AuthorTitleCitationSummaryYear
Richard B. Collins A Brief History of the U.s.-american Indian Nations Relationship 33-SPG Human Rights Rts. 3 (Spring, 2006) The European nations that colonized the Americas sought to achieve empire as well as acquire mineral wealth and land for their settlers. Each nation aimed to wrest land from the Indian nations, fend off European competitors, and in time control its own settlers. Indian land was obtained by the British government for its American colonies under the... 2006
Paul Spruhan A Legal History of Blood Quantum in Federal Indian Law to 1935 51 South Dakota Law Review Rev. 1 (2006) The concept of blood quantum confronts anyone interested in American Indian identity in the United States. Both for federal recognition as an Indian and for membership in a tribal nation, a person generally must possess a threshold amount of Indian or tribal blood, expressed as one-half, one-quarter, or some other fractional amount. In this... 2006
Kris Harrison A Redheaded Eskimo : Maryland's Fair Share Health Care Fund Act A.k.a. the Wal-mart Bill 111 Penn State Law Review 527 (Fall 2006) Elected officials often make decisions based on the wishes of their constituency. In many cases, however, satisfying the electorate leads to hasty legislation that accomplishes very little. Hot topics, such as health care and Wal-Mart's reputation as a destroyer of the American worker, have led many voters to call on their representatives to... 2006
Boone Cragun A Snowbowl Déjà Vu: the Battle Between Native American Tribes and the Arizona Snowbowl Continues 30 American Indian Law Review 165 (2005-2006) This article looks at the evolution of the Arizona Snowbowl Ski Resort and the conflict between the Snowbowl Ski Resort and the Native American tribes surrounding the resort, namely the Navajo and Hopi tribes. Part I discusses the location of the present day Snowbowl Ski Resort and the importance of that location to the Navajo and Hopi tribes. Part... 2006
Paul Porter A Tale of Conflicting Sovereignties: the Case Against Tribal Sovereign Immunity and Federal Preemption Doctrines Preventing States' Enforcement of Campaign Contribution Regulations on Indian Tribes 40 University of Michigan Journal of Law Reform 191 (Fall 2006) This Note will discuss whether Indian tribes can assert tribal sovereign immunity to avoid compliance with state campaign finance regulation and whether such regulations should be preempted by federal law. Tribal sovereign immunity is not an enshrined constitutional imperative; it exists only under federal common law, and can be limited by the... 2006
Meghana RaoRane Aiming Straight: the Use of Indigenous Customary Law to Protect Traditional Cultural Expressions 15 Pacific Rim Law & Policy Journal 827 (September, 2006) Globalization has led to the propagation of traditional cultural expressions of indigenous peoples outside their communities. Consequently, the question of how these expressions should be protected has acquired heightened significance. Commentators have proposed using existing intellectual property regimes and sui generis solutions. This... 2006
Roger J. Lucas Alliance to Save the Mattaponi V. Virginia, 621 S.e.2d 78 (Va. 2005) (Holding: (1) an Agency's Factual Findings Regarding Water Rights Adjudications Are Subject to the "Substantial Evidence" Standard of Review; and (2) Indian Rights Treaties Entered into 9 University of Denver Water Law Review 680 (Spring, 2006) This opinion is a consolidated appeal of three cases. The Virginia Supreme Court considered two sets of issues related to a Virginia Water Protection Permit (Permit) issued by the State Water Control Board (Board) to the City of Newport News (City) for the construction of the King William Reservoir. The first set of issues required the court... 2006
Danielle Audette American Indians and Reimportation: in the Wake of Tribal Sovereignty and Federal Pre-emption, It's Not Just about "Cheap Drugs." 15-WTR Kansas Journal of Law & Public Policy 317 (Winter 2006) The subject of tribal versus state sovereignty is a well-documented and hotly contested legal, political, and economic issue. One need not look very far to find a myriad of treatises, law review articles, and federal and Supreme Court cases addressing the scope of Native tribal sovereignty, the limits of state power over Indians, Indian tribes, and... 2006
