George P. Generas, Jr. and Karen Gantt Current Status of Compensation for Native American Property Takings 36 Real Estate Law Journal 27 (Summer 2007) When asked what the Indians called America before the coming of the white man, an Indian said simply ours'. Vine Deloria, Jr. The purpose of this paper is to provide a basic understanding of Indian land claims in the eastern states and the current status of such cases as a result of the most recent opinions of the United States Supreme Court.... 2007
  Detailed Discovery 26 No.3 Legal Management 79 (May/June, 2007) Wave Software recently launched Trident LITE, free software that allows users to convert loose MSG files to PST for review as well as extract out MSG files. Users can output TXT, HTML, and 22 fields of metadata, and optionally save out attachments, all while preserving all folders and chain of custody. Trident LITE is developed from components of... 2007
Thomas Agnello Diversionary Tactics: Little Traverse Bay Bands of Odawa Indians V. Great Springs Waters of America, Inc., the Feared Inadequacy of Current Great Lakes Water Diversion Enforcement Mechanisms, and the Great Lakes Annex 25 Wisconsin International Law Journal 135 (Spring 2007) On December 13, 2005, the governors of the eight Great Lakes states and the premiers of the two Canadian Great Lakes provinces convened in Milwaukee to sign the historic Great Lakes Charter Annex Implementing Agreements (Annex). The Annex seeks to preserve Great Lakes water--a non-renewable natural resource that replenishes less than 1 percent of... 2007
E. Budd Simpson Doing Business with Alaska Native Corporations 16-AUG Business Law Today 37 (July/August, 2007) Alaska Native Corporations (ANCs) are unique business institutions that present an interesting array of opportunities for U.S. and international transactions. ANCs take the place of traditional tribal organizations but are structured like modern business corporations. They are 100 percent minority owned (Native American/Alaska Native), which... 2007
Timothy R. Hurley Elevating Form over Substance at the Expense of Indian Sovereignty [Wagnon V. Prairie Band Potawatomi Nation, 126 S. Ct. 676 (2005)] 46 Washburn Law Journal 453 (Winter 2007) An unlimited power to tax involves, necessarily, a power to destroy. When the Europeans discovered America in 1492, five million people in 600 Indian tribes already inhabited the area now known as the United States. Each tribe had its own language and government and considered itself a distinct sovereign entity. Sovereignty is the force or power... 2007
Sierra M. Jefferies Environmental Justice and the Skull Valley Goshute Indians' Proposal to Store Nuclear Waste 27 Journal of Land, Resources, and Environmental Law 409 (2007) This Note considers the application of various understandings of environmental justice to the recent defeat of the Skull Valley Goshutes' proposal to store high level nuclear waste on their reservation. Although opponents of the proposal framed the issue as a case of environmental racism inflicted on a poor tribe, first by the federal government... 2007
Melody Kapilialoha MacKenzie, Susan K. Serrano, Koalani Laura Kaulukukui Environmental Justice for Indigenous Hawaiians: Reclaiming Land and Resources 21-WTR Natural Resources & Environment 37 (Winter, 2007) Hnau ka 'ina, hnau ke ali'i, hnau ke kanaka. Born was the land, born were the chiefs, born were the common people. Mary Kawena Pukui, lelo No'eau, Hawaiian Proverbs & Poetical Sayings 56 (1983). So begins an ancient proverb that describes the inseparable spiritualand genealogicalconnection between Native Hawaiians and their land and... 2007
J. Mijin Cha Environmental Justice in Rural South Asia: Applying Lessons Learned from the United States in Fighting for Indigenous Communities' Rights and Access to Common Resources 19 Georgetown International Environmental Law Review 185 (Winter, 2007) C1-3Contents I. Introduction. 186 II. The Beginning of Environmental Justice: A Fight Against Environmental Racism. 188 A. Emergence of Race in Environmental Discussions. 189 B. Characteristics of the Environmental Justice Movement. 190 C. The Importance of Movement Inclusivity and Diversity of Tools Used to Achieve Environmental Justice. 192 III.... 2007
