AuthorTitleCitationSummaryYear
Geoffrey D. Strommer , Stephen D. Osborne Indian Country and the Nature and Scope of Tribal Self-government in Alaska 22 Alaska Law Review Rev. 1 (June, 2005) Today Alaska Native tribes face one of their most difficult challenges since the days of the Alaska Native Claims Settlement Act (ANCSA). Ever since the United States Supreme Court ruled in Alaska v. Native Village of Venetie Tribal Government, 522 U.S. 520 (1998), that ANCSA largely extinguished Indian country in Alaska, and thus the tribes'... 2005
Stacie L. Nicholson Indian Mascot World Series Tied 1 - 1: Who Will Prevail as Champion? 29 American Indian Law Review 341 (2004-2005) There seems to be a never ending debate over whether the use of the Indian as a team mascot is or is not racist, derogatory, offensive, and/or vulgar (or, as seen by some, all of the aforementioned). What some people view as a harmless representation of a team, others view as a mockery of American Indian culture. Supporters of teams that define... 2005
Dean B. Suagee Indian Tribes and the Clean Water Act 36 No.3 ABA Trends Trends 4 (January/February, 2005) The implementation of the Clean Water Act (CWA) in Indian country continues to lag behind the rest of the country. The CWA is an example of environmental federalism in which the federal government performs some roles while the states perform others and some roles that begin as federal ones but may eventually be taken over by states. Recognizing the... 2005
Andrew Huff Indigenous Land Rights and the New Self-determination 16 Colorado Journal of International Environmental Law and Policy 295 (Spring 2005) Indigenous peoples draw their cultures and livelihoods from their lands. For the past five centuries, States have enacted laws and policies unilaterally depriving indigenous peoples of their lands and marginalizing them in their own countries. Responding to centuries of racism, indigenous peoples have made the case at the United Nations that they... 2005
Lindsey L. Wiersma Indigenous Lands as Cultural Property: a New Approach to Indigenous Land Claims 54 Duke Law Journal 1061 (February, 2005) Over the course of the last several decades, public awareness of the plight of indigenous peoples has grown rapidly, but they are still perhaps the most disadvantaged segment of the world's population. Among the many factors contributing to that ignoble title, indigenous peoples and their advocates have identified their rights to the lands they... 2005
John Borrows Indigenous Legal Traditions in Canada 19 Washington University Journal of Law and Policy 167 (2005) Introductory Context. 167 I. Legal Pluralism in Canada. 174 A. Civil Law Legal Traditions. 184 B. Common Law Legal Traditions. 187 C. Indigenous Legal Traditions. 189 D. The Relationship of Canada's Legal Traditions. 196 II. Entrenching Multi-Juridicalism in Canada. 198 A. ndigenous Governments. 198 B. ndigenous Courts and Dispute Resolution... 2005
Claudia Lozano Indigenous People, Rights, and the State in Argentina 17 Florida Journal of International Law 603 (December, 2005) The discussion on rights, autonomy, and cultural differences has just begun to arise in anthropological thinking and writing about the lives of indigenous people in colonial and postcolonial societies. These discussions take place in different regional, national, and political contexts that have influenced the ways in which anthropologists ask and... 2005
Lorie Graham , Stephen McJohn Indigenous Peoples and Intellectual Property 19 Washington University Journal of Law and Policy 313 (2005) There is a relationship, in the laws or philosophies of indigenous peoples, between cultural property and intellectual property, and [] the protection of both is essential to the indigenous peoples' cultural and economic survival . . . . Michael F. Brown's Who Owns Native Culture? is a thoughtful exploration of the issues raised by intellectual... 2005
Arthur Manuel , Nicole Schabus Indigenous Peoples at the Margin of the Global Economy: a Violation of International Human Rights and International Trade Law 8 Chapman Law Review 229 (Spring 2005) In the 1999 Human Development Report, which uses data from 1996 and 1997, Canada was ranked first among the 174 countries included in the report, and had the highest over all Human Development Index [HDI] score. Calculating HDI scores for Registered Indians, including those living on and off reserve, reveals a substantially lower HDI score for the... 2005
