AuthorTitleCitationSummaryYear
Honorable Paul Okalik Nunavut: the Road to Indigenous Sovereignty 2 Intercultural Human Rights Law Review 11 (2007) Let me begin by thanking Siegfried Wiessner. As chair of the Tribal Sovereignty Symposium, he has made it possible for me to be here this afternoon to discuss the experience of the Inuit of Nunavut in re-establishing sovereignty over our traditional lands. As the theme of this panel suggests, there are different models for aboriginal people to... 2007
Kelly Mauceri Of Fakes and Frauds: an Analysis of Native American Intangible Cultural Property Protection 5 Georgetown Journal of Law and Public Policy 263 (Winter, 2007) L1-2Introduction . L3264 I. The Indian Arts and Crafts Act. 267 A. Statutory History. 267 B. Purposes of the IACA. 268 1. Addressing the Authenticity Problem. 268 2. Protecting the Source Community. 269 II. The Case For Applying the IACA To Cover Intangible Cultural Property. 270 A. The Purposes of the IACA in the Context of Intangible Property.... 2007
Anshu S. K. Pasricha On Financial Sector Reform in Emerging Markets: Enhancing Creditors' Rights and Securitizing Non-performing Loans in the Indian Banking Sector--an Elephant's Tale 55 Buffalo Law Review 325 (May, 2007) For a greater part of 1980s and 1990s, policymakers around the globe strived for financial liberalization in emerging economies. Financial globalization brought in new participants, and along with these new participants, a growing capital mobility. Simultaneously, regulators around the globe continued their efforts to ensure the health and... 2007
Dr. Rainer Grote On the Fringes of Europe: Europe's Largely Forgotten Indigenous Peoples 31 American Indian Law Review 425 (2006-2007) The concept of indigenous peoples or indigenous minorities is rarely used with regard to the original inhabitants of certain territories in Europe which, at a later stage in history, were invaded, either belligerently or peacefully, by groups of different ethnic origin whose descendants today form the politically, economically and culturally... 2007
Jennifer R. Sunderlin One Nation, Indivisible: American "Indian Country" in the Wake of City of Sherrill V. Oneida Indian Nation 70 Albany Law Review 1563 (2007) In an age where patriotism and national unity are stressed in this proud melting pot, it can be difficult to remember that the United States was once entirely subject to the dominion of native tribes. Since the time when manifest destiny pushed European Americans westward, the land controlled by American Indians has diminished to a mere sliver of... 2007
Michael E. Wheeler One White Buffalo, Why Not Three?: Native American Gaming in the Lone Star State 26 Mississippi College Law Review 147 (2006-2007) Among some Native American tribes, the rare birth of a white buffalo is the spiritual harbinger of prosperous times. A broader spectrum has come to use the term as a metaphor for gaming operations undertaken by Indian tribes. Most tribal ventures into gaming are not as impressive as that of Foxwoods, a tribal casino operated by the Mashantucket... 2007
James Cekola Outsourcing Drug Investigations to India: a Comment on U.s., Indian, and International Regulation of Clinical Trials in Cross-border Pharmaceutical Research 28 Northwestern Journal of International Law and Business 125 (Fall 2007) The traditional research and development model of large pharmaceutical companies is arguably unsustainable in current times. For example, estimated research and development costs increased as much as twelve percent over the last year while pharmaceutical sales grew only seven percent over the same period. Current estimates put the price to develop... 2007
Jill Koren Kelley, Esq. Owning the Sun: Can Native Culture Be Protected Through Current Intellectual Property Law? 7 Journal of High Technology Law 180 (2007) Intellectual property laws in the United States encourage great inventors, artists and performers to share their inventions, crafts and artistic expressions with humankind. These laws illustrate the value associated with safeguarding original creations within a protective legal framework. Typically, a specified artist or inventor must be aware of... 2007
