| Author | Title | Citation | Summary | Year |
| Kathryn R.L. Rand, Steven Andrew Light |
How Congress Can and Should "Fix" the Indian Gaming Regulatory Act: Recommendations for Law and Policy Reform |
13 Virginia Journal of Social Policy and the Law 396 (Spring 2006) |
It's long-overdue time to review the impact and implications of the Indian Gaming Regulatory Act from a broad variety of aspects. - U.S. Senator John McCain Over the last year, U.S. Senator John McCain (R-Ariz.), one of the architects of the Indian Gaming Regulatory Act of 1988 (IGRA) and the Chair of the U.S. Senate Committee on Indian Affairs,... |
2006 |
| Hope Lewis |
Human Rights and Natural Disaster: the Indian Ocean Tsunami |
33-FALL Human Rights 12 (Fall, 2006) |
Why should we focus on human rights in the aftermath of a natural disaster? When governments face massive loss of life, public health crises, and thousands of injured, hungry, and homeless people, the demands of humanitarian aid coordination and delivery, and the rebuilding of infrastructure, the basic need to reestablish public services and... |
2006 |
| Surya Deva |
Human Rights Realization in an Era of Globalization: the Indian Experience |
12 Buffalo Human Rights Law Review 93 (2006) |
Globalization has a human face. Another world is possible. Globalization, both as a description and a prescription, has provoked several contradictory responses. Although the two opening statements amply indicate this contradiction, some illustrations will help in removing any remaining doubts. Globalization demands deregulation and regulation... |
2006 |
| Katherine Newman Lewis |
Hunters, Oil, Native Americans and Archaeologists: Can Conflicting Interests Co-exist on the "Most Significant Archaeological Find in North America in 50 Years?" |
26 Journal of Land, Resources, and Environmental Law 447 (2006) |
In 2001, Utah acquired a 4,208 acre parcel of land, with priceless, unexcavated Fremont Indian ruins and artifacts, which had been protected by a private landowner for generations. Archaeologists proclaimed it the most significant find in North America in fifty years. The property, called Range Creek, is in a remote part of Southern Utah and the... |
2006 |
| Heather Bowman |
If I Had a Hammer: the Oecd Guidelines for Multinational Enterprises as Another Tool to Protect Indigenous Rights to Land |
15 Pacific Rim Law & Policy Journal 703 (September, 2006) |
As developing countries embrace market economies, a primary source of investment is in the form of foreign direct investment through action by Multinational Enterprises (Multinationals) inside a country's borders. Activity by a Multinational is often regulated only by the host country, which may place minimal restrictions on it for fear... |
2006 |
| Weston Meyring |
I'm an Indian Outlaw, Half Cherokee and Choctaw : Criminal Jurisdiction and the Question of Indian Status |
67 Montana Law Review 177 (Summer 2006) |
This Article provides guidance to federal, state, and tribal courts presented with the question of whether an individual is an Indian for purposes of criminal jurisdiction. Although an understanding of the term Indian is [f]undamental to virtually all analysis of Indian law, the scholarly literature is devoid of a modern in-depth review and... |
2006 |
| James B. Wadley |
Indian Citizenship and the Privileges and Immunities Clauses of the United States Constitution: an Alternative to the Problems of the Full Faith and Credit and Comity? |
31 Southern Illinois University Law Journal 31 (Fall, 2006) |
Throughout the last century, Indians undoubtedly have often considered themselves to be second class citizens of the United States. This status has been the basis for much concern regarding the validity of rights that may be claimed by Indians when those rights have to be asserted outside their own society. Requiring that states accept rights... |
2006 |
| James K. Kawahara, Michelle LaPena |
Indian Country |
28-JAN Los Angeles Lawyer 26 (January, 2006) |
Real estate lawyers advising clients who seek to conduct business with California Indian tribes not only need to employ the usual legal analyses applicable to any transaction but also must consider a notable added dimension. Federal law treats each Indian tribe as a sovereign government. The U.S. Supreme Court refers to Indian tribes as domestic... |
2006 |
| S. James Anaya |
