| Author | Title | Citation | Summary | Year |
| Mark D. Myers |
FEDERAL RECOGNITION OF INDIAN TRIBES IN THE UNITED STATES |
12 Stanford Law and Policy Review 271 (Spring 2001) |
Presently, the recognition process is widely misunderstood. . .as conferring legitimacy. Recognition is a certification and documentation process, not a transformative one; it is analogous to a citizen's obtaining a passport, not an alien's naturalization. I personally would like to speak for our tribe. We feel like we are twenty years behind... |
2001 |
| Billee Elliott McAuliffe |
Forcing Action: Seeking to "Clean Up" the Indian Trust Fund: Cobell V. Babbit, 30 F. Supp. 2d 24 (D.d.c. 1998). |
25 Southern Illinois University Law Journal 647 (Spring, 2001) |
The American Indian Policy Review Commission . . . described the United States trust responsibility as one of the most important concepts in federal Indian law, despite its murky origins' and inexact applications. The trust relationship and the accompanying duties have continually evolved since 1831, when it was first articulated in Cherokee... |
2001 |
| Alex Tallchief Skibine |
High Level Nuclear Waste on Indian Reservations: Pushing the Tribal Sovereignty Envelope to the Edge? |
21 Journal of Land, Resources,and Environmental Law 287 (2001) |
Private Fuel Storage (PFS), a private consortium of utilities has petitioned the Nuclear Regulatory Commission (NRC) for a license to temporarily store up to 4,000 casks containing about 40,000 metric tons of spent nuclear fuel (SNF) at a site located on the Goshute Skull Valley Indian Reservation. Under the proposal, the tribe would lease its land... |
2001 |
| Richard B. Bilder, AsbjØrn Eide, Norwegian Institute of Human Rights |
Human Rights of Indigenous Peoples. Edited by Cynthia Price Cohen. Ardsley Ny: Transnational Publishers, 1998. Pp. Xix, 442. $115 |
95 American Journal of International Law 260 (January, 2001) |
During the last two decades, indigenous peoples have been receiving increased attention within international law and international organizations. Cynthia Price Cohenthe editor of Human Rights of Indigenous Peoples and a leading authority on children's rightsis to be commended for bringing together such a fine group of scholars and practitioners... |
2001 |
| Katherine Topulos, Mabel Shaw, Edward Bennett Williams Library, Georgetown University Law Center, Washington, D.C. |
Human Rights of Indigenous Peoples. Edited by Cynthia Price Cohen. Ardsley, New York: Transnational Publishers, 1998. Pp. 442. Isbn 0-941320-93-6. Us$115.00 |
29 International Journal of Legal Information 149 (Spring, 2001) |
This publication is a collection of essays authored by conference participants of the Sovereignty Symposium, an annual conference sponsored by the Oklahoma State Supreme Court and originally focused solely on American Indian law. Cynthia Price Cohen, editor and contributor, was instrumental in establishing an active international section and... |
2001 |
| David I. Gold |
I Know You're the Government's Lawyer, but Are You My Lawyer Too? An Exploration of the Federal-native American Trust Relationship and Conflicts of Interest |
19 Buffalo Public Interest Law Journal L.J. 1 (2000-2001) |
While present at a Dartmouth College symposium on federal Indian law, Governor James Sappier of the Penobscot Nation posed the following question to Ralph Tarr, then Solicitor of the Department of the Interior: Governor Sappier: I know you're the government's lawyer. Are you my lawyer? Solicitor Tarr: When our interests are congruent, when I can... |
2001 |
| Larry EchoHawk , Tessa Meyer Santiago |
Idaho Indian Treaty Rights: Historical Roots and Modern Applications |
44-OCT Advocate 15 (October, 2001) |
Five tribes currently live within the borders of Idaho. Most of these tribes, at some point in their history, participated in a treaty-making process with the United States government. During this process, the United States exchanged the promise of future support for the millions of acres of land occupied by the tribes under aboriginal title. Many... |
2001 |
| Douglas B.L. Endreson |
Improving the Legislative Process in Indian Country Through Use of Tribal Legislative Fora |
12 Stanford Law and Policy Review 267 (Spring 2001) |