Erik J.G. Evans Prairie Band Potawatomi Nation V. Wagnon: a Lost Opportunity to Recognize Dormancy in the Indian Commerce Clause 11 Great Plains Natural Resources Journal 137 (Fall/Spring, 2006-07) The Indian Commerce Clause has been used as a vehicle by the Supreme Court to affirmatively recognize congressional pre-eminence and near omnipotent power in the everyday governance and maintenance of Indian tribes and lives of tribal members. In recent cases, such as United States v. Lopez, the Supreme Court has shown an increased willingness to... 2007
Leonardo J. Alvarado Prospects and Challenges in the Implementation of Indigenous Peoples' Human Rights in International Law: Lessons from the Case of Awas Tingni V. Nicaragua 24 Arizona Journal of International & Comparative Law 609 (Fall, 2007) The Inter-American Court of Human Rights' 2001 decision in the case of the Mayagna (Sumo) Community of Awas Tingni v. Nicaragua is the first judgment by an international tribunal to recognize the communal property rights of indigenous peoples and to also mandate a state to protect those rights. The Awas Tingni case has represented an important... 2007
Jacqueline Phelan Hand Protecting the World's Largest Body of Fresh Water: the Often Overlooked Role of Indian Tribes' Co-management of the Great Lakes 47 Natural Resources Journal 815 (Fall, 2007) It has been said that water will be the oil of the twenty-first century in that struggles to acquire or retain water will be the primary factor in diplomacy and military aggression and in economic growth and decline. The struggle to acquire or retain water will be important in both the national and international arenas. The recent development of... 2007
Sarah L. Goss Pulling the "Plenary Authority" Card: the United States' "Get out of Jail Free Card" in Membership Disagreements with Indian Tribes 43 Tulsa Law Review 119 (Fall 2007) A tribe's right to define its own membership for tribal purposes has long been recognized as central to its existence as an independent political community. From young children to adults, everyone has heard the stories of the friendly Thanksgiving dinner between the Pilgrims and the Indians and of the Trail of Tears. It is quite simple to think of... 2007
Elizabeth M. Koehler, Ph.D. Repatriation of Cultural Objects to Indigenous Peoples: a Comparative Analysis of U.s. and Canadian Law 41 International Lawyer 103 (Spring, 2007) When the land that is now the United States and Canada was settled by Europeans, its former inhabitants were displaced, often leaving behind skeletal remains and evidence of their art and culture. Such artifacts have become part of our collective history and have allowed scientists and historians to discover much about human migration patterns, the... 2007
Rebecca Rexroad Reshaping the Sentencing Circle: Striking a Balance Between Restoration of Harmony and Punishment of Offenders in Indigenous Domestic Violence Cases 13 Southwestern Journal of Law and Trade in the Americas 403 (2007) I. Introduction. 404 II. The Status of Indigenous Women Prior to European Contact and the Post-Contact Advent of Indigenous Domestic Violence. 407 III. Development, Design and Use of Sentencing Circles in Indigenous Domestic Violence Cases. 408 A. Sentencing Circles: The Road to Restorative Justice. 408 B. Sentencing Circles: Structure,... 2007
Rohit Chopra Rethinking Globalism and Indian Identity: Cultural Colonialism in the Global Economy? 14 U.C. Davis Journal of International Law and Policy 95 (Fall 2007) I. Introduction. 95 A. Theoretical Framework: Cultural and Economic Fields and Capital in the Global Economy. 97 II. Culture, Economy, and Indian Identity in Thomas Friedman's The Lexus and the Olive Tree. 99 III. Indian Cultural Identity and the Discourse of Globalism. 105 IV. Concluding Notes: Cultural Colonialism in the Global Economy?. 109 2007
Saad Gul Return of the Native? An Assessment of the Citizenship Renunciation Clause in Hamdi's Settlement Agreement in the Light of Citizenship Jurisprudence 27 Northern Illinois University Law Review 131 (Spring 2007) I. Introduction 132 II. Background: Citizenship or the Right to Have Rights 134 III. Loss of Citizenship Jurisprudence: More Primitive Than Torture' 136 IV. Naturalized or Native: Second Class or The Bitter Bread of Banishment 141 A. Perpetual Fear: Naturalized Citizens 141 B. The Exile: The Possibility of Statelessness and Expatriation... 2007
