| Author | Title | Citation | Summary | Year |
| Terrion L. Williamson |
THE PLIGHT OF "NAPPY-HEADED" INDIANS: THE ROLE OF TRIBAL SOVEREIGNTY IN THE SYSTEMATIC DISCRIMINATION AGAINST BLACK FREEDMEN BY THE FEDERAL GOVERNMENT AND NATIVE AMERICAN TRIBES |
10 Michigan Journal of Race and Law 233 (Fall 2004) |
INTRODUCTION. 234 I. Background. 237 A. Freedmen Within the Seminole Nation. 237 B. Davis v. United States. 239 C. Freedmen Within the Cherokee, Creek, Choctaw, and Chickasaw Nations. 240 1. Cherokee Freedmen. 240 2. Creek Freedmen. 241 3. Choctaw and Chickasaw Freedmen. 242 D. The Legacy of Slavery in the United States. 243 1. Remnants of Slavery.... |
2004 |
| Sarah Deer |
Toward an Indigenous Jurisprudence of Rape |
14-FALL Kansas Journal of Law & Public Policy 121 (Fall, 2004) |
But to speak, at whatever the cost, is to become empowered rather than victimized by destruction. In our tribal cultures the power of language to heal, to regenerate, and to create is understood. Joy Harjo, Muscogee This article is inspired by the conversations about sexual violence I have had with Native women over the past few years. It is also... |
2004 |
| William H. Rodgers, Jr. |
Treatment as Tribe, Treatment as State: the Penobscot Indians and the Clean Water Act |
55 Alabama Law Review 815 (Spring 2004) |
(T)he Penobscot Tribe of Indians (is declared) to be enemies,rebels and traitors to his Majesty. Proclamation of War, Colony of Massachusetts, Council Chamber in Boston, November 3, 1755 The Indians say, that the (Penobscot) river once ran both ways, one half up and the other down, but, that since the white man came, it all runs down, and now... |
2004 |
| Amy Radon |
Tribal Jurisdiction and Domestic Violence: the Need for Non-indian Accountability on the Reservation |
37 University of Michigan Journal of Law Reform 1275 (Summer 2004) |
Domestic violence is a severe problem for tribes across the nation, as their female members are victimized at highly disproportionate rates compared to members of dominant society. Many tribes have sophisticated domestic violence codes to combat the problem, but they are powerless to prosecute the majority of those who will abuse Indian women: non-... |
2004 |
| Judith Resnik |
TRIBES, WARS, AND THE FEDERAL COURTS: APPLYING THE MYTHS AND THE METHODS OF MARBURY v. MADISON TO TRIBAL COURTS' CRIMINAL JURISDICTION |
36 Arizona State Law Journal 77 (Spring, 2004) |
C1-3Table of Contents I. Constitutionalism as Reasoning About Constraint. 78 II. Federal Indian Law and the Problems of Authority. 93 III. Difference, Assimilation, and Sovereignty. 96 IV. Jurisdiction by Distrust of the Other Court System. 102 V. Jurisdiction by Political Affiliation. 111 VI. Sources of Sovereignty, Double Jeopardy, and... |
2004 |
| by Melissa L. Tatum |
United States |
2003-04 Preview of United States Supreme Court Cases 214 (1/5/2004) |
The issue in this case is whether the Double Jeopardy Clause prevents the federal government from prosecuting a nonmember Indian for the same activity to which he pled guilty in tribal court. To resolve that issue, however, the Court must decide how to interpret a federal statute in which Congress recognized and affirmed the inherent power of... |
2004 |
| Bethany R. Berger |
United States V. Lara as a Story of Native Agency |
40 Tulsa Law Review Rev. 5 (Fall 2004) |
Like our ancestors, we must do battle for the rights of our tribes, for our survival as Indian nations and Indian people. Like they did, we must wage war on every front where our rights are threatened. American politics is one such battleground--a vast one, an important one, perhaps the most important one. If we retreat from that theater, can we... |
2004 |
| Alex Tallchief Skibine |
United States V. Lara, Indian Tribes, and the Dialectic of Incorporation |
40 Tulsa Law Review 47 (Fall 2004) |