Kevin K. Washburn American Indians, Crime, and the Law 104 Michigan Law Review 709 (February, 2006) Introduction. 710 I. The Modern Structure and Process of Indian Country Criminal Justice. 715 A. A Legal Description of the Indian Country Regime. 715 B. A Practical, Critical Description of the Process of an Indian Country Case. 718 II. Federal Prosecutors in Indian Country. 725 A. Community Values and the Foundation of Prosecutorial Discretion... 2006
Eric Reitman An Argument for the Partial Abrogation of Federally Recognized Indian Tribes' Sovereign Power over Membership 92 Virginia Law Review 793 (June, 2006) Introduction. 794 I. Nature and Extent of Tribal Citizenship Power. 801 A. Individual Disenrollment. 803 1. Penal Expatriation:Poodry v. Tonawanda Band of Seneca Indians. 803 2. Expatriation Outside the Penal Context:Quair v. Sisco. 808 3. Application of the ICRA inQuair. 811 4. Tribal Procedures inQuair: Mobocracy in Action. 813 B. Malicious... 2006
Eric Reitman AN ARGUMENT FOR THE PARTIAL ABROGATION OF FEDERALLY RECOGNIZED INDIAN TRIBES' SOVEREIGN POWER OVER MEMBERSHIP 92 Virginia Law Review 793 (June, 2006) Introduction. 794 I. Nature and Extent of Tribal Citizenship Power. 801 A. Individual Disenrollment. 803 1. Penal Expatriation:Poodry v. Tonawanda Band of Seneca Indians. 803 2. Expatriation Outside the Penal Context:Quair v. Sisco. 808 3. Application of the ICRA inQuair. 811 4. Tribal Procedures inQuair: Mobocracy in Action. 813 B. Malicious... 2006
Kevin Gover An Indian Trust for the Twenty-first Century 46 Natural Resources Journal 317 (Spring 2006) The statutory and policy bases of the federal trust responsibility for Indian lands arose at the end of the nineteenth century and the beginning of the twentieth century. Policy at that time was based on two related propositions: (1) Indians are incompetent and (2) Indian tribes were soon to be dismantled as political institutions separate from the... 2006
Jon M. Van Dyke , Melody K. MacKenzie An Introduction to the Rights of the Native Hawaiian People 10-JUL Hawaii Bar Journal 63 (July, 2006) Almost 240,000 people now living in Hawaii are descendants of the Polynesian people who had a complex thriving culture in the Hawaiian Islands until Westerners started arriving at the end of the eighteenth century. Native Hawaiians had a stable political order, a self-sustaining economy based on agriculture and fishing, and a rich spiritual and... 2006
Ann Richard Application of the National Labor Relations Act and the Fair Labor Standards Act to Indian Tribes: Thwarting the Economic Self-determination of Tribes 30 American Indian Law Review 203 (2005-2006) Indian tribes encounter economic difficulties as a matter of course. The unemployment rate for Indians is ten times above the national average. A majority of reservation Indians receive an income which ranks below the poverty line. In recent years, Indian tribes have taken the issue into their own hands by starting up businesses that provide jobs... 2006
Debra Harry , Le'a Malia Kanehe Asserting Tribal Sovereignty over Cultural Property: Moving Towards Protection of Genetic Material and Indigenous Knowledge 5 Seattle Journal for Social Justice 27 (Fall/Winter, 2006) Indigenous cultural property of all forms, tangible and intangible, oral and written, ancient and contemporary, is under constant threat from exploitation, theft, misrepresentation, misuse, and commodification. Current domestic law, including federal Indian law, does not sufficiently protect cultural property. Internationally, although the World... 2006
Joshua M. Piper Australia's "New Arrangements in Indigenous Affairs": a New Approach or a New Paternalism? 15 Pacific Rim Law & Policy Journal 265 (February, 2006) The Aboriginal and Torres Strait Islander Commission (ATSIC) opened its doors in 1990 with the main objectives of advising the Australian Commonwealth Government (Government) on Indigenous policy and providing services for Indigenous communities and individuals. Fifteen years later, with Indigenous living standards still well behind... 2006
Gabriel S. Galanda Bar None! 53-APR Federal Lawyer 30 (March/April, 2006) Indian rights will never be justly protected by any legal system or any civil society that continues to talk about Indians as if they are uncivilized, unsophisticated, and lawless savages. Robert A. Williams Jr., Like a Loaded Weapon What's federal Indian law got to do with it? Probably something in the many states that are Indian country. Indian... 2006
