regional trade centers, with broad geographical impact. With the arrival of European traders and settlers, this system began to erode, and later, the treaty and reservation system effectively eliminated the regional Indian economic market. Under the policies of measured separatism and assimilation, American... 2008
Allison M. Dussias Indians and Indios: Echoes of the Bhopal Disaster in the Achuar People of Peru's Struggle Against the Toxic Legacy of Occidental Petroleum 42 New England Law Review 809 (Summer 2008) Finding a balance between the increasing demand for energy and preserving the environment is a challenge not taken lightly at Occidental. We adhere to the highest safety standards in our operations and abide by a stringent code of ethics in all manner of business. . . . Our development methods are designed to reduce the impact of our operations in... 2008
Gerard N. Magliocca Indians and Invaders: the Citizenship Clause and Illegal Aliens 10 University of Pennsylvania Journal of Constitutional Law 499 (March, 2008) The Fourteenth Amendment affirms the ancient and fundamental rule of citizenship by birth within the territory, in the allegiance and under the protection of the country, including all children here born of resident aliens, with the exceptions and qualifications (as old as the rule itself) of children of foreign sovereigns or their ministers, or... 2008
Isaac Mazonde, Pradip Thomas Indigenous Knowledge Systems and Intellectual Property in the Twenty-first Century: Perspectives from Southern Africa 19 Syracuse Science & Technology Law Reporter 92 (Fall, 2008) Citation: Indigenous Knowledge Systems and Intellectual Property in the Twenty-First Century: Perspectives from Southern AfricaAA (Isaac Mazonde & Pradip Thomas eds., 2007). Reviewed by: Garth Mashmann Relevant Legal & Academic Areas: Intellectual Property Law, International Law, Indigenous Knowledge Systems Summary: This book is a collection of... 2008
Sarah M. Stevenson Indigenous Land Rights and the Declaration on the Rights of Indigenous Peoples: Implications for Maori Land Claims in New Zealand 32 Fordham International Law Journal 298 (December, 2008) The rights of indigenous peoples worldwide were recognized and affirmed by the international community on September 13, 2007, when the General Assembly of the United Nations (U.N.) adopted, by overwhelming majority, the Universal Declaration on the Rights of Indigenous Peoples (Declaration). Only four States voted against the Declaration, and... 2008
Allison M. Dussias Indigenous Languages under Siege: the Native American Experience 3 Intercultural Human Rights Law Review Rev. 5 (2008) It's soul-satisfying to be able to read and speak your own language. -- Richard Littlebear, Northern Cheyenne [L]anguage is so important, because it is one thing that we can keep alive, that can never change. If we're able to keep our language going, we'll be able to pass on knowledge, from generation to generation. Without it, we're going to lose... 2008
Christopher J. Fromherz Indigenous Peoples' Courts: Egalitarian Juridical Pluralism, Self-determination, and the United Nations Declaration on the Rights of Indigenous Peoples 156 University of Pennsylvania Law Review 1341 (May, 2008) Introduction. 1342 I. International Law, Self-Determination, and Minority Rights. 1350 A. Overview of International Human Rights. 1351 B. Self-Determination and Minority Rights in International Law. 1353 1. The Roots of Self-Determination and Minority Rights. 1354 2. The Modern Standard: External and Internal Self-Determination. 1356 II.... 2008
Patrick Macklem Indigenous Recognition in International Law: Theoretical Observations 30 Michigan Journal of International Law 177 (Fall 2008) At the height of the Second World War, Hans Kelsen, one of the world's leading proponents of the view that there exists a sharp distinction between politics and law, published an essay entitled Recognition in International Law: Theoretical Observations in The American Journal of International Law. What Kelsen meant by recognition was the... 2008
Valerie J. Phillips Indigenous Rights to Traditional Knowledge and Cultural Expressions: Implementing the Millennium Development Goals 3 Intercultural Human Rights Law Review 191 (2008) As panelists at the 2007 Intellectual Property (IP) Protection for Traditional Knowledge and Cultural Expressions (TCEs) Conference made clear, there is currently a growing list of countries with national laws related to traditional knowledge, cultural expressions and genetic resources. In addition, at least one panelist, Professor Angela Riley,... 2008
