AuthorTitleCitationSummaryYear
Morihiro Ichikawa Understanding the Fishing Rights of the Ainu of Japan: Lessons Learned from American Indian Law, the Japanese Constitution, and International Law 12 Colorado Journal of International Environmental Law and Policy 245 (Summer 2001) In Japan, particularly on Hokkaido Island, the northern-most island in the Japanese archipelago, indigenous people called Ainu have lived since time immemorial, developing cultures distinct from those of mainland Japan. The ancestors of today's Ainu people made a living by fishing for salmon, hunting deer and bears, and gathering plant roots.... 2001
Sarah Krakoff Undoing Indian Law One Case at a Time: Judicial Minimalism and Tribal Sovereignty 50 American University Law Review 1177 (June, 2001) Introduction. 1178 I. Minimalism and the Core of the Court. 1182 II. Indian Law's Normative and Doctrinal Backdrop. 1190 A. Indian Law Origins. 1193 B. Supreme Court Cases in the Era of Self-Determination.. 1205 III. Minimalism, Lack-of-Interest Convergence, and the Current Court's Indian Law Cases. 1215 A. Strate v. A-1 Contractors: Minimalist... 2001
Sarah Krakoff UNDOING INDIAN LAW ONE CASE AT A TIME: JUDICIAL MINIMALISM AND TRIBAL SOVEREIGNTY 50 American University Law Review 1177 (June, 2001) Introduction. 1178 I. Minimalism and the Core of the Court. 1182 II. Indian Law's Normative and Doctrinal Backdrop. 1190 A. Indian Law Origins. 1193 B. Supreme Court Cases in the Era of Self-Determination.. 1205 III. Minimalism, Lack-of-Interest Convergence, and the Current Court's Indian Law Cases. 1215 A. Strate v. A-1 Contractors: Minimalist... 2001
by Michael J. Collins United States 2000-01 Preview of United States Supreme Court Cases 272 (2/13/2001) The application of FICA and FUTA tax to payments of back wages has long been unclear. The IRS has taken the position that awards of back wages are subject to FICA and FUTA tax in the year actually paid, while many taxpayers have claimed that FICA and FUTA are imposed in the years to which the awards of back pay relate. The Federal Insurance... 2001
Dee Garceau, Rhodes College Vine Deloria, Jr. and Raymond J. Demallie, Eds., Documents of American Indian Diplomacy: Treaties, Agreements and Conventions, 1775-1979. 2 Vols. Legal History of North America Series. Norman, Okl., University of Oklahoma Press, 1999. 1,536 Pp. $95.00 45 American Journal of Legal History 99 (January, 2001) Thoroughly researched and well crafted, this two-volume set reveals the complexity and range of American Indian diplomatic concerns. The documents provide a wealth of new information about Indian relations with the United States and its European predecessors that should prove invaluable to both legal and historical researchers. Chronologically, the... 2001
JON MICHAEL HAYNES What Is it about Saying We're Sorry? New Federal Legislation and the Forgotten Promises of the Treaty of Guadalupe Hidalgo 3 Scholar: St. Mary's Law Review on Minority Issues 231 (Spring 2001) I. Introduction. 232 II. Background of Events Leading to War with Mexico. 236 A. A Brief History of Land Grants in the Southwest. 236 B. Manifest Destiny. 238 C. Land in Texas. 240 III. International Law and Treaty Rights. 242 A. International Law. 242 B. Treaty Rights (The Treaty of Guadalupe Hidalgo as Non Self-Executing). 243 IV. The Treaty of... 2001
John Burgess When Indian Law and Tax Law Collide: How Pull-tab Games Got to the Supreme Court 49 Cleveland State Law Review 325 (2001) I. L2-5,T5Introduction 326 II. L2-5,T5The Background of Chickasaw Nation and Little Six 327 A. L3-5,T5What Are These Pull-Tab Games? 327 B. L3-5,T5The Statutes Involved 327 1. L4-5,T5Internal Revenue Code § 4401 327 2. L4-5,T5The Indian Gaming Regulatory Act 328 C. L3-5,T5The Cases at the Center of This Controversy 330 1. L4-5,T5The Basic Factual... 2001
Sheila D. Corbine, Wendy Helgemo When the Family Is Native American 23-SPG Family Advocate 45 (Spring, 2001) The federal government recognizes the inherent powers of Indian tribes stemming from a sovereign status that predates the U.S. Constitution. Indian tribes are political entities, not separate racial groups. Thus, tribal members are not part of a racial classification. In enacting the Indian Child Welfare Act, 25 U.S.C. § 1901 et seq., Congress... 2001
