| Author | Title | Citation | Summary | Year |
| Charles Carvell |
Indian Reserved Water Rights: Impending Conflict or Coming Rapprochement Between the State of North Dakota and North Dakota Indian Tribes |
85 North Dakota Law Review Rev. 1 (2009) |
I. INTRODUCTION. 2 II. PRIOR APPROPRIATION: THE FOUNDATION OF NORTH DAKOTA WATER LAW. 4 A. Development of Prior Appropriation and its Adoption by North Dakota. 4 B. Application of Prior Appropriation on North Dakota Indian Reservations. 7 III. REJECTION OF STATE WATER LAW AND ASSERTIONS OF SOVEREIGNTY BY NORTH DAKOTA INDIAN TRIBES. 15 IV. WINTERS... |
2009 |
| Michael C. Blumm , Jane G. Steadman |
Indian Treaty Fishing Rights and Habitat Protection: the Martinez Decision Supplies a Resounding Judicial Reaffirmation |
49 Natural Resources Journal 653 (Summer-Fall, 2009) |
In the nineteenth century, the federal government convinced many Pacific Northwest tribes to enter into treaties that would facilitate white settlement. These treaties resulted in tribes ceding millions of acres of homeland in exchange for the right to take fish from all the usual and accustomed places. Although it was assumed that the salmon... |
2009 |
| David H. House , Thomas Weathers |
Indian Tribes and Casinos |
35-NOV Montana Lawyer Law. 5 (November, 2009) |
Some believe there is a judicial trend of restricting Indian law tax immunities. If so, this trend may be an offshoot of recent U.S. Supreme Court decisions chipping away at tribal sovereignty, or it may be influenced by a narrow and inaccurate view of tribes as rich casinos. As Montanans know, thinking of tribes as rich casinos ignores the... |
2009 |
| Danielle M. Conway |
Indigenizing Intellectual Property Law: Customary Law, Legal Pluralism, and the Protection of Indigenous Peoples' Rights, Identity, and Resources |
15 Texas Wesleyan Law Review 207 (Spring 2009) |
Cultures live and cultures die. Cultures live by the transmission of law, knowledge, land, and resources from one generation to the next. Cultures die, in large measure, because of exploitation of peoples and the knowledge they possess. In reality, cultures are constantly under attack from politically-oriented societies bent on exterminating,... |
2009 |
| E. Rania Rampersad |
Indigenous Adaptation to Climate Change: Preserving Sustainable Relationships Through an Environmental Stewardship Claim & Trust Fund Remedy |
21 Georgetown International Environmental Law Review 591 (Spring, 2009) |
C1-2Contents Introduction. 592 I. The Problem: Climate Change Harms to Indigenous Peoples. 593 A. Indigenous Adaptation to Climate Change. 593 1. Introduction to the Problem. 593 2. Recognition of Need for Special Protections for Indigenous Peoples. 595 B. Achieving Preservation & Restoration Through Litigation: Current Inadequacies. 597 1. Case... |
2009 |
| Jason Gray |
Indigenous Communities and Biodiversity Conservation: Protected Areas and the Right to Consultation |
12 Gonzaga Journal of International Law L. 3 (2008-2009) |
I. Introduction . II. The Importance of Biodiversity to Communities in Gabon and Panama . A. Two of Gabon's Rural Communities Have Long Depended on Biodiversity for Their Culture and Livelihoods i. The Balumbu of the Ndougou Lagoon . ii. The Bavili of Loango . B. Two Communities in Panama Traditionally and Currently Rely on Their Environment . i.... |
2009 |
| Jeff Corntassel |
Indigenous Governance Amidst the Forced Federalism Era |
19-FALL Kansas Journal of Law & Public Policy 47 (Fall 2009) |
Whether the general public realizes it or not, Indigenous peoples in the United States today are living in a new policy era--one that I call forced federalism (1988- present). As a result of the 1988 Indian Gaming and Regulatory Act (IGRA) and the subsequent transfer of federal powers to state governments, Indigenous nations have been forced into... |
2009 |
| Daniel Austin Green |
Indigenous Intellect: Problems of Calling Knowledge Property and Assigning it Rights |
15 Texas Wesleyan Law Review 335 (Spring 2009) |
Prelude: On Making Javanese Tobacco in a Japanese POW Camp:. 335 Introduction. 336 The Nature of Rights. 342 The Nature of Property. 343 Forms of Remedies. 352 Conclusion. 355 |
2009 |
| Debra Harry |
Indigenous Peoples and Gene Disputes |
84 Chicago-Kent Law Review 147 (2009) |
Wary from decades of exploitation in the name of science, Indigenous peoples typically approach any externally generated research agenda with caution, and for good reason. Indigenous peoples have been on the receiving end of research carried out in insensitive, and sometimes harmful, ways. Research has historically been a top-down, outside-in... |
2009 |
| Siegfried Wiessner, St. Thomas University School of Law |
Indigenous Rights and United Nations Standards. By Alexandra Xanthaki. Cambridge: Cambridge University Press. 2007. Pp. Xxxix, 314. Index. $110, £58 |