Siegfried Wiessner Indigenous Sovereignty: a Reassessment in Light of the Un Declaration on the Rights of Indigenous Peoples 41 Vanderbilt Journal of Transnational Law 1141 (October, 2008) This Article explores the concept of indigenous sovereignty against the backdrop of the resurgence of indigenous peoples as actors in international and domestic law and policy. The Author starts with the traditional Western notion of sovereignty and its dynamization via the principle of self-determination, cabined by the exclusionary concepts of... 2008
Nishith Desai International Trade Law: the Indian Perspective 36 International Journal of Legal Information 351 (Summer, 2008) Introduction Services Intellectual Property Rights Anti-Dumping India's Bilateral and Multilateral Agreements GATT, 1947 Establishment of the WTO in 1995 - General Agreement on Tariffs and Trade - General Agreement on Trade in Services - Trade Related Aspects of Intellectual Property Rights - Agreement on Trade Related Investment... 2008
Robert J. Miller Inter-tribal and International Treaties for American Indian Economic Development 12 Lewis & Clark Law Review 1103 (Winter 2008) American Indian nations and Indian people and Indigenous groups around the world are usually the poorest communities in their countries. These entities must develop and promote economic activities and jobs for their people. Economic development is an absolutely crucial social, political, and legal issue for these governments and their people.... 2008
Robert J. Miller INTER-TRIBAL AND INTERNATIONAL TREATIES FOR AMERICAN INDIAN ECONOMIC DEVELOPMENT 12 Lewis & Clark Law Review 1103 (Winter 2008) American Indian nations and Indian people and Indigenous groups around the world are usually the poorest communities in their countries. These entities must develop and promote economic activities and jobs for their people. Economic development is an absolutely crucial social, political, and legal issue for these governments and their people.... 2008
Jimmy K. Goodman, Amanda L. Maxfield Is That Your Final Answer? 55-APR Federal Lawyer 44 (March/April, 2008) Congress has given the National Indian Gaming Commission (NIGC) jurisdiction over and agency responsibility for most aspects of tribal gaming operations throughout the United States. One responsibility is to make decisions about the approval or disapproval of contracts between tribes and other parties that provide for the management of all or part... 2008
Rhonda McMillion Kamehameha's Children 94-JAN ABA Journal 65 (January, 2008) Even after more than a century, hawaii still has not come fully to terms with the events that transformed it from an independent nation into a U.S. territory and, in 1959, the 50th state. After King Kamehameha I united the islands at the end of the 18th century, Hawaii's sovereignty was recognized by the United States and other nations. But a coup... 2008
Anne M. Zemenick Keweenaw Bay Indian Cmty. V. Rising 40 Urban Lawyer 411 (Spring, 2008) Keweenaw Bay Indian Cmty. v. Rising, 477 F.3d 881 (6th Cir. 2007). A Michigan law that imposes an excise tax on tobacco products and requires wholesalers or unclassified acquirers to collect the tax at the point of sale does not violate the sovereign tax exempt status of Indian tribal members within the state because: (1) the incidence of the tax... 2008
Gina Cabarcas Macia Language and Domination: the Word "Indian" and its Use in the First Years of the Republic in Colombia 4 FIU Law Review 53 (Fall, 2008) The power of words recognized and under control, engenders rhetoric: the use of a specific vocabulary, of formulas and stereotypes, of rules and ways of argumentation The word, for its power and effects, makes an idea become reality, moreover manipulates this reality and makes it drama. What is the difference between the conceptions and stereotypes... 2008
Christine Malumphy, Randall Yates Muddying Tribal Waters: Maine V. Johnson, Internal Tribal Affairs, and Point Source Discharge Permitting in Indian Country 35 Ecology Law Quarterly 263 (2008) Maine v. Johnson represents the convergence of the paths of the Environmental Protection Agency (EPA), the Clean Water Act (CWA), and an agreement between a state and Native American tribes designed to protect the environment. Unfortunately, at the intersection of these paths lies a decision that threatens environmental health and Native... 2008
  Native American Resources 2008 ABA Environment, Energy, and Resources Law: The Year in Review 255 (2008) We have attempted to include in our report federal legislation broadly applicable to Indians or Indian tribes and their resources. Acts relating to one or more specific tribes are not included in this report. The Energy Improvement and Extension Act of 2008, includes several provisions that include Indian tribes, either explicitly or implicitly.... 2008
Nancy Williams Bonnett Native American Retirement Plans: the Law in the Aftermath of the Pension Protection Act of 2006 1 Phoenix Law Review 147 (Spring, 2008) I. Introduction. 147 II. The Applicability of ERISA to the Tribes. 148 III. The Applicability of Internal Revenue Code Section 401(k) to the Tribes. 150 IV. ERISA's Governmental Plan Exemption. 150 V. The Pension Protection Act of 2006. 152 VI. Conclusion. 157 2008
