| Author | Title | Citation | Summary | Year |
| Robert Laurence |
Don't Think of a Hippopotamus: an Essay on First-year Contracts, Earthquake Prediction, Gun Control in Baghdad, the Indian Civil Rights Act, the Clean Water Act, and Justice Thomas's Separate Opinion in United States V. Lara |
40 Tulsa Law Review 137 (Fall 2004) |
Last year, one of those annoying e-mail games was going around. Answer the following questions. Don't scroll down. There followed a series of questions that turned out to be mostly distractions: Whose picture is on the $10 bill? What's the highest big city east of the Mississippi River? Who was born first, Mozart or Washington? Aristotle or... |
2004 |
| Terrill Pollman |
Double Jeopardy and Nonmember Indians in Indian Country |
82 Nebraska Law Review 889 (2004) |
I. Introduction. 889 II. Background. 895 A. Demographics in Indian Country. 895 B. Double Jeopardy and the Dual Sovereignty Doctrine in Indian Country. 899 1. The Dual Sovereignty Doctrine. 899 2. United States v. Wheeler. 902 C. Criminal Jurisdiction in Indian Country. 906 1. Criminal Jurisdiction in Indian Country. 907 2. Oliphant v. Suquamish... |
2004 |
| Danna R. Jackson |
Eighty Years of Indian Voting: a Call to Protect Indian Voting Rights |
65 Montana Law Review 269 (Summer 2004) |
Shiprock, New Mexico May 6, 1946 I, Mrs. Julia Denetclaw C#22698, hereby certify that on May 6, 1946 I appeared at the Shiprock Public School, Shiprock, New Mexico for the purposes of registering to vote in the coming elections. I was there refused permission to register. I have been a resident of the State of New Mexico 48 years; the County of San... |
2004 |
| Elizabeth Zaiden Mazzarella |
Employment Law: Dawavendewa V. Salt River Project Agricultural Improvement and Power District: the Need for Congressional Change in Native American Hiring Preferences |
28 American Indian Law Review 413 (2003-2004) |
C1-3Table of Contents I. Introduction. 413 II. National Origin Defined in Title VII. 414 A. Overview of Title VII. 414 B. Case History: Courts' Explanations of National Origin. 416 C. Title VII's Application toward Employment on Indian Reservations. 417 III. Indian Self-Determination Act. 420 IV. Dawavendewa v. Salt River Project Agricultural... |
2004 |
| Scott A. Taylor |
Enforcement of Tribal Court Tax Judgments Outside of Indian Country: the Ways and Means |
34 New Mexico Law Review 339 (Spring, 2004) |
Full faith and credit for tribal court judgments in state courts and the reverse situation, state court judgments enforced through tribal courts, have received substantial scholarly attention, much of which I discuss in part I of this article. No commentators, however, have looked at the full faith and credit question from the point of view of... |
2004 |
| Kristen Marttila Gast |
Environmental Justice and Indigenous Peoples in the United States: an International Human Rights Analysis |
14 Transnational Law & Contemporary Problems 253 (Spring 2004) |
I. Introduction. 253 II. Environmental Justice History and Definitions. 256 III. The Insufficiency of the Existing U.S. Framework for Addressing Environmental Justice Issues. 258 A. Equal Protection Clause. 258 B. Civil Rights Act and Related Agency Regulations. 260 C. Executive Order 12898. 262 D. Winning an Environmental Justice Suit. 263 IV.... |
2004 |
| Dan Murdock |
Ethical Implications in Indian Law |
28 American Indian Law Review 313 (2003-2004) |
It is indeed a privilege for me to be able to come back and stand here. When I was in law school here, we were not in this luxurious palace in which you law students have the opportunity to study. It certainly pleases me to be back here. I would like to acknowledge Kyle Taylor for the preparation of those materials that you have been provided. Kyle... |
2004 |
| Seval Yildirim |
Expanding Secularism's Scope: an Indian Case Study |
52 American Journal of Comparative Law 901 (Fall 2004) |
Since September 11, 2001, the relationship between religion and world politics has become a most contested issue, especially in the context of developing nations. Disagreements about the role of religion in the new nation's laws constituted a major delaying factor in the drafting of the Afghani constitution. Similar disagreements remain a major... |
2004 |
| Kevin K. Washburn |
Federal Law, State Policy, and Indian Gaming |
4 Nevada Law Journal 285 (Winter 2003/2004) |