Nathan Speed Examining the Interstate Commerce Clause Through the Lens of the Indian Commerce Clause 87 Boston University Law Review 467 (April, 2007) Introduction. 467 I. Early Laws Governing Indian Tribes and Their Justifications. 471 A. Early Uses of the Treaty Clause. 471 B. Early Uses of the Indian Commerce Clause. 472 C. Conclusion to Part I. 478 II. Later Regulations of Indian Tribes: The Major Crimes Act. 479 III. Judicial Review of the Major Crimes Act: Kagama and the Rise of the Plenary... 2007
D. Michael McBride III Fba's Indian Law Section: High-octane Scholarship and Cutting-edge Issues 54-APR Federal Lawyer 10 (March/April, 2007) Wow! The association's Indian Law Section has gone through incredible changesmoving from the longtime stewardship and leadership provided by Lawrence Baca, the godfather of the FBA's Indian Law Section for decades (and deputy director of the Office of Tribal Justice at the U.S. Department of Justice), to newly established bylaws that call for... 2007
  Federal Courts -- Political Question Doctrine -- D.c. Circuit Holds Claims of Harms to Native Inhabitants of the British Indian Ocean Territory Caused by the Construction of a U.s. Military Base Nonjusticiable. -- Bancoult V. Mcnamara, 445 F.3d 427 (D.c. 120 Harvard Law Review 860 (January, 2007) Courts and commentators, struggling to make sense of the murky political question doctrine, have suggested that individual rights cases should be less amenable to dismissal under the doctrine than should cases dealing with structural concerns such as the separation of powers. Whether this consideration is a broad one or is limited to important... 2007
Bryan H. Wildenthal Federal Labor Law, Indian Sovereignty, and the Canons of Construction 86 Oregon Law Review 413 (2007) Introduction: The National Labor Relations Act, Indian Government Employment, and the San Manuel Litigation. 414 I. The Factual and Historical Background of San Manuel and California Indian Gaming. 423 II. San Manuel and the Canons of Construction. 431 A. The NLRA and Government Employers. 431 B. How the Canons Should Apply. 434 C. The NLRB Plays... 2007
J. Matthew Martin Federal Malpractice in Indian Country and the "Law of the Place": a Re-examination of Williams V. United States under Existing Law of the Eastern Band of Cherokee Indians 29 Campbell Law Review 483 (Spring 2007) Perhaps not surprisingly, the Government's initial involvement in the health care issues of Indians came through the attempts of War Department military physicians to contain the spread of smallpox and other contagions from spilling over from Tribal lands into non-Indian enclaves. Following the forced removal of the Eastern Indians, treaties began... 2007
John B. Weldon, Jr. , Lisa M. McKnight Future Indian Water Settlements in Arizona: the Race to the Bottom of the Waterhole? 49 Arizona Law Review 441 (Summer 2007) Former Secretary of the Interior Bruce Babbitt once characterized the Lower Colorado River Basin and its water resources as the last waterhole. This characterization aptly describes the Central Arizona Project (CAP), and the role that CAP water supplies have played in the settlement of Indian water claims in Arizona over the past twenty-five... 2007
Kristi Lemoine , John Tanagho Gender Discrimination Fuels Sex Selective Abortion: the Impact of the Indian Supreme Court on the Implementation and Enforcement of the Pndt Act 15 University of Miami International and Comparative Law Review 203 (Fall, 2007) I. Introduction. 204 II. Background. 207 A. Historical Discrimination against Girl Children in India. 207 B. Medical Technologies Antiquate Traditional Infanticide. 209 C. Integral Actors in the Sex Selection Scheme. 211 D. Sex Selection Touches All of India. 215 E. Sex Determination Reaches Dangerous Levels. 217 F. The Causes of Sex Determination... 2007
Graham Dutfield, School of Law, University of Leeds Global Biopiracy: Patents, Plants and Indigenous Knowledge. By Ikechi Mgbeoji. Ithaca, Ny: Cornell University Press, 2006. Pp. Xiv+311. $22.95 Paper 41 Law and Society Review 746 (September, 2007) Academic interest in the debate on biodiversity regulation, intellectual property, and indigenous knowledge has mushroomed in recent years. And what a contentious debate it is! Drug companies find themselves condemned as biopirates for stealing plants and plant-based indigenous knowledge from developing countries and then claiming them as... 2007