Jessica Metoui Returning to the Circle: the Reemergence of Traditional Dispute Resolution in Native American Communities 2007 Journal of Dispute Resolution 517 (2007) Consistent with this holistic, inclusive perception of the universe, many Native American communities view crime as a problem which cannot be resolved on a purely individual level. Although the mainstream American justice system functions, in some part, with the understanding that crime has an effect on the entire community in which it occurs, the... 2007
Daniel McCool Rivers of the Homeland: River Restoration on Indian Reservations 16 Cornell Journal of Law & Public Policy 539 (Summer 2007) There has been a 500-year struggle in the United States between American Indians and the intruding settlers from other lands. While this conflict has primarily centered on land, the conflict over water is equally important because without water land is valueless. Much of the struggle over Indian water has taken place in the courtroom. Historically,... 2007
Elena Cirkovic Self-determination and Indigenous Peoples in International Law 31 American Indian Law Review 375 (2006-2007) In an era of pragmatism, dominated by institutions in international law, scholars have so far failed to move away from longstanding elitist attitudes and practices regarding the politics of power inherent in international relations and in international law. To no surprise, questions of universality and particularity keep recurring with little hope... 2007
Carrie Dann Standing with Dignity: Protecting Indigenous Rights and Traditional Ways in the United States 2 Intercultural Human Rights Law Review 31 (2007) Before I get into the essence of what I am going to talk about, I am going to say a few words in my own language, my own spiritual guide. [Praying in her own language] All right, back into the history, just a little bit. For us, as indigenous peoples, first there was the coming of the pilgrims, or non-Indians. They were looking for freedom, for a... 2007
C. Joseph Lennihan State Taxation in Indian Country: When Is a Tribal Corporation 'Indian'? 17-JUL Journal of Multistate Taxation and Incentives 18 (July, 2007) Thus far, courts and administrative agencies have had difficulty marrying old-world federal Indian law concepts to modern commercial practices. The reach of state taxing power in Indian country presents both legal and policy challenges for tribes, states, and taxpayers. The scope of state taxing power in Indian country is not precisely defined.... 2007
Robert L. Lucero, Jr. State V. Romero: the Legacy of Pueblo Land Grants and the Contours of Jurisdiction in Indian Country 37 New Mexico Law Review 671 (Summer, 2007) The New Mexico Pueblos have always been unique among the native peoples of the Americas, particularly in the way that they relate to other sovereigns. Currently, three sovereigns, the United States, New Mexico, and the Pueblo governments, hold jurisdiction to varying extents and over various matters in Pueblo Indian country within the boundaries of... 2007
Patrick G. Blythe, University of Connecticut Stephen Dando-collins. Standing Bear Is a Person: the True Story of a Native American's Quest for Justice. Cambridge, Massachusetts: Da Capo Press, 2004. X, 259 Pp. $26.00 (Cloth); $18.00 (Paper) 49 American Journal of Legal History 462 (October, 2007) Standing Bear is a Person, by Australian author Stephen Dando-Collins, tells the story of a small Native American community's quest for justice in the late-nineteenth century American West. In a fast-paced and well-written narrative, Dando-Collins follows the Ponca Indian community's removal from its reservation in northeast Nebraska in 1877, the... 2007
Emanuela Arezzo Struggling Around the "Natural" Divide: the Protection of Tangible and Intangible Indigenous Property 25 Cardozo Arts and Entertainment Law Journal 367 (2007) Introduction. 368 I. Traditional Knowledge and Biodiversity: A Conceptual Framework. 369 A. Traditional Knowledge and Its Economic Value in Market Economies. 370 B. The Stringent Bond Between Traditional Knowledge and Biodiversity. 372 C. The Need for a Joint Solution. 374 II. The Normative International Framework for the Protection of Biodiversity... 2007
Timothy C. Seward Survival of Indian Tribes Through Repatriation of Homelands 21-WTR Natural Resources & Environment 32 (Winter, 2007) The survival of Indian tribes, like other nations, depends in part upon the retention of a viable land base. For most Indian tribes, culture is inextricably intertwined with the tribe's aboriginal homeland. The usurpation of Indian lands pushed many tribes to the brink of extinction. The very survival of nationhood and culture is, therefore, the... 2007