Indian tribes have been something of an enigma in the federal Constitutional scheme for more than 200 years. In Worcester v. Georgia, Chief Justice John Marshall indicated that federal law and treaties contemplated Indian territory as completely separated from that of the states. Although the Supreme Court now recognizes that ordinarily Indian... |
2004 |
| James P. McIlroy |
Fisheries: Fishers, Natives, Sportsmen, States, and Provinces |
30 Canada-United States Law Journal 179 (2004) |
MR. McILROY: Thank you very much, Dr. King. Good morning. My name is Jim McIlroy; and on this balmy Saturday morning, I salute you all for coming here so early. I have the pleasure of presiding a session that is very provocatively titled, Fisheries. There are at least five actors involved in this session: Fishers, Natives, Sportsmen, States and... |
2004 |
| David A. Colson |
Fisheries: Fishers, Natives, Sportsmen, States, and Provinces |
30 Canada-United States Law Journal 181 (2004) |
Good morning. Thank you, Jim. Thank you, Dr. King, for inviting me to this conference once again. And it is always a pleasure to be on the same platform with Don McRae. It is true that fish do not respect boundaries, but some fish wear flags on their back, and they stray into other people's territory from time to time, creating problems. As noted,... |
2004 |
| Donald M. Mcrae |
Fisheries: Fishers, Natives, Sportsmen, States, and Provinces |
30 Canada-United States Law Journal 189 (2004) |
Thank you, Jim, for your introduction. And thank you, Henry, for inviting me, again, particularly since I know a couple years ago when you invited me, I cancelled at the last minute. And I appreciate nevertheless of being invited back. I want to follow along from what David Colson was talking about in terms of the complexity of entering into... |
2004 |
| Lauryne Wright |
Focusing on American Indians in Cultural Resource Preservation Laws |
47-AUG Advocate 20 (August, 2004) |
To us the ashes of our ancestors are sacred and their resting place is hallowed ground. Our religion is the tradition of our ancestors--the dreams of our old men, given them in the solemn hours of night by the Great Spirit; and the visions of our sachems; and is written in the hearts of our people. Seathl, Duwamish chief In the past 30 years,... |
2004 |
| Joshua Fershee |
From Self-determination to Self-domination: Native Americans, Western Culture, and the Promise of Constitutional-based Reform |
39 Valparaiso University Law Review Rev. 1 (Fall, 2004) |
The Indian Problem or Aboriginal Problem is a deeply ingrained part of American culture. It is worth noting what should be obvious: Indian Problem is itself a loaded phrase. Written from a Canadian perspective, this reality is aptly explained as follows: Identifying [the problem] as an Aboriginal problem inevitably places the onus on... |
2004 |
| Mishael A. Danielson, Alexis Pimentel |
Give Them Their Due: an African-american Reparations Program Based on the Native American Federal Aid Model |
10 Washington and Lee Race and Ethnic Ancestry Law Journal 89 (Spring, 2004) |
Numerous scholarly publications discuss the controversial topic of reparations for descendants of slaves in America. The works expound on possible justifications, moral implications, societal effects, and consequential feasibility of implementing a reparations program. The leading justification focuses on descendents' right to compensation for the... |
2004 |
| Steve Cusick |
Giving the Abenaki Dead Their Due: a Proposal to Protect Native American Burial Sites in Vermont |
28 Vermont Law Review 467 (Winter, 2004) |
Abenaki tradition holds that disturbing the bones of buried ancestors will visit discord upon the living. That discord has perhaps arrived--if one considers the legal and social conflict created over the past thirty years by the periodic disturbance of human remains unearthed in development projects along Monument Road in Franklin County, Vermont.... |
2004 |
| Shubhankar Dam |
Green Laws for Better Health: the past That Was and the Future That May Be - Reflections from the Indian Experience |
16 Georgetown International Environmental Law Review 593 (Summer, 2004) |
C1-3Contents I. Introduction. 593 II. Locating the Source of Environmental Law in India. 596 III. The Making of Green Laws in India. 597 IV. Pollution Control Boards: A Tale of Inefficient Implementation. 601 V. Environmental Adventurism: A Judicial Cleaning up of the Environment. 605 VI. Conclusion. 612 |