Jonathan Franklin, Gallagher Law Library University of Washington Seattle, WA USA Indigenous Peoples in International Law, 2 Ed. By S. James Anaya. Oxford; New York: Oxford University Press, 2004. Pp. Xi, 396. Isbn 0-19-517350-3. Gb£11.99; Us$24.95 33 International Journal of Legal Information 135 (Spring, 2005) S. James Anaya's Indigenous Peoples and International Law is a valuable work for scholars, students, and librarians. The author, the James J. Lenoir Professor of Human Rights Law and Policy at the University of Arizona, addresses a dynamic area of international law with concise prose, logical organization, and scholarly annotations. A great... 2005
James Anaya Indigenous Peoples' Participatory Rights in Relation to Decisions about Natural Resource Extraction: the More Fundamental Issue of What Rights Indigenous Peoples Have in Lands and Resources 22 Arizona Journal of International & Comparative Law L. 7 (Spring, 2005) It has become a generally accepted principle in international law that indigenous peoples should be consulted as to any decision affecting them. This norm is reflected in articles 6 and 7 of I.L.O. Convention No. 169, and has been articulated by United Nations treaty supervision bodies in country reviews and in examinations of cases concerning... 2005
Joji Cariño Indigenous Peoples' Right to Free, Prior, Informed Consent: Reflections on Concepts and Practice 22 Arizona Journal of International & Comparative Law 19 (Spring, 2005) Talk delivered to AALS Annual Conference Our topic is one that is debated intensely in many indigenous and grassroots communities around the world, in countries that include the Philippines, Canada, Papua New Guinea, Peru, India, and Australia, in the board rooms of the biggest oil and mining corporations, the World Bank and the International... 2005
David H. Getches Indigenous Peoples' Rights to Water under International Norms 16 Colorado Journal of International Environmental Law and Policy 259 (Spring 2005) In this article, Dean Getches examines the nature of international law as it relates to indigenous water rights and evaluates the kinds of claims that native peoples might assert when they are deprived of access to water. Around the world, indigenous peoples have experienced depletion or pollution of their traditional water sources caused by the... 2005
Lila Barrera-Hernández Indigenous Peoples, Human Rights and Natural Resource Development: Chile's Mapuche Peoples and the Right to Water 11 Annual Survey of International and Comparative Law L. 1 (Spring, 2005) The Mapuche peoples are the third largest indigenous group of South America. Like other indigenous groups whose worldview and customs are at odds with the prevailing western-style socio-economic model, they are often caught between cultural preservation and development. Their struggles are exacerbated in developing countries, like Chile and others... 2005
Brian Myers Indigenous Peoples, the Environment and the Law: an Anthology, Lawrence Watters, Ed. 17 Georgetown International Environmental Law Review 471 (Spring, 2005) Few Western scholars would dispute the Lockeian principle that the legitimacy of the law ultimately derives from the consent of the governed. Closely tied to this concept is the right to self-determination--the freedom of a people to choose their own political, economic and cultural path. Yet, what can be said of the law when it governs over those... 2005
Sean T. McAllister Indigenous Peoples, the Environment, and Law: an Anthology, Edited by Lawrence Watters, Carolina Academic Press, 2004. Pp. 439. 23 UCLA Journal of Environmental Law & Policy 27 (2005) Indigenous peoples, the environment, and the law have long been sources of conflict all over the world. While humanity is struggling to adapt to the increasing homogenization of cultures, economies, and environments, indigenous peoples are threatened in unique ways by globalization, neo-liberalism, economic development, climate change,... 2005
