| Author | Title | Citation | Summary | Year |
| 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 |
| Nicole Harris, San Francisco |
Our Mini-theme: Native America |
18-DEC Business Law Today Today 8 (November/December, 2008) |
The law is a system that provides social cohesion while at the same time revealing much about our culture in a nation of many people and customs. In this issue, we celebrate the Native peoples of our nation, which include Native Americans, Alaska Natives, and Native Hawaiians. Few of us have had the opportunity to develop a deep understanding of... |
2008 |
| by Matthew L. M. Fletcher |
Plains Commerce Bank |
35 No.7 Preview of United States Supreme Court Cases 329 (4/14/2008) |
In a case arising on the Cheyenne River Sioux Tribe's reservation in South Dakota, an Indian tribal member-owned company sued a nonmember-owned bank in tribal court to prevent the foreclosure and sale of its ranching land and to assert contract and discrimination claims. This case provides the Court an opportunity to clarify the extent to which a... |
2008 |
| Eamon Lorincz |
Possessing the Pacific: Land, Settlers, and Indigenous People from Australia to Alaska, by Stuart Banner. Cambridge, Massachusetts: Harvard University Press. 2007. |
32 Harvard Environmental Law Review 597 (2008) |
Most people leave school with a simple understanding of the relationship between British and American colonists, Native Americans and Pacific Islanders, and the lands of the New World: the colonists wanted it, the natives had it, and the colonists used whatever means available to take it. In his new book, Possessing the Pacific: Land, Settlers,... |
2008 |
| Dorothy E. Schmidt |
Postcard from the Reality-based Universe: "Wish You Were All Here!" a Meditation on the Relationship Between Science, Intellectual Property Law, and the Rights of Indigenous Populations in Plant Genetic Resources |
38 Environmental Law 315 (Winter 2008) |
Patents on plant-derived products, and subsequent adverse impacts on the economic and environmental well-being of indigenous populations, have generated numerous high-profile controversies. Critics of intellectual property law typically call the actions and outcomes involved biopiracy or worse. On the other hand, critics of biopiracy arguments... |
2008 |
| Judith V. Royster |
Practical Sovereignty, Political Sovereignty, and the Indian Tribal Energy Development and Self-determination Act |
12 Lewis & Clark Law Review 1065 (Winter 2008) |
This Article addresses the latest attempt by Congress to promote tribal self-determination through a statute designed to increase tribal control over energy resource development on Indian lands. The author begins with a brief history of the gradual transfer of control over tribal resources from the federal government to tribes. This shift in... |
2008 |
| André Douglas Pond Cummings |
Progress Realized?: the Continuing American Indian Mascot Quandary |
18 Marquette Sports Law Review 309 (Spring 2008) |
On every fall Saturday in the United States, a young, white male college student goes about a deliberate ritual that stuns in its audacity. This white student will pull on buckskin leggings with fringes and an intricate bone and pearl breastplate. This white student will paint his face with war colors that represent power and tradition. This... |
2008 |
| Jon Reyhner |
Promoting Human Rights Through Indigenous Language Revitalization |
3 Intercultural Human Rights Law Review 151 (2008) |
The National Geographic Society's Enduring Voices project notes that about every two weeks another language dies, taking millennia of human knowledge and history with it. Writing in The Wall Street Journal, John J. Miller declared that the increasing pace of language death is a trend that is arguably worth celebrating . . . [because] age-old... |
2008 |
| Ezra Rosser |
Protecting Non-indians from Harm? The Property Consequences of Indians |
87 Oregon Law Review 175 (2008) |
For the term following the confirmation of Justice Alito and Chief Justice Roberts, the Supreme Court did not grant certiorari on any Indian law case for perhaps the first time since 1960. With the Native American Rights Fund and other pan-Indian organizations actively pursuing an avoid-the-Court strategy, necessitated by the Court's hostility... |
2008 |
| Ezra Rosser |
PROTECTING NON-INDIANS FROM HARM? THE PROPERTY CONSEQUENCES OF INDIANS |
87 Oregon Law Review 175 (2008) |
For the term following the confirmation of Justice Alito and Chief Justice Roberts, the Supreme Court did not grant certiorari on any Indian law case for perhaps the first time since 1960. With the Native American Rights Fund and other pan-Indian organizations actively pursuing an avoid-the-Court strategy, necessitated by the Court's hostility... |
2008 |
| Andrew Herrold |
Protecting the Smile of the Great Spirit : the Need for Increased Stewardship of New Hampshire's Shorelands |
16 Penn State Environmental Law Review 403 (Winter 2008) |
In October, 2006, at the time of the original writing of this comment, a commission charged with reviewing the effectiveness of New Hampshire's Comprehensive Shoreland Protection Act (CSPA or the Act) was nearing completion of its fifteen month assignment. The Commission presented its final report to state officials on November 30, 2006. The... |
2008 |
| Solangel Maldonado |
Race, Culture, and Adoption: Lessons from Mississippi Band of Choctaw Indians V. Holyfield |
17 Columbia Journal of Gender and Law L. 1 (2008) |
Jennie Bell, a member of the Mississippi Band of Choctaw Indians, a federally recognized tribe, was facing some difficult decisions. She was twenty-four years old, a single mother of two, and she was pregnant with twins by a man who was married to another woman and had two children of his own. Unemployed and not able to raise the twins herself, she... |
2008 |
| Adam Grieser , Peter Jacques , Richard Witmer , Harvard School of Law, University of Central Florida, Creighton University |
