AuthorTitleCitationSummaryYear
Miriam Latorre Quinn Protection for Indigenous Knowledge: an International Law Analysis 14 Saint Thomas Law Review 287 (Winter, 2001) I. L2-3,T3Delimitation of the Problem 287 II. L2-3,T3Conflicting Claims 288 A. Indigenous Peoples' Claims. 288 B. Multinational Corporations: Pharmaceuticals. 295 C. Governmental Entities and National Organizations. 295 III. L2-3,T3Past Trends in Decisions 296 A. WTO: TRIPS and Article 27. 298 B. UN: Convention for Biological Diversity. 301 C.... 2001
Ken Murray, & Jon M., Sands, Assistant Federal, Public Defenders,, District of Arizona Race and Reservations: 2001 Federal Sentencing Reporter 34779375 (7/1/2001) The history of federal criminal jurisdiction over Indians is a continuing legacy. The federalization of Indian crime began two centuries ago. Federal criminal jurisdiction, which determines the application of assimilative law, procedure, and the federal death penalty, is generally controlling. The Indian tribes have no choice but to be governed by... 2001
Brett Anderson Recognizing Substance: Adoptees and Affiliates of Native American Tribes Claiming Free Exercise Rights 7 Washington and Lee Race and Ethnic Ancestry Law Journal 61 (Spring, 2001) It is not surprising to see widespread and far reaching governmental regulations due to the current regulatory welfare state that characterizes our federal government. More and more frequently the actions of the government directly affect, regulate, or otherwise modify diverse aspects of human affairs. Sometimes the regulations are beneficial and... 2001
Brett Anderson RECOGNIZING SUBSTANCE: ADOPTEES AND AFFILIATES OF NATIVE AMERICAN TRIBES CLAIMING FREE EXERCISE RIGHTS 7 Washington and Lee Race and Ethnic Ancestry Law Journal 61 (Spring, 2001) It is not surprising to see widespread and far reaching governmental regulations due to the current regulatory welfare state that characterizes our federal government. More and more frequently the actions of the government directly affect, regulate, or otherwise modify diverse aspects of human affairs. Sometimes the regulations are beneficial and... 2001
Benedict Kingsbury Reconciling Five Competing Conceptual Structures of Indigenous Peoples' Claims in International and Comparative Law 34 New York University Journal of International Law & Politics 189 (Fall 2001) On what conceptual foundations do legal claims made by indigenous peoples rest? Uncertainty on this issue has had the benefit of encouraging the flowering of multiple approaches, but it also has done much to heighten national dissensus on questions involving indigenous peoples, and it has been a serious obstacle to negotiation in the United Nations... 2001
Kevin K. Washburn Recurring Problems in Indian Gaming 1 Wyoming Law Review 427 (2001) Indian gaming now exists in twenty-eight states at approximately 310 gaming facilities. Approximately 195 tribal governments, or a little more than one third of the 556 federally-recognized Indian tribes nationwide, operate Indian gaming facilities. Based on audits submitted by Indian tribes to the National Indian Gaming Commission, the Indian... 2001
Bryan H. Wildenthal Religion, Law, and the Land: Native Americans and the Judicial Interpretation of Sacred Land. Contributions in Legal Studies. By Brian Edward Brown. Westport, Conn. And London: Greenwood Press 1999. No.94. Pp. 199. $62.50. Isbn: 0-313-30972-8. 16 Journal of Law and Religion 743 (2001) Religious freedom claims by Native Americans (or American Indians) have not merely presented the most interesting and challenging cases to arise under the American constitutional law of religious freedom. They have, in modern times, actually dominated and driven the development of that most difficult area of constitutional doctrine. Sadly, the... 2001
Kevin Gover Remarks at the Ceremony Acknowledging the 175th Anniversary of the Establishment of the Bureau of Indian Affairs 25 American Indian Law Review 161 (2000-2001) In March of 1824, President James Monroe established the Office of Indian Affairs in the Department of War. Its mission was to conduct the nation's business with regard to Indian affairs. We have come together today to mark the first 175 years of the institution now known as the Bureau of Indian Affairs. It is appropriate that we do so in the first... 2001