Nancy Postero, University of California, San Diego Indigenous Responses to Neoliberalism: a Look at the Bolivian Uprising of 2003 28 PoLAR: Political and Legal Anthropology Review 73 (May, 2005) This essay considers the October 2003 uprising in Bolivia, where indigenous and popular sectors mounted protests against neoliberal economic policies for the exploitation of natural gas, forcing the resignation of the president. The essay argues that the protests were a response not only to economic concerns, but also to profound questions about... 2005
Ángel R. Oquendo Indigenous Self-determination in Latin America 17 Florida Journal of International Law 625 (December, 2005) The indigenous people of the Americas (or what is traditionally known as Latin America) have been fighting for their rights for centuries. They have struggled not only to secure, but also to define what they are entitled to. In this effort, they have faced a society that has consistently violated, but ambivalently conceived of their prerogatives.... 2005
Gabriel S. Galanda Insuring Indian Country 35-FALL Brief 32 (Fall, 2005) Indian tribes are no longer merely casino entrepreneurs or cigarette wholesalers. In conjunction with America's largest corporations, Indians are now engaged in real estate development, banking and finance, telecommunications, wholesale and retail trade, and tourism. U.S. tribes have become an economic, legal, and political force to be reckoned... 2005
Allison Cafer Issues of Trust: Resolving Mismanagement of the Indian Trust Fund 2004 Journal of Dispute Resolution 477 (2005) Land has been held in trust by the United States government for Native Americans since Congress enacted the General Allotment Act of 1887. In recent decades the management of the trust accounts has been called into question by the Native American beneficiaries and has resulted in complex litigation. The government has acknowledged that there has... 2005
Bethany R. Berger JUSTICE AND THE OUTSIDER: JURISDICTION OVER NONMEMBERS IN TRIBAL LEGAL SYSTEMS 37 Arizona State Law Journal 1047 (Winter 2005) ABSTRACT: Over the last quarter century, the Court has progressively limited tribal jurisdiction over both non-Indians and Indians who are not members of the tribe. This Article examines these decisions to show that they owe less to established Indian law doctrine than to two assumptions: first, that tribal courts will be unfair to outsiders, and... 2005
Allison M. Dussias Kennewick Man, Kinship, and the "Dying Race": the Ninth Circuit's Assimilationist Assault on the Native American Graves Protection and Repatriation Act 84 Nebraska Law Review 55 (2005) I. Introduction. 56 II. Documenting the Dying Race: Imperial Anthropology Encounters Native Americans. 61 III. Let My People Go: The Native American Graves Protection and Repatriation Act and its Application to the Ancient One. 74 A. Understanding NAGPRA and its Key Goals. 74 B. Parsing the Statute--The Who, What, When, and Where of NAGPRA. 77 1.... 2005
Erich W. Steinman Legitimizing American Indian Sovereignty: Mobilizing the Constitutive Power of Law Through Institutional Entrepreneurship 39 Law and Society Review 759 (December, 2005) Extensive sociolegal scholarship has addressed the utility of law as a mechanism through which marginalized groups may promote social change. Within this debate, scholars employing the legal mobilization approach have thus far highlighted law's indirect impact, beyond the formal arenas of law, via effects on the legal consciousness of reformers... 2005
Susan Woodrow, Fred Miller Lending in Indian Country 15-DEC Business Law Today 39 (November/December, 2005) What happens when American Indians try to get loans? Too often, they are refused. Laws are needed. Many American Indian tribes and nations, tribal entities, Indian-owned businesses located in Indian Country (defined in 18 U.S.C. §1151 essentially as reservations, dependent Indian communities and Indian allotments), and individual Indians living in... 2005
Kathryn A. Ritcheske Liability of Non-indian Batterers in Indian Country: a Jurisdictional Analysis 14 Texas Journal of Women and the Law 201 (Spring 2005) I. Introduction. 202 II. Jurisdictional Framework in Indian Country. 203 A. Jurisdiction over Member Indians. 203 B. Jurisdiction over Non-Indians. 204 1. Criminal. 204 2. Civil. 206 C. Jurisdiction over Nonmember Indians. 208 1. Duro v. Reina. 208 2. Amendment of ICRA. 209 III. Examination of Tribal Codes' Domestic Violence Provisions. 210 A.... 2005