Mark D. Ohre When the Location Is Tribal 10-APR Business Law Today 55 (March/April, 2001) Doing a real estate deal involving Indian lands has always been kind of tricky. But it just got a little easier. With the recent wave of interest in private investment in Indian Country, the legal battleground over the Bureau of Indian Affair's (BIA) power to review and approve all tribal land-related transactions has also intensified. In the past,... 2001
Margo S. Brownell Who Is an Indian? Searching for an Answer to the Question at the Core of Federal Indian Law 34 University of Michigan Journal of Law Reform 275 (Fall & Winter 2000 & 2001) The definition of Indian is the measure of eligibility for a variety of benefits and programs provided to Indians under federal law. There is confusion, however, at the core of efforts to define Indian. This confusion raises many concerns about the role that government plays in defining Indian. This Note surveys the most common definitions of ... 2001
Russel Lawrence Barsh Who Steals Indigenous Knowledge? 95 American Society of International Law Proceedings 153 (April 4-7, 2001) The past decade has witnessed a breathtaking increase in demands and proposals for the protection of indigenous peoples' knowledge systems from commercial piracy, usually attributed to large Western pharmaceutical corporations. It is widely agreed that mainstream intellectual property tools such as patent, copyright, trademark, geographical... 2001
Judith M. Dworkin , A Small Tribute by a Grateful Practitioner William C. Canby, Jr.'s Unique Contributions to the Development of Federal Indian Law 33 Arizona State Law Journal 34 (Spring, 2001) The area of federal Indian law is one of the more arcane and intellectually challenging of American jurisprudence. Today, Indian law issues are receiving increased attention as a result of the nation's interest in Indian gaming activities. The history of federal Indian law has been heavily influenced by changing United States' governmental policies... 2001
Peter Blanck , Chen Song With Malice Toward None; with Charity Toward All: Civil War Pensions for Native and Foreign-born Union Army Veterans 11 Transnational Law & Contemporary Problems Probs. 1 (Spring, 2001) I. L2-4,T4Introduction 2 II. L2-4,T4Evolution of the Civil War Pension System 5 A. L3-4,T4Pension Scheme 5. B. L3-4,T4Foreign-Born and Native UA Veterans: Descriptive Findings 11. 1. Birthplace. 11 2. Residence at Enlistment. 16 3. Occupation at Enlistment. 19 4. Enlistment Trends and Age During the War. 31 5. Wealth and Nativity. 34 III.... 2001
Christine Zuni Cruz [On The] Road Back In: Community Lawyering in Indigenous Communities 24 American Indian Law Review 229 (2000) As a communications major in film and broadcasting, I took a film making course which required the production of a super 8mm film with an accompanying soundtrack. The film I produced was based on the lyrics, You're my lawyer, you're my doctor, yeah, but somehow you forgot about me, from the song by Gil Scott Heron and Brian Jackson. These lyrics... 2000
David E. Wilkins A CONSTITUTIONAL CONUNDRUM: THE RESILIENCE OF TRIBAL SOVEREIGNTY DURING AMERICAN NATIONALISM AND EXPANSION: 1810-1871 25 Oklahoma City University Law Review 87 (Spring-Summer 2000) Judge Michael Hawkins addresses a number of important issues in his essay on John Quincy Adams' evolving understanding and relationship with slavery and the variegated role that law played in the politics of slavery and the slavery of politics. The essay demonstrates the importance of human personality in influencing and being influenced by... 2000
Carole Goldberg A Law of Their Own: Native Challenges to American Law 25 Law and Social Inquiry 263 (Winter, 2000) john William Sayer. Ghost Dancing the Law: The Wounded Knee Trials. Cambridge: Harvard University Press, 1997. sidney L. Harring. Crow Dog's Case: American Indian Sovereignty, Tribal Law, and United States law in the Nineteenth Century. Cambridge, England: Cambridge University Press, 1994. robert A. Williams, Jr. Linking Arms Together: American... 2000
Christine M. Metteer A Law unto Itself: the Indian Child Welfare Act as Inapplicable and Inappropriate to the Transracial/race-matching Adoption Controversy 38 Brandeis Law Journal 47 (Fall 1999-2000) In the last twenty-five years a controversy has arisen between transracial and race-matching advocates over a child's best interests in placement and adoption decisions. As might be expected, advocates on both sides of the controversy have found it necessary to come to terms with the Indian Child Welfare Act (henceforth ICWA or the Act),... 2000