Margaret Graham Tebo Betting on Their Future 92-MAY ABA Journal 32 (May, 2006) Michael taylor doesn't dress the part of one of the most innovative and sought-after lawyers in Washington state. There's no natty power suit, no shiny wing tips, no calfskin briefcase. There's just a middleaged guy in khakis and an '80s-style knit tie worn under a lightweight ski jacket. Nor does Taylor's office look much like he's the head lawyer... 2006
Dennis S. Karjala Biotech Patents and Indigenous Peoples 7 Minnesota Journal of Law, Science & Technology 483 (May, 2006) I. Introduction. 484 II. Biopiracy and Patents. 486 A. The Basic Problem. 486 B. Physical Versus Informational Resources. 487 1. Depletion of Physical Resources. 490 2. Depletion of Informational Resources. 492 III. Patents on Genes and Gene Products. 499 A. Technical Issues Involved in Gene-Related Patents. 499 1. Naturally Occurring Substances.... 2006
Justin Neel Baucom Bringing down the House: as States Attempt to Curtail Indian Gaming, Have We Forgotten the Foundational Principles of Tribal Sovereignty 30 American Indian Law Review 423 (2005-2006) Indian casinos have been springing up all over the country as tribes are trying to cash in on what some Indians believe may be the best (and only) means to sustain tribal economic development and to make improvements in the lives of their people. Indian gaming is growing at about twice the rate of commercial casino gaming nationwide. The state of... 2006
Houston A. Stokes Broadening Executive Power in the Wake of Avena: an American Interpretation of Pacta Sunt Servanda 63 Washington and Lee Law Review 1219 (Summer, 2006) Noting the sparse constitutional text articulating foreign affairs control, many scholars believe the Framers preferred a system in which the Legislative and Executive branches struggle for control of foreign relations. Nevertheless, Supreme Court rulings during the post-Vietnam era have increasingly accepted the broadening of presidential foreign... 2006
Bryan Bertram Building Fortress India: Should a Federal Law Be Created to Address Privacy Concerns in the United States-indian Business Process Outsourcing Relationship? 29 Boston College International and Comparative Law Review 245 (Spring, 2006) In the past few years, there has been a substantial surge in the use of Indian vendors by U.S. businesses for the performance of business processes. These types of engagements, referred to as business process outsourcing, routinely involve the transfer of sensitive personal data between U.S. and Indian firms. Thus, these types of... 2006
George Pierre Castile, Whitman College Charles Wilkinson. Blood Struggle: the Rise of Modern Indian Nations. New York: W. W. Norton. 2005. Xvi, 541 Pp. $26.95 (Cloth); $15.95 (Paper) 48 American Journal of Legal History 220 (April, 2006) Charles Wilkinson sets out in this book to describe the Indian sovereignty movement, which he regards as a Native American social movement that arose as a reaction to the policy of termination--total assimilation--implemented by the U.S. government in the 1950s (p. 57). In the introduction, Wilkinson asserts that Indian leaders responded and... 2006
Alex Tallchief Skibine Chief Justice John Marshall and the Doctrine of Discovery: Friend or Foe to the Indians? 42 Tulsa Law Review 125 (Fall, 2006) Robert Miller, Native America, Discovered and Conquered: Thomas Jefferson, Lewis & Clark, and Manifest Destiny (Praeger 2006). In Native America, Discovered and Conquered, Professor Robert Miller makes a meaningful contribution to the list of scholarly articles and books that have been written about the doctrine of discovery and its role in... 2006
Curtis Berkey City of Sherrill V. Oneida Indian Nation 30 American Indian Law Review 373 (2005-2006) In City of Sherrill v. Oneida Indian Nation, the U.S. Supreme Court ruled 8-1 that the Oneida Indian Nation of New York could not assert immunity from real property taxes on parcels it had purchased on the open market within its original reservation. The Court concluded that the passage of 200 years between the loss of Oneida land and the Nation's... 2006