Indian Givers: What Indigenous Peoples Have Contributed to International Human Rights Law |
22 Washington University Journal of Law and Policy 107 (2006) |
The interests of Native Americans have long been ignored, or worse. The history of misdealing and atrocities committed against Native Americans ever since Christopher Columbus found himself on a Caribbean island, miscalculated his location, and called his hosts Indians is well known. Much less widely known are the present day legacies of this sad... |
2006 |
| |
Indian Law |
34 No.8 Preview of United States Supreme Court Cases 491 (7/31/2006) |
Can a state tax the fuel that is sold by non-Indian distributors to tribal gas stations on reservations? Yes. Because Kansas's motor fuel tax is a nondiscriminatory tax imposed on an off-reservation transaction between non-Indians, the tax is valid and poses no affront to the Nation's sovereignty. From the opinion by Justice Thomas (joined by Chief... |
2006 |
| Carrie Barney , Washburn University School of Law |
Indian Law: Setting the Stage for 'Lara Ii' |
75-JAN Journal of the Kansas Bar Association 10 (January, 2006) |
Depending on where you plan to take the bar, you may be surprised to learn that your exam subjects may include Indian law. As tribal economic power increases, so also does the need for attorneys who are familiar with Indian law. Currently two states, Washington and New Mexico, include Indian law as a bar exam subject, with four more states... |
2006 |
| Judith Royster |
Indian Natural Resources Development: Tribal Energy Resource Agreements under the Energy Policy Act of 2005 |
37 No.5 ABA Trends Trends 8 (May/June, 2006) |
Last year, Congress enacted the Indian Tribal Energy Development and Self-Determination Act (Indian Energy Act), 25 U.S.C. §§ 3501-3506, as part of the massive Energy Policy Act of 2005. Pub. L. No. 109-58, 119 Stat. 764. Provisions of the Indian Energy Act authorize a significant change in the way natural resources development on Indian lands has... |
2006 |
| Wenona T. Singel , Matthew L.M. Fletcher |
Indian Treaties and the Survival of the Great Lakes |
2006 Michigan State Law Review 1285 (2006 (Special)) |
Introduction 1286 I. Indian Treaties and Natural Resource Protection. 1288 A. Treaty Rights. 1289 B. Great Lakes Indian Treaties. 1291 II. Incorporating Indian Tribes and Indian Treaties. 1293 A. Indian Treaties in Federal and State Litigation. 1293 B. Indian Tribes as Stakeholders in International Compacting Process. 1295 Conclusion 1296 The... |
2006 |
| Judith V. Royster |
Indian Tribal Rights to Groundwater |
15-SPG Kansas Journal of Law & Public Policy 489 (Spring 2006) |
This article was part of a symposium that explored whether institutional groundwater management works. Addressing tribal groundwater in light of that question raises two related issues. First, state groundwater management in states with tribal populations will not work, at least in the long term, unless that state management takes account of tribal... |
2006 |
| Judith V. Royster |
Indian Water and the Federal Trust: Some Proposals for Federal Action |
46 Natural Resources Journal 375 (Spring 2006) |
Indian tribal reserved rights to water constitute trust assets under the protection of the federal government. Nonetheless, the federal government's duty of protection, and remedies against the government if it fails in that duty, are seldom recognized by law. Congress could protect tribal water rights through enactment of comprehensive regulatory... |
2006 |
| Robert T. Anderson |
Indian Water Rights and the Federal Trust Responsibility |
46 Natural Resources Journal 399 (Spring 2006) |
Although federal policy shifted from assimilation to pro-tribal positions, the federal courts have quite consistently supported Indian reserved water rights. Indian water rights, however, were neglected by Congress in favor of non-Indian agricultural development in the arid West. Modern litigation over tribal rights takes place primarily in state... |
2006 |
| Robert T. Anderson |
Indian Water Rights: Litigation and Settlements |
42 Tulsa Law Review 23 (Fall, 2006) |
Indian water rights have a one-hundred-year pedigree in federal law although historically the federal government expended the lion's share of its resources on developing non-Indian water use. While there was little development of water resources for tribes in the aftermath of the Supreme Court's landmark decision in Winters v. United States, an... |