2004 |
| Michelle Sibley |
Has Oregon Tightened the Perceived Loopholes of the Native American Graves Protection and Repatriation Act?--bonnichsen V. United States |
28 American Indian Law Review 141 (2003/2004) |
In our nation's past, the trade in Native American artifacts was a profitable business. This lucrative trade often led to egregious abuses of American Indian remains and burial sites. In 1990, Congress enacted the Native American Graves Protection and Repatriation Act (NAGPRA or the Act) with a twofold purpose: to return to Native American tribes... |
2004 |
| David E. Cahn |
Homeless for Generations: Land Rights for the Chocoe Indians from Mogue, Panama |
28 Fordham International Law Journal 232 (December, 2004) |
If [I] tell [you] what [has] been going on [I will] be killed. Such a quote illustrates the desperation with which the Chocoe Indians of the Darien Jungle in Panama from the Mogue Village live. This fear comes after the brutal murder of one Chocoe Indian who was found with his tongue cut out because he threatened to expose a suspected Chocoe... |
2004 |
| Sherry Hutt |
If Geronimo Was Jewish: Equal Protection and the Cultural Property Rights of Native Americans |
24 Northern Illinois University Law Review 527 (Summer 2004) |
C1-3Table of Contents I. Application of the Equal Protection Clause to Native Americans. 528 II. A Short History of Indian Law: Special is Not Equal. 532 III. Geronimo: From Arizona to Florida. 536 IV. If Geronimo Was Jewish. 539 V. If Geronimo Was a Rap Star: Intellectual Property Law Versus Intangibles in Natural Law. 551 VI. If Geronimo Was an... |
2004 |
| Matthew L.M. Fletcher |
IN PURSUIT OF TRIBAL ECONOMIC DEVELOPMENT AS A SUBSTITUTE FOR RESERVATION TAX REVENUE |
80 North Dakota Law Review 759 (2004) |
In the crime film The Usual Suspects, the characters investigate the existence and identity of a mysterious Turkish criminal mastermind known as Keyser Soze. During the film, the police interrogate a petty criminal crippled by cerebral palsy named Verbal Kint who spins a web of stories about Soze after being arrested during a murderous, violent... |
2004 |
| Prv Raghavan |
Indian Budget 2004-2005 |
15 Journal of International Taxation 36 (November, 2004) |
Although the Budget proposes to simplify procedures for registration and operations and raise the investment ceiling for foreign institutional investors, additional levies of service tax and education cess could lead to increased cost of production and inflation. Union Finance Minister P. Chidambaram presented the Union Budget for 2004-2005, the... |
2004 |
| Prv Raghavan |
Indian Corporate Laws--companies (Second Amendment) Act, 2002 |
15 Journal of International Taxation 52 (July, 2004) |
The government of India, in its efforts to align Indian corporate laws with the growing needs of Indian businesses in a global economy, introduced the Companies (Amendment) Bill, 2001, into the Lok Sabha on August 21, 2001, by Arun Jaitley, then Union Minister of Law, Justice, and Company Affairs. The bill, having been passed by both Houses of... |
2004 |
| Edwin Kneedler |
Indian Law in the Last Thirty Years: How Cases Get to the Supreme Court and How They Are Briefed |
28 American Indian Law Review 274 (2003-2004) |
Thank you, Lindsay Robertson, Dean Coats, and Trevor Furlong. Thank you very much for inviting me. I am really delighted to be here. I'm still trying to recover from rather rigorous questioning on Wednesday at the argument in Lara. I am very pleased to be here talking about this topic, because one of the great privileges of my professional career... |
2004 |
| Bethany R. Berger |
Indian Policy and the Imagined Indian Woman |
14-FALL Kansas Journal of Law & Public Policy 103 (Fall, 2004) |
Twenty-six years after the United States Supreme Court decided Santa Clara Pueblo v. Martinez, the case continues to generate cries that the federal government has abandoned Indian women in the name of Indian culture. This outrage is in part generated by the sense that, as Judith Resnik puts it, that the case was an easy one for the Supreme... |
2004 |
| |
Indian Rights |
2003-04 Preview of United States Supreme Court Cases 534 (8/9/2004) |