Stephanie Pho-Poe Kiger A Prescription to Cure What Ails Indian Elders 10-SPG Experience Experience 6 (Spring, 2000) As an increasing number of Americans reach retirement age, the need for specialized care extends to minority seniors, including American Indian elders. While vast improvements in health care have been made, steps must be taken to ensure that quality of life improves as life expectancies for Indians increase through improved health care.... 2000
Elizabeth Larson Beyer A Right or a Privilege: Constitutional Protection for Detained Deportable Aliens Refused Access or Return to Their Native Countries 35 Wake Forest Law Review 1029 (Winter 2000) For more than two years, Qui Ngoc Nguyen has been detained by the Immigration and Naturalization Service (INS) in county jails and detention centers in Denison, Corsicana, Dallas, and Fort Worth, Texas. His crime? He was convicted of burglary, convicted of theft for losing three rented videos, and arrested for failing to meet his parole officer... 2000
Anita Starchman Bryant Amoco Production Co. V. Southern Ute Indian Tribe 27 Ecology Law Quarterly 799 (2000) In accordance with the Indian Reorganization Act of 1934, the United States government granted land to Native American tribes. As a result, the Southern Ute Indian Tribe received title to land and the right to mine coal on privately owned territory. The United States gained this right pursuant to the Coal Lands Acts of 1909 and 1910 which enabled... 2000
David Wilkins An Inquiry into Indigenous Political Participation: Implications for Tribal Sovereignty 9-SUM Kansas Journal of Law & Public Policy 732 (Summer, 2000) When we set out to examine the various forms and patterns of indigenous political participation in the three polities they are connected to-tribal, state, and federal-we are stepping into a most complicated subject matter. It is complicated in large part because Indians are citizens of separate extra-constitutional nations whose members have only... 2000
David Wilkins AN INQUIRY INTO INDIGENOUS POLITICAL PARTICIPATION: IMPLICATIONS FOR TRIBAL SOVEREIGNTY 9-SUM Kansas Journal of Law & Public Policy 732 (Summer, 2000) When we set out to examine the various forms and patterns of indigenous political participation in the three polities they are connected to-tribal, state, and federal-we are stepping into a most complicated subject matter. It is complicated in large part because Indians are citizens of separate extra-constitutional nations whose members have only... 2000
Brad Asher, Louisville, Kentucky Anthony F.c. Wallace, Jefferson and the Indians: the Tragic Fate of the First Americans. Cambridge, Mass.: Harvard University Press, 1999. 394 Pp. $29.95 (Hardback). $18.95 (Paperback) 44 American Journal of Legal History 492 (October, 2000) Thomas Jefferson remains a subject of great interest, but his stock is down. The Sally Hemings controversy, the contradiction between Jefferson's slaveholding and his ringing affirmations of freedom, and now, in Anthony Wallace's book, his self-serving Indian policies cloaked behind intellectual and philosophical paeans to native dignity and honor... 2000
Patrick Cleveland Apposition of Recent U.s. Supreme Court Decisions Regarding Tribal Sovereignty and International Indigenous Rights Declarations 12 Pace International Law Review 397 (Fall 2000) I. Introduction. 397 II. Background. 400 A. The Legal Relationship between the United States and Native Americans. 400 B. Development of International Indigenous Rights. 408 III. Apposition of Recent U.S. Supreme Court Decisions on Tribal Sovereignty and Indigenous Rights Declarations. 413 IV. Conclusion. 423 2000
Richard B. Bilder, Milner S. Ball, University of Georgia School of Law At the Edge of the State: Indigenous Peoples and Self-determination. By Maivân Clech Lâm. Ardsley Ny: Transnational Publishers, 2000. Pp. Xxvi, 225. Index. $95. 94 American Journal of International Law 821 (October, 2000) At the Edge of the State is an important, welcome volume. It is devoted to the troublesome problem of indigenous peoples' relation to the states that encompass them. Maivân Clech Lâm's animating vision invests the subject with promise, and her sensible, nuanced analysis supplies it with clarity. The result is a book as conceptually helpful as it is... 2000