Andrea A. Curcio Civil Claims for Uncivilized Acts: Filing Suit Against the Government for American Indian Boarding School Abuses 4 Hastings Race and Poverty Law Journal 45 (Fall 2006) We were never going to be like the white man, no matter how hard we tried, but they forced us to try to be like the white man. . . . They stripped us of our language. They stripped us of our religious beliefs. They stripped us of our family life, our family values. They stripped us from our culture. Imagine a government that forced you to send... 2006
James M. Grijalva Compared When? Teaching Indian Law in the Standard Curriculum 82 North Dakota Law Review 697 (2006) Dear Prof. Grijalva, I seem to remember you saying in class one day that everyone who is going to practice law in North Dakota should take your Indian Law class because an Indian Law issue will come up. Well I did not take your advice, and an Indian Law issue has come up. I hope that you do not mind helping me out now. -Email message from a former... 2006
Ileana M. Porras Constructing International Law in the East Indian Seas: Property, Sovereignty, Commerce and War in Hugo Grotius' De Iure Praedae-the Law of Prize and Booty, or "On How to Distinguish Merchants from Pirates" 31 Brooklyn Journal of International Law 741 (2006) Throughout history, and across the globe, peoples and nations have encountered and entered into relationship with one another. While keeping in mind the dangers of oversimplification, it could nevertheless be argued that despite their variety, international relations fall mostly into either of two familiar types: The first takes the form of war or... 2006
Edward Rubacha Construction Contracts with Indian Tribes or on Tribal Lands 26-WTR Construction Lawyer 12 (Winter, 2006) With a boom under way in construction of facilities for Native American tribes, counsel for non-Indian businesses should be prepared for their clients' legal needs and the often-unique issues of tribal sovereignty that arise. If a tribe or tribal entity refuses to pay a designer, contractor, or supplier under a contract, what remedies does the... 2006
Nancy Postero, University of California, San Diego Contesting Citizenship in Latin America, the Rise of Indigenous Movements and the Postliberal Challenge Deborah Yashar (Cambridge: Cambridge University Press, 2005) 29 PoLAR: Political and Legal Anthropology Review 323 (November, 2006) Deborah Yashar's Contesting Citizenship in Latin America is the book-long version of her widely cited articles analyzing the emergence and impacts of indigenous movements in Latin America (Yashar 1998, 1999). In this book, she fleshes out her argument in three well-researched case studies (Ecuador, Bolivia, and Peru). Yashar's analytical model is... 2006
Kristen A. Carpenter Contextualizing the Losses of Allotment Through Literature 82 North Dakota Law Review 605 (2006) Some years ago, scholars issued a call to context, arguing that legal rules should be studied and applied with attention to the historical, personal, cultural, geographic, and other circumstances that give rise to legal problems. These scholars critiqued a strict rule-of-law model wherein abstract legal principles dominated legal thinking. By... 2006
  Continuing U.s. Navy Operations Against Indian Ocean Pirates 100 American Journal of International Law 700 (July, 2006) Thirty-five pirate attacks were reported off Somalia's coasts in 2005. In March 2006, the UN Security Council issued a presidential statement on Somalia that, inter alia, noted continuing pirate attacks on merchant shipping. The Council encouraged states with naval assets in the area to be vigilant to acts of piracy, and to take appropriate action... 2006
Mary Jensen Contracts Formed under the Indian Self-determination and Education Assistance Act Are as Binding as Any Other Government Agreements with a Contractor: Cherokee Nation of Oklahoma V. Leavitt 44 Duquesne Law Review 399 (Winter 2006) GOVERNMENTS - NATIVE AMERICANS - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT - The Supreme Court of the United States held that self-determination contracts between the Federal Government and Native American tribes are as binding on the Federal Government as any other contractor agreement. Cherokee Nation of Oklahoma v. Leavitt, 543... 2006