103 American Journal of International Law 188 (January, 2009) |
Indigenous Rights and United Nations Standards aims high: Alexandra Xanthaki, says the book's dust jacket, refuses to shy away from difficult questions and challenging issues and offers a comprehensive discussion of indigenous rights and their contribution to international law. In her introduction, Xanthaki-- who teaches at London's Brunel... |
2009 |
| Peter J. Chalk , Alexander Dunlop |
Indigenous Trade Marks and Human Rights: an Australian and New Zealand Perspective |
99 The Trademark Reporter 956 (July-August, 2009) |
Article 17 of the Universal Declaration of Human Rights (UDHR) provides that (1) everyone has the right to own property alone as well as in association with others and that (2) no one shall be arbitrarily deprived of his property. In considering Article 17 of the UDHR, it is instructive to refer to interpretations of Article 1 of Protocol No. 1... |
2009 |
| Jo M. Pasqualucci |
International Indigenous Land Rights: a Critique of the Jurisprudence of the Inter-american Court of Human Rights in Light of the United Nations Declaration on the Rights of Indigenous Peoples |
27 Wisconsin International Law Journal 51 (Spring 2009) |
Recognizing the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources . . . - Preamble, United Nations Declaration on... |
2009 |
| Surya Mani Tripathi , Anshu Pratap Singh , Dipa Dube |
Internet Governance: a Developing Nation's Call for Administrative Legal Reform |
37 International Journal of Legal Information 368 (Winter 2009) |
Cyberspace presents something new for those who think about regulation and freedom. It demands a new understanding of how regulation works and what regulates life there. It compels us to look beyond the traditional lawyer's scope-beyond laws, regulations, and norms. It requires an account of a newly salient regulator [- Computer Code] . In real... |
2009 |
| NNALSA |
Introduction to the National Native American Law Students Association 8 Annual Writing Competition |
26 Arizona Journal of International & Comparative Law 505 (Summer, 2009) |
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... |
2009 |
| Guadalupe Gutierrez, Ph.D. |
Jurisdictional Ambiguities among Sovereigns: the Impact of the Indian Gaming Regulatory Act on Criminal Jurisdiction on Tribal Lands |
26 Arizona Journal of International & Comparative Law 229 (Spring, 2009) |
At first blush, it seems the Indian Gaming Regulatory Act (IGRA) succeeded in providing enormous economic opportunities for tribal governments to further their aspirations as self-governing, self-sufficient autonomous bodies. Closer inspection, however, reveals that IGRA was a reactionary response by Congress that did little to carry forward ideals... |
2009 |
| Guadalupe Gutierrez, Ph.D. |
JURISDICTIONAL AMBIGUITIES AMONG SOVEREIGNS: THE IMPACT OF THE INDIAN GAMING REGULATORY ACT ON CRIMINAL JURISDICTION ON TRIBAL LANDS |
26 Arizona Journal of International & Comparative Law 229 (Spring, 2009) |
At first blush, it seems the Indian Gaming Regulatory Act (IGRA) succeeded in providing enormous economic opportunities for tribal governments to further their aspirations as self-governing, self-sufficient autonomous bodies. Closer inspection, however, reveals that IGRA was a reactionary response by Congress that did little to carry forward ideals... |
2009 |
| John T Cross |
Justifying Property Rights in Native American Traditional Knowledge |
15 Texas Wesleyan Law Review 257 (Spring 2009) |
I. Introduction. 257 II. Native American Traditional Knowledge and Intellectual Property Rights. 262 III. Reconciling Traditional Knowledge Rights with Intellectual Property Law Theory. 264 A. The Reward for Creativity Theory of Intellectual Property. 265 B. Other Justifications for Property Rights in Knowledge. 267 C. Constitutional... |
2009 |
| Michelle Smith , Janet C. Neuman |
Keeping Indian Claims Commission Decisions in Their Place: Assessing the Preclusive Effect of Icc Decisions in Litigation over Off-reservation Treaty Fishing Rights |
31 University of Hawaii Law Review 475 (Summer, 2009) |
Congress established the Indian Claims Commission (ICC) in 1946 as a forum to adjudicate claims by Native American tribes against the United States. Between 1946 and its termination in 1978, the Commission decided 610 tribal claims and awarded over 800 million dollars in compensation to 170 tribes. Although the ICC's remedial authority was limited... |
2009 |
| Christopher A. Schnell |
Lincoln and the Kentuckians: Placing Abraham Lincoln in Context with Lawyers and Clients from His Native State |
36 Northern Kentucky Law Review 263 (2009) |
Abraham Lincoln was born in and spent the first seven years of his life in Kentucky. In 1816, his father, Thomas Lincoln, moved his family north across the Ohio River from what was then Hardin County, Kentucky and settled on a wooded, 160-acre claim in what was then Perry County, in southern Indiana. Lincoln later attributed his father's move north... |