Does Congress have the constitutional power to relax restrictions that the political branches have, over time, placed on the exercise of a tribe's inherent legal authority to bring a criminal misdemeanor prosecution against an Indian who is not a member of that tribe? Yes. The Court ruled that the Constitution grants Congress broad powers to... |
2004 |
| C.A. Gupta and Vijay Dhingra |
Indian Supreme Court Rules on Residency under India-mauritius Tax Treaty |
15 Journal of International Taxation 42 (June, 2004) |
The Supreme Court of India, in a landmark decision of October 7, 2003, upheld the validity of Circular No. 789 issued by the Central Board of Direct Taxes (CBDT), which provides that a certificate of tax residence issued by the Mauritius government should be regarded as sufficient evidence of residence in determining whether the residency... |
2004 |
| |
Indian Tribal Government Not an Eligible S Corporation Shareholder |
6 No.4 BUSINESS ENTITIES 53 (July/August, 2004) |
In Rev. Rul. 2004-50, 2004-22 IRB 1, the IRS ruled that a federally recognized Indian tribal government is not an eligible S corporation shareholder. Very generally, under Section 1361(b)(1)(B), only individuals, estates, certain trusts, and certain tax-exempt entities described in Sections 401(a) and 501(c)(3) can be shareholders of S... |
2004 |
| Christopher Barrett Bowman |
Indian Trust Fund: Resolution and Proposed Reformation to the Mismanagement Problems Associated with the Individual Indian Money Accounts in Light of Cobell V. Norton |
53 Catholic University Law Review 543 (Winter, 2004) |
I [had] never seen more egregious misconduct by the federal government, now at the conclusion of the second contempt trial, I stand corrected. The Department of Interior has truly outdone itself this time. These rather harsh comments were written by U.S. District Court Judge Royce C. Lamberth in a recent opinion in connection with the... |
2004 |
| Angela R. Riley |
Indigenous Peoples and the Promise of Globalization: an Essay on Rights and Responsibilities |
14-FALL Kansas Journal of Law & Public Policy 155 (Fall, 2004) |
In the past two decades, the world has entered a new age of globalization. As cutting-edge technology becomes more accessible and the swift dissemination of information increases, indigenous groups and local communities are becoming more connected to dominant societies. At the same time, however, the process of globalization is simultaneously... |
2004 |
| Mattias Ahrén |
Indigenous Peoples' Culture, Customs, and Traditions and Customary Law - the Saami People's Perspective |
21 Arizona Journal of International & Comparative Law 63 (Spring, 2004) |
Indigenous peoples have, for a long time, been among the poorest and most marginalized in the world. During the last two decades, however, the international community has increasingly recognized the particular needs and concerns of indigenous peoples. However, in spite of the increased attention directed toward the particular situation of... |
2004 |
| Dominique Legros |
Indigenous Peoples' Self-determination and the Broken Tin Kettle Music of Human Rights and Liberal Democracy |
16 Florida Journal of International Law 579 (September, 2004) |
Legal experts are always under the decisionist pressure to discuss normative questions with cases to be decided. - Jurgen Habermas Fortunately, anthropologists do not face too many such decisionist constraints. So to be really serious, what truly democratic and innovative transitions could be enacted in North and South American nation-states for... |
2004 |
| Nicholas Olmsted |
Indigenous Rights in Botswana: Development, Democracy and Dispossession |
3 Washington University Global Studies Law Review 799 (2004) |
The Central Kalahari Game Reserve, one of the largest conserved areas in Africa, encompasses tens of thousands of square kilometers of arid lands in Botswana that for millenia have been inhabited by San groups indigenous to southern Africa. Despite the ancient and close relationship between the San and the Kalahari region, the government of... |
2004 |
| Megan M. Carpenter |
Intellectual Property Law and Indigenous Peoples: Adapting Copyright Law to the Needs of a Global Community |
7 Yale Human Rights and Development Law Journal 51 (2004) |
The definition and scope of intellectual property and associated laws are under intense debate in the emerging discourse surrounding intellectual property and human rights. These debates primarily arise within the context of indigenous peoples' rights to protection and ownership of culturally specific properties. It is true that intellectual... |