Implementation of a legislative forum would enhance tribal self-governance and minimize challenges to tribal authority. In the last thirty years, Indian ribes have achieved extraordinary gains in the pursuit of self-governance in Congress and the courts. These gains reflect the centrality of the principles of tribal sovereignty to Indian tribes'... |
2001 |
| Katharine R. Boyce |
Incentive Payment Program Expands Federal Subcontracting Opportunities for Indian Country |
48-APR Federal Lawyer 38 (March/April, 2001) |
For nearly 10 years, Congress has appropriated funds for the Department of Defense to make Indian Incentive Payments to contractors which award subcontracts to business enterprises owned by Native Americans, Alaskan Natives, Indian tribes, and Alaskan Native corporations to encourage as much contracting with Native-owned entities as possible. The... |
2001 |
| Cynthia Ford |
Including Indian Law in a Traditional Civil Procedure Course: a Reprise, Five Years Later |
37 Tulsa Law Review 485 (Winter 2001) |
I am honored to have been asked to write a piece for this symposium. I believe strongly in the need to mainstream Indian law issues into the traditional law school curriculum, and I am glad to have the opportunity to reflect on my more recent experiences teaching Indian law subjects in my traditional law school courses. In 1996, I published a piece... |
2001 |
| |
Indian Law |
2000-01 Preview of United States Supreme Court Cases 468 (8/2/2001) |
For Case Analysis: See ABA preview 337 (March 13, 2001) Can an Indian tribe waive sovereign immunity by entering into a contract containing an arbitration clause? Yes. The Court ruled that the tribe was amenable to a state-court suit to enforce an arbitral award in favor of a contractor. From the unanimous opinion by Justice Ginsburg: The... |
2001 |
| |
Indian Law |
2000-01 Preview of United States Supreme Court Cases 468 (8/2/2001) |
For Case Analysis: See ABA preview 292 (March 13, 2001) May an Indian tribe tax a transaction occurring between two non-Indians on non-Indian fee land within the reservation? No. The Court ruled that the Navajo Nation's imposition of a hotel occupancy tax upon non-members on non-Indian fee land within its reservation was invalid. From the unanimous... |
2001 |
| |
Indian Law |
2000-01 Preview of United States Supreme Court Cases 469 (8/2/2001) |
For Case Analysis: See ABA preview 297 (March 13, 2001) May a tribal court assert jurisdiction over civil claims against state officials who entered tribal land to execute a search warrant against a tribe member suspected of having violated state law outside the reservation? No. The Court ruled that the tribal court did not have jurisdiction to... |
2001 |
| |
Indian Law |
16-SUM Natural Resources & Environment 324 (Summer, 2001) |
Suagee, D. and Lowndes, J., Due Process and Public Participation in Tribal Environmental Programs, 13 Tulane Environmental Law Journal 1 (1999). In this article, the authors analyze due process and public participation in the environmental context of American jurisprudence and analyze the applicability to Indian law jurisprudence in the United... |
2001 |
| Kenneth H. Bobroff |
Indian Law in Property: Johnson V. M'intosh and Beyond |
37 Tulsa Law Review 521 (Winter 2001) |
First-year law students are most likely to encounter Indian law in their Property class. Indeed, one of the foundational Indian law cases, Johnson v. M'Intosh, is at the root of title for most real property in the United States. A good number of Property casebooks include this 178 year-old decision, often as the first case of the semester. Indian... |
2001 |
| P.S. Deloria |
Indian Natural Resource Issues in an Orderly System |
41 Natural Resources Journal 549 (Summer, 2001) |
Indian tribes will be posing--and facing--a number of issues in the future having to do with land and natural resources. A few tribes have unresolved claims to ownership of land now claimed by others. Many tribes have not yet fully established the measure of their water rights. Tribes are asking for a share of the power generated by hydroelectric... |
2001 |
| David H. Getches |
Indian Reserved Water Rights: the Winters Doctrine in its Social and Legal Context, 1880s-1930s. By John Shurts. Norman: University of Oklahoma Press. 2000. Pp. Xv, 333. $39.95. |
99 Michigan Law Review 1473 (May, 2001) |