Kenneth H. Bobroff Retelling Allotment: Indian Property Rights and the Myth of Common Ownership 54 Vanderbilt Law Review 1559 (May, 2001) The division of Native American reservations into individually owned parcels was an unquestionable disaster. Authorized by the General Allotment Act of 1887, allotment cost Indians two-thirds of their land and left much of the remainder effectively useless as it passed to successive generations of owners. The conventional understanding, shared by... 2001
Wallace Coffey, Rebecca Tsosie Rethinking the Tribal Sovereignty Doctrine: Cultural Sovereignty and the Collective Future of Indian Nations 12 Stanford Law and Policy Review 191 (Spring, 2001) Cultural sovereignty is the heart and soul that you have, and no one has jurisdiction over that but God. Wallace Coffey (Comanche) This article is the result of a dialogue between colleagues who live and work within a particular universe which Indian people know very well and non-Indians know very little: the cultural existence of an Indian nation... 2001
Kimberly A. Costello Rice V. Cayetano: Trouble in Paradise for Native Hawaiians Claiming Special Relationship Status 79 North Carolina Law Review 812 (March, 2001) The United States government has long claimed a special relationship with the once-sovereign peoples whose culture and autonomy were forever altered and in some cases destroyed by Western expansion. As distinguished from other minority groups, indigenous tribal Indians have a unique legal and political relationship with the federal government,... 2001
Annmarie M. Liermann Seeking Sovereignty: the Akaka Bill and the Case for the Inclusion of Hawaiians in Federal Native American Policy 41 Santa Clara Law Review 509 (2001) In January 1993, the United States took the extraordinary step of apologizing for its wrongdoing. Even more extraordinarily, the United States issued this apology to a native people. Public Law 103-150 (Apology Resolution) apologized to the Hawaiians who, prior to the illegal overthrow of their government with the help of the United States in... 2001
MILO COLTON Self-determination and the American Indian: a Case Study 4 Scholar: St. Mary's Law Review on Minority Issues SCHOLAR 1 (Fall 2001) I. Introduction. 1 II. Self-Determination as a Human Right. 4 A. The Concept of Peoplehood. 8 B. The States' Impact on Indigenous Human Rights. 10 III. Historical Background: The History of the Repression of the American Indian. 15 IV. Winnebago Self-Determination. 17 A. The People. 17 B. Public Law 280. 21 C. The Politics of the Retrocession... 2001
David B. Jordan Square Pegs and Round Holes: Domestic Intellectual Property Law and Native American Economic and Cultural Policy: Can it Fit? 25 American Indian Law Review 93 (2000-2001) We have now had 200 years of experience with the Age of Reason, and as reasonable people we ought to recognize that reason has its limitations. The time is ripe for developing a conceptual framework based on our fallibility. Where reason has failed, fallibility may yet succeed. - George Soros Native American tribes and artisans have become world... 2001
John P. LaVelle Strengthening Tribal Sovereignty Through Indian Participation in American Politics: a Reply to Professor Porter 10-SPG Kansas Journal of Law & Public Policy 533 (Spring, 2001) I hope that we have had enough fighting amongst ourselves. The occasion for this essay came about in a peculiar way. I missed the first day of fall 2000 classes at the University of South Dakota School of Law because my wife and I were attending the Democratic National Convention in Los Angeles. When I returned to my office at the law school, I... 2001
John P. LaVelle STRENGTHENING TRIBAL SOVEREIGNTY THROUGH INDIAN PARTICIPATION IN AMERICAN POLITICS: A REPLY TO PROFESSOR PORTER 10-SPG Kansas Journal of Law & Public Policy 533 (Spring, 2001) I hope that we have had enough fighting amongst ourselves. The occasion for this essay came about in a peculiar way. I missed the first day of fall 2000 classes at the University of South Dakota School of Law because my wife and I were attending the Democratic National Convention in Los Angeles. When I returned to my office at the law school, I... 2001
Jeffrey A. Dempsey Surfing for Wampum: Federal Regulation of Internet Gambling and Native American Sovereignty 25 American Indian Law Review 133 (2000-2001) With the recent explosion in the use of the Internet and computer technology, the federal government has been struggling to keep up. Some federal laws in place now were written years ago and do not seem to apply to the new areas opened by technology. It has been observed that: [m]ost state and federal anti-gambling statutes were written before the... 2001
