| Author | Title | Citation | Summary | Year |
| Peter Manus |
Sovereignty, Self-determination, and Environment-based Cultures: the Emerging Voice of Indigenous Peoples in International Law |
23 Wisconsin International Law Journal 553 (Fall 2005) |
Indigenous peoples' collective right to their land and territories is the most controversial of all human rights issues. . . . Control over indigenous lands, water and resources is also by far the issue that gives rise to most violent conflicts and to human rights violations committed by governments, police, mining companies, logging companies,... |
2005 |
| Monique Rizer |
Standing Bear Is a Person: the True Story of a Native American's Quest for Justice by Stephen Dando-collins Da Capo Press, Cambridge, Ma, 2004. 259 Pages, $26.00 |
52-SEP Federal Lawyer 54 (September, 2005) |
At the Little Bighorn battlefield in Montana, white grave markers dot the rolling hills, identifying the spots where soldiers were killed. Climbing the hill where Gen. George Custer and his men met their deaths, one has mixed emotions knowing that the Sioux and Cheyenne victory was short-lived and that the Indians paid a heavy price when the U.S.... |
2005 |
| Mark A. Ulfig |
State and Local Tax Exemption of Reacquired Indian Lands: City of Sherrill V. Oneida Indian Nation |
51 Wayne Law Review 1629 (Winter 2005) |
Even though native peoples once exercised dominion over the entire North American continent, today, property owned by Indian tribes represents only a small percentage of land held by private parties within the United States. Over the years, the amount of land owned by Indian tribes diminished as portions of their historic tribal land were claimed... |
2005 |
| Emily Kane |
State Jurisdiction in Idaho Indian Country under Public Law 280 |
48-JAN Advocate 10 (January, 2005) |
Throughout the history of the United States, federal policy regarding civil and criminal jurisdiction over Indians has oscillated between endorsing tribal self-determination and emphasizing assimilation and submission to federal law. Until 1953, however, application of state law in Indian country was the exception rather than the rule; tribal or... |
2005 |
| Kelly E. W. Grez |
Stepping onto the Reservation: the National Labor Relations Board's New Approach to Asserting Jurisdiction over Indian Tribes |
57 Administrative Law Review 1153 (Fall 2005) |
Introduction. 1154 I. Background. 1157 A. The NLRB's Regulating Authority. 1157 B. The Board's Prior Treatment of Its Jurisdiction over Tribal Enterprises. 1157 C. San Manuel Indian Bingo & Casino, Yukon Kuskokwim Health Corp., and the Board's New Jurisdictional Approach. 1160 II. Analyzing the New Jurisdictional Approach. 1162 A. The Crux of the... |
2005 |
| Steven R. Latterell |
Stopping the "Savage Indian" Myth: Dealing with the Doctrine of Laches in Lanham Act Claims of Disparagement |
80 Indiana Law Journal 1141 (Fall, 2005) |
Far out on the northern Great Plains, the tension between Euro-American and American Indian culture continues to unfold. In Grand Forks, North Dakota one of the nation's best college hockey teams, the University of North Dakota Fighting Sioux, plays in a newly-constructed hockey palace. Each of the seats in the more than 11,500 person-capacity... |
2005 |
| Angela R. Riley |
Straight Stealing: Towards an Indigenous System of Cultural Property Protection |
80 Washington Law Review 69 (February, 2005) |
Incidents involving theft of indigenous peoples' traditional knowledge and the blatant appropriation of culture have become more widely acknowledged in recent decades. It is now apparent that international, national, and tribal laws must work together to protect the cultural property of indigenous groups. However, tribal law, which... |
2005 |
| Aleksandr Shapovalov |
Straightening out the Backward Legal Regulation of "Backward" Peoples' Claims to Land in the Russian North: the Concept of Indigenous Neomodernism |
17 Georgetown International Environmental Law Review 435 (Spring, 2005) |
C1-3Contents I. Introduction. 435 II. Defining Indigenous Peoples in the Russian Federation. 437 III. Situation Facing Indigenous Peoples of the North of the Russian Federation. 442 IV. Past and Current Russian Legislation Regarding Indigenous Peoples. 447 V. Land, Territories, and Indigenous Peoples of the Russian North. 456 VI. Changing Approach... |
2005 |
| Sarah Palmer, Cherie Shanteau, Deborah Osborne |
