| Author | Title | Citation | Summary | Year |
| Jackie Barone |
President Clinton Illuminates the Need for Investment in Native American Communities |
24 American Indian Law Review 503 (2000) |
Accompanied by corporate executives and economic development leaders, President Clinton visited the Pine Ridge Indian Reservation, South Dakota, on July 7, 1999, in effort to highlight the need and potential for new investments in Native American Communities. He is the first sitting President to visit a reservation since Franklin Roosevelt. While... |
2000 |
| |
Principles and Guidelines for the Protection of the Heritage of Indigenous People |
13 Saint Thomas Law Review 405 (Fall, 2000) |
1. The effective protection of the heritage of the indigenous peoples of the world benefits all humanity. Its diversity is essential to the adaptability, sustainability and creativity of the human species as a whole. 2. To be effective, the protection of indigenous peoples' heritage should be based broadly on the principle of self-determination,... |
2000 |
| Richard Osburn |
Problems and Solutions Regarding Indigenous Peoples Split by International Borders |
24 American Indian Law Review 471 (2000) |
Over the past few centuries, the United States has grown in size due to the addition of various territories. The acquisition of regions where indigenous peoples are present has created problems for those indigenous peoples. Specifically, in the border areas of the United States (Canada, Mexico, and Alaska), indigenous peoples have been split by... |
2000 |
| Cami Fraser |
Protecting Native Americans: the Tribe as Parens Patriae |
5 Michigan Journal of Race and Law 665 (Spring 2000) |
INTRODUCTION. 666 I. The Doctrine of Parens Patriae. 669 II. Tribes as Sovereign Entities Have Retained Parens Patriae Standing. 673 A. The Nature of Tribal Sovereignty. 674 B. The Federal Government as the Great Father is Not a Bar to Tribal Parens Patriae Standing. 678 C. The Problem of Framing Tribal Sovereignty as Retained. 680 D. The State... |
2000 |
| Kevin J. Worthen |
Protecting the Sacred Sites of Indigenous People in U.s. Courts: Reconciling Native American Religion and the Right to Exclude |
13 Saint Thomas Law Review 239 (Fall, 2000) |
The key to understanding current U. S. caselaw concerning the protection of Native American sacred sites is arguably found in the dissenting opinion of an eighteen-year old case involving not religious freedom, not sacred sites, and not cultural heritage but the right of Indian tribes to impose severance taxes on non-tribal members who extract... |
2000 |
| Daniel Twetten |
Public Law 280 and the Indian Gaming Regulatory Act: Could Two Wrongs Ever Be Made into a Right? |
90 Journal of Criminal Law and Criminology 1317 (Summer 2000) |
As central North America gradually became the United States and the United States gradually became a world military and political leader, Indians were marginalized, killed, and cheated. Yet the United States recognized in its Constitution the unique position of tribes. Within sixty years of the birth of the United States, its highest court... |
2000 |
| William C. Bradford |
Reclaiming Indigenous Legal Autonomy on the Path to Peaceful Coexistence: the Theory, Practice, and Limitations of Tribal Peacemaking in Indian Dispute Resolution |
76 North Dakota Law Review