2006 |
| Janet K. Brewer |
Indigenous Origins of Inalienable Rights: Natural Law Theory in Navajo Culture |
8 Loyola Journal of Public Interest Law 37 (Fall 2006) |
[C]ommands and prohibitions of nations have the power to summon to righteousness and away from wrongdoing; but this power is not merely older than the existence of nations and States, it is coeval with that God who guards and rules heaven and earth. For the divine cannot exist without reason, and divine reason cannot but have this power to... |
2006 |
| Judith Kimerling |
Indigenous Peoples and the Oil Frontier in Amazonia: the Case of Ecuador, Chevrontexaco, and Aguinda V. Texaco |
38 New York University Journal of International Law & Politics 413 (Spring 2006) |
I. Introduction. 414 II. Governments and Policy in Ecuador. 417 A. Government Instability and Petroleum Politics. 417 B. Amazon Policy and the Rights of Indigenous Peoples. 426 C. Environmental Protection Policy. 433 III. Texaco's Operations and Impact. 449 IV. Environmental Audit. 468 V. Aguinda v. Texaco: The Rainforest Indians' Lawsuit in... |
2006 |
| Peter Manus |
Indigenous Peoples' Environmental Rights: Evolving Common Law Perspectives in Canada, Australia, and the United States |
33 Boston College Environmental Affairs Law Review Rev. 1 (2006) |
Common law decisions on the environment-related interests of indigenous peoples that have emerged from the high courts of Canada, Australia, and the United States over the past several decades show a spectrum of approaches to fundamental issues. These issues include the questions of whether sovereign nations should acknowledge such... |
2006 |
| Pamela J. Stephens |
Indigenous Peoples, Culturally Specific Rights, and Domestic Courts: a Response to Professor Fodella |
30 Vermont Law Review 595 (Spring, 2006) |
Professor Alessandro Fodella has done a very nice job of setting out both the protection afforded indigenous peoples by current international law and the limitations of that protection as well. As he suggests, more work needs to be done with respect to providing content to these norms. In addition to his suggestion that a more coordinated approach... |
2006 |
| Başak Çalt, University College London |
Indigenous Peoples: Resource Management and Global Rights Svein Jentoft, Henry Minde, and Ragnar Nilsen, Eds. (Delft, the Netherlands: Eburon Academic Publishers, 2003) |
29 PoLAR: Political and Legal Anthropology Review 311 (November, 2006) |
This edited collection of 15 comprehensive contributions is partly an outcome of a conference session on Indigenous Peoples in 2001. The editors' aim was an investigation into how global rights discourse, institutions, and legal frameworks have a bearing on the management of natural resources indispensable for indigenous peoples. In the... |
2006 |
| Chidi Oguamanam |
Intellectual Property Rights in Plant Genetic Resources: Farmers' Rights and Food Security of Indigenous and Local Communities |
11 Drake Journal of Agricultural Law 273 (Fall, 2006) |
I. Introduction. 274 II. Part I. 277 A. Intellectual Property in PGRs. 277 B. PGRs and Farmers' Rights: From International Undertaking to International Treaty. 281 III. Part II. 287 A. Farmers' Rights As A Conceptual Morass. 287 1. Farmers' Rights vs. Intellectual Property Rights. 289 2. Efficacy of Farmers' Rights: Textual Scrutiny. 292 IV. Part... |
2006 |
| Alessandro Fodella |
International Law and the Diversity of Indigenous Peoples |
30 Vermont Law Review 565 (Spring, 2006) |
The issue of the rights of indigenous peoples in international law provides an interesting viewpoint on the more general question of how the law can accommodate differences. Although there is no universally accepted legal definition of indigenous peoples in international law, generally speaking they can be referred to as those peoples with their... |
2006 |
| Klint A. Cowan |
International Responsibility for Human Rights Violations by American Indian Tribes |
9 Yale Human Rights and Development Law Journal L.J. 1 (2006) |
The American Indian tribes have a unique status in the law of the United States. They are characterized as sovereigns that predate the formation of the republic and possess inherent powers and immunities. Their powers permit them to create and enforce laws and generally to operate as autonomous governmental entities with executive, legislative, and... |
