| Author | Title | Citation | Summary | Year |
| 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 |
| Julie Ann Fishel |
The Western Shoshone Struggle: Opening Doors for Indigenous Rights |
2 Intercultural Human Rights Law Review 41 (2007) |
The struggle of the Western Shoshone Nation is the struggle of all Indigenous Peoples. It is not just about abuse of power and economics - it is about the stripping away of our spirit. It is about being forced to live in two worlds - the real world and a world of made up laws and legal constructs which attempt to render us invisible. Laws which... |
2007 |
| Dwight G. Newman |
Theorizing Collective Indigenous Rights |
31 American Indian Law Review 273 (2006-2007) |
This article seeks to apply, in at least a preliminary way, my larger project on theorizing collective rights to the ongoing controversy around the recognition of indigenous rights as collective rights. This controversy is evident in a number of states' ongoing, articulated concerns about the concept of collective rights. These concerns often stem... |
2007 |
| Nicole J. Thomas |
They Told Me He Said He Would Kill Me. Why Hearsay Should Get Full Weight in Asylum Proceedings |
37 California Western International Law Journal 299 (Spring 2007) |
[M]y family has always told me that they are looking for me. I'm being sought out and they killed my father and later they killed my uncle, then the same thing will happen to me. How does a refugee prove that a guerilla came to his home and made verbal threats on his life? Through hearsay testimony. Quoted above, Leticia Cordon-Garcia testified... |
2007 |
| Katherine E. Germino |
This Land Is Your Land, this Land Is My Land: Cayuga Indian Nation of New York V. Pataki |
52 Villanova Law Review 607 (2007) |
Adorned in headdresses and bonnets, each year elementary schoolchildren throughout the United States reenact the story of the First Thanksgiving. Woven into this tale of teepees, turkey and thankfulness are stories of cultural exchange and respect between the Pilgrims and Indians. Often missing in this depiction of camaraderie are the years of... |
2007 |
| Judith Kimerling |
Transnational Operations, Bi-national Injustice: Chevrontexaco and Indigenous Huaorani and Kichwa in the Amazon Rainforest in Ecuador |
31 American Indian Law Review 445 (2006-2007) |
In 1967, a consortium of foreign companies (wholly owned subsidiaries of Texaco and Gulf Oil, both now part of Chevron Corporation), struck oil in the Amazon Rainforest in Ecuador. The discovery was heralded as the salvation of Ecuador's economy, the product that would pull the nation out of chronic poverty and underdevelopment at last. At the... |
2007 |
| Gavin Clarkson |
TRIBAL BONDS: STATUTORY SHACKLES AND REGULATORY RESTRAINTS ON TRIBAL ECONOMIC DEVELOPMENT |
85 North Carolina Law Review 1009 (May, 2007) |
Upwards of $50 billion in capital needs go unmet each year in Indian Country in such vital sectors as infrastructure, community facilities, housing, and enterprise development, in part due to the restrictions imposed on tribal access to the capital markets, specifically the ability of tribal governments to issue tax-exempt debt. Section 7871 of the... |
2007 |
| Clay Smith , Idaho Attorney General's Office, Natural Resources Division |
TRIBAL SOVEREIGN IMMUNITY: A PRIMER |
50-MAY Advocate 19 (May, 2007) |
This article discusses the development of the principle--known as tribal sovereign immunity--that Indian tribes are immune from suit unless they have consented or Congress has abrogated the immunity. Tribal sovereign immunity is a judge-made, or federal common law, doctrine finding its roots in a 1919 Supreme Court decision. Since then, the Supreme... |
2007 |
| James W. Smith III |
Unilateral Humanitarian Intervention and the Just Cause Requirement: Should the Denial of Self-determination to Indigenous People Be a Valid Basis for Humanitarian Intervention? Yes |
31 American Indian Law Review 699 (2006-2007) |
The focus of this symposium was an examination of how international law has evolved to promote the rights of indigenous people with regard to self-determination, non-discrimination, cultural integrity, lands and natural resources, social welfare and development, and self-governance. As Professor S. James Anaya writes in his book, Indigenous Peoples... |
2007 |
| Julie Ann Fishel |
United States Called to Task on Indigenous Rights: the Western Shoshone Struggle and Success at the International Level |
31 American Indian Law Review 619 (2006-2007) |
This government needs to be accountable for the actions it takes. Both here and abroad - for the love of money they go out and do what they want. This country has gone around the world trying to manipulate and persuade governments and attack Indigenous Peoples and their lands and resources in its own money driven craze. We need to deeply analyze... |
2007 |
| |
United States Joins Australia and New Zealand in Criticizing Proposed Declaration on Indigenous Peoples' Rights |
101 American Journal of International Law 211 (January, 2007) |
In June 2006, the first session of the new UN Human Rights Council approved and recommended to the General Assembly a declaration on the rights of indigenous peoples. The vote in the 47-member Council was 30 for, 2 against (Canada, Russian Federation), 11 abstentions, and 4 states not participating. (The United States is not a member of the Human... |
2007 |
| |
United States Votes Against Adoption of Un Declaration on Indigenous Peoples |
101 American Journal of International Law 884 (October, 2007) |
In September, the United States (joined by Australia, Canada, and New Zealand, which also have large populations of indigenous peoples), voted against the UN General Assembly's adoption of the Declaration on the Rights of Indigenous Peoples. The declaration is a nonbinding instrument that has been under discussion in varying UN forums since 1985.... |