The United States Supreme Court in United States v. Lara upheld the power of Congress to reaffirm and recognize the inherent power of Indian tribes to prosecute non-member Indians. Congressional action in this area became necessary after the Supreme Court in Duro v. Reina held that Indian tribes had been implicitly divested of the inherent power to... |
2004 |
| Alex Tallchief Skibine |
UNITED STATES V. LARA, INDIAN TRIBES, AND THE DIALECTIC OF INCORPORATION |
40 Tulsa Law Review 47 (Fall 2004) |
The United States Supreme Court in United States v. Lara upheld the power of Congress to reaffirm and recognize the inherent power of Indian tribes to prosecute non-member Indians. Congressional action in this area became necessary after the Supreme Court in Duro v. Reina held that Indian tribes had been implicitly divested of the inherent power to... |
2004 |
| Kurt R. Moser |
Water Quality Standards and Indian Tribes: Are Tribes Afraid of Clean Water? |
8 University of Denver Water Law Review 27 (Fall, 2004) |
I. L2-4,T4Introduction 27 II. L2-4,T4State Challenges to EPA Delegations of Water Quality Regulatory Authority to Tribes 29 A. L3-4,T4Facts and Background 31. 1. The Sokaogon (or Mole Lake) Band of Lake Superior Chippewa Indians. 31 2. Treatment as a State and the CWA. 32 3. EPA's Application of the Montana Test. 32 4. Wisconsin's Argument. 34 5.... |
2004 |
| Annalisa Jabaily |
Water Rites: a Comparative Study of the Dispossession of American Indians and Palestinians from Natural Resources |
16 Georgetown International Environmental Law Review 225 (Winter, 2004) |
C1-4Contents I. L2-3,T3Introduction 226. II. L2-3,T3Early Rites: Strands of Regulatory Methods that Precede Israel and the United States 227. A. Some Examples of Resource Regulation under the Ottoman Empire. 227 B. Some Examples of American Indian Resource Regulation. 231 III. L2-3,T3Rites of Passage: The Legal and Ideological Banishment of... |
2004 |
| Robert Laurence |
What Could American Indian Law Possibly Have to Do with the Issue of Gay-marriage Recognition?: Definitional Jurisprudence, Equal Protection and Full Faith and Credit |
24 Northern Illinois University Law Review 563 (Summer 2004) |
C1-3Table of Contents Introduction. 563 I. Indians and Equal Protection. 565 II. Defining a Tribe and a Marriage. 569 III. Cross-Boundary Differences, the Theory of Boundaries and the Perils of Full Faith and Credit. 576 IV. Conclusion: The Dominant Society From Two Different Perspectives. 584 |
2004 |
| Ann C. Juliano |
What Is the Federal Government's Trust Responsibility Towards Removed and Unremoved Indian Nations? |
31 Syracuse Journal of International Law and Commerce 71 (Winter 2004) |
The question of removed and unremoved Indian nations competing with each other arises here in New York in the context of the land claims. There is also a land claim which has been filed in Pennsylvania. There are no federally recognized tribes in Pennsylvania and thus, there is an issue of a removed tribe returning to exercise jurisdiction. This... |
2004 |
| Suzanne Milchan |
Whose Rights Are These Anyway?--a Rethinking of Our Society's Intellectual Property Laws in Order to Better Protect Native American Religious Property |
28 American Indian Law Review 157 (2003/2004) |
In 1999, outrage among the Zia Pueblo peoples within New Mexico escalated over pervasive and unauthorized usage of their religious symbol, an image of a red circle and lines extending outward in four different directions - the Zia Sun. This sacred symbol appeared on snacks, [shirts], buildings and businesses, and, what would be considered... |
2004 |
| Matthew Baumgartner , Elizabeth Ann Kronk |
Winner, Best Appellate Brief in the 2003 Native American Law Student Association Moot Court Competition |
28 American Indian Law Review 237 (2003/2004) |