Angela R. Riley Good (Native) Governance 107 Columbia Law Review 1049 (June, 2007) American Indian nations are largely unconstrained by the U.S. Constitution, and are only bound to follow provisions similar to those contained in the Bill of Rights by statute. Even then, the Supreme Court has affirmed that tribes are not required to apply or interpret civil rights protections directly in line with state and federal governments.... 2007
Starla Kay Roels, Esq. Hipaa and Patient Privacy: Tribal Policies as Added Means for Addressing Indian Health Disparities 31 American Indian Law Review Rev. 1 (2006-2007) [T]he HIPAA privacy rule will improve the quality of care and access to care by fostering patient trust and confidence in the health care system. People will be encouraged to more fully participate in their own care, and . . . [o]nce fully. . . implemented, we believe the HIPAA privacy regulation will improve the quality of health care and broaden... 2007
Megan Mooney How the Organization of American States Took the Lead: the Development of Indigenous Peoples' Rights in the Americas 31 American Indian Law Review 553 (2006-2007) Indigenous peoples have suffered half a millennium of marginalization, discrimination and genocide at the hands of state governments. In response to this history indigenous peoples have begun fighting for recognition. International and regional organizations have fashioned their own distinct responses to the challenge indigenous peoples rights... 2007
Katherine S. Vogel In re Phoenix L., 270 Neb. 870, 708 N.w.2d 786 (2006): an Analysis of Parental Rights and the Nebraska Indian Child Welfare Act 86 Nebraska Law Review 459 (2007) I. Introduction. 459 II. Background. 461 A. The Indian Child Welfare Act. 461 B. The Nebraska Indian Child Welfare Act. 463 C. The Collectivist Goals of the NICWA. 464 D. Parental Rights and Non-Indian Children: In re Phoenix. 465 III. Analysis. 470 A. Parental Rights under the ICWA. 471 B. Does the NICWA violate fundamental rights of Indian... 2007
Patrick W. Wandres Indian Land Claims: Sherrill and the Impending Legacy of the Doctrine of Laches 31 American Indian Law Review 131 (2006-2007) Indian land disputes have been the source of legal controversy since the founding of the United States. In 1970, lands purchased, confiscated, or otherwise acquired by the United States from Indian tribes had an estimated value of over $560,000,000,000. Indian tribes had remote success in the hard-fought federal litigation of land claims until... 2007
Gloria Valencia-Weber Indian Law on State Bar Exams: a Situational Report 54-APR Federal Lawyer 26 (March/April, 2007) In 2002, New Mexico became the first state to include questions about Indian law on the bar exam, thus advancing the formal recognition of the functional role that Indian law has within national and international law. Three states (New Mexico, Washington, and South Dakota) now include knowledge of the basics of how the indigenous sovereigns... 2007
Daniel Lee Jacobson Indian Sovereignty - a Brief History 49-JUN Orange County Lawyer 32 (June, 2007) With the advent of Indian gaming the concept of Indian sovereignty has worked its way into the common lexicon. A typical answer to the question as to why Indian Tribes can offer gambling is that those Tribes are sovereigns. While that answer is partially correct, it is not wholly correct. In law, American Indian Tribes are dependent sovereigns.... 2007
David P. Currie Indian Treaties 10 Green Bag 445 (Summer, 2007) The United States had made treaties with Native American tribes since before the Constitution was adopted. The Statutes at Large are full of them. By an obscure rider to an Indian appropriation bill Congress in 1871 attempted to put an end to the practice: Provided, that hereafter no Indian nation or tribe within the territory of the United States... 2007
Michael P. O'Connell Indian Tribes and Project Development Outside Indian Reservations 21-WTR Natural Resources & Environment 54 (Winter, 2007) Indian tribes have become increasingly involved in project development outside Indian reservations. In some cases, tribes are project proponents. In other cases, tribes may seek to influence permits, other governmental approvals, and funding needed for project development. In still others, an entity interested in a project, such as a financing... 2007