Monica Martens Creating a Supplemental Thesaurus to Lcsh for a Specialized Collection: the Experience of the National Indian Law Library 98 Law Library Journal 287 (Spring, 2006) The National Indian Law Library collection of federal Indian and tribal law resources requires the use of specialized subject headings. Ms. Martens describes a project in which the library staff revised an internal subject headings list to create a supplemental thesaurus to the Library of Congress Subject Headings. ¶1 The National Indian Law... 2006
Carole Goldberg Critique by Comparison in Federal Indian Law 82 North Dakota Law Review 719 (2006) As teachers of federal Indian law, we have an obligation to provide critical perspectives on the law, not merely to teach the statutes and doctrine. Happily, scholarship in the field affords us a variety of critical frameworks. For example, recent Supreme Court decisions have been attacked for their unexplained or unjustified departures from basic... 2006
Kathleen Potter Ctr. For Native Ecosystems V. Cables, No.04-cv-02409, 2006 U.s. Dist. Lexis 1594 (D. Colo. January 9, 2006) (Holding That the Forest Service's Approval of Cattle Grazing Permits in the Pole Mountain Area Did Not Violate State Water Quality Standards or th 9 University of Denver Water Law Review 636 (Spring, 2006) The Center for Native Ecosystems, Biodiversity Conservation Alliance, and Forest Guardians (collectively CNE) brought a Petition for Review of Agency Action in United States District Court for the District of Colorado, claiming that the United States Forest Service's (Forest Service) approval of livestock grazing permits violated Wyoming's... 2006
Wenona T. Singel Cultural Sovereignty and Transplanted Law: Tensions in Indigenous Self-rule 15-WTR Kansas Journal of Law & Public Policy 357 (Winter 2006) Two forces that have a tremendous impact on tribal legal systems are in direct conflict with each other. This essay describes what these forces are, explains why they are in conflict, and discusses what can be done to minimize this conflict. The first force is the concept of cultural sovereignty. This concept refers to an indigenous counterforce to... 2006
Leslie R. Dubois Curiosity and Carbon: Examining the Future of Carbon Sequestration and the Accompanying Jurisdictional Issues as Outlined in the Indian Energy Title of the 2005 Energy Policy Act 27 Energy Law Journal 603 (2006) The promise of successful carbon sequestration and carbon trading is on the horizon. As such, the 2005 Energy Policy Act (EPAct 2005 or the Act) has a section devoted to Indian energy that attempts to jumpstart sequestration research in Indian country. Title XXVI, the Indian Energy title, contains a governmental proposal that invites tribes to... 2006
Diego Marquez Developments in the Executive Branch 20 Georgetown Immigration Law Journal 549 (Spring, 2006) Foreign drug organizations are increasingly using American Indian reservations as safe havens for large-scale drug trafficking and organized crime. Several significant obstacles to effective law enforcement on Indian reservations, including tribal sovereignty that limits law enforcement access to the reservations, have attracted drug organizations... 2006
Matthew L.M. Fletcher Dibakonigowin: Indian Lawyer as Abductee 31 Oklahoma City University Law Review 209 (Summer 2006) Walking in downtown Spokane alone, after dinner with the Indian woman I love, with the same Indian woman who loves me, I was stopped by an Indian man, a stranger, drunk, sitting in the shade, as transient as every other Indian in the country. Hey, cousin, he asked. What tribe you are? Spokane/Coeur d'Alene, I said and he shook my hand.... 2006
Alan F. Blakley Document Production in a Strange Native Land 53-JUL Federal Lawyer 16 (July, 2006) In April 2006, during the filming of that new blockbuster hit, Electronic Discovery Update: Impact of the 2006 Federal Rules Changes, in Charlotte, N.C., several members of the cast had an opportunity to discuss the one portion of the upcoming changes to the Federal Rules of Civil Procedure that may lead to the greatest number of disputes. (As... 2006
Clay Smith , Idaho Attorney General's Office Doe V. Mann: the Indian Child Welfare Act, the Rooker-feldman Doctrine, and Public Law 280 49-FEB Advocate 14 (February, 2006) Most lawyers in Idaho and elsewhere encounter Indian law issues rarely if at all. One area where ordinary practitioners may cross paths with Indian law is in child custody matters subject to the Indian Child Welfare Act. Although litigation under this statute has been limited almost entirely to state court proceedings, a recent Ninth Circuit Court... 2006