Strategies for Addressing Native Traditional Cultural Properties |
20-FALL Natural Resources & Environment 45 (Fall, 2005) |
In the course of implementing federal land management actions a number of laws, such as the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), and the Clean Water Act (CWA), often come in to play. Frequently, management of public land also involves consideration of traditional values and uses of the land by American Indian,... |
2005 |
| Elizabeth M. Bakalar |
Subsistence Whaling in the Native Village of Barrow: Bringing Autonomy to Native Alaskans Outside the International Whaling Commission |
30 Brooklyn Journal of International Law 601 (2005) |
An Eskimo is born to be an Eskimo, and he may talk like the white man (my grandchildren do more and more), but he will never stop being part of our people. We're not just Eskimos anymore. That's what my grandmother told me. At first I didn't know what she meant, but now I do ... (s)he said I'd be lucky if I even remember when I'm older what it... |
2005 |
| Joseph William Singer |
Symposium Foreword: Indian Nations and the Law |
41 Tulsa Law Review Rev. 1 (Fall 2005) |
[The Indians'] right of occupancy is considered as sacred as the fee simple of the whites. Justice Henry Baldwin The United States has always been of two minds about Indian property. On one hand, it has almost never seen Indian lands that it did not covet; on the other hand, the reigning ideology suggested that property rights should be respected.... |
2005 |
| Anne Zimmermann |
Taxation of Indians: an Analysis and Comparison of New Mexico and Oklahoma State Tax Laws |
41 Tulsa Law Review 91 (Fall 2005) |
The field of taxation is one in which conflicts have continually arisen. Taxation involves almost every theory of law that can be imagined from sovereignty to civil jurisdiction, from property rights to special privileges of legislative bodies. In the field of Indian taxation the subject is much more complicated. Taxation involves tribal... |
2005 |
| Jessica Barkas |
Testing the Bomb: Disparate Impacts on Indigenous Peoples in the American West, the Marshall Islands, and in Kazakhstan |
13 University of Baltimore Journal of Environmental Law 29 (Fall, 2005) |
The dawn of the nuclear age allowed the United States to dominate the world by means of a terrible and persistent force of nature. The full fury of nuclear weaponry was first visited upon Hiroshima and Nagasaki in 1945. Those events sparked the subsequent arms race between the United States and Soviet Union, resulting in hundreds of nuclear tests... |
2005 |
| Gigi Berardi |
The Alaska Native Claims Settlement Act (Ancsa)--whose Settlement Was It? An Overview of Salient Issues |
25 Journal of Land, Resources, and Environmental Law 131 (2005) |
Why do we want forty million acres of hunting rights when we've got the whole state? On December 18, 1971, the Alaska Native Claims Settlement Act (ANCSA), was signed into law by Richard M. Nixon. ANCSA provided a federal land settlement extinguishing aboriginal claims to the state's 375 million acres of land and territorial waters by providing... |
2005 |
| Heidi Mcneil Staudenmaier , Andrew D. Lynch |
The Class Ii Gaming Debate: the Johnson Act Vs. The Indian Gaming Regulatory Act |
74 Mississippi Law Journal 843 (Winter 2005) |
This article seeks to accomplish three objectives. First, the issues relative to Class II gaming are analyzed to demonstrate the importance of, and incentive for, Class II gaming. Second, a historical background of relevant statutes, regulations and case law is provided to facilitate understanding of the basic issues involved in Class II gaming.... |
2005 |
| Robert J. Miller |
The Doctrine of Discovery in American Indian Law |
42 Idaho Law Review Rev. 1 (2005) |
The Doctrine of Discovery is an international law principle developed primarily by Spain, Portugal, England, and the Church in the fifteenth and early sixteenth centuries. These entities developed the Doctrine at that particular time to control and maximize European exploration and colonization in the New World and in other lands of non-European,... |
2005 |
| Fergus MacKay |
The Draft World Bank Operational Policy 4.10 on Indigenous Peoples: Progress or More of the Same? |
22 Arizona Journal of International & Comparative Law 65 (Spring, 2005) |