Summer Sylva Indigenizing Water Law in the 21st Century: Na Moku Aupuni O Ko'olau Hui, a Native Hawaiian Case Study 16 Cornell Journal of Law & Public Policy 563 (Summer 2007) INTRODUCTION: THE CONTEMPORARY LANDSCAPE OF WATER LAW IN HAWAII. 563 I. NATIVE HAWAIIAN UNDERSTANDINGS OF WATER. 566 II. HAWAII'S PUBLIC TRUST DOCTRINE. 568 III. HAWAII'S LEADING WATER LAW CASES. 572 IV. NA MOKU CASE STUDY. 576 CONCLUSION. 578 2007
Rebecca Tsosie Indigenous People and Environmental Justice: the Impact of Climate Change 78 University of Colorado Law Review 1625 (Fall 2007) The international dialogue on climate change is currently focused on a strategy of adaptation that includes the projected removal of entire communities, if necessary. Not surprisingly, many of the geographical regions that are most vulnerable to the effects of climate change are also the traditional lands of indigenous communities. This article... 2007
Valerie Phillips Indigenous Peoples and the Role of the Nation-state 101 American Society of International Law Proceedings 319 (March 28-31, 2007) The panel was convened at 10:45 a.m., Friday, March 30, by its moderator, Stefan Matiation of the Privy Counsel Office, Government of Canada, who introduced the panelists: Mattias Ahrén of the Saami Council; Merle Alexander of Boughton Law Corporation; and Valerie Phillips of the University of Tulsa College of Law. Indigenous peoples are not new... 2007
Joseph Kieyah JD/PhD Indigenous Peoples' Land Rights in Kenya: a Case Study of the Maasai and Ogiek People 15 Penn State Environmental Law Review 397 (Spring 2007) I. Introduction. 398 II. Historical Background. 400 A. Pre-Colonial Era. 400 B. Colonial Era. 402 C. Post-Colonial Era. 404 III. Evolution of Land Laws. 406 A. Protectorate Status. 406 B. Land Laws. 407 1. Policy of Land Occupied by Europeans. 407 2. Policy of Land Occupied by Africans. 408 IV. Legal Analysis of Protection of Maasai Land Rights.... 2007
Seth Gordon Indigenous Rights in Modern International Law from a Critical Third World Perspective 31 American Indian Law Review 401 (2006-2007) The United Nations declared the year 1993 as The International Year of the World's Indigenous People. This declaration came just five hundred years after the fateful arrival of Christopher Columbus into what would become known as the New World. A half century had passed since Europeans brought Old World diseases to the New World, which... 2007
Ryan Fulda Is the Ncaa Prohibition of Native American Mascots from Championship Play a Violation of the Sherman Antitrust Act? 31 American Indian Law Review 163 (2006-2007) Tens of thousands of fans scream as Chief Osceola rides his horse onto the football field at Florida State University. With his flaming spear in hand, the school mascot leads university fans in cheers before the football game begins. At a season-opening football game at the University of Illinois, Chief Illiniwek, a school mascot wearing a... 2007
Brendan O'Dell Judicial Rewriting of Indian Employment Preferences -- a Case Comment: E.e.o.c. V. Peabody Western Coal Company, 400 F.3d 774 (9th Cir. 2005) 31 American Indian Law Review 187 (2006-2007) Under Title VII of the Civil Rights Act of 1964, it is an unlawful employment practice for an employer to refuse to hire any individual on the basis of race or national origin. However, Indian tribes, along with the United States and certain governmental agencies, are specifically exempt from the definition of employer. This allows an Indian tribe... 2007
S. James Anaya Keynote Address: Indigenous Peoples and Their Mark on the International Legal System 31 American Indian Law Review 257 (2006-2007) Thank you very much Dean Burnett, I am truly humbled by that introduction. I want to thank the organizers, Russ and Rebecca, for their effort in putting all this together and for including me in this event. I would like to think of today as somewhat of a celebration of the victory achieved by the Western Shoshone people just last week at the United... 2007
Eduardo Jose Fernandez La Isla Del Escape: America's Escape from Corporate Taxes & Puerto Rico's Taxed Future 19 Florida Journal of International Law 311 (April, 2007) The Commonwealth of Puerto Rico is a U.S. territory located only about one thousand miles from the U.S. mainland. Those doing business in Puerto Rico have the full protection of the laws of the United States. Similarly the U.S. Customs Service treats all shipments to and from Puerto Rico and the U.S. mainland as domestic shipments. The... 2007