Mark J. Cowan Tax Issues in Indian Country: a Guide for Practitioners 106 Journal of Taxation 296 (May, 2007) Layers of complexity are involved with the federal and state tax laws governing Indian tribes and tribal members and the federal, state, and tribal tax issues affecting non-Indian businesses operating on Indian reservations. Recently extended federal tax incentives to do business in Indian country and a new excise tax on tax shelter participation... 2007
Kathryn Fort The (In)equities of Federal Indian Law 54-APR Federal Lawyer 32 (March/April, 2007) In 2005, the Supreme Court used the equitable defenses of laches, acquiescence, and impossibility to dismiss the Oneida Indian Nation's request to remove its land from city tax roles. Later cases have extended the use of these defenses into other New York land claims. Only with an understanding of the historical origins of equity and these three... 2007
Amina McKoy The Battle of Wills: the Impact of the Indian Child Welfare Act on Parents Who Make Testamentary Appointments of Guardianship for Their Indian Children 28 Journal of Juvenile Law 148 (2007) John and Mary are husband and wife. John is Indian while Mary is Caucasian. John and Mary give birth to Baby McKee. Sadly, John and Mary die simultaneously in a tragic accident. Fortunately, John and Mary were cautious people and had prepared a will. In their will, they designated the baby's maternal grandparents as guardians should they no longer... 2007
Jennie D. Woltz The Economics of Cultural Misrepresentation: How Should the Indian Arts and Crafts Act of 1990 Be Marketed? 17 Fordham Intellectual Property, Media and Entertainment Law Journal 443 (Winter 2007) Introduction. 445 I. History of the Indian Arts and Crafts Act of 1990. 449 A. In Need of Economic Aid: The Indian Arts and Crafts Act of 1935. 449 B. Determining Indianness and the Indian Gap. 450 II. The Counterfeit Indian Goods Problem. 454 A. Hungry for a Piece of Indian Culture. 454 B. Legislative Reactions to the Counterfeit Indian Goods... 2007
Samantha M. Ruscavage-Barz The Efficacy of State Law in Protecting Native American Sacred Places: a Case Study of the Paseo Del Norte Extension 47 Natural Resources Journal 969 (Fall, 2007) This article explores the legal and political history of the Paseo Del Norte extension through Petroglyph National Monument in Albuquerque, New Mexico. The underlying theme is protection of Native American sacred sites on public land and how the law can help or hinder protection. Native Americans have a long history of occupation in what is now the... 2007
Patricia S. Mariella, Roger K. Ferland The Gila River Indian Community's Tribal Air Quality Implementation Plan 21-WTR Natural Resources & Environment 24 (Winter, 2007) The 1990 amendments to the Clean Air Act (CAA) included specific authority for tribal governments to implement the statute through their own air quality implementation plansas states have been authorized to do since 1970. In 1998, the Environmental Protection Agency (EPA) promulgated regulations describing the procedures and requirements for... 2007
Lillian Aponte Miranda The Hybrid State-corporate Enterprise and Violations of Indigenous Land Rights: Theorizing Corporate Responsibility and Accountability under International Law 11 Lewis & Clark Law Review 135 (Spring 2007) Despite the significant achievements of the contemporary indigenous rights movement, the protection of indigenous peoples' land rights continues to pose a challenge at the operational level. This challenge is due, in part, to the corporate interests that impact indigenous land rights yet bear little accountability to the indigenous peoples... 2007
Ann Murray Haag The Indian Boarding School Era and its Continuing Impact on Tribal Families and the Provision of Government Services 43 Tulsa Law Review 149 (Fall 2007) In those days the Indian schools were like jails and run along military lines, with roll calls four times a day. We had to stand at attention, or march in step. The B.I.A. thought that the best way to teach us was to stop us from being Indians. ... The Government teachers were all third-grade teachers. They taught up to this grade and that was the... 2007