1. Is the federal criminal indictment and prosecution of Petitioner, an enrolled member of the Rosebud Sioux Tribe, for his role in burglarizing a private residence on the Cheyenne Sioux Reservation barred by the Fifth Amendment's guarantee against double jeopardy following his conviction for the same crime in tribal court? 2. Does Petitioner's... |
2004 |
| Caitlin E. Borgmann |
Winter Count: Taking Stock of Abortion Rights after Casey and Carhart |
31 Fordham Urban Law Journal 675 (March, 2004) |
In 1973, the United States Supreme Court decided Roe v. Wade, the landmark case that established the right to abortion as a fundamental constitutional right. The Court faced its first real opportunity to reverse that monumental decision a mere sixteen years later. In Webster v. Reproductive Health Services, the State of Missouri and the United... |
2004 |
| Lori H. Peoples |
A Call for Uniform Regulation of Intentional Introductions of Non-indigenous Species: the Suminoe Oyster |
81 North Carolina Law Review 2433 (September, 2003) |
The introduction of any non-indigenous species can result in serious environmental and economic harms across large geographic areas. Presently, there is no regulatory framework in North Carolina that would allow persons to object to potentially dangerous introductions of non-indigenous species. The potential introduction of the Suminoe oyster along... |
2003 |
| Marvin L. Simner , Angelo Marcelli , Sergey Ablameyko , Klaus W. Lange , Jairo Rocha , Oliver Tucha , Katsuhiko Ueda |
A Comparison of the Arabic Numerals One Through Nine, Written by Adults from Native English-speaking Vs. Non-native English-speaking Countries |
15 Journal of Forensic Document Examination Examination 1 (Fall, 2003) |
The purpose of this investigation was to examine the hypothesis that when Arabic numerals appear on a questioned document such as a check or passport application, it may be possible to determine if the document was written by a foreign author. In line with the hypothesis, the evidence revealed reliable differences among certain numerical... |
2003 |
| Pedro Juan Windsor Jr. |
A Cry for Freedom: Borikén (Puerto Rico) & Indigenous Nations in America |
7 Journal of Gender, Race and Justice 439 (Fall 2003) |
I. Introduction II. The Supreme Court: Judicial Justification for Imperialism A. Domestic Imperialism: Indigenous Nations & the Supreme Court 1. Johnson v. M'Intosh (1823) 2. U.S. v. Rogers (1846) 3. U.S. v. Kagama (1886) 4. Lone Wolf v. Hitchcock (1903) B. International Imperialism: Puerto Rico & the Supreme Court 1. Downes v. Bidwell (1901) 2.... |
2003 |
| Gabriel S. Galanda |
A Need to Know Indian Law |
64-NOV Oregon State Bar Bulletin 62 (November, 2003) |
In late September, another several hundred citizens successfully transitioned through the Oregon legal community's rite of passage - the state bar examination. The exam tests, or threatens to test, over 25 substantive areas of law. Applicants for admission must stand prepared to analyze principles fundamental to the Anglo-American legal system,... |
2003 |
| John C. Miller, Christopher P. Guzelian |
A Spectrum Revolution: Deploying Ultrawideband Technology on Native American Lands |
11 CommLaw Conspectus 277 (2003) |
While most Americans depend on cell phones and the Internet, many Native American tribes still lack access to adequate telecommunications services. The recent development of ultrawideband (UWB) technology, which operates by utilizing spectrum occupied by existing radio services, could provide tribes with access to high-speed, wireless... |
2003 |
| Luke R. Spellmeier |
A Winning Hand or Time to Fold? State Taxation of Fuel Sales on Kansas Indian Reservations |
43 Washburn Law Journal 141 (Fall 2003) |
Indian travel plaza fuel stops have been popping up on Indian reservations in Kansas as well as the rest of the country. These businesses have been extremely successful, mainly because of their ability to avoid the imposition of state fuel taxes. The financial windfall created for Indian tribes is immeasurable, yet it comes at a steep cost to the... |