Daniel L. Meehan Native Children in Alaska: the State of Tribal Self-determination in Child Custody Proceedings 32 American Indian Law Review 167 (2007-2008) On October 1, 2004, the Attorney General of Alaska, Greg Renkes, issued an opinion explaining that as a general rule Alaska has exclusive jurisdiction over child custody proceedings involving Alaska Native children. This position was a dramatic departure from an opinion issued nearly two years earlier, where the same office concluded that Alaska... 2008
Sara Brucker Navajo Nation V. United States Forest Service: Defining the Scope of Native American Freedom of Religious Exercise on Public Lands 31-SPG Environs Environmental Law and Policy Journal 273 (Spring 2008) Introduction. 275 I. Early History. 276 A. Sherbert and Yoder: Establishing the Strict Scrutiny Test. 276 B. The SmithRevolution. 277 II. The Creation of RFRA and RLUIPA. 278 A. RFRA: A Quick Congressional Response. 278 B. City of Boerne: The Tug of War Continues. 279 C. RLUIPA and the Amendments to RFRA. 280 D. Affirmation of Gonzalesand Cutter.... 2008
Thomas Yarrow , University of Manchester Negotiating Difference: Discourses of Indigenous Knowledge and Development in Ghana 31 PoLAR: Political and Legal Anthropology Review 224 (November, 2008) This article examines the contested ways in which the international development concept of indigenous knowledge has been used and understood by a variety of actors within Ghana including both Ghanaian and non-Ghanaian development workers, chiefs, and members of beneficiary communities. While an ostensibly simplistic opposition between indigenous... 2008
Frank Pommersheim New Directions in Indian Law Scholarship: an Afterword 32 American Indian Law Review 157 (2007-2008) This afterword to the New Directions in Indian Law Scholarship Conference held at the University of California, Berkeley School of Law on November 17, 2006, and sponsored by the National Congress of American Indians was written at the request of Professor Philip Frickey, a leading organizer of the conference. Phil gave me no direction and... 2008
Matthew D. Budds No Canada: Analyzing Efforts to Keep Canadian Waste in its Home and Native Land 39 University of Toledo Law Review 693 (Spring 2008) THE disposal of municipal solid waste is problematic in certain urban areas throughout North America, including Toronto, Ontario, Canada. Due to financial and regulatory constraints, Toronto is faced with an impending crisis that could result in its streets being filled with garbage. The problem of waste management is especially difficult for the... 2008
Yehuda Gruenberg Not All Who Wander Should Be Lost: the Rights of Indigenous Bedouins in the Modern State of Israel 34 Brooklyn Journal of International Law 185 (2008) The past two centuries can perhaps best be described as the age of nationalism. Colonialism, the touchstone of the late eighteenth through the early twentieth centuries, began to wane, and indigenous peoples all across the globe began to take responsibility for the determination of their own social and political futures. Among the weakest, poorest,... 2008
Nathan Goetting On White Scholars Teaching Federal Indian Law 65 Guild Practitioner 204 (Winter 2008) Last February I flew to Baton Rouge to give a presentation to The National Association of Native American Studies annual conference. I was a new member of NANAS and, though colleagues had spoken favorably about the conference, I wasn't sure what to expect. A few days before my presentation I tried to imagine what awaited me--would there be a large... 2008
D. Michael McBride III, Susan E. Huntsman Organized Labor Strategies for Indian Gaming Enterprises 55-APR Federal Lawyer 48 (March/April, 2008) In February 2007, the D.C. Circuit Court upheld a decision made by the National Labor Relations Board (NLRB) that reversed 28 years of precedent and held that the National Labor Relations Act (NLRA) applies to a tribal enterprise that generates government revenue and operates on an Indian reservation. (Under prior decisions, the act applied only to... 2008
Julian Aguon Other Arms: the Power of a Dual Rights Legal Strategy for the Chamoru People of Guam Using the Declaration on the Rights of Indigenous Peoples in U.s. Courts 31 University of Hawaii Law Review 113 (Winter 2008) In Guam, even the dead are dying again. At the time of this writing, 432 human remains-the bones of the ancestors of the indigenous Chamoru people buried some 1,500 years ago -sit in a private lab owned by the company the Guam Okura Hotel commissioned to do an archeological survey on its premises. Some two hundred of these are set for shipment, via... 2008
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