2006 |
| Klint A. Cowan |
INTERNATIONAL RESPONSIBILITY FOR HUMAN RIGHTS VIOLATIONS BY AMERICAN INDIAN TRIBES |
9 Yale Human Rights and Development Law Journal 1 (2006) |
The American Indian tribes have a unique status in the law of the United States. They are characterized as sovereigns that predate the formation of the republic and possess inherent powers and immunities. Their powers permit them to create and enforce laws and generally to operate as autonomous governmental entities with executive, legislative, and... |
2006 |
| Blake A. Watson |
John Marshall and Indian Land Rights: a Historical Rejoinder to the Claim of "Universal Recognition" of the Doctrine of Discovery |
36 Seton Hall Law Review 481 (2006) |
I. Introduction. 481 II. Johnson v. McIntosh. 483 III. Roger Williams and The Sinne of the Pattents . 487 IV. European Views of Indian Land Rights During The Age of Discovery . 498 A. Spanish Views of Indian Land Rights. 499 B. French Views of Indian Land Rights. 511 C. Dutch and Swedish Views of Indian Land Rights. 517 D. Early English and... |
2006 |
| Matthew D. All |
John Mccain and the Indian Gaming "Backlash": the Unfortunate Irony of S. 2078 |
15-WTR Kansas Journal of Law & Public Policy 295 (Winter 2006) |
On March 29, 2006, the U.S. Senate Committee on Indian Affairs approved Senate Bill 2078, a major revision of the Indian Gaming Regulatory Act (IGRA), by a voice vote of 10-3, sending it to the full U.S. Senate for consideration. S. 2078 is the creation of Senator John McCain, the committee chairman, and is the product of a year's worth of hearings... |
2006 |
| Duane Champagne |
Justice, Culture, and Law in Indian Country: Teaching Law Students |
82 North Dakota Law Review 915 (2006) |
My experience with teaching law students is spare. As a sociology professor, one rarely teaches law students who are currently enrolled in a university law program. Nevertheless, at UCLA there is a law clinic and a joint degree program in law and American Indian studies. There, students complete the law courses in three years, and with an... |
2006 |
| Jesse K. Martin |
Kansas V. Prairie Band Potawatomi Nation: Undermining Indian Sovereignty Through State Taxation |
6 University of Maryland Law Journal of Race, Religion, Gender and Class 251 (Spring 2006) |
In Kansas v. Prairie Band Potawatomi Nation, the Supreme Court undermined the historic and deeply-rooted sovereign status of Indian tribes by focusing on a hyper-technical application of precedent and ignoring the practical impact of the Kansas motor fuel tax. The Court determined that the state tax, as applied to the Nation Station's sale of... |
2006 |
| David Barnard |
Law, Narrative, and the Continuing Colonialist Oppression of Native Hawaiians |
16 Temple Political & Civil Rights Law Review Rev. 1 (Fall 2006) |
The article does three things. First, and for the first time, it brings to bear the perspectives of critical race theory, postcolonial theory, and narrative theory on the U.S. Supreme Court's 2000 decision in Rice v. Cayetano, which dealt a severe blow to Native Hawaiians' struggles for redress and reparations for a century of dispossession and... |
2006 |
| Shubhankar Dam |
Legal Systems as Cultural Rights: a Rights' Based Approach to Traditional Legal Systems under the Indian Constitution |
16 Indiana International & Comparative Law Review 295 (2006) |
Twentieth century discourses on tribals in social history and anthropology have predominantly reflected an approach of impassioned concern. Tribes were classically depicted as an anthropological category, although they were viewed on occasion as evidence of plurality. The dominant conceptual framework, however, has been a metaphor for the... |
2006 |
| Robyn J. Spalter |
Lessons Learned from My Trip to the Indian Law Conference |
53-MAY Federal Lawyer Law. 3 (May, 2006) |
I just returned from the FBA Indian Law Conference in Albuquerque, N.M. In fact, it was the 31st Annual Indian Law Conference -- a major conference. This particular conference is one that every president of this association looks forward to attending. Why do we all look forward to this particular conference so much? Well, there are some common... |
2006 |
| Bethany R. Berger |
Liberalism and Republicanism in Federal Indian Law |