[R]evision of the safeguard policy on indigenous peoples is a fundamental test of the World Bank's commitment to poverty alleviation through sustainable development. Since the early 1980s, the World Bank Group (WBG) has adopted a number of policies -- referred to as safeguard policies -- designed to mitigate harm to indigenous peoples in... |
2005 |
| José Almeida Vinueza, Research Scholar, Latin American & Iberian Institute, The University of New Mexico |
The Ecuadorian Indigenous Movement and the Gutiérrez Regime: the Traps of Multiculturalism |
28 PoLAR: Political and Legal Anthropology Review 93 (May, 2005) |
Multiculturalism, interculturalism, and plurinationalism are central concepts used by the Ecuadorian indigenous movement in its struggle to achieve political, social, and economic justice. However, these same concepts have also been appropriated by the Ecuadorian state, by international development agencies, and even by transnational... |
2005 |
| Kevin K. Washburn |
The Federal Criminal Justice System in Indian Country and the Legacy of Colonialism |
52-APR Federal Lawyer 40 (March/April, 2005) |
The crime rate involving American Indians is soaring, and crime in Indian country may be exacerbated by a system that is designed to address it. In federalizing local crimes that have no national impact, the federal criminal justice system in Indian country creates a host of practical problems that calls into question whether the system is... |
2005 |
| Beverly Graleski |
The Federal Government's Failure to Provide Health Care to Urban Native Americans in Violation of the Indian Health Care Improvement Act |
82 University of Detroit Mercy Law Review 461 (Spring 2005) |
The Indian Health Care Improvement Act (IHCIA) was established in 1976 with the objective of improving the health condition of Native Americans. In 1992, Congress amended the IHCIA to express the policy of the United States to assure the highest possible health status for Indians and urban Indians and to provide all resources necessary to effect... |
2005 |
| Ronald Niezen |
The Indigenous Claim for Recognition in the International Public Sphere |
17 Florida Journal of International Law 583 (December, 2005) |
Among the most problematic and unstable forms of relationships between states or empires and their politically marginalized subjects are those relationships that legally recognize the distinctiveness of dominated peoples without this recognition extending to autonomous, political, or economic power. It might appear to cost dominant powers less, in... |
2005 |
| Bartolomé Clavero |
The Indigenous Rights of Participation and International Development Policies |
22 Arizona Journal of International & Comparative Law 41 (Spring, 2005) |
Under the current international regime, policies that affect indigenous peoples, including those of development assistance and cooperation, are illegitimate if they are negotiated without indigenous participation. Even though the traditional pattern or custom, which instead is one of indigenous exclusion, is still operative in form and substance.... |
2005 |
| Marina Hadjioannou |
The International Human Right to Culture: Reclamation of the Cultural Identities of Indigenous Peoples under International Law |
8 Chapman Law Review 201 (Spring 2005) |
The defence [sic] of cultural diversity is an ethical imperative, inseparable from respect for human dignity. It implies a commitment to human rights and fundamental freedoms, in particular the rights of persons belonging to minorities and those of indigenous peoples. Indigenous peoples across the globe have experienced a severe fragmentation of... |
2005 |
| Heidi McNeil Staudenmaier , Metchi Palaniappan |
The Intersection of Corporate America and Indian Country: Negotiating Successful Business Alliances |
22 Thomas M. Cooley Law Review 569 (Michaelmas Term 2005) |
As a result of the economic boom in American Indian gaming, the number of businesses seeking to engage in transactions with Indian tribes and tribal casinos has increased significantly in recent years. Indeed, some observers view the business of Indian gaming as akin to the Gold Rush of the 1800s in California. The success of tribal gaming is... |
2005 |
| Jerry R. Foxhoven |
The Iowa Indian Child Welfare Act: Clarification and Enhancement of the Federal Act |
54 Drake Law Review 53 (Fall 2005) |
I. Introduction. 53 II. The Applicability of the Act. 56 A. Type of Proceeding. 56 B. Status of the Child. 57 III. The Notice Requirement. 63 IV. The Rights of the Parties. 66 V. Transfer of Proceedings. 66 VI. Intervention. 68 VII. Evidentiary Requirements. 68 VIII. Placement Preferences. 72 IX. Conclusion. 75 In 1978 the United States Congress... |