2003 |
| Galen Lemei |
Abandoning the Pia Standard: a Comment on Gila V |
9 Michigan Journal of Race and Law 235 (Fall 2003) |
INTRODUCTION. 236 I. The History and Scope of Indian Reserved Rights. 238 A. Water in the Western United States and the Prior Appropriations Doctrine. 238 B. The Origin of Federal Reserved Rights: Winters v. United States. 239 C. Arizona I and the Practicably Irrigable Acreage Standard for Quantifying Indian Reserved Rights. 241 D. Cases Since... |
2003 |
| Andrew P. Richards |
Aboriginal Title or the Paramountcy Doctrine? Johnson V. Mcintosh Flounders in Federal Waters off Alaska in Native Village of Eyak V. Trawler Diane Marie, Inc. |
78 Washington Law Review 939 (August, 2003) |
In Johnson v. McIntosh and its progeny, the United States Supreme Court established the principle that aboriginal title allows Indian tribes to exclusively use and occupy their territories after they come under United States sovereignty. In Native Village of Eyak v. Trawler Diane Marie, Inc., five Alaska Native villages asserted... |
2003 |
| Larry E. Scrivner |
Acquiring Land into Trust for Indian Tribes |
37 New England Law Review 603 (Spring 2003) |
Thank you. I do not know how to follow that very passionate presentation that we just heard, so if you want to go to sleep I will understand. First of all, I want to say thank you to the New England School of Law for asking the Bureau of Indian Affairs (BIA) to participate in this Symposium. The BIA always welcomes the opportunity to explain its... |
2003 |
| Nancy Kubasek |
Amending the Endangered Species Act as If the Native American Land Ethic Mattered |
14 Fordham Environmental Law Journal 241 (Spring 2003) |
When nature ceases to be an object of contemplation and admiration, it can be nothing more than material for an action that aims at transforming it. Albert Camus' words speak to one of the most pressing issues of our day: how are the actions of humans, especially those in the modern industrial world, affecting our planet? Some human... |
2003 |
| Inbal Sansani |
American Indian Land Rights in the Inter-american System: Dann V. United States |
10-WTR Human Rights Rts. 2 (Winter, 2003) |
On July 29, 2002, the Inter-American Commission on Human Rights (Commission), an organ of the Organization of American States (OAS) headquartered in Washington, D.C., released its long-awaited preliminary merits report to the public, stating that the U.S. government is violating international human rights in its treatment of Western Shoshone elders... |
2003 |
| Bryan H. Wildenthal |
American Indian Tribes Enter the New Millennium |
25 Thomas Jefferson Law Review 593 (Summer 2003) |
Reviewing Stephen L. Pevar, The Rights of Indians and Tribes (Southern Illinois University Press, 3d ed. 2002). 421 pp. $15.00. September 17, 1987 marked the 200th anniversary of the signing of the United States Constitution, replete with self-congratulatory celebrations of America's long history of liberty under the rule of law - well, for some... |
2003 |
| |
Amici Curiae Brief to the United States Supreme Court on Behalf of the University of Michigan Asian Pacific American Law Students Association, Black Law Students' Alliance, Latino Law Students Association, and Native American Law Students Association, in |
10 Michigan Journal of Gender & Law L. 1 (2003) |
Editorial Introduction. 2 Biographies of Student Contributors. 3 Brief of the University of Michigan Asian Pacific American Law Students Association, Black Law Students' Alliance, Latino Law Students Association, and Native American Law Students Association as Amici Curiae in Support of Respondents in Grutter v. Bollinger, et. al.. 7 I. Interest of... |
2003 |
| Amanda B. Westphal |