  Taxation 2000-01 Preview of United States Supreme Court Cases 477 (8/2/2001) For Case Analysis: See ABA preview 272 (February 13, 2001) For tax purposes, should backpay awards be allocated (as they are for purposes of Social Security benefits eligibility) to the periods in which the wages should have been paid? No. The Court ruled that back wages are subject to FICA and FUTA taxes by reference to the year the wages were in... 2001
Robert Coulter Text of Remarks on Panel: "Indigenous Peoples, Environmental Torts and Cultural Genocide" 24 Hastings International and Comparative Law Review 485 (Spring 2001) We have heard a wonderful triad of presentations, and they are very encouraging. It gives me a good opportunity to move into the area that I want to discuss particularly and that is the Awas Tingni case. But before I do that, I should say that the Indian Law Resource Center that I head is an Indian organization that specializes in international law... 2001
Richard Herz Text of Remarks on Panel: "Indigenous Peoples, Environmental Torts and Cultural Genocide" 24 Hastings International and Comparative Law Review 503 (Spring 2001) In my comments on the panelists' excellent presentations, I would like to return to an issue mentioned in this morning's session on Litigating the Alien Tort Claims Act. The issue is whether the rights to be free from massive environmental degradation and cultural genocide that have just been described by the panelists are sufficiently... 2001
Le'a Malia Kanehe The Akaka Bill: the Native Hawaiians' Race for Federal Recognition 23 University of Hawaii Law Review 857 (Summer, 2001) A man of true honor protects the unwritten word which binds his conscience more scrupulously, if possible, than he does the bond a breach of which subjects him to legal liabilities . . . . On that ground [the United States] can not allow itself to refuse to redress an injury inflicted through an abuse of power by officers clothed with its authority... 2001
Howard J. Vogel The Clash of Stories at Chimney Rock: a Narrative Approach to Cultural Conflict over Native American Sacred Sites on Public Land 41 Santa Clara Law Review 757 (2001) Disputes arising from different views of moral understanding and the source of moral authority have been a prominent feature of political conflict in recent years in the United States. James Davison Hunter refers to this phenomenon as The Culture Wars. The stakes in these disputes ultimately involve a struggle for cultural domination that... 2001
Vis. Prof. Dr. Erica-Irene A. Daes The Concepts of Self-determination and Autonomy of Indigenous Peoples in the Draft United Nations Declaration on the Rights of Indigenous Peoples 14 Saint Thomas Law Review 259 (Winter, 2001) Susan J. Ferrell Keynote Address Honorable Professors, Esteemed Elders, Dear Students, Ladies and Gentlemen: At the outset, I would like to thank warmly Professor Wiessner for his very kind words and to state that I highly appreciate the excellent and important contribution he, in person and with the assistance of the St. Thomas University, is... 2001
Richard D. Agnew The Dormant Indian Commerce Clause: up in Smoke? 25 American Indian Law Review 353 (2000-2001) Probably the most important of these powers granted to Congress was the so-called Commerce Power which provided that Congress should have the power to regulate commerce with foreign nations, and the several states . . . . - Chief Justice William Rehnquist on the express grants of authority in the Constitution. In 1975 Justice William Rehnquist... 2001
Paul J. Magnarella The Evolving Right of Self-determination of Indigenous Peoples 14 Saint Thomas Law Review 425 (Winter, 2001) The destruction of indigenous societies represents a major threat to the contemporary world's rich inventory of cultures. Throughout the centuries, indigenous peoples have been forcibly removed from their lands, dispossessed of their natural resources, discriminated against or simply decimated. Most of the world's estimated 300 million indigenous... 2001