2005 |
| Matthew L.M. Fletcher |
The Legal Fiction of the Lake Matchimanitou Indian School |
13 American University Journal of Gender, Social Policy and the Law 597 (2005) |
Historians, political scientists, sociologists and lawyers, in their respective academic languages, have documented the history of the conquest of the indigenous peoples of the Western Hemisphere, especially those of North America. The histories end with the final dispossession of lands from Indians and their tribes. Despite more than five... |
2005 |
| James Fife |
The Legal Framework for Indigenous Language Rights in the United States |
41 Willamette Law Review 325 (Spring, 2005) |
We need not conjecture about the possible implications of culturally and linguistically repressive policies; their tragic results are etched in our nation's soul .. The indigenous people, who have occupied the land from time beyond history and memory, constitute just over 0.1% of the national population. Despite its statistical insignificance in... |
2005 |
| Gregg Goldstein |
The Legal System and Wildlife Conservation: History and the Law's Effect on Indigenous People and Community Conservation in Tanzania |
17 Georgetown International Environmental Law Review 481 (Spring, 2005) |
C1-3Contents I. Introduction. 481 II. Indigenous People and The Environment. 485 III. Tanzanian Legal Framework. 488 A. The Court System. 488 B. Conservation in the Constitution. 489 C. Environmental Standing in the Courts. 491 IV. History of Conservation in Tanzania. 491 A. The German Period: 1884-1919. 492 B. The British Period: 1919-1961. 494 C.... |
2005 |
| Rebecca Tsosie |
The New Challenge to Native Identity: an Essay on "Indigeneity" and "Whiteness" |
18 Washington University Journal of Law and Policy 55 (2005) |
It has never seemed controversial that Native peoples in the United States are indigenous. In fact, pow-wow pundits often joke that in the 1940s, Indians were classified by U.S. census takers as being of the Mongolian race, and then, by the 1960s, they had their own American Indian category, until the 1980s, when they became Native... |
2005 |
| E. Andrew Long |
The New Frontier of Federal Indian Law: the United States Supreme Court's Active Divestiture of Tribal Sovereignty |
23 Buffalo Public Interest Law Journal L.J. 1 (2004-2005) |
A historically informed perspective reveals that the Supreme Court redefined tribal sovereignty over the last quarter century, despite its efforts to create the appearance of precedential consistency. While the changes have come piece by piece, the overall concept of tribal sovereignty currently guiding the Court is fundamentally different than the... |
2005 |
| E. Andrew Long |
THE NEW FRONTIER OF FEDERAL INDIAN LAW: THE UNITED STATES SUPREME COURT'S ACTIVE DIVESTITURE OF TRIBAL SOVEREIGNTY |
23 Buffalo Public Interest Law Journal 1 (2004-2005) |
A historically informed perspective reveals that the Supreme Court redefined tribal sovereignty over the last quarter century, despite its efforts to create the appearance of precedential consistency. While the changes have come piece by piece, the overall concept of tribal sovereignty currently guiding the Court is fundamentally different than the... |
2005 |
| Tama William Potaka |
The Political Rights and Status of Indigenous Peoples in the 21st Century |
29 American Indian Law Review 267 (2004-2005) |
This brief commentary raises potential issues for consideration in discussion concerning the political rights and status of indigenous peoples looking back and seeing forward. The commentary is divided into four sections: · Overview: Identifying potential motives for defining the political rights and status of indigenous peoples - as individuals... |
2005 |
| María Teresa Sierra , Center for Advanced Research and Studies in Social Anthropology (CIESAS), Mexico City |
The Revival of Indigenous Justice in Mexico: Challenges for Human Rights and the State |
28 PoLAR: Political and Legal Anthropology Review 52 (May, 2005) |
In this article I discuss two new expressions of indigenous justice in Mexico: the Juzgado Municipal Indígena of Cuetzalan in the state of Puebla and the Policía Comunitaria of the state of Guerrero. These expressions emerged in opposition to the impunity, corruption, and human rights violations that prevail in the state's administration of... |