An Argument in Favor of Abrogating the Use of the Best Interests of the Child Standard to Circumvent the Jurisdictional Provisions of the Indian Child Welfare Act in South Dakota. |
49 South Dakota Law Review 107 (2003) |
The South Dakota Supreme Court has always recognized the needs of the children are paramount and that their best interests must prevail. However, in cases dealing with the Indian Child Welfare Act the South Dakota Supreme Court has the right answer but to the wrong question. Under ICWA, the question state court judges should be asking is not what... |
2003 |
| Ann M. Little, Colorado State University |
Ann Marie Plane, Colonial Intimacies: Indian Marriage in Early New England, Ithaca: Cornell University Press, 2000. Pp. Xv + 243. $39.95 (Isbn 0-8014-3291-x) |
21 Law and History Review 630 (Fall, 2003) |
Women's historians and historians of Native Americans have become practiced at making much out of a very thin base of sources. Anne Marie Plane's Colonial Intimacies: Indian Marriage in Early New England offers a treasure of evidence and anecdotes about Native American women's and family history, reflecting years of dedication to researching a... |
2003 |
| Robert Laurence |
Antipodean Reflections on American Indian Law |
20 Arizona Journal of International & Comparative Law 533 (Fall, 2003) |
Travel narrows. - Morris Zapp As Morris Zapp observes, travel as a liberal or liberating phenomenon is overrated. Too often travelers see what they expect to see, and take from their experiences away from home mere justifications for the prejudices they left with. Conservatives tend to discover abroad rationalizations for their conservatism;... |
2003 |
| Eric S. Lent |
Are States Beating the House?: the Validity of Tribal-state Revenue Sharing under the Indian Gaming Regulatory Act |
91 Georgetown Law Journal 451 (January, 2003) |
The Indian gaming industry has exploded since Congress enacted the Indian Gaming Regulatory Act (IGRA) in 1988. By the year 2000, gross revenues from Indian gaming exceeded $10.6 billion, up from approximately $100 million before the passage of IGRA. This is an increase of more than two thousand percent over twelve years. Of course, the number of... |
2003 |
| Eric S. Lent |
ARE STATES BEATING THE HOUSE?: THE VALIDITY OF TRIBAL-STATE REVENUE SHARING UNDER THE INDIAN GAMING REGULATORY ACT |
91 Georgetown Law Journal 451 (January, 2003) |
The Indian gaming industry has exploded since Congress enacted the Indian Gaming Regulatory Act (IGRA) in 1988. By the year 2000, gross revenues from Indian gaming exceeded $10.6 billion, up from approximately $100 million before the passage of IGRA. This is an increase of more than two thousand percent over twelve years. Of course, the number of... |
2003 |
| Gabriel S. Galanda |
Arizona Indian Law |
39-JAN Arizona Attorney 24 (January, 2003) |
An earlier version of this article appeared in Trial News, June 2002, © Washington State Trial Lawyers Association. Reprinted and revised with permission. Over the past decade, the 21 federally recognized Indian tribes in Arizona have become major players in local, state and national economies. Arizona tribes are aggressively creating and operating... |
2003 |
| Karen K. Narasaki, Vincent A. Eng, Terry M. Ao, National Asian Pacific American Legal Center, Mark A. Packman, Attorney of Record, Jonathan M. Cohen, Robert Thoron Taylor, Joel E Greer, Gilbert Heintz, Randolph |
Brief of Amici Curiae National Asian Pacific American Legal Consortium, Asian Law Caucus, Asian Pacific American Legal Center, et Al. , in Support of Respondents in Barbara Grutter, Petitioner, V. Lee Bollinger, et Al., Respondents and Jennifer Gratz, et |
10 Asian Law Journal 295 (May, 2003) |
The National Asian Pacific American Legal Consortium (NAPALC) is a national, nonprofit, nonpartisan organization whose mission is to advance the legal and civil rights of Asian Pacific Americans. NAPALC is committed to supporting affirmative action as a way of ensuring equal opportunities for women and minorities. Joining NAPALC as amici curiae... |