Reconsidering Religion Policy as Violence: Lyng V. Northwest Indian Cemetery Protective Association |
10 Scholar: St. Mary's Law Review on Minority Issues 373 (Spring 2008) |
I. Context. 374 II. Ruling. 376 A. A General Theory of Violence in Indian Policy. 378 III. The Lyng Decision as Violence. 384 IV. The Court and Lyng. 393 A. Implications and Conclusion: The Lyng Ruling as Legal Contradiction. 394 V. Discussion. 395 |
2008 |
| Phillip M. Kannan |
Reinstating Treaty-making with Native American Tribes |
16 William & Mary Bill of Rights Journal 809 (March, 2008) |
Mr. [President], tear down this wall! There is a wall that prevents Native American tribes and the United States from forming political partnerships under the Treaty Clause of the Constitution. It was created by a rider to the Indian Appropriation Act of 1871. The current text of the statute states, in part: [N]o Indian nation or tribe within the... |
2008 |
| Amber Halldin |
Restoring the Victim and the Community: a Look at the Tribal Response to Sexual Violence Committed by Non-indians in Indian Country Through Non-criminal Approaches |
84 North Dakota Law Review Rev. 1 (2008) |
If the Physical, Mental, Emotional and Spiritual Well Being of the Woman is intact, so too is that of the Family, Community and Society. Sexual or domestic violence inflicted upon women of color has always been a problem in the United States. In particular, Native American women receive the brunt of this criminal action as the race that receives... |
2008 |
| T.S. Twibell |
Rethinking Johnson V. M'intosh (1823): the Root of the Continued Forced Displacement of American Indians Despite Cobell V. Norton (2001) |
23 Georgetown Immigration Law Journal 129 (Fall, 2008) |
The accepted principle of governing the discovery of barbarous countries by civilized people is that discovery gave the state by whose subjects or by whose authority it was made the exclusive right to settle, possess, and govern the new land and the absolute title to the soil, subject to certain right of occupancy only in the natives . when the... |
2008 |
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Richard D. Mclellan & Kristine N. Tuma Taxpayers of Michigan Against Casinos, a Michigan Non-profit Corporation, and Laura Baird, State Representative, Michigan House of Representatives, in Her Official Capacity, Plaintiffs/appellees, V. the State of Mich |
25 Thomas M. Cooley Law Review 381 (2008) |
The Distinguished Brief Award is given in recognition of the most scholarly briefs filed before the Michigan Supreme Court, as determined by a panel of eminent jurists. Three briefs are chosen each year and printed in the Thomas M. Cooley Law Review. To preserve the author's style, the brief has been reprinted in its entirety, exactly as submitted... |
2008 |
| Eunjung Park |
Searching for a Voice: the Indigenous People in Polar Regions |
8 Sustainable Development Law & Policy 30 (Spring, 2008) |
Despite the perception of outsiders that it is a frozen land, the Arctic is home to over 3.5 million indigenous people, including the Inuits, the Saami, the Chukchi, and many more. Interestingly, one of the main differences between the two Polar Regions is the absence of indigenous people in the Antarctic and the presence of them in the Arctic.... |
2008 |
| Virginia Davis , Kevin Washburn |
Sex Offender Registration in Indian Country |
6 Ohio State Journal of Criminal Law L. 3 (Fall, 2008) |
Sex offenses against women and children may be a more serious problem in American Indian and Alaska Native communities than any other communities in theUnited States. While, on average, a woman in the United States faces a one in five chance of being raped in her lifetime, the statistics for American Indian and Alaska Native women are far graver:... |
2008 |
| Suzanne Koepplinger |
Sex Trafficking of American Indian Women and Girls in Minnesota |
6 University of Saint Thomas Law Journal 129 (Fall 2008) |
The views represented in this article are those of the author. The terms American Indian, Native American, and Indian will be used interchangeably. The Minnesota Indian Women's Resource Center (MIWRC), in partnership with several culturally based non-profit service providers in the state, recently began investigating anecdotal reports of... |
2008 |
| Christine Zuni Cruz |
Shadow War Scholarship, Indigenous Legal Tradition, and Modern Law in Indian Country |
47 Washburn Law Journal 631 (Spring 2008) |
this idea of the shadow war--a war of words and thinking --to protect mental sovereignty works in conjunction with promoting understanding and dispelling orcountering disinformation in respect to the indigenous legal tradition and tribal law This essay comments on the multi-layered experience of establishing an electronic law journal for the... |
2008 |
| Terry L. Anderson , Dominic P. Parker , Property and Environment Research Center, University of California, Santa Barbara |
Sovereignty, Credible Commitments, and Economic Prosperity on American Indian Reservations |
51 Journal of Law & Economics 641 (November, 2008) |
American Indian reservations are islands of poverty in a sea of wealth. Because this poverty cannot be explained solely by natural resource, physical, and human capital constraints, institutions are likely to be part of the explanation. One of the institutional variables is the sovereign power of tribes, which allows tribal governments to act... |
2008 |
| Sean Hill |
Sunshine in Indian Country: a Pro-foia View of Klamath Water Users |
32 American Indian Law Review 463 (2007-2008) |
In U.S. Department of the Interior v. Klamath Water Users Protective Ass'n, the U.S. Supreme Court examined the application of the Federal Freedom of Information Act (FOIA) and its exemption for interagency and intra-agency communications to documents passing between Indian tribes and the Department of the Interior. The Court determined, for... |
2008 |