Robert Laurence Eight Quotations: an Essay Comparing American Indian Law and Australian Aboriginal Law, Offered, with Irony, in Memory of Richard B. Atkinson 59 Arkansas Law Review 309 (2006) It's difficult to remember that I once wrote law review articles by hand, without the aid of a computer. The time I am thinking of would have been in 1982 or 83, in the spring, say, on, say, a Thursday, mid-afternoon, say. I used two yellow writing pads--one for text and one for footnotes--and would have had the reporters on the table in front of... 2006
Shivani Sutaria Employment Discrimination in Indian-owned Casinos: Strategies to Providing Rights and Remedies to Tribal Casino Employees 8 Journal of Law & Social Challenges 132 (Fall 2006) Sundi Lyons, Aramissa Dillyhon, Cheryl Dalton and Cynthia Walden used to work at Thunder Valley Casino, a tribal-owned casino in northern California. Things changed when, according to Ms. Lyons, a casino executive sexually assaulted her. When she reported the assaults to the lead investigator of the tribe's gaming commission, he assured her he... 2006
Michael S. Houdyshell Environmental Injustice: the Need for a New Vision of Indian Environmental Justice 10 Great Plains Natural Resources Journal J. 1 (Spring 2006) Without the land . . . there is no tribe. That is why tribal land is sacred land, because it has been given by the Creator to sustain the tribe. That is why tribal values seek to cultivate an attitude of respect for the land and the resources it yields. I. Introduction. 1 II. What is Environmental Justice?. 3 III. Environmental Justice for the... 2006
Melody Kapilialoha MacKenzie Ever Loyal to the Land 33-SPG Human Rights 15 (Spring, 2006) Kaulana npua a'o Hawai'i Kpa'a mahope o ka 'ina Famous are the children of Hawai'i Ever loyal to the land These lyrics are from a song by Ellen Keho'ohiwaokalani Wright Prendergast, written shortly after the overthrow of the Hawaiian Kingdom in 1893. They express the sorrow of the Native Hawaiian people and their determination to oppose... 2006
Mini Kaur Global Warming Litigation under the Alien Tort Claims Act: What Sosa V. Alvarez Machain and its Progeny Mean for Indigenous Arctic Communities 13 Washington and Lee Journal of Civil Rights and Social Justice 155 (Fall, 2006) These are things that all of our old oral history has never mentioned, said Enosik Nashalik, 87, [an elder in the Inuit village of Pangnirtung, Canada]. We cannot pass on our traditional knowledge, because it is no longer reliable. Before, I could look at cloud patterns or the wind, or even what stars are twinkling, and predict the weather. Now,... 2006
Tim Berg Growing Indian Economies 42-MAR Arizona Attorney 30 (March, 2006) Economic development in Indian Country is on the rise. The U.S. Census Bureau's 2002 Survey of Business Owners indicates that the number of businesses owned by American Indians and Alaskan Natives between 1997 and 2002 increased from 197,300 to 206,125, and approximately 1,000 of that increase occurred in Arizona. Notwithstanding such encouraging... 2006
Marvin L. Longabaugh Hail to the Potomac Drainage Basin Indigenous Persons: Has Political Correctness Gone Too Far? 7 Texas Review of Entertainment & Sports Law 15 (Fall 2006) Does the federal government have an obligation to restrict the NFL's Washington franchise's use of the moniker Redskins ? This article discusses the obligation that the U.S. Supreme Court has placed on the federal government with respect to Native Americans due to tribes' unique status as domestic dependent nations . Further, the article... 2006
Kent Siegrist Honor among Thieves: the Absence of Adequate Enforcement Protections for Native American Royalty Theft 30 American Indian Law Review 223 (2005-2006) A unique and cumbersome bureaucracy exists to administer American Indian mineral interests. The numerous challenges associated with this system are the source of continuing litigation. This note focuses on one case that was litigated to its ultimate conclusion, but still failed to resolve the underlying issue. When the honor system breaks down in... 2006
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