William E. Spruill The Fate of the Native Hawaiians: the Special Relationship Doctrine, the Problem of Strict Scrutiny, and Other Issues Raised by Rice V. Cayetano 35 University of Richmond Law Review 149 (March, 2001) Harold Freddy Rice is a Native Hawaiian in the sense that he was born in the Hawaiian Islands and can trace[ ] his ancestry to two members of the legislature of the Kingdom of Hawaii, prior to the Revolution of 1893. He is a taxpayer and a qualified elector of the United States, the State of Hawaii, and the County of Hawaii. When Rice applied... 2001
Philip M. Nichols The Fit Between Changes to the International Corruption Regime and Indigenous Perceptions of Corruption in Kazakhstan 22 University of Pennsylvania Journal of International Economic Law 863 (Winter 2001) 1. The Nature of Corruption. 867 1. 1.Corruption and Bribery. 867 1. 2.The Extent of Corruption and Bribery. 875 1. 3.General Objections to the Hypothesis that Corruption is Acceptable. 876 2. The Need for an Understanding of Indigenous Attitudes Toward Corruption. 882 2. 1.Corruption as a Structural Component That Must be Taken Into Account. 882... 2001
D. Michael McBride III The Genesis and Early Power of Winters--a Book Review of Indian Reserved Water Rights: the Winters Doctrine and its Social and Legal Context, 1880's to 1930's 36 Tulsa Law Journal 641 (Spring 2001) Cloth: $39.95 Volume 8 in the Legal History of North America Series 352 pages, 2 maps, 6x9, ISBN: 0-8061-3210-8 University of Oklahoma Press, 2000 Indian Reserved Water Rights is important reading for tribal members, tribal leaders, lawyers, judges, historians and scholars interested in water rights, federal Indian policy and the history of the... 2001
Alice Koskela The Indian Gaming and Self Reliance Initiative: Idaho Tribes Take Their Issue to the People 44-OCT Advocate 12 (October, 2001) After nearly ten years of legal and political wrangling, it appears that the controversy over Indian gaming in Idaho may be settled by the votersif a measure proposed by the Coeur d'Alene and Nez Perce Tribes is on the 2002 ballot. The Indian Gaming and Self Reliance Act, an initiative which would limit the expansion of tribal gaming in Idaho... 2001
Anna-Emily C. Gaupp The Indian Tribal Economic Development and Contracts Encouragement Act of 2000: Smoke Signals of a New Era in Federal Indian Policy? 33 Connecticut Law Review 667 (Winter, 2001) Today we again take up the long saga of this country's relationship with Indian country, drawing on a body of law more stable than the conflicting shifts in governmental policy on which it lies-but bearing scars of these shifts in its own ambiguities. Federal Indian policy has been distinctly striated over its two-century span. Changing economic... 2001
Martin Wagner The International Legal Rights of Indigenous Peoples Affected by Natural Resource Exploitation: a Brief Case Study 24 Hastings International and Comparative Law Review 491 (Spring 2001) In the northeastern corner of Colombia, on the slopes of the Andes mountains near the border of Venezuela, lies a region of cloud and rainforest inhabited by an indigenous people called the U'wa. For thousands of years, the U'wa have lived in harmony with their environment, moving regularly to minimize their impact on the land, letting fields go... 2001
Dimitra Doufekias Joannou The Irs Gets its Money When You Do: Fica and Futa Taxation in United States V. Cleveland Indians Baseball Co. 55 Tax Lawyer 319 (Fall, 2001) In United States v. Cleveland Indians Baseball Co., the Supreme Court resolved a split in the circuits regarding the proper allocation of back wages with respect to the payment of Federal Insurance Contribution Act (FICA) and Federal Unemployment Tax Act (FUTA) taxes. Allocation of back wages to either the year in which they were earned or the year... 2001
David Wilkins The Manipulation of Indigenous Status: the Federal Government as Shape-shifter 12 Stanford Law and Policy Review 223 (Spring, 2001) The federal-Indian relationship . is like no other in the world. Indian tribes are denominated domestic-dependent nations but their practical relationship with the United States resembles that of a ward to his guardian. Indian tribes appear to have the same political status as the independent states of San Marino, Monaco, and Liechtenstein, yet... 2001
