AuthorTitleCitationSummaryYear
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
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
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