Donald D. Raymond, Jr. Balancing "Peculiarly Federal Interests" and Indian Sovereignty in Crimes by and Against Indians in Indian Country 78 Washington University Law Quarterly 347 (2000) As an indigenous people with their own cultures and systems of governance in a land discovered and settled by European nations, American Indian tribes have created unique problems for those governing the American continents from the earliest days of conquest to the present time. One of the major problem areas has always been the relationship... 2000
Kristin E. Behrendt Cancellation of the Washington Redskins' Federal Trademark Registrations: Should Sports Team Names, Mascots and Logos Contain Native American Symbolism? 10 Seton Hall Journal of Sport Law 389 (2000) I. Introduction. 389 II. Controversies of Native American Symbolism in Sports Team Names, Mascots and Logos. 392 A. Professional Sports Arena. 393 B. Nonprofessional Sports Arena. 395 III. Recent Court Order to Cancel Pro-Football's Washington Redskins' Federal Trademark Registration. 398 A. Native American Petitioners' Arguments and Evidence... 2000
Nancy Thorington Civil and Criminal Jurisdiction over Matters Arising in Indian Country: a Roadmap for Improving Interaction among Tribal, State and Federal Governments 31 McGeorge Law Review 973 (Summer, 2000) Although it is considered by many to be one of the greatest documents ever written in history, the United States Constitution failed to address one of the most obvious and important issues facing the newly formed government: the legal status of the various Indian tribes. Because of this oversight, tribal, state and federal governments have been... 2000
Kaighn Smith, Jr. CIVIL RIGHTS AND TRIBAL EMPLOYMENT 47-APR Federal Lawyer 34 (March/April, 2000) the legal protection of civil rights is fundamental to American society. The Bill of Rights to the U.S. Constitution is a near-sacred document. The legal protection of tribal sovereignty is equally embedded in the law. Tribal sovereignty, however, is in tension with the application of American civil rights within tribal communities. As separate... 2000
Jennifer S. Byram Civil Rights on Reservations: the Indian Civil Rights Act and Tribal Sovereignty 25 Oklahoma City University Law Review 491 (Spring-Summer 2000) This Article explores the conflict between Tribal sovereignty and civil rights, in the context of sexual discrimination by Tribal governments. It reviews the arguments about whether civil rights guarantees should apply on reservations, and concludes that the Congressional provision of civil rights, in the Indian Civil Rights Act, should be... 2000
  Clarification on Use of Mauritius Holding Company for Indian Investments 11 Journal of International Taxation Tax'n 8 (August, 2000) The Central Board of Direct Taxes (CBDT), India's highest income tax authority, recently clarified in a circular that capital gains earned by Mauritius Foreign Institutional Investors (FIIs) and other Mauritius investors who have been issued a certificate of tax residence by the Mauritian authorities would be taxable only in Mauritius in accordance... 2000
Osvaldo Kreimer Collective Rights of Indigenous Peoples in the Inter-american Human Rights System, Organization of American States 94 American Society of International Law Proceedings 315 (April, 2000) For several decades, the Inter-American Commission on Human Rights (IACHR or the Commission), in the course of administering its mandate, has accepted the existence and validity of collective rights, generally and in the particular situation of indigenous peoples. The other principal organ of the Inter-American human rights system, the... 2000
Raidza Torres Wick Commentaries on Raidza Torres, the Rights of Indigenous Populations: the Emerging International Norm, 16 Yale J. Int'l L. 127 (1991) 25 Yale Journal of International Law 291 (Summer 2000) Born and raised in Puerto Rico, I grew up living an experiment in political autonomy. My first political memory was that of neighbors arguing over the status of the island and the meaning of self-determination. Years later, they are still arguing over the merits of statehood, commonwealth, and independence. Having spent my formative years in an... 2000