2007 |
| Robert T. Coulter |
Using International Human Rights Mechanisms to Promote and Protect Rights of Indian Nations and Tribes in the United States: an Overview |
31 American Indian Law Review 573 (2006-2007) |
International law and international legal procedures offer a number of opportunities for creative advocacy for Indian rights, particularly for advocacy that aims to change existing legal doctrines that are perceived as unfair. In recent years, we have been reminded how much of the framework for the legal rights of Indian nations and tribes is... |
2007 |
| Robert T. Coulter |
USING INTERNATIONAL HUMAN RIGHTS MECHANISMS TO PROMOTE AND PROTECT RIGHTS OF INDIAN NATIONS AND TRIBES IN THE UNITED STATES: AN OVERVIEW |
31 American Indian Law Review 573 (2006-2007) |
International law and international legal procedures offer a number of opportunities for creative advocacy for Indian rights, particularly for advocacy that aims to change existing legal doctrines that are perceived as unfair. In recent years, we have been reminded how much of the framework for the legal rights of Indian nations and tribes is... |
2007 |
| V. Sridhar , Vijay Prashad |
Wal-mart with Indian Characteristics |
39 Connecticut Law Review 1785 (May, 2007) |
This Article analyses the likely impact, in the context of the recent boom in organized retailing in India, of what is referred to as the process of Wal-Martization. It situates Indian retailing in the backdrop of the widening economic divide in Indian society. The growing inequalities in income and consumption are reflected in the manner in which... |
2007 |
| Marcella David |
What Now, Kemo Sabe? |
55 Buffalo Law Review 307 (May, 2007) |
The White Man's Burden: Why the West's Efforts to Aid the Rest Have Done So Much Ill and So Little Good. By William Easterly. The Penguin Press, 2006. Pp. 1, 435. $27.95. New York University economics professor William Easterly is on a mission. His mission is framed as a reaction to Rudyard Kipling's poem, White Man's Burden, in which Kipling... |
2007 |
| Frederick E. Hoxie |
What Was Taney Thinking? American Indian Citizenship in the Era of Dred Scott |
82 Chicago-Kent Law Review 329 (2007) |
In addition to being an object of derision, Chief Justice Taney's opinion in Dred Scott opens a window onto the way that lawyers and politicians thought about constitutional issues in the antebellum era. That period--particularly the decade of the 1850s when leaders struggled to understand and control a dissolving American nation state--is in many... |
2007 |
| Tania Mazumdar |
Where the Traditional and Modern Collide: Indian Corporate Governance Law |
16 Tulane Journal of International and Comparative Law 243 (Winter 2007) |
I. Introduction. 243 II. History of Indian Corporate Law. 245 A. Family-Run Businesses: Disadvantages and Advantages. 247 B. Corporate Governance Laws Post-1991. 249 III. The Clash Between Adopting Western Ideas and Resolving Cultural Differences. 254 A. Sarbanes-Oxley's Lessons for India?. 256 B. The Korean Example. 261 IV. Stock Exchanges and... |
2007 |
| Keneisha M. Green |
Who's Who: Exploring the Discrepancy Between the Methods of Defining African Americans and Native Americans |
31 American Indian Law Review 93 (2006-2007) |
[T]he power of a drop of Negro Blood is to contaminate. In contrast, the power of a drop of Indian Blood - if no more than a drop - is to enhance, ennoble, naturalize, and legitimate. Our society is one of classifications and separations. When it comes to people, the dominant culture has struggled to make sure everyone fits into a specific... |
2007 |
| Brian McClatchey , Paul Porter |
Winner, Best Appellate Brief in the 2005 Native American Law Student Association Moot Court Competition |
31 American Indian Law Review 209 (2006-2007) |
1) Does the State of California have the authority to apply the California Political Reform Act of 1974 to petitioner Pinon Tribe and the tribal chairperson? 2) Does tribal sovereign immunity bar California from enforcing the California Political Reform Act against the Pinon Tribe and the tribal chairperson? 3) Is the March 2001 amendment to the... |
2007 |
| Sean P. Krispinsky , Sarah J. Bannister |
Winner, Best Appellate Brief in the 2006 Native American Law Student Association Moot Court Competition |
31 American Indian Law Review 225 (2006-2007) |
1) Whether Integer's water rights adjudication statute satisfies the McCarran Amendment, 43 U.S.C. § 666? 2) Whether the Integer Supreme Court correctly determined the purpose of the Fish River Indian Reservation? 3) Whether reacquired tribal land holds a date-of-reservation priority date? The opinion of the Integer Supreme Court is unreported. The... |
2007 |
| Barbara Cosens |
2005 Indian Water Rights Settlement Conference Keynote Address |
9 University of Denver Water Law Review 285 (Spring, 2006) |
In September 2005, Native American Rights Fund and Western States Water Council brought the Indian Water Rights Settlement Conference to Moscow, Idaho. Native American Rights Fund is the oldest and largest nonprofit dedicated to asserting and defending Native American interests nationwide, and the Western States Water Council is composed of... |
2006 |
| Kenneth B. Franklin |
A Brave Attempt: Can the National Collegiate Athletic Association Sanction Colleges and Universities with Native American Mascots? |
13 Journal of Intellectual Property Law 435 (Spring, 2006) |
The National Collegiate Athletic Association (NCAA) connotes many things to many people. In a technical sense, the NCAA is an unincorporated association of around 1,250 colleges and universities founded to promote intercollegiate athletics. To zealous football fans, though, the NCAA might evoke images of a favorite college team playing for a... |
2006 |