A single, century-old court decision affects the water rights of nearly everyone in the West. The Supreme Court's two-page opinion in Winters v. United States sent out shock waves that reverberate today. By formulating the doctrine of reserved water rights, the Court put Indian tribes first in line for water in an arid region. Priority is... |
2001 |
| Robert D. Probasco |
Indian Tribes, Civil Rights, and Federal Courts |
7 Texas Wesleyan Law Review 119 (Spring 2001) |
I. Introduction. 119 II. Background. 122 A. Indian Tribes and Sovereignty. 122 B. Civil Rights and Indians. 126 C. Martinez. 128 D. Getting Around Martinez. 132 III. General Considerations. 135 A. Federalists, Nationalists, and the Parity Principle. 135 B. Sovereigns in a Foreign Forum. 141 C. How Much Deterrence Is Enough?. 144 IV. Evidence of... |
2001 |
| Petra Rethmann |
Indigenous Autonomy and its Problems: a Vision from the Russian Far East |
14 Saint Thomas Law Review 411 (Winter, 2001) |
This essay discusses one vision of self-determination among Luoravetlan women and men in the Chukotka peninsula in the Russian Far East. Self-determination can have many meanings, but the one this essay emphasizes is based on tradition: on the intricate connections between humans, animals, and land, with shared premises, close kin groups, and local... |
2001 |
| Michelle Bougdanos |
Indigenous Peoples and Un Aid: a Country's First Inhabitants Are No Longer Last in Line |
17 New York Law School Journal of Human Rights 931 (Summer 2001) |
The UN envisions a world that is human-centred and genuinely democratic, where all human beings are full participants and determine their own destinies. -- Millennium Forum Final Declaration In 1982, the United Nations established the Working Group on Indigenous Populations to investigate and address the human rights issues affecting indigenous... |
2001 |
| Patrick Macklem |
Indigenous Rights and Multinational Corporations at International Law |
24 Hastings International and Comparative Law Review 475 (Spring 2001) |
Indigenous peoples confronting multinational corporate activity that adversely affects their interests occupy an ambiguous position in international law. Much of international law governs relations among sovereign states by and through a distribution of sovereignty constructed on an exclusion of indigenous peoples from the community of nations. In... |
2001 |
| Gail Osherenko |
Indigenous Rights in Russia: Is Title to Land Essential for Cultural Survival? |
13 Georgetown International Environmental Law Review 695 (Spring, 2001) |
I. L2-3,T3Introduction 695. II. L2-3,T3Indigenous Peoples in the Russian Federation 698. A. History. 698 B. Contrasting Legal Histories in 19th Century United States and Russia. 700 C. The Constitutional Basis of Indigenous Rights in Russia. 702 III. L2-3,T3International Law on Indigenous Rights 703. A. U.N. Covenant on Civil and Political Rights.... |
2001 |
| Jack F. Williams |
Integrating American Indian Law into the Commercial Law and Bankruptcy Curriculum |
37 Tulsa Law Review 557 (Winter 2001) |
Indian tribes have experienced a resurgence of commercial activity both on and off Indian country. Tribal leaders have identified commercial and economic development as a top priority because it provides revenue and jobs for tribal governments and members. For example, gaming revenues in 1997 exceeded over $6.4 billion, with revenues increasing at... |
2001 |
| Barbara P. Blumenfeld |
Integrating Indian Law into a First Year Legal Writing Course |
37 Tulsa Law Review 503 (Winter 2001) |
Since 1986, I often have assigned my second semester 1L legal writing students an open research appellate problem involving relatively complex Indian law issues. While teaching at Wayne State University Law School the problems went only to students in my writing sections: generally between forty and fifty first year students. At University of New... |
2001 |
| Erica-Irene Daes |
Intellectual Property and Indigenous Peoples |
95 American Society of International Law Proceedings 143 (April 4-7, 2001) |
At the outset, I should like to express my gratitude to the organizers of this important meeting for inviting me to deliver a lecture on the theme, Intellectual Property and Indigenous Peoples. I should like to begin with making the following introductory remarks. Indigenous peoples today stand at the crossroads of globalization. In many ways,... |
2001 |
| Siegfried Wiessner |
Intellectual Property and Indigenous Peoples: an Overview |
95 American Society of International Law Proceedings 151 (April 4-7, 2001) |