2005 |
| Margaret Satterthwaite , Deena Hurwitz |
The Right of Indigenous Peoples to Meaningful Consent in Extractive Industry Projects |
22 Arizona Journal of International & Comparative Law L. 1 (Spring, 2005) |
A rights-based approach to development is one that explicitly ties development policies, objectives, projects and outputs to international human rights standards requiring, among others, that development be directed towards fulfilling human rights. Conversely, it is a proactive strategy for converting rights into development goals and standards.... |
2005 |
| Isabel Madariaga Cuneo |
The Rights of Indigenous Peoples and the Inter-american Human Rights System |
22 Arizona Journal of International & Comparative Law 53 (Spring, 2005) |
The protection and respect of the rights of indigenous peoples is an issue of special importance for the Inter-American Commission on Human Rights (Inter-American Commission) and the Inter-American Court of Human Rights (Inter-American Court), the main bodies of the Inter-American human rights system. In 1972, the Inter-American Commission held... |
2005 |
| Marco Palau |
The Struggle for Dignity, Land, and Autonomy: the Rights of Mexico's Indigenous People a Decade after the Zapatista Revolt |
36 Columbia Human Rights Law Review 427 (Spring 2005) |
On January 1, 1994, two major events occurred in Mexico. One was the entry into force of the North American Free Trade Agreement (NAFTA); the other, an armed rebellion deep in the Mexican state of Chiapas initiated by a group of indigenous people calling themselves Zapatistas. The former was expected, indeed welcomed, by many in Mexico and abroad,... |
2005 |
| Rob Roy Smith |
The Tribal Tax Man Cometh--recent Developments in Indian Taxation Law |
48-JAN Advocate 16 (January, 2005) |
Idaho is one of three jurisdictions currently on the front lines of Indian tax development. Recent cases indicate judicial willingness to further insulate tribes from state taxation while supporting tribes' power to tax non-Indians. When the average American uses the oft repeated phrase In this world, nothing is certain but death and taxes, If... |
2005 |
| David M. Smolin |
The Two Faces of Intercountry Adoption: the Significance of the Indian Adoption Scandals |
35 Seton Hall Law Review 403 (2005) |
Intercountry adoption has pressed into the public consciousness in two contradictory ways. On the one hand, intercountry adoption is presented as a heart-warming act of good will that benefits both child and adoptive family. The child is characterized as a bereft orphan doomed to a dismal future within a poor country. All the child needs is a... |
2005 |
| James P. Mills |
The Use of Hiring Preferences by Alaska Native Corporations after Malabed V. North Slope Borough |
28 Seattle University Law Review 403 (Winter, 2005) |
In 1971, Congress passed the Alaska Native Claims Settlement Act (ANCSA), granting Alaska Natives title to 40 million acres of land and nearly a billion dollars in exchange for extinguishing their claims to Alaskan land. ANCSA authorized the creation of two tiers of Native corporations, regional and village, to receive the settlement offer on... |
2005 |
| Laughlin McDonald |
The Voting Rights Act in Indian Country: South Dakota, a Case Study |
29 American Indian Law Review 43 (2004-2005) |
The problems that Indians continue to experience in South Dakota in securing an equal right to vote strongly support the extension of the special provisions of the Voting Rights Act scheduled to expire in 2007. They also demonstrate the ultimate wisdom of Congress in making permanent and nationwide the basic guarantee of equal political... |
2005 |
| Galit A. Sarfaty |
The World Bank and the Internalization of Indigenous Rights Norms |
114 Yale Law Journal 1791 (May, 2005) |
Introduction. 1792 I. How the World Bank Shapes Domestic Law. 1796 A. Policy Conditionalities. 1797 B. Operational Policies. 1798 II. Operationalizing the Bank's Indigenous Peoples Policy: A Case Study of a Loan to Morocco. 1801 A. Deciding Who Are Indigenous Peoples. 1802 B. Domestic Political and Legal Constraints. 1804 C. Civil Society Activism.... |
2005 |
| Matthew L.M. Fletcher |
Theoretical Restrictions on the Sharing of Indigenous Biological Knowledge: Implications for Freedom of Speech in Tribal Law |
14-SPG Kansas Journal of Law & Public Policy 525 (Spring, 2005) |