William D. Wallace Lindsay G. Robertson, Conquest by Law: How the Discovery of America Dispossessed Indigenous Peoples of Their Lands, Oxford University Press, 2005 29 American Indian Law Review 447 (2004-2005) Today the United States is a self-described nation of laws and not men; a beacon of freedom, opportunity, and equality before the law. However, there was a time, during the infancy of the institutions of our republic, when a sentiment of entitlement, a belief in manifest destiny, and conflicting loyalties to state and nation tore at the motives of... 2005
John C. Kincheloe, University of Connecticut Lindsay Robertson. Conquest by Law: How the Discovery of America Dispossessed Indigenous Peoples of Their Lands. New York: Oxford University Press, 2005. Xiii, 239 Pp. $29.95 47 American Journal of Legal History 451 (October, 2005) A great deal of ink has been spilled in an attempt to understand the emergence and consequences of the Indian Removal Act of 1830. This scholarship focuses on Andrew Jackson's administration, land speculation in Georgia, and the fracturing of the Cherokee Nation. Often neglected is Chief Justice John Marshall's discovery doctrine--that Indians had... 2005
Anna Moyers Linguistic Protection of the Indigenous Sami in Norway, Sweden, and Finland 15 Transnational Law & Contemporary Problems 363 (Fall 2005) I. Introduction. 363 II. The Protection of Linguistic Minorities. 366 III. The Sami in Norway. 368 A. Constitution. 368 B. Language Laws. 370 C. Sami Institutions in Norway. 372 IV. The Sami in Sweden. 373 A. Constitution. 373 B. Language Laws. 374 C. Sami Institutions in Sweden. 375 V. The Sami in Finland. 377 A. Constitution. 377 B. Language... 2005
Maher M. Shomali Maryland Native Plant Society V. U.s. Army Corps of Engineers: the Corps of Engineers must Clearly Justify a Decision to Authorize Activity Having Adverse Environmental Effects 12 University of Baltimore Journal of Environmental Law 213 (Spring 2005) In Maryland Native Plant Society v. U.S. Army Corps of Engineers, the U.S. District Court for the District of Maryland held that the U.S. Army Corps of Engineers' (Corps) decision to allow a development project with minimal adverse environmental effects to proceed was arbitrary and capricious. The court remanded the case so that the Corps could... 2005
Robert Laurence Me, Randy Lee and the Susans: an Informal, Mostly Non-legal Essay on the Use of Indian Nicknames for Sports Teams 81 North Dakota Law Review 451 (2005) It was well after I left the University of North Dakota law faculty that I became a fan of the UND women's basketball team. It was easy to do. In the first place, I jumped aboard the bandwagon during the heydays of back-to-back-to-back national championships, the days of Tiffany Pudenz, Jenny Crouse and company, spectacular players and irresistible... 2005
Rob Roy Smith Message from the Indian Law Section Chair 48-JAN Advocate (Idaho) 9 (January, 2005) Indian law is an extraordinarily rich and diverse field of law, presenting many challenges and rewards to the Idaho practitioner. As you read this issue of the Advocate addressing the challenges facing tribes today, I encourage you to reflect on the words of Indian legal scholar Felix Cohen: Like the miner's canary, the Indian marks the shift from... 2005
Susan Staiger Gooding Narrating Law and Environmental Body Politics (In Times of War) in "Indigenous America/america" 39 Law and Society Review 697 (September, 2005) Taking Lawrence Friedman's History of American Law (1985) as his example, Peter Fitzpatrick recently remarked that the near-silence of the majority of scholars of American law and politics on the topic of so-called Indian law and indigenous America is no mere forgetting of one of America's margins. Having traced the ground of modern law to the... 2005
Jeffrey S. Miller Native American Athletes: Why Gambling on the Future Is a Sure Bet 4 Virginia Sports and Entertainment Law Journal 239 (Spring 2005) Introduction. 240 I. The Numerous and Inherent Struggles of Native American Athletes. 242 II. Existing Sports Programs for Native American Athletes Offer a Foundation for Future Athletic Success. 251 III. Involvement and Success in Athletics Provides Numerous and Substantial Benefits to Native American Athletics. 255 IV. Apportioning a Piece of the... 2005