Subsequent to Professor Erica Daes' lecture, this panel was convened at 10:30 a.m., Friday, April 6, 2001, by its Chair, Professor Siegfried Wiessner, who introduced the panelists: S. James Anaya, Samuel M. Fegtly Professor of Law, University of Arizona, James E. Rogers College of Law; Professor Russel Lawrence Barsh, New York University and First... |
2001 |
| Advocate V.K. Unni |
Internet Service Provider's Liability for Copyright Infringement- How to Clear the Misty Indian Perspective |
8 Richmond Journal of Law and Technology 13 (Fall 2001) |
ABSTRACT 1. INTRODUCTION 2. WHAT IS AN ISP? 3. WHEREIN LIES THE TRUTH? 4. THE LIABILITY OF ISPs--A LIVELY TOPIC 5. THE AMERICAN PERSPECTIVE 5.1 Playboy Enterprises, Inc. v Frena 5.2 RTC v Netcom 5.3 Playboy Enterprises, Inc. v. Hardenburgh 6. THE DMCA MAIN PROVISIONS 7. THE POSITION IN AUSTRALIA 7.1 The Earlier Position 7.2 The Copyright Amendment... |
2001 |
| Frank Shockey |
Invidious American Indian Tribal Sovereignty: Morton V. Mancari Contra Adarand Constructors, Inc., V. Pena, Rice V. Cayetano, and Other Recent Cases |
25 American Indian Law Review 275 (2000-2001) |
To import generic equal protection theories . . . into federal Indian law constitutes an error of significant magnitude, for it confuses a puzzling, conceptually intractable, and little-understood corner of public law with its mainstream. Professor Philip Frickey, among other commentators, has expressed concern about the continuing viability of... |
2001 |
| S.P. Sathe |
Judicial Activism: the Indian Experience |
6 Washington University Journal of Law and Policy 29 (2001) |
I. L2-4,T4Historical and Theoretical Background 30 A. Judicial Process: Nature. 31 B. Judicial Review in the United States. 37 C. Judicial Review in India. 38 D. Judicial Activism from 1950 to 1975. 40 II. L2-4,T4Post-Emergency Activism: Fundamental Rights 43 A. The Fundamental Rights Case: Judicial Surrender. 43 B. The End of Emergency and... |
2001 |
| Pamela R. Logsdon , J.D., M.S.E.L. (Master of Studies in Environmental Law), Vermont Law School, 1999; B.A., Allegheny College, 1993. |
Jurisdiction to Regulate Land Uses in Indian Country: Basic Concepts and Recent Developments |
33 Urban Lawyer 765 (Summer, 2001) |
The basic precept of Indian law in the United States is that tribes are sovereign nations with inherent authority to regulate both their members and their territories. As with all legal principles, however, this authority is not absolute. Shifting federal Indian policy, treaties upon broken treaties, U.S. Supreme Court jurisprudence, and common... |
2001 |
| Jeremy Clinefelter |
Just Say the "Magic Words": Advocating an Arbitration Clause Should Be Held to an Express Waiver Standard for the Doctrine of Indian Sovereign Immunity - C&l Enterprises V. Citizen Band Potawatomi Indian Tribe |
25 American Indian Law Review 315 (2000-2001) |
Under normal circumstances, when two parties agree to an arbitration clause in a construction contract, executed on privately owned land, both parties may reasonably be assured of a speedy resolution to any dispute arising thereon. Circumstances change, however, if one of the parties is a federally recognized Indian tribe. Indian tribes, like... |
2001 |
| Ryan T. Peel |
Katie John V. United States: Balancing Alaskan State Sovereignty with a Native Grandmother's Right to Fish , |
15 BYU Journal of Public Law 263 (2001) |
First Come, Last Served. It's depressing that . . . [Alaska Governor Tony Knowles] fights respected Native elder Katie John in federal court over the few fish ANILCA guarantees her to sustain her family. As Alaska's governor, I believe it is my clear responsibility, even in the face of a difficult political battle, to vigorously defend this... |
2001 |
| Rebecca Tsosie |
Land, Culture, and Community: Reflections on Native Sovereignty and Property in America |
34 Indiana Law Review 1291 (2001) |
God created this Indian country and it was like He spread out a big blanket. He put the Indians on it. They were created here in this country, truly and honestly, and that was the time this river started to run. Then God created fish in this river and put deer in these mountains and made laws through which has come the increase of fish and game.... |
2001 |
| Allison M. Dussias |
Let No Native American Child Be Left Behind: Re-envisioning Native American Education for the Twenty-first Century |