D. Michael McBride, III , H. Leonard Court Labor Regulation, Union Avoidance and Organized Labor Relations Strategies on Tribal Lands: New Indian Gaming Strategies in the Wake of San Manuel Band of Indians V. National Labor Relations Board 40 John Marshall Law Review 1259 (Summer 2007) I. Introduction. 1260 II. San Manuel Historical Background. 1261 III. Inherent Tribal Government Powers and Federal Relationship. 1265 IV. Background of Federal Laws Applying to or Exempting Tribes. 1267 V. Analysis of San Manuel. 1259 VI. NLRB Historic Treatment of Tribes and NLRA Strategies for Tribal Governments and Their Enterprises. 1283 A.... 2007
Tyler Harden Limiting Tribal Rights under the Federal Power Act: Skokomish Indian Tribe V. United States 28 Energy Law Journal 667 (2007) I. Introduction. 667 II. Facts. 669 III. Traditional Rationale for Restricting Section 10(c) to State Law. 670 IV. Analysis. 672 A. The Ninth Circuit Improperly Relied on Its Sister Circuits. 672 B. A Closer Look at the Plain Language and Legislative History of Section 10(c) of the Federal Power Act. 673 V. Arguments for Using Federal Common Law... 2007
Carla D. Pratt Loving Indian Style: Maintaining Racial Caste and Tribal Sovereignty Through Sexual Assimilation 2007 Wisconsin Law Review 409 (2007) I. Introduction. 410 II. Tribal Miscegenation Laws. 414 A. The Genesis of Tribal Laws Regulating Loving. 414 B. The Context of Indian Miscegenation Law. 417 1. Geographical Containment Creates Vulnerability. 417 2. State Sovereignty Versus Tribal Sovereignty. 418 3. Science and Education Influence Tribal Policy. 421 4. The Tribes Seek the... 2007
Carla D. Pratt LOVING INDIAN STYLE: MAINTAINING RACIAL CASTE AND TRIBAL SOVEREIGNTY THROUGH SEXUAL ASSIMILATION 2007 Wisconsin Law Review 409 (2007) I. Introduction. 410 II. Tribal Miscegenation Laws. 414 A. The Genesis of Tribal Laws Regulating Loving. 414 B. The Context of Indian Miscegenation Law. 417 1. Geographical Containment Creates Vulnerability. 417 2. State Sovereignty Versus Tribal Sovereignty. 418 3. Science and Education Influence Tribal Policy. 421 4. The Tribes Seek the... 2007
William R. Di Iorio Mending Fences: the Fractured Relationship Between Native American Tribes and the Federal Government and its Negative Impact on Border Security 57 Syracuse Law Review 407 (2007) Introduction. 408 I. Historical Background of Federal-Native American Relations. 410 A. Johnson v. M'Intosh. 410 B. Cherokee Nation v. Georgia. 411 C. Worcester v. Georgia. 412 D. The Jay Treaty and the Treaty of Ghent. 413 E. The Treaty of Guadalupe Hidalgo. 413 F. The United Nations Draft Declaration on the Rights of Indigenous Peoples and the... 2007
Ryan Sudbury , Nez Perce Tribe Message from the Indian Law Section Chair 50-MAY Advocate 12 (May, 2007) This year the Indian Law Section of the Idaho State Bar has gone through some big changes. Rob Roy Smith, the Section's co-founder, stepped out of the chair role and into the largely emeritus role of the honorable past-chair of the section. Emily Kane, the former secretary/treasurer, also stepped aside to take some much deserved time off for... 2007
Elizabeth Ann Kronk, Heather Dawn Thompson Modern Realities of the "Jurisdictional Maze" in Indian Country: Case Studies on Methamphetamines Use and the Pressures to Ensure Homeland Security 54-APR Federal Lawyer 48 (March/April, 2007) Because legal jurisdiction in Indian country can involve three separate actorsthe tribe, the federal government, and potentially the state governmentthe laws governing which entity has authority in various situations can become confusing, amounting to a jurisdictional maze. Problems that arise from modern developments, such as increased use of... 2007
Heather Dawn Thompson, Lawrence R. Baca National Native American Bar Association 24 No.3 GPSolo 42 (April/May, 2007) The National Native American Bar Association (NNABA) shares with other minority bar associations many of the same goalsdiversity and increased understanding of our communities' unique cultural and legal issues. However, most of our lawyers are both U.S. citizens and citizens of their respective tribal nations. Our members, therefore, also share... 2007