Christian Dennie Native American Mascots and Team Names: Throw Away the Key; the Lanham Act Is Locked for Future Trademark Challenges 15 Seton Hall Journal of Sports and Entertainment Law 197 (2005) I. Introduction. 198 II. Trademark Actions Under the Lanham Act. 202 A. Trademark Cancellation Proceedings. 203 B. Harjo v. Pro-Football, Inc.: The Trademark Trial and Appeal Board Holds that Redskins is Disparaging. 205 C. Harjo v. Pro-Football, Inc.: the District Court Reinstated the Washington Redskins' Trademark. 207 III. Future Challenges.... 2005
  Native American Resources 2005 ABA Environment, Energy, and Resources Law: The Year in Review 252 (2005) Legislation enacted by Congress in 2005 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 lands and resources. A number of acts relating to one or more specific tribes were enacted but are not... 2005
Laura E. Gómez, Ph.D. Off-white in an Age of White Supremacy: Mexican Elites and the Rights of Indians and Blacks in Nineteenth-century New Mexico 25 Chicano-Latino Law Review Rev. 9 (Spring 2005) In their studies of mid-twentieth-century civil rights litigation involving Chicanos, several scholars have reached the conclusion that, in this era, Mexican Americans occupied an ambivalent racial niche, being neither Black nor white. The Supreme Court case Hernandez v. Texas, decided in 1954 during the same term as Brown v. Board of Education, is... 2005
William C. Watt Practicing Indian Law in Tribal Courts 52-APR Federal Lawyer 12 (March/April, 2005) For a tribal attorney, appearing in a tribal court hearing before a tribal-member judge on an important matter affecting the reservation can be a source of honor and pride. A well-run tribal court hearing gives a compelling, practical demonstration of the tribe's right to exercise its sovereignty over the reservation's affairs. Other attorneys who... 2005
Haley M. Peerson Preserving the Nation's Fisheries: Attempts to Take Away What the United States Granted the Indians 12 Missouri Environmental Law & Policy Review 228 (2005) The state of the nation's fisheries has been declining since the government began its regulation in 1976. Many individuals, including co-operatives whose purpose is to assist in the protection of fisheries, place the blame on the allocation given to Indian tribes. In numerous treaties with the Indians, the United States obtained land in return for... 2005
Elizabeth G. Pianca Protecting American Indian Sacred Sites on Federal Lands 45 Santa Clara Law Review 461 (2005) We saw the Great Spirit's work in almost everything: sun, moon, trees, wind, and mountains. Sometimes we approached him through these things. Was that so bad? . . . Indians living close to nature and nature's ruler are not living in darkness. Walking Buffalo, Stoney Tribe A striking feature of American Indian culture is a relationship to the... 2005
Justin Reiner Proud Traditions: Reflections of a Lifelong Washington Redskins Fan on the Harjo Decisions & the Use of Native American Names in Sports 2 Willamette Sports Law Journal L.J. 1 (Spring 2005) It is an abomination that Indians are still perceived by many as heathens and scalp hunters, which is still being helped to be a perpetuated thought due to these symbols and mascots, etc. Other groups of people would not wish their names desecrated in such a fashion. To use the Indian names in such a fashion is irreverent and hinders the cause of... 2005
Kristen A. Carpenter Recovering Homelands, Governance, and Lifeways: a Book Review of Blood Struggle: the Rise of Modern Indian Nations 41 Tulsa Law Review 79 (Fall 2005) When scholars write about Indians and property, they often focus on property losses. This scholarship is, of course, inspired by the staggering dispossession of Indian lands. Between 1492 and 1960, tribes lost most of North America to white settlers and their governments. Charles Wilkinson's new book, Blood Struggle: The Rise of Modern Indian... 2005
Gregory W. Sample Refocusing Professor Gould: the Economic Basis for Restoring Self-government to Maine's Indian Tribes 20 Maine Bar Journal 70 (Spring, 2005) In classic professorial manner, Scott Gould (December song: the waiting game for tribal sovereignty in Maine, Winter, 2005) prompts fresh thought about why the 1980 Maine Indian Claims Settlement Act left the Penobscot and Passamaquoddy tribes well short of national norms for tribal sovereignty. Having unearthed the orderly and sensible... 2005