Hari M. Osofsky The Inuit Petition as a Bridge? Beyond Dialectics of Climate Change and Indigenous Peoples' Rights 31 American Indian Law Review 675 (2006-2007) The rapid pace of climate change in the Arctic poses serious challenges for the Inuit peoples living there. A petition filed with the Inter-American Commission on Human Rights in December 2005, on behalf of Inuit in the United States and Canada, claims that U.S. climate change policy violates their rights. Upon filing the petition, Sheila... 2007
Noah Bialostozky The Misuse of Terrorism Prosecution in Chile: the Need for Discrete Consideration of Minority and Indigenous Group Treatment in Rule of Law Analyses 6 Northwestern Journal of International Human Rights 81 (Fall, 2007) Chile's misuse of the label of terrorism should not shield the government from accountability for human rights violations against the indigenous Mapuche. Despite significant progress in its transition to democracy, the prosecution of Mapuche under the Prevention of Terrorism Act (Terrorism Act), for acts not internationally considered to be... 2007
Howard L. Highland The Mote in the Common Law's Eye: Dislodging Europocentric Barriers to Just Recognition of Native Title in the Wake of Yorta Yorta 13 Washington and Lee Journal of Civil Rights and Social Justice 349 (Spring, 2007) After the British Empire established sovereignty over Australia in the nineteenth century, the Crown distributed land to settlers and private interests without any consideration of the rights and interests in the land belonging to the indigenous inhabitants. Thus the doctrine of terra nullius (no one's land) became the legal grounds by which... 2007
Timothy J. Droske The New Battleground for Public Law 280 Jurisdiction: Sex Offender Registration in Indian Country 101 Northwestern University Law Review 897 (Special Issue 2007) Introduction. 898 I. Background on the Intersection of Federal, State, and Tribal Criminal Jurisdiction. 900 A. Relationship Between the Federal Government and Indian Tribes for Criminal Jurisdiction. 900 B. Relationship Between State Governments and Indian Tribes for Criminal Jurisdiction: Public Law 280. 901 C. 906 II. Overview of the... 2007
Robert G. Natelson The Original Understanding of the Indian Commerce Clause 85 Denver University Law Review 201 (2007) The United States Congress claims plenary and exclusive power over federal affairs with the Indian tribes, based primarily on the Constitution's Indian Commerce Clause. This article is the first comprehensive analysis of the original meaning of, and understanding behind, that constitutional provision. The author concludes that, as originally... 2007
Lindsey Singeo The Patentability of the Native Hawaiian Genome 33 American Journal of Law & Medicine 119 (2007) In 2003, the University of Hawaii proposed patenting the Native Hawaiian genome with the purpose of generating both economic- and health-related benefits for the Native Hawaiian people. This proposal, however, was strongly opposed by the Native Hawaiian community, which viewed it as an unwelcome imposition of Western property concepts upon their... 2007
Angelique A. EagleWoman , (Wambdi Awanwicake Wastewin) THE PHILOSOPHY OF COLONIZATION UNDERLYING TAXATION IMPOSED UPON TRIBAL NATIONS WITHIN THE UNITED STATES 43 Tulsa Law Review 43 (Fall 2007) This article will review the philosophical foundations of colonialism in regard to the imposition of United States taxing authority within Indian Country. First, the legal status of Tribal Nations as sovereigns within mid-North America will be set out in conjunction with the sovereign authority to impose taxation. Second, the history of taxation... 2007
Kevin Noble Maillard The Pocahontas Exception: the Exemption of American Indian Ancestry from Racial Purity Law 12 Michigan Journal of Race and Law 351 (Spring 2007) The Pocahontas Exception confronts the legal existence and cultural fascination with the eponymous Indian Grandmother. Laws existed in many states that prohibited marriage between Whites and non-Whites to prevent the quagmire of mongrelization. Yet, this racial protectionism, as ingrained in law, blatantly exempted Indian blood from the... 2007
Lindsay Goodner The Potential Passage of Proposed Senate Bill 147 and its Implication on Native Hawaiians and Gaming 31 American Indian Law Review 111 (2006-2007) Native Hawaiians comprise one of the few indigenous groups in the United States who are not deemed to be a sovereign, self-governing entity. Currently, Congress strangely does not uniformly recognize Hawaiians as Native Americans who have a right to self-determination. As a result, many Hawaiians today advocate sovereignty from the United... 2007