43 Arizona Law Review 819 (WINTER, 2001) |
The work of the government directed toward the education and advancement of the Indian...is largely ineffective.... [T]he government has not appropriated enough funds to permit the Indian Service to employ an adequate personnel properly qualified for the task before it. -- Meriam Report, 1928 [O]ur national policies for educating American Indians... |
2001 |
| John R. Wunder |
Merciless Indian Savages and the Declaration of Independence: Native Americans Translate the Ecunnaunuxulgee Document |
25 American Indian Law Review 65 (2000-2001) |
Thomas Jefferson, by all accounts a man of the Enlightenment, did not take kindly to American Indians. His hostilities are legion and complex. Originator of the United States government's ethnic cleansing policies of the early nineteenth century termed Indian Removal and enthusiast and sponsor for the Lewis and Clark Expedition that among its... |
2001 |
| Steven T. Mcfarland |
Missionaries and Indigenous Evangelists: the Right to Bear Witness in International Law |
31 Cumberland Law Review 599 (2000-2001) |
Thank you, ladies and gentlemen, Dean Floyd, faculty, Wyatt Haskell, students, and friends of Cumberland School of Law. It is indeed an honor to explore a vital topic with authorities like Professors Witte, Ali Khan, and Smolin. It is also a pleasure to come to Birmingham, particularly Cumberland. Professor Tom Berg has authored (pro bono) some of... |
2001 |
| L. Scott Gould |
MIXING BODIES AND BELIEFS: THE PREDICAMENT OF TRIBES |
101 Columbia Law Review 702 (May, 2001) |
This Article considers a dilemma faced by tribes in a post-inherent sovereignty world. Tribes have increasingly come to be defined through the use of blood quanta as racial entities. This practice raises the legal question whether and to what extent Congress can confer benefits on tribes pursuant to the Indian Commerce Clause without violating the... |
2001 |
| Robert J. Miller |
Native American Cultural and Religious Freedoms. Edited by John R. Wunder. New York and London: Garland Publishing, Inc. 1999. Pp. Viii, 378. Textbook. $28.95. Isbn: 0-815-33630-6. |
16 Journal of Law and Religion 739 (2001) |
The editor of this compilation of law review article reprints, published from 1975-1993, vividly states the premise of the collection: the demand that Native Americans be granted the same right to practice their religions and cultures as other Americans enjoy. The troubling reality is that such is not the case: The First Amendment to the... |
2001 |
| Bryan Nickels |
Native American Free Passage Rights under the 1794 Jay Treaty: Survival under United States Statutory Law and Canadian Common Law |
24 Boston College International and Comparative Law Review 313 (Spring, 2001) |
Since 1794, Native American groups in both the United States (U.S.) and Canada have enjoyed the right of free passage across the U.S.-Canadian border per the provisions of the Jay Treaty. However, development and recognition of this right have taken decidedly different courses: while the U.S. has treated the right very liberally under... |
2001 |
| |
Native American Resources |
2001 ABA Environment, Energy, and Resources Law: The Year in Review 95 (2001) |
Congress recently passed the Brownfield's Revitalization and Environmental Restoration Act of 2001, which amends the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Title II provides grants to Indian tribes and to Alaska Native corporations to inventory and to assess Brownfield sites, and to remediate tribally-owned... |
2001 |
| Gavin Clarkson |
Not Because They Are Brown, but Because of Ea : Rice V. Cayetano, 528 U.s. 495 (2000) |
24 Harvard Journal of Law & Public Policy 921 (Summer, 2001) |
I. L2-3,T3Introduction 921 II. L2-3,T3Contextual Perspective on Relevant History 923 A. L2-3,T3Pre-contact 924 B. L2-3,T3Treaty Making and Removal (1789-1871) 925 C. L2-3,T3Allotment and Assimilation (1871-1928) 929 D. L2-3,T3The Period of Indian Reorganization (1928-1945) 934 E. L2-3,T3The Termination Period (1945-1961) 936 F. L2-3,T3The Era of... |
2001 |
| Edward D. Gehres III |
Note: Visions of the Ghost Dance: Native American Empowerment and the Neo-colonial Impulse |
17 Journal of Law & Politics 135 (Winter 2001) |