38 Connecticut Law Review 813 (May, 2006) |
This essay begins to define, and invites others to define, where federal Indian law fits into American democratic political theory. More particularly, it attempts to discover where the claims of tribes fit into the two dominant strains of that theory, liberalism and republicanism. This question may seem overly abstract, even blindly so, for a... |
2006 |
| Matthew L.M. Fletcher |
Looking to the East: the Stories of Modern Indian People and the Development of Tribal Law |
5 Seattle Journal for Social Justice Just. 1 (Fall/Winter, 2006) |
For my Gram and old stories, and the Peach and new stories. For many Indian people the east represents a new beginning. Each day the sun rises and Indian people begin new lives, with new stories and new experiences. East is the direction of young people, of newborns, and creativity. East is the direction of starting over with new and powerful... |
2006 |
| Matthew L.M. Fletcher |
LOOKING TO THE EAST: THE STORIES OF MODERN INDIAN PEOPLE AND THE DEVELOPMENT OF TRIBAL LAW |
5 Seattle Journal for Social Justice 1 (Fall/Winter, 2006) |
For my Gram and old stories, and the Peach and new stories. For many Indian people the east represents a new beginning. Each day the sun rises and Indian people begin new lives, with new stories and new experiences. East is the direction of young people, of newborns, and creativity. East is the direction of starting over with new and powerful... |
2006 |
| Alexa Koenig , Jonathan Stein |
LOST IN THE SHUFFLE: STATE-RECOGNIZED TRIBES AND THE TRIBAL GAMING INDUSTRY |
40 University of San Francisco Law Review 327 (Winter 2006) |
Perhaps the most basic principle of all Indian law . . . is the principle that those powers which are lawfully vested in an Indian tribe are not, in general, delegated powers granted by express acts of Congress, but rather inherent powers of a limited sovereignty which has never been extinguished . . . . What is not expressly limited remains... |
2006 |
| Adam M. Smith |
Making Itself at Home: Understanding Foreign Law in Domestic Jurisprudence: the Indian Case |
24 Berkeley Journal of International Law 218 (2006) |
At first glance, it seems that few judicial debates better illustrate the uniqueness of modern American legal thinking than discussions of foreign law in domestic courts, specifically in constitutional decisions. While an accepted, encouraged, or even mandated practice in many other national jurisdictions, the mere reference to foreign or... |
2006 |
| Eva Marie Garroutte, Boston College |
Mark Edwin Miller. Forgotten Tribes: Unrecognized Indians and the Federal Acknowledgment Process. Lincoln: University of Nebraska Press, 2004. Viii, 355 Pp. $59.95 (Cloth); $34.95 (Paper) |
48 American Journal of Legal History 462 (October, 2006) |
Scholars in American Indian history, law, and policy have long awaited Mark Edwin Miller's monograph on the Federal Acknowledgment Process. The FAP is the bureaucratic means by which the federal government certifies groups as American Indian tribes; it is overseen by the Bureau of Acknowledgment and Research (BAR). The procedure, Miller observes,... |
2006 |
| Linda James Myers, Ph.D. |
Mental Health Strategies to Eliminate Health Disparities: Towards the Creation of a Climate and Culture of Optimal Health from an African (Indigenous) American Perspective |
10 DePaul Journal of Health Care Law 73 (Fall 2006) |
Many scholars and practitioners concerned about the health of all people question how best to move beyond a history of bias and mono-cultural strategies when it comes to overcoming disparities in health care between African Americans and European Americans (USDHHS, 2001). This presentation introduces the results of a multilevel, community... |
2006 |
| Rob Roy Smith , Morisset, Schlosser, Jozwiak & McGaw |
Message from the Indian Law Section Chair |
49-FEB Advocate (Idaho) 9 (February, 2006) |
In mid-November 2005, Indian country and Indian law lost one of its great leaders, Vine Deloria, Jr. A member of the Standing Rock Sioux Tribe, Vine Deloria was the consummate champion of Indian rights -- on the streets, in the media, in the halls of Congress, and in the classroom. As an author of more than twenty books, he promoted tribal... |
2006 |
| Heather A. Sapp |
Monopolizing Medicinal Methods: the Debate over Patent Rights for Indigenous Peoples |