David M. Bigge , Amélie von Briesen Conflict in the Zimbabwean Courts: Women's Rights and Indigenous Self-determination in Magaya V. Magaya 13 Harvard Human Rights Journal 289 (Spring, 2000) In May of 1999, international human rights organizations focused their outrage on the Supreme Court of Zimbabwe's decision in Magaya v. Magaya, a case dealing with women's rights and inheritance law. These organizations decried the Court's decision, based in customary law, as equating the status of women within Zimbabwean society to that of teenage... 2000
S. Bobo Dean , Joseph H. Webster Contract Support Funding and the Federal Policy of Indian Tribal Self-determination 36 Tulsa Law Journal 349 (Winter 2000) The federal policy of Indian tribal self-determination is now 30 years old. It was initiated by President Richard Nixon in his Message on Indian Affairs to Congress in 1970 and implemented through the enactment of the Indian Self-Determination and Education Assistance Act (the ISDEAA), five years later. In many respects the policy has been... 2000
Everett Saucedo CURSE OF THE NEW BUFFALO: A CRITIQUE OF TRIBAL SOVEREIGNTY IN THE POST-IGRA WORLD 3 Scholar: St. Mary's Law Review on Minority Issues 71 (Fall 2000) People are afraid to oppose the tribal council because so many of them now work at the casino. . . the council members run the casino, and the council members sign their paychecks. Anyone who challenges them pays for it. - Marty Silvas, former Tigua I. Introduction. 72 II. The Tiguas. 76 III. The Current Crisis. 79 IV. Tribal Sovereignty. 84 V. The... 2000
Katherine C. Pearson Departing from the Routine: Application of Indian Tribal Law under the Federal Tort Claims Act 32 Arizona State Law Journal 695 (Summer, 2000) The choice of law rule seems straightforward. Where the federal government is the alleged tortfeasor and the accident happens within the boundaries of the United States, the Federal Tort Claims Act (FTCA) requires the court to apply the law of the place where the act or omission occurred. Thus, when the relevant acts occur in a particular... 2000
Larry Cunningham Deputization of Indian Prosecutors: Protecting Indian Interests in Federal Court 88 Georgetown Law Journal 2187 (July, 2000) Chief Justice John Marshall, in his landmark trilogy of Indian law decisionsJohnson v. McIntosh, Cherokee Nation v. Georgia, and Worcester v. Georgia laid the foundation for Indian law that stands even today. Namely, Indian tribes are under the trust protection of the federal government. Most states do not have jurisdiction over Indian country,... 2000
Peter R. A. Gray Do the Walls Have Ears? Indigenous Title and Courts in Australia 28 International Journal of Legal Information 185 (Summer, 2000) Australia has always been a place of legal pluralism. Before the British colonists brought with them the common law and the statute law of England, there were indigenous systems of law. Indeed, there were very many of them. They did not cease to exist just because English law was imported. Sadly, for over 200 years, their existence was not... 2000
George Linge Ensuring the Full Freedom of Religion on Public Lands: Devils Tower and the Protection of Indian Sacred Sites 27 Boston College Environmental Affairs Law Review 307 (2000) Federal land management agencies historically have disregarded American Indian cries for protection of sacred sites on public lands, and the federal judiciary consistently has supported such action according to a formalistic interpretation of the Religion Clauses of the First Amendment. This Note takes issue with the pattern of religious oppression... 2000
Tim De Young and William C. Scott Environmental Protection in Indian Country 15-SUM Natural Resources & Environment 20 (Summer, 2000) Four years ago in this publication, Kevin Gover and Jim Cooney observed that battles over jurisdiction for environmental regulation in Indian country created uncertainty and inertia, which in turn often resulted in no adequate government action. Cooperation Between Tribes and States in Protecting the Environment, Nat. Resources & Env't, Winter... 2000