NADIA NATASHA SEERATAN The Negative Impact of Intellectual Property Patent Rights on Developing Countries: an Examination of the Indian Pharmaceutical Industry 3 Scholar: St. Mary's Law Review on Minority Issues 339 (Spring 2001) I. Introduction. 341 II. On Intellectual Property Law. 350 A. What Is Intellectual Property?. 350 B. Diverging Views of Developed and Developing Nations Toward Intellectual Property Rights. 351 C. Intellectual Property Law Favors the Have Nations. 352 III. The Impact of Multilateral Agreements. 354 A. The Uruguay Round of the General Agreement on... 2001
S. James Anaya , Robert A. Williams, Jr. The Protection of Indigenous Peoples' Rights over Lands and Natural Resources under the Inter-american Human Rights System 14 Harvard Human Rights Journal 33 (Spring, 2001) One of the most notable features of the contemporary international human rights regime has been the recognition of indigenous peoples as special subjects of concern. A discrete body of international human rights law up-holding the collective rights of indigenous peoples has emerged and is rapidly developing. In 1948, the Organization of American... 2001
Rosemary J. Coombe The Recognition of Indigenous Peoples' and Community Traditional Knowledge in International Law 14 Saint Thomas Law Review 275 (Winter, 2001) Today I want to explore some of the international law-making efforts with respect to indigenous and traditional environmental knowledge. My work over the past three years has involved the study of the ongoing efforts underway to implement state obligations under the Convention on Biological Diversity (CBD), and the related efforts of the World... 2001
Traci L. McClellan The Role of International Law in Protecting the Traditional Knowledge and Plant Life of Indigenous Peoples 19 Wisconsin International Law Journal 249 (Spring, 2001) Indigenous Peoples come from the land and have been given our life through the land. We do not relate to the land we came from as property, we relate to the land as our mother .. Our role and responsibility is to protect our Mother Earth from destruction and abusive treatment .. In carrying out this responsibility since time immemorial, we have... 2001
Rebecca S. Lindner-Cornelius The Secretary of the Interior as Referee: the States, the Indian Nations, and How Gambling Led to the Illegality of the Secretary of the Interior's Regulations in 25 C.f.r. § 291 84 Marquette Law Review 685 (Spring 2001) Federal Indian law is one of the most complex and dynamic areas of law in the United States. It is a unique area of federal law that exists simultaneously at a time when many are demanding more rights for the states. This combination makes controversy inherent. Indian gaming was the catalyst that finally forced these three entities--the federal... 2001
Carey N. Vicenti The Social Structures of Legal Neocolonialism in Native America 10-SPG Kansas Journal of Law & Public Policy 513 (Spring, 2001) We rarely talk about social structures within the field of law. In the field we talk about rules and doctrines as if such things existed as tangible objects floating above us all, yet governing the directions of the courts, and thus, peoples' lives. Law merely is. In the latter part of the nineteenth century, lawyers, jurists and legal philosophers... 2001
  The State Bar's Highest Award Goes this Year to Judge James Browning 26-AUG Montana Lawyer Law. 7 (August, 2001) Senior Judge James R. Browning of the Ninth Circuit Court of Appeals, a Montana native who has served on that federal appellate court for 40 years, 12 of those years as chief judge, will be awarded the State Bar of Montana's highest award - the Jameson Award - at the Bar's Annual Meeting in Missoula in September. The Jameson Award will go to a man... 2001
O. Wes J. Layton The Thorny Gift: Analysis of Epa's Intent to Empower Indian Tribal Governments with Clean Air Act Regulatory Authority over Non-tribal Lands and Immunize Tribal Governments from Caa Citizen Suits 7 Environmental Lawyer 225 (February, 2001) The Environmental Protection Agency (EPA) has promulgated new regulations that provide Native American tribal governments with broad authority to implement the Clean Air Act (CAA). Although Congress clearly gave EPA the power to grant Indian tribes regulatory authority over tribal lands and tribal members, it is far from certain that Congress... 2001
Aaron L. Pawlitz The United States' Indispensability in Indian Land Claims: the Proper Application of Provident Tradesmens 45 Saint Louis University Law Journal 1349 (Fall 2001) Like the miner's canary, the Indian marks the shifts from fresh air to poison gas in our political atmosphere; and our treatment of Indians, even more than our treatment of other minorities, reflects the rise and fall in our democratic faith . . . . Indian tribes seeking to assert land claims in the United States face substantial hurdles. Many... 2001