Dr. Joe Shirley, Jr. Native America and the Rule of Law 42 University of Richmond Law Review 59 (September, 2007) Greetings! Ya ah tae! Sha has twii, shi zahni, altah asil lhoh, shi tek ihzin nih! That is a greeting in my language, greeting the elderly men first, then the grandmas, then elderly women, then friends from the far and near, then relatives. Greetings to all of you from the heart of Navajoland! I want to say Ya ah tae to each and every one of... 2007
Mary Beth Maloney Native American Federal Campaign Contributions: Rules, Risks, and Remedies 16 Southern California Interdisciplinary Law Journal 523 (Spring 2007) Until the late half of the Twentieth century, Native American tribes dedicated few economic resources to campaign contributions. However, in 1988, with the advent of federal regulation of Indian gaming through the Indian Gaming Regulatory Act (IGRA), and the financial power gaming promised, tribes with gaming interests and those hoping to develop... 2007
  Native American Resources 2007 ABA Environment, Energy, and Resources Law: The Year in Review 252 (2007) Legislation enacted by Congress in 2007 concerning American Indian and Alaska Native tribes included several acts relating to environment, energy, or resources. We have included in our report those acts that are broadly applicable to Indian tribes and resources. A number of acts relating to one or more specific tribes were enacted but are not... 2007
Transcript of Professor Raymond Cross , Dr. William Rodgers Natural Resource Damage Law and Policy - with a Special Emphasis on the Indian Tribes 28 Public Land & Resources Law Review 21 (2007) I'd like to add my welcome to the community of Missoula and beyond. Before I introduce our keynote speaker, Dr. William Rodgers from the University of Washington, I'd like to talk a little bit about your role, because the world your grandchildren, your great-grandchildren inherit is a world that you create for them, and that's what this conference... 2007
Kirsten Westerland Nepal's Community Forestry Program: Another Example of the Tragedy of the Commons or a Realistic Means of Balancing Indigenous Needs with Forestry Conservation? 18 Colorado Journal of International Environmental Law and Policy 189 (Winter 2007) As indigenous peoples, we have always livedin accordance with the sacred and natural laws,in balance with the natural world . . . As indigenous peoples, we stand on the frontlines of the struggle to defend the natural world. In environmental policies today, there is an ideological conflict between the Western conservationist view of property and... 2007
June McCue New Modalities of Sovereignty: an Indigenous Perspective 2 Intercultural Human Rights Law Review 19 (2007) Good afternoon, everyone. I want to thank the organizers of the symposium, to acknowledge the traditional peoples of the homeland here for allowing me to speak in their territory, and I also would like to acknowledge the panelists that I am speaking with today. Thank you to Siegfried and to Valerie Phillips for inviting me down here to speak on... 2007
Amy Taylor Sevigny Northwest Environmental Advocates V. United States Environmental Protection Agency: Federal Court Finds the Epa Exemption, Which Allows Vessels to Discharge Ballast Water--that May Inadvertently Contain Non-native, Invasive Species of Marine Life into Wat 14 University of Baltimore Journal of Environmental Law 213 (Spring 2007) In Northwest Environmental Advocates v. United States Environmental Protection Agency , the United States District Court for the Northern District of California held that the Environmental Protection Agency's (EPA) exemption in 40 C.F.R. § 122.3(a) for discharging ballast water is illegal because the Clean Water Act (CWA) requires the EPA to... 2007
William N. Wright Not in Whose Name?: Evidentiary Issues in Legal Challenges to Native American Team Names and Mascots 40 Connecticut Law Review 279 (November, 2007) Perhaps due to the prominent place held by professional and collegiate sports in American culture, the issue of Native American team names and mascots has received considerable attention. Those who believe their usage is offensive and disparaging and those who think their usage is respectful and appropriate are in complete opposition and share... 2007
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