S. James Anaya Environmentalism, Human Rights and Indigenous Peoples: a Tale of Converging and Diverging Interests 7 Buffalo Environmental Law Journal L.J. 1 (Spring, 2000) It's an honor for me to be here and offer a few remarks at this conference. I will attempt to shed light on the relation between the human rights and environmentalist agendas, by focusing on the type of situation common to many indigenous peoples in which the two agendas meet. My concern is with identifying points of both convergence and divergence... 2000
Kristen E. Burge Erisa and Indian Tribes: Alternative Approaches for Respecting Tribal Sovereignty 2000 Wisconsin Law Review 1291 (2000) The economies of a number of Indian tribes throughout the United States have experienced tremendous growth and development over the past few years, often due to tribal gaming and related enterprises such as tourism. Indian tribal employers, such as the Ho-Chunk Nation in Wisconsin, are actively recruiting potential employees. They are looking to... 2000
Michael Carroll Every Man Has a Right to Decide His Own Destiny: the Development of Native Hawaiian Self-determination Compared to Self-determination of Native Alaskans and the People of Puerto Rico 33 John Marshall Law Review 639 (Spring 2000) We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain inalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness-That to secure these rights, Governments are instituted among Men, deriving their just Powers from the consent of the governed, that... 2000
Antoinette Sedillo Lopez Evolving Indigenous Law: Navajo Marriage-cultural Traditions and Modern Challenges 17 Arizona Journal of International & Comparative Law 283 (Spring, 2000) Since European contact, the Navajo Nation has struggled to reclaim and continue its culture and manage its own affairs. Native American governments and court systems, modeled after systems in the United States, were required and established by the U.S. government as a way to assimilate native peoples. However, through the creation of substantive... 2000
Melissa L. Tatum Extending the Status Quo: Indian Law and the Supreme Court's 1999-2000 Term 36 Tulsa Law Journal 195 (Fall 2000) For the first time in over a decade, the United States Supreme Court ended its term without deciding a formal Indian law case. That is not to say, however, that none of the Court's decisions during its October 1999 term affect Indians or Indian Tribes. Indeed, two of the Court's opinions have a potentially large impact on the indigenous peoples... 2000
Derek C. Haskew Federal Consultation with Indian Tribes: the Foundation of Enlightened Policy Decisions, or Another Badge of Shame? 24 American Indian Law Review 21 (2000) We were better able to understand how [tribes] felt on many very important issues. Their testimony did make a difference in our final product. That is why Tribal consultation is important. Tribes, more than anyone else, know what is best for them. They know better than anyone else what policies would be bad for them. Phillip Martin They sat there... 2000
JOHN V. BUTCHER Federal Courts and the Native American Sex Offender 2000 Federal Sentencing Reporter 33522168 (10/1/2000) Assistant Federal Public Defender, District of New Mexico Native Americans are prosecuted at a higher rate for sex abuse offenses than for any other federal crime. While in fiscal 1999, sex abuse convictions represented only 0.4% of defendants sentenced under the United States Sentencing Guidelines, more Native Americans were sentenced for sex... 2000
Eugenia Allison Phipps Feds 200, Indians 0: the Burden of Proof in the Federal/indian Fiduciary Relationship 53 Vanderbilt Law Review 1637 (October, 2000) I. L2-3,T4Introduction 1638 II. L2-3,T4Historical Development of the Federal/Indian Relationship 1642 A. The First Encounters. 1642 B. The Era of Allotment. 1646 C. Indian Land Management. 1649 III. L2-3,T4The Resulting Relationship 1652 A. The Marshall Era: The Guardian/Ward Model. 1652 B. The Fiduciary Relationship as a Source of Plenary Power.... 2000
Andrea M. Kurak Florida Paraplegic, Association V. Miccosukee Tribe of Indians of Florida: Balancing Competing Interests 30 Stetson Law Review 361 (Summer, 2000) The Congress finds that . the Nation's proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals. The Congress finds that . a principal goal of Federal Indian policy is to promote tribal economic development, tribal... 2000
« ‹
64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81
» ›