2004 |
| S. James Anaya |
International Human Rights and Indigenous Peoples: the Move Toward the Multicultural State |
21 Arizona Journal of International & Comparative Law 13 (Spring, 2004) |
Indigenous peoples and the cultural attributes that define them have survived with great resilience in the face of tremendous adversity suffered through centuries, despite the designs of both early colonizers and more recent liberal assimilationists. They have survived as they have striven to maintain the cultural integrity that makes them... |
2004 |
| C. Raj Kumar |
International Human Rights Perspectives on the Fundamental Right to Education--integration of Human Rights and Human Development in the Indian Constitution |
12 Tulane Journal of International and Comparative Law 237 (Spring 2004) |
This Article provides for a legal, jurisprudential, and constitutional foundation for developing the right to education in India. The right to education is specifically addressed from an international human rights perspective and the Indian constitutional perspective. The Article underscores the need for ensuring that the right to education is... |
2004 |
| |
Interview with Michael F. Brown, Author of Who Owns Native Culture? |
3 Journal of High Technology Law L. 1 (2003-2004) |
Marren Sanders: Professor Brown, thank you so much taking time out of your busy schedule to speak with me. Could you tell us what led you to write about indigenous peoples and heritage as a protected resource? Professor Michael Brown: Sure. There's a little bit of autobiography in the book. Most of my fieldwork and research prior to 1990 was in... |
2004 |
| Danielle R. LaPierre, Editor-in-Chief |
Introduction to Indigenous Law Symposium Transcripts |
31 Syracuse Journal of International Law and Commerce 65 (Winter 2004) |
The Center for Indigenous Law, Governance and Citizenship was established in 2003 at Syracuse University College of Law under the direction of Robert Odawi Porter. The Center has four main goals: (1) To conduct research relating to the citizenship rights and responsibilities of Indigenous peoples in the United States, Canada, and throughout the... |
2004 |
| Robert Travis Willingham |
Inyo County, California V. Paiute - Shoshone Indians of the Bishop Community of the Bishop Colony and § 1983 Actions by Indian Tribes |
72 UMKC Law Review 765 (Spring, 2004) |
Even in today's society, there are constant allegations of individuals being denied their civil rights as guaranteed under the U.S. Constitution andfederal laws. A federal suit under 42 U.S.C. § 1983 provides a way to vindicate those rights, to receive compensation for the denial of such rights and to punish those who have violated those rights.... |
2004 |
| Elizabeth G. Bourlon |
Inyo County, California V. Paiute-shoshone Indians of the Bishop Community of the Bishop Colony, 523 U.s. 701 (2003) |
33 Stetson Law Review 701 (Winter, 2004) |
An Indian tribe does not qualify as a person under Title 42 United States Code Section 1983, and, therefore, cannot bring a claim under that Section for deprivation of its rights. The Bishop Paiute Indian Tribe in California operated a tribal gaming organization, the Paiute Palace Casino. The Inyo County California Department of Health and Human... |
2004 |
| Molly McDonough |
Ip Goes Indian |
3 No.16 ABA Journal E-Report E-Report 6 (4/23/2004) |
Proofreading patents has always been an undesirable but necessary part of Steve Lundberg's intellectual property practice. For years, the tedious task of checking for typos and tracing amendments through mountains of documentation fell to staffers willing to take the work home at night and on weekends. The 55-lawyer Minneapolis firm--Schwegman,... |
2004 |
| Elizabeth Schulte |
Is Nuclear Waste Coming to Utah? An In-depth Look at Skull Valley Band of Goshute Indians V. Leavitt |
24 Journal of Land, Resources, and Environmental Law 115 (2004) |
The history of nuclear waste in America is tumultuous--especially as it pertains to the West. Although disposing of nuclear waste is a national problem, the real battles are often fought at the local level where the waste will be stored. The decision in Skull Valley Band of Goshute Indians v. Leavitt illustrates this point. The story of frustration... |