Joseph William Singer Reply Double Bind: Indian Nations V. the Supreme Court 119 Harvard Law Review Forum F. 1 (December, 2005) [The Indians'] right of occupancy is considered as sacred as the fee simple of the whites. --Justice Henry Baldwin, Mitchel v. United States (1835) Ignoring [two bedrock] principles [of federal Indian law], the Court has done what only Congress may do--it has effectively proclaimed a diminishment of the Tribe's reservation and an abrogation of its... 2005
Amy Gannaway Researching American Indian Law Online 78-JUL Wisconsin Lawyer 20 (July, 2005) LAW DOMINATES INDIAN life in a way not duplicated in other segments of American society, write the editors of a leading treatise on federal American Indian law. Since the American Revolution, American Indian law has evolved into a complex web of treaties, federal statutes and regulations, and federal case law, as well as tribal codes,... 2005
Melissa A. Jamison Rural Electric Cooperatives: a Model for Indigenous Peoples' Permanent Sovereignty over Their Natural Resources 12 Tulsa Journal of Comparative & International Law 401 (Spring 2005) After enduring centuries of a unique form of colonization, the 300-500 million indigenous peoples of the world continue to live as marginalized peoples. One of the most significant and enduring aspects of their marginalization is the deprivation of indigenous control over their land and natural resources. This disruption adversely affects a... 2005
Richard G. McCracken San Manuel Indian Bingo and Casino: Centrally Located in the Broad Perspective of Indian Law 21 Labor Lawyer 157 (Fall, 2005) In San Manuel Indian Bingo & Casino, the National Labor Relations Board decided that it had jurisdiction over business enterprises conducted on reservation lands by Native American tribes. In this case, the business is a casino. The Board held that tribal sovereign immunity did not prevent its assertion of jurisdiction. It reasoned that tribes are... 2005
by Christopher Karns Sherrill, New York 2004-05 Preview of United States Supreme Court Cases 198 (1/10/2005) During the 18th and early 19th centuries, the Oneida Nation lost possession of nearly all of its landholdings in central New York even though, in the 1794 Treaty of Canandaigua, the United States had acknowledged the Oneidas' ownership of the Oneida Reservation and promised that they would be secure in its possession. During the 20th century, the... 2005
Kathryn L. Garner Skokomish Indian Tribe V. United States, 401 F.3d 979 (9th Cir. 2005) (Holding a Treaty Between the United States and an Indian Tribe Does Not Implicitly Reserve Water Rights to the Tribe Beyond the Amount Necessary for the Reservation's Primary Purpose) 8 University of Denver Water Law Review 639 (Spring, 2005) In 2004 the Skokomish Indian Tribe of Washington (Tribe) sought damages from the United States, the City of Tacoma (City), and Tacoma Public Utilities (TPU) for alleged harm caused by the Cushman Hydroelectric Project (Project). The City constructed the Project in 1930, which consisted of two dams and two reservoirs. The Tribe sued the City... 2005
Erin T. Welsh South Florida Water Management District V. Miccosukee Tribe of Indians: Has the U.s. Supreme Court "Opened up the Floodgates" on Federal Regulation of Water Diversion Facilities? 36 Seton Hall Law Review 289 (2005) I. INTRODUCTION. 289 II. DIVERTING THE ISSUES IN MICCOSUKEE. 293 A. The Clean Water Act. 293 B. The Central and South Florida Flood Control Project. 296 C. The Clean Water Act Claims. 297 III. WHAT IS MEANINGFULLY DISTINCT? . 301 A. The Unitary Waters Theory. 301 B. The Unitary Waters Theory's Shortcomings. 306 IV. THE INEVITABLE CONSEQUENCES... 2005
Sarah Deer, Copyright © 2005 Sarah Deer Sovereignty of the Soul: Exploring the Intersection of Rape Law Reform and Federal Indian Law 38 Suffolk University Law Review 455 (2005) This Article is about tribal issues and sexual assault, and it is directed not so much at beyond prosecution as it is beyond jurisdiction. It focuses on an invisible legal challenge in addressing sexual violence. The focus is not on the federal or state system, but rather the third sovereign in this nation, the tribal justice system. There... 2005
« ‹
50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67
» ›