The whole world is coming, A nation is coming, a nation is coming. The Eagle has brought a message to the tribe. The father says so, the father says so. Over the whole earth they are coming, The buffalo are coming, the buffalo are coming. Ghost Dance Song, circa 1890 In the midst of a time of great suffering following their confinement to... |
2001 |
| John Karl Gross |
Nuclear Native America: Nuclear Waste and Liability on the Skull Valley Goshute Reservation |
7 Boston University Journal of Science and Technology Law 140 (Winter 2001) |
I. Introduction. 140 II. The History and Regulation of Atomic Energy. 143 III. The Problem of Nuclear Waste. 145 A. Nuclear Power and Nuclear Waste. 145 B. The Nuclear Waste Policy Act of 1982. 147 IV. The Skull Valley Goshutes and Private Fuel Storage. 150 V. Applicability of the Price-Anderson Act to Private Fuel Storage's ISFSI. 153 VI.... |
2001 |
| William J. Hapiuk, Jr. |
Of Kitsch and Kachinas: a Critical Analysis of the Indian Arts and Crafts Act of 1990 |
53 Stanford Law Review 1009 (April, 2001) |
In 1990 Congress enacted the Indian Arts and Crafts Act (IACA) to stem the proliferation of imitation Native American arts and crafts. The IACA was intended to protect American Indian culture by making it a federal felony to falsely suggest that handcrafted goods are Indian when in fact they are not. The IACA provides for stiff criminal... |
2001 |
| |
Official Insignia, Culture and Native Americans: an Analysis of Whether Current United States Trademark Law Should Be Changed to Prevent the Registration of Official Tribal Insignia. By Alexis A. Lury. 1 Journal of Intellectual Property 5-14, Spring, 2000 |
91 The Trademark Reporter 922 (July-August, 2001) |
This student article proposes amending the Lanham Act to prohibit trademark registration of official Native American tribal insignia. Section 302 of the Trademark Law Treaty Implementation Act of 1998 required the United States Patent and Trademark Office (USPTO) to study the issues surrounding the protection of official insignia of federally and... |
2001 |
| Miller, J. |
Original Decision of U.s. V. Kagama 118 U.s. 375 Filed May 10, 1886 |
10-SPG Kansas Journal of Law & Public Policy 411 (Spring, 2001) |
The case is brought here by certificate of division of opinion between the circuit judge and the district judge holding the circuit court of the United States for district of California. The questions certified arise on a demurrer to an indictment against two Indians for murder committed on the Indian reservation of Hoopa Valley, in the state of... |
2001 |
| Stanette Amy |
Patents and Taxes, and Poof! It's Gone |
80-MAY Michigan Bar Journal 36 (May, 2001) |
Indians living in what is now northern Michigan before the Europeans came considered land to be a gift that was not owned, governed, or controlled. Though the European concept of property ownership was foreign to them, land patents were allotted to Indians in the treaties of 1836 and 1855. These lands, which at times were taxed at twice the... |
2001 |
| Sophie Sparrow |
Pierre Clastres, Chronicle of the Guayaki Indians |
12 Risk: Health, Safety and Environment 339 (Fall, 2001) |
In his forward to Pierre Clastres' Chronicle of the Guayaki Indians, translator Paul Auster claims that it is nearly impossible not to love this book . [i]t is not some dry academic study of life among the savages' . [i]t is the true story of a man's experiences. Auster is right Clastres' account, and Auster's translation of it, is a... |
2001 |
| Prabha Kotiswaran |
Preparing for Civil Disobedience: Indian Sex Workers and the Law |
21 Boston College Third World Law Journal 161 (Winter, 2001) |
This article deals with the reform of prostitution laws in India. It begins with an outline of the current legislative framework available in this regard and then critically evaluates the various alternatives to the framework that have been proposed through the 1990s by the Indian government, universities and research institutions, the... |
2001 |
| David B. Vogt, Esq. |
Protecting Indigenous Knowledge in Latin America |
3 Oregon Review of International Law 12 (Spring, 2001) |
Show me a hero and I will write you a tragedy. - F. Scott Fitzgerald We feed, clothe and heal ourselves with plants and products derived from our planet's largess, yet earth is home to an unknown number of flora and animal species. While our knowledge of the properties of flora within Latin America's tropical rain forests is mostly incomplete,... |
2001 |