2003 |
| |
Brief of Amici Curiae, the New Mexico Hispanic Bar Association, the New Mexico Black Lawyers Association, and the New Mexico Indian Bar Association |
14 Berkeley La Raza Law Journal 51 (Spring 2003) |
Edward Benavidez Counsel of Record 10428 Heron Rd. SW, ABQ, NM 87121 505-831-5293 David Urias 1 New York Plaza, NY, NY 10004 Ernestina Cruz 500 Marquette NW, ABQ, NM 87102 Amici curiae are three organizations together representing over five hundred New Mexico attorneys, most of whom self identify as Hispanic, African American or Native American.... |
2003 |
| Joseph William Singer |
CANONS OF CONQUEST: THE SUPREME COURT'S ATTACK ON TRIBAL SOVEREIGNTY |
37 New England Law Review 641 (Spring 2003) |
We desire you to consider, brothers, that our only demand is the peaceable possession of a small part of our once great country. Look back and review the lands from whence we have been driven to this spot. We can retreat no farther . . .. When the Supreme Court decided Bush v. Gore on December 12, 2000, the entire country paid attention. The Court... |
2003 |
| George Jackson III |
Chickasaw Nation V. United States and the Potential Demise of the Indian Canon of Construction |
27 American Indian Law Review 399 (2002-2003) |
On November 27, 2001, the Supreme Court decided Chickasaw Nation v. United States, ruling that §§ 4401(a)(1) and 4411 of the Internal Revenue Service Code of 1986 (I.R.C. or the Code) applied to pull-tab gaming activities conducted on tribal land. The Court heard this case on a writ of certiorari from the Tenth Circuit, which in April 2000, also... |
2003 |
| Graydon Dean Luthey, Jr. , of the Oklahoma Bar |
Chickasaw Nation V. United States: the Beginning of the End of the Indian-law Canons in Statutory Cases and the Start of the Judicial Assault on the Trust Relationship? |
27 American Indian Law Review 553 (2002-2003) |
The significance of Chickasaw Nation v. United States arguably transcends the obscure question of statutory construction involving federal taxation of tribal pull-tab operations that the decision resolves. The Court in Chickasaw Nation, in a clever assault on the primacy of the Indian canons of construction, through an unprecedented reading out of... |
2003 |
| Douglas R. Nash , Christopher P. Graham |
Cobell V. Norton - Indian Trust Fund Management Litigation Takes Center Stage |
46-MAR Advocate 15 (March, 2003) |
Over the past seven years, litigation has literally raged in the United States District Court for the District of Columbia over the federal government's mismanagement of Indian trust funds. The final outcome of this litigation, which may be years in the future, will have far-reaching impacts on the government's trust obligations to Indian people... |
2003 |
| Samara D. Anderson |
Colonialism Continues: a Comparative Analysis of the United States and Brazil's Exploitation of Indigenous Peoples' Forest Resources |
27 Vermont Law Review 959 (Summer, 2003) |
We indigenous people have been the guardians of Mother Earth until now. We don't want the march of progress and economic ambition to inflict further wounds. On the contrary, we want to find new allies, allies for the survival of our planet. Despite the well-known prophesy that [t]hose who do not know history are doomed to repeat it, history is... |
2003 |
| Ann C. Juliano |
Conflicted Justice: the Department of Justice's Conflict of Interest in Representing Native American Tribes |
37 Georgia Law Review 1307 (Summer, 2003) |
Father, I feel the conflict within you-Luke Skywalker There is no conflict-Darth Vader. Return of the Jedi (Lucas Film Ltd. 1983). The Department of Justice takes a very Darth Vader-like position in its representation of Native American tribes. The Department of Justice refuses to recognize the existence of a conflict between its obligations to... |