David J. Barron THE PROMISE OF TRIBE'S CITY: SELF-GOVERNMENT, THE CONSTITUTION, AND A NEW URBAN AGE 42 Tulsa Law Review 811 (Summer 2007) Once dying cities are now competing to be engines of global finance. Formerly desolate downtowns are now booming with luxury condo developments and high-end eateries. And many central cities that lost population each decade after World War II have grown steadily since 1990. As these comeback cities attract more businesses and people, they become... 2007
Maia Sophia Campbell The Right of Indigenous Peoples to Political Participation and the Case of Yatama V. Nicaragua 24 Arizona Journal of International & Comparative Law 499 (Spring, 2007) [T]he right of self-determination may be satisfied where a people enjoys an effective voice, through its own representatives, in the governing of a democratic State, and suffers no disadvantage or discrimination. Violence and protests erupted on the streets of Puerto Cabezas after Nicaragua denied a major indigenous political party, YATAMA,... 2007
Derrick Braaten The Right to Be Heard in City of Sherrill V. Oneida Indian Nation: Equity and the Sound of Silence 25 Law & Inequality: A Journal of Theory and Practice 227 (Winter 2007) From the beginning of your troubles, in the late Revolution, to the time you publicly declared yourselves a free and independent people, I, my Nation, were a constant spectator--not only a constant spectator--but our minds united with yours in that final declaration; as all hopes of a reconciliation were then passed. The frequent & repeated... 2007
Paul Kuruk The Role of Customary Law under Sui Generis Frameworks of Intellectual Property Rights in Traditional and Indigenous Knowledge 17 Indiana International & Comparative Law Review 67 (2007) Bowing to pressure from developing countries, indigenous groups, and civil society, a number of international organizations have embarked in recent years on measures to enhance the protection of indigenous and traditional knowledge. The United Nations Educational, Scientific and Cultural Organization (UNESCO), for example, responded in 2003 to a... 2007
Desiree Moreno Gutierrez The Struggle Between Peru's Energy Needs, Indigenous Rights, and Ecosystems 7 Sustainable Development Law & Policy 40 (Spring, 2007) Not far from the ancient streets of Cusco, the once mighty center of the Incan Empire, lays one of the most important natural gas discoveries in Latin America. An estimated 8.7 trillion cubic feet of natural gas and 411 million barrels of associated products (such as propane, butane, and condensate) make the Camisea field an important source of... 2007
Daniel Albanil Adlong The Terminator Terminates Terminators: Governor Schwarzenegger's Signature, Sb 678, and How California Attempts to Abolish the Existing Indian Family Exception and Why Other States Should Follow 7 Appalachian Journal of Law 109 (Winter 2007) I can remember (the welfare worker) coming and taking some of my cousins and friends. I didn't know why and I didn't question it. It was just done and it had always been done. This episode was one of many that Congress said was [t]he wholesale separation of Indian children from their families and described it as perhaps the most tragic and... 2007
Lillian Aponte Miranda The U'wa and Occidental Petroleum: Searching for Corporate Accountability in Violations of Indigenous Land Rights 31 American Indian Law Review 651 (2006-2007) Corporate actors significantly impact indigenous peoples' domestically and internationally recognized land rights. For half a century, the pursuit of oil by Royal Dutch/Shell in the Niger Delta has produced a cycle of violence with lasting effects on the Ogoni peoples' occupancy, use, and control of their traditional lands and resources, and... 2007
Joyce Tekahnawiiaks King The Value of Water and the Meaning of Water Law for the Native Americans Known as the Haudenosaunee 16 Cornell Journal of Law & Public Policy 449 (Summer 2007) INTRODUCTION. 450 The Original Law of the Land . 450 I. HAUDENOSAUNEE WELTANSCHAUUNG. 453 A. Haudenosaunee Cosmology: The Original Instructions. 454 B. The Kaianerekowa: The Great Law of Peace. 454 C. The Kaswentha: The Two Row Wampum and Other Treaties. 459 D. The Haudenosaunee Concept of Land. 465 II. HAUDENOSAUNEE POSITION PAPER ON THE GREAT... 2007
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