2004 |
| Summer Kupau |
Judicial Enforcement of "Official" Indigenous Languages: a Comparative Analysis of the Mori and Hawaiian Struggles for Cultural Language Rights |
26 University of Hawaii Law Review 495 (Summer, 2004) |
I ka 'olelo no ke ola; I ka 'olelo no ka make. In the language rests life; In the language rests death. Ka ngaro te reo, ka ngaro taua, pera i te ngaro o te Moa. (If the language be lost, man will be lost, as dead as the moa.) In his 1993 federal employment discrimination lawsuit, Native Hawaiian attorney William E.H. Tagupa, although fluent in the... |
2004 |
| Larry Betz, Donna Budnick |
Labor and Employment Law and American Indian Tribes |
83-JUL Michigan Bar Journal 15 (July, 2004) |
The recent growth of American-Indian casinos and tribal economic development in Michigan has generated many employment opportunities for American Indians and non-American Indians alike. The often misunderstood concepts of tribal sovereignty and jurisdiction have left many experienced labor and employment law practitioners wondering how state and... |
2004 |
| Frank Pommersheim |
Lara: a Constitutional Crisis in Indian Law? |
28 American Indian Law Review 299 (2003-2004) |
Frank Pommersheim, whom I am absolutely delighted agreed to come and speak today to us, is a law professor at the University of South Dakota School of Law. He is known widely for his charm, wit and scholarship in Indian Law. I have heard him speak a number of times and have enjoyed each of those events. He has been teaching at South Dakota since... |
2004 |
| Mark J. Cowan |
Leaving Money on the Table(s): an Examination of Federal Income Tax Policy Towards Indian Tribes |
6 Florida Tax Review 345 (2004) |
I. L2-5,T5Introduction 347 II. L2-5,T5Current Federal Income taxation of Indian Tribes: Avoid The Issue and Lose The Revenue 351 A. L3-5,T5The Ruling Trinity 352 1. L4-5,T5Revenue Ruling 67-284 353. a. Taxation of Individual Indians. 353 b. Taxation of Indian Tribes. 355 2. L4-5,T5Revenue Ruling 81-295 356. 3. L4-5,T5Revenue Ruling 94-16 359. B.... |
2004 |
| Thomas V. Panoff |
Legislative Reform of the Indian Trust Fund System |
41 Harvard Journal on Legislation 517 (Summer, 2004) |
On June 10, 1996, Elouise Pepion Cobell, a member of the Blackfeet Tribe of Montana, filed a class-action lawsuit against the federal government seeking an accurate accounting of trust funds that the government maintains for more than 300,000 individual Native Americans. The class-action lawsuit on behalf of all present and former Individual Indian... |
2004 |
| Chidi Oguamanam |
Localizing Intellectual Property in the Globalization Epoch: the Integration of Indigenous Knowledge |
11 Indiana Journal of Global Legal Studies 135 (Summer, 2004) |
The search for appropriate modalities for the protection of indigenous or traditional knowledge is a subject of contemporary international law and policy discourse. As a primary mechanism for the allocation of rights over knowledge, Western or conventional intellectual property rights (IPRs) provide the conceptual platform in this ongoing inquiry.... |
2004 |
| Celia M., Rumann, &, Jon M. Sands, Celia M. Rumann is an, Assistant Professor of, Law, University of St., Thomas, School of Law,, Minneapolis, Jon M. Sands is an, Assistant Federal Public, Defender, District of, Arizona, Both authors were, members of the |
Lost in Incarceration: the Native American Advisory Group's Suggested Treatment for Sex Offenders |
2004 Federal Sentencing Reporter 2189133 (2/1/2004) |
Federal prosecutions for all types of sex offenses have been increasing. This is a result of shifting prosecutorial priorities, both from the Department of Justice and from Congress, as related to child pornography, traveler child sex cases, sexual tourism, sex slavery, prostitution, and sexual offenses that arise from areas of exclusive... |
2004 |
| Eric Jonathan Lacey |
MANIFEST DESTINY'S NEW FACE: "SOFT-SELLING" TRIBAL HERITAGE LANDS FOR TOXIC WASTE |
92 Georgetown Law Journal 405 (January, 2004) |
In November 2001, thousands of members of the Shoshone-Bannock Tribe left the Fort Hall Indian Reservation and poured into Pocatello, Idaho. Children cashed thousand-dollar checks to buy shoes, toys, and candy. Adults cashed $6,500 checks and bought cars, snowmobiles, guns, and clothes. Others refilled bank accounts with much-needed cash. In a... |
2004 |