2003 |
| |
Constitutional Law -- Voting Rights -- Native Hawaiians -- Ninth Circuit Invalidates Office of Hawaiian Affairs Trustee Requirement. -- Arakaki V. Hawaii, 314 F.3d 1091 (9th Cir. 2002) |
116 Harvard Law Review 2694 (June, 2003) |
Recent debates over slavery reparations and affirmative action have trained a spotlight on the issue of redressing historical wrongs committed against discrete communities. Because so many historical rights violations occurred on the basis of race or ethnicity, attempts to remedy these wrongs often employ racial classifications. Courts have found... |
2003 |
| Judith G. Greenberg |
Criminalizing Dowry Deaths: the Indian Experience |
11 American University Journal of Gender, Social Policy and the Law 801 (2003) |
Introduction. 801 I. Background: The Anti-Dowry Violence Criminal Laws. 805 II. Problem One: Enforcement Through a Criminal Justice System not Trained in the Dynamics of Domestic Violence. 809 III. Problem Two: Criminalizing only Dowry Violence Implies that other Forms of Domestic Violence Against Women are Acceptable. 818 IV. Problem Three:... |
2003 |
| Martha Vazquez , Taiawagi “Tai” Helton , Paul Frye , Gloria Valencia-Weber , Samuel Winder , John Echohawk , Moderator |
Current Issues in Native American Law |
51 University of Kansas Law Review 249 (February, 2003) |
JUDGE VAZQUEZ: Okay. Well, forty-five minutes is pretty brief considering the topic that we have today. We have some very impressive speakers and their materials are in the back of the room. There will not be time for them to go over their materials but they are fabulous materials and I urge you to look them over and take them home with you. I am a... |
2003 |
| Heather Chamberlain |
Daniel Mccool, Native Waters: Contemporary Indian Water Settlements and the Second Treaty Era, the University of Arizona Press, Tucson (2002); 237pp; $45.00; Isbn 0-8165-2227-8, Hardcover. |
7 University of Denver Water Law Review 129 (Fall 2003) |
Native Waters evaluates the cultural, economic, and ecological effects of Indian/Anglo water settlements. The second treaty era refers to settlement agreements between tribes and their Anglo neighbors over Indian water rights reserved during the creation of tribal reservations. Typically during settlements, tribes have given away a portion of... |
2003 |
| Lisa Valenta |
Disconnect: the 1988 Brazilian Constitution, Customary International Law, and Indigenous Land Rights in Northern Brazil |
38 Texas International Law Journal 643 (Special 2003) |
I. Introduction. 643 II. Constitutional Protection and the Statutory Scheme. 647 A. Constitutional Contradiction. 650 B. Presidential Decree. 652 III. The Scope of the Situation: A Sampling of Violence and Disease Rampant in the Amazon. 653 A. Municipalities, Local Politicians, and the Lower Courts. 654 B. The Police. 655 C. Miners, Loggers, and... |
2003 |
| Rion Ramirez |
Doing Business in Indian Country |
46-MAR Advocate 23 (March, 2003) |
This article sets forth some of the issues to be considered and addressed by non-tribal parties when entering into commercial transactions with federally recognized Indian tribes or tribal entities; business enterprises controlled by tribes; or Indian-owned, reservation-based business enterprises. Indian tribes are organized in different ways. The... |
2003 |
| Richard W. Tomeo |
Drs Issues Comprehensive Ruling on Transactions Involving Indian Tribes |
13-JUL Journal of Multistate Taxation and Incentives 29 (July, 2003) |
CONNECTICUT The Connecticut Department of Revenue Services (DRS) has issued a comprehensive ruling (Conn. Legal Rul. 2002-3, 5/29/02) addressing the application of the state's sales and use and certain other taxes to purchases and sales involving Indian tribes and, in particular, tribes maintaining casinos in the state located on tribal land. This... |
2003 |