25 Temple Journal of Science, Technology & Environmental Law 191 (Fall 2006) |
The 1994 Draft Declaration of the Rights of Indigenous Peoples states: Indigenous peoples have the right . . . to their traditional medicines and health practices, including the right to the protection of vital medicinal plants, animals, and minerals . . . [and] to special measures to control, develop and protect their sciences, technologies and... |
2006 |
| Stacy L. Leeds |
MOVING TOWARD EXCLUSIVE TRIBAL AUTONOMY OVER LANDS AND NATURAL RESOURCES |
46 Natural Resources Journal 439 (Spring 2006) |
Tribal governments and individual American Indians lack autonomy over their lands and natural resources. Rather than owning their lands outright and enjoying the autonomy that property ownership ensures, tribes are relegated to a beneficiary status beholden to the federal government as the trustee over tribal lands. This article, by advocating a... |
2006 |
| Trever K. Asam |
Nana I Ke Kumu: Looking to the Source for Protections of Native Hawaiian Culture |
10-JUL Hawaii Bar Journal 96 (July, 2006) |
From surfers on the North Shore to the hula shows in Waikiki, the Native Hawaiian culture touches almost all aspects of life in modern Hawaii. Because of the importance of these traditions to Hawaii and its people, both state and federal laws provide specific protections for Native Hawaiian cultural practices and those who perpetuate them. These... |
2006 |
| S. Alan Ray |
Native American Identity and the Challenge of Kennewick Man |
79 Temple Law Review 89 (Spring 2006) |
Give the historical method an inch and it will take a mile. From a strictly orthodox standpoint, therefore, it seems to bear a certain similarity to the devil . . . . Jurisprudence, ethics, sociology, political theory, and aesthetics have been affected to their very depths by the historical approach and have been aligned with historical viewpoints... |
2006 |
| Brian R. Moushegian |
Native American Mascots' Last Stand? Legal Difficulties in Eliminating Public University Use of Native American Mascots |
13 Villanova Sports and Entertainment Law Journal 465 (2006) |
The 2006 Federal Express Orange Bowl featured the Nittany Lions of Pennsylvania State University (PSU) and the Seminoles of Florida State University (FSU). Many FSU fans donned war paint and enthusiastically waved their arms as though swinging a tomahawk throughout the game. Ironically, the teams played the nationally televised game five... |
2006 |
| |
Native American Resources 2006 Annual Report |
2006 ABA Environment, Energy, and Resources Law: The Year in Review 266 (2006) |
Legislation enacted by Congress in 2006 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... |
2006 |
| Richard Warren Perry , San Jose State University |
Native American Tribal Gaming as Crime Against Nature: Environment, Sovereignty, Globalization |
29 PoLAR: Political and Legal Anthropology Review 110 (May, 2006) |
This essay proposes that the legal form of Native American tribal sovereignty lately deployed in the establishment of casinos and other risky enterprises is not simply an atavistic political-legal curiosity. Rather, it is exemplary of contemporary forms of spatial governmentality which, as they emerge from layered mappings of spatial difference... |
2006 |
| Richard Warren Perry , San Jose State University |
NATIVE AMERICAN TRIBAL GAMING AS CRIME AGAINST NATURE: ENVIRONMENT, SOVEREIGNTY, GLOBALIZATION |
29 PoLAR: Political and Legal Anthropology Review 110 (May, 2006) |
This essay proposes that the legal form of Native American tribal sovereignty lately deployed in the establishment of casinos and other risky enterprises is not simply an atavistic political-legal curiosity. Rather, it is exemplary of contemporary forms of spatial governmentality which, as they emerge from layered mappings of spatial difference... |
2006 |
| Melody Kapilialoha MacKenzie |
Native Hawaiians and the Law: Struggling with the He'e |
7 Asian-Pacific Law and Policy Journal 79 (Winter, 2006) |
I've been grappling the last few days with what to say as a commentary to Judge Williams' speech, not knowing the content of his talk ahead of time. Fortunately, I did have an opportunity to meet with him yesterday and he told me that he was generally going to discuss whether the law can be used to protect the interests of native peoples, how well... |
2006 |