2009 |
| Aliza Gail Organick |
Listening to Indigenous Voices: What the Un Declaration on the Rights of Indigenous Peoples Means for U.s. Tribes |
16 U.C. Davis Journal of International Law and Policy 171 (Fall 2009) |
Introduction. 173 I. History of the Declaration - The Long and Winding Road. 177 A. The International Indigenous Peoples' Movement. 177 B. The First Decade and Draft Declaration. 180 1. The Draft Declaration. 182 2. Lessons Learned from the First Decade and Developing Strategies for the Second. 184 3. The Declaration. 186 II. The Declaration and... |
2009 |
| Lahela Hiapola'ela'e Farrington Hite |
Maka'ala Ke Kanaka Kahea Manu: Examining a Potential Adjustment of Kamehameha Schools' Tuition Policy |
32 University of Hawaii Law Review 237 (Winter 2009) |
In 1893, a group of civilians, supported by the full power of the United States Navy and the United States Minister to the Kingdom of Hawai'i, successfully overthrew the Hawaiian monarchy. This coup d'etat ushered in over a century of hardship and deprivation for the Native Hawaiians. Kamehameha Schools is one of the few remaining institutions... |
2009 |
| Andrew R. Carl |
Method Is Irrelevant: Allowing Native Hawaiian Traditional and Customary Subsistence Fishing to Thrive |
32 University of Hawaii Law Review 203 (Winter 2009) |
In 2002, the Circuit Court of the Third Circuit of the State of Hawai'i, in Kelly v. 1250 Oceanside Partners, concluded as a matter of law that: Method is relevant to claimed traditional and customary rights. Fishing and gathering practices lose their traditional and customary nature when performed with modern technology that: (a) substantially... |
2009 |
| Lisa M. Slepnikoff |
More Questions than Answers: Plains Commerce Bank V. Long Family Land and Cattle Company, Inc. and the U.s. Supreme Court's Failure to Define the Extent of Tribal Civil Authority over Nonmembers on Non-indian Land |
54 South Dakota Law Review 460 (2009) |
In a 5-4 decision, the United States Supreme Court held in Plains Commerce Bank v. Long Family Land and Cattle Co. that tribal courts lack the civil authority to adjudicate claims arising from the non-Indian sale of fee land to another non-Indian. This case represents the next step in a long history of judicial activism which has steadily chipped... |
2009 |
| Lisa M. Slepnikoff |
MORE QUESTIONS THAN ANSWERS: PLAINS COMMERCE BANK V. LONG FAMILY LAND AND CATTLE COMPANY, INC. AND THE U.S. SUPREME COURT'S FAILURE TO DEFINE THE EXTENT OF TRIBAL CIVIL AUTHORITY OVER NONMEMBERS ON NON-INDIAN LAND |
54 South Dakota Law Review 460 (2009) |
In a 5-4 decision, the United States Supreme Court held in Plains Commerce Bank v. Long Family Land and Cattle Co. that tribal courts lack the civil authority to adjudicate claims arising from the non-Indian sale of fee land to another non-Indian. This case represents the next step in a long history of judicial activism which has steadily chipped... |
2009 |
| Janine Robben |
Myths, History and Destiny |
69-JUN Oregon State Bar Bulletin 17 (June, 2009) |
Walk a mile under my skies Try to see it once the way I do If you look out through my eyes You'll find a different point of view. Everything changes, Every fact wears some disguise . --Canadian singer and songwriter James Keelaghan I'm writing this at the cabin my husband built on our property between the Winema National Forest and the Klamath... |
2009 |
| Marie Quasius |
Native American Rape Victims: Desperately Seeking an Oliphant-fix |
93 Minnesota Law Review 1902 (May, 2009) |
Leslie Ironroad lay dying in her hospital bed. She scribbled a statement to a police officer and identified the men who raped her, beat her, and locked her in the bathroom where she attempted to overdose on prescription medicine to escape further harm. No charges were filed. Members of the Standing Rock Sioux Reservation indicate that the police... |
2009 |
| |
Native American Resources |
2009 ABA Environment, Energy, and Resources Law: The Year in Review 250 (2009) |
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 American Recovery and Reinvestment Act of 2009 contains provisions affecting American Indian tribes' ability to finance energy and... |
2009 |
| Robert O. Saunooke |
Native Americans and the Federal Bench: the Time Has Come |
48 No.4 Judges' Journal 25 (Fall, 2009) |
As a Native American attorney, I am personally hopeful about the new federal administration and the possibilities it presents for change throughout the United States. One aspect of this change should occur as President Barack Obama has the opportunity to appoint judges to the federal bench. The possibility for significant change in the demographics... |
2009 |
| |
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 |