Clyde Eastman, Associate Professor Emeritus, Department of Agricultural Economics & Agricultural Business, New Mexico State University The Western Range Revisited: Removing Livestock from Public Lands to Conserve Native Biodiversity 41 Natural Resources Journal 177 (Winter, 2001) The purpose for Donahue's book is clearly stated in the subtitle: to urge removal of livestock from public lands (receiving twelve inches or less of annual rainfall) to conserve native biodiversity. She argues that elimination of grazing is necessary for ecological rehabilitation of a seriously degraded resource, that it makes economic sense, and... 2001
Samuel Berman Tinoqui-chalola Council of Kitanemuk & Yowlumne Tejon Indians V. U.s. Dept. Of Energy: Congress May Implicitly Waive a Requirement of the Endangered Species Act 8 University of Baltimore Journal of Environmental Law 181 (Spring 2001) In Tinoqui-Chalola Council of Kitanemuk & Yowlumne Tejon Indians v. U.S. Dept. of Energy, the U.S. Court of Appeals for the Ninth Circuit held that a subsequent act of Congress may implicitly waive a requirement of the Endangered Species Act (ESA). The court also held that the completion of the sale did not moot an action to prevent the sale of... 2001
James D. Nason Traditional Property and Modern Laws: the Need for Native American Community Intellectual Property Rights Legislation 12 Stanford Law and Policy Review 255 (Spring, 2001) Legal issues regarding cultural property have become both more complex and more urgent in the last thirty years, especially in connection with the ancestral and contemporary cultural property of indigenous peoples. Cultural property in this context usually refers to prehistorical and historical objects that significantly represent a group's... 2001
Lesley M. Wexler TRIBAL COURT JURISDICTION IN DISSOLUTION-BASED CUSTODY PROCEEDINGS 2001 University of Chicago Legal Forum 613 (2001) With the rise of non-Indian populations on reservations and movement of families on and off reservations, courts must increasingly resolve jurisdictional disputes between states and tribes. Over 70 percent of American Indians marry outside of their tribes, to either members of another tribe or members of another race. As a result, more than 50... 2001
Wendy J. Johnson TRIBAL GAMING EXPANSION IN OREGON 37 Willamette Law Review 399 (Spring 2001) In just over a decade, tribal casino gambling has swept through the United States, providing economic wealth for more than 200 Indian tribes. In Oregon, the first tribal casino opened its doors in 1993, and six more casinos have since been established; these casinos continue to grow in size and popularity each year. Simultaneously, state-sponsored... 2001
Daniel J. Adam Tribal Telecom: Telecommunications Regulation in Indian Country 27 Journal of Legislation 153 (2001) Native American communities across the country suffer from considerable economic depression. Native American reservations are home to the highest unemployment and poverty rates in the nation. There is a tremendous need for creative economic development on tribal lands, but successful development in these regions must seek to balance the interests... 2001
  Um's Indian Law Team Places Third in National Competition 26-JUL Montana Lawyer 26 (June/July, 2001) A team of University of Montana law students recently placed third at a national moot court competition sponsored by the Native American Law Student Association. UM's Ryan Rusche and Mato Standing High competed against 49 other teams at the ninth annual NALSA competition, held March 2-4 in Portland, Ore. In the moot court competition, nearly 100... 2001
Bruce N. Edwards Understanding and Making the New Section 646 Election for Alaska Native Settlement Trusts 18 Alaska Law Review 217 (December, 2001) This Article examines The Economic Growth and Tax Relief Reconciliation Act of 2001 and the effect it may have on Alaska Native settlement trusts. The Article initially discusses the nature of Alaska Native settlement trusts and the key tax issues relating to the trusts that have arisen under present law. The Article next examines in depth the... 2001
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