Together, my parents and I stepped into our front yard and stared up into the sky. We saw the big planes roar noisily through the rough air above the reservation. We saw the soldiers step from the bellies of those planes and drop toward the earth. We saw a thousand parachutes open into a thousand green blossoms. All over the Spokane Indian... |
2005 |
| James R. Dalton |
There Is Nothing Light about Feathers: Finding Form in the Jurisprudence of Native American Religious Exemptions |
2005 Brigham Young University Law Review 1575 (2005) |
The First Amendment's protection of religious freedom is among the most cherished, most fundamental, and most debated facets of modern American constitutional law. The Amendment and the often fierce debate surrounding its reach are colored by deeply rooted American traditions of faith and spirituality. For example, the first permanent European... |
2005 |
| Lawrence R. Baca |
Thirty Years of Federal Indian Law |
52-APR Federal Lawyer 28 (March/April, 2005) |
Thirty years ago, in April 1976, the Indian Law Committee of the Environment, Energy, and Natural Resources Section of the Federal Bar Associaion sponsored the first Indian Law Conference in Phoenix. Phoenix was a logical choice, because Arizona has lots of Indian country, is home to 17 Indian tribes, and Indian reservations make up 26 percent of... |
2005 |
| Ezra Rosser |
This Land Is My Land, this Land Is Your Land: Markets and Institutions for Economic Development on Native American Land |
47 Arizona Law Review 245 (Summer 2005) |
When NASA was preparing for the Apollo project, they did some astronaut training on a Navajo Indian reservation. One day, a Navajo elder and his son were herding sheep and came across the space crew. The old man, who only spoke Navajo, asked a question, which his son translated. What are the guys in the big suits doing? A member of the crew said... |
2005 |
| Rajendra Singh Chikara |
Transfer Pricing in Indian Banks |
16 Journal of International Taxation 34 (August, 2005) |
The author evaluates the existing models of transfer pricing used by Indian banks, based on responsibility accounting, and suggests a new and superior model. Transfer pricing is an essential tool for judging the contribution of a division to the profitability of an enterprise as a whole. It is an offshoot of divisionalization, which is a special... |
2005 |
| MacKenzie T. Batzer |
TRAPPED IN A TANGLED WEB UNITED STATES V. LARA: THE TROUBLE WITH TRIBES AND THE SOVEREIGNTY DEBACLE |
8 Chapman Law Review 283 (Spring 2005) |
Stretched across the upper part of the doorway was a big spiderweb, and hanging from the top of the web, head down, was a large grey spider. She was about the size of a gumdrop. She had eight legs . . . I'm not as flashy as some . . . but I'm near-sighted. Indigenous peoples have been present on United States soil even before the nation became... |
2005 |
| Joel A. Holt |
Treat All Men Alike : an Analysis of United States V. White Mountain Apache Tribe and Suggestions for True Reparation |
38 Akron Law Review 413 (2005) |
Great nations, like great men, should keep their word. In 1492, Christopher Columbus landed on the shores of the New World. He brought with him dreams of gold, a sword, fire and disease. In doing so, he began the systematic annihilation of the Western Hemisphere's indigenous people. The torture and genocide of Native Americans, motivated by... |
2005 |
| Joel A. Holt |
TREAT ALL MEN ALIKE : AN ANALYSIS OF UNITED STATES V. WHITE MOUNTAIN APACHE TRIBE AND SUGGESTIONS FOR TRUE REPARATION |
38 Akron Law Review 413 (2005) |
Great nations, like great men, should keep their word. In 1492, Christopher Columbus landed on the shores of the New World. He brought with him dreams of gold, a sword, fire and disease. In doing so, he began the systematic annihilation of the Western Hemisphere's indigenous people. The torture and genocide of Native Americans, motivated by... |
2005 |
| Max Minzner |
Treating Tribes Differently: Civil Jurisdiction Inside and Outside Indian Country |
6 Nevada Law Journal 89 (Fall 2005) |
Indian tribes are not all alike. Tribes range in size from tremendous to tiny. Some gaming tribes have per capita incomes that rival the richest towns in the United States while other tribes are some of the poorest communities in the country. Some tribes have adopted tribal court systems that largely mimic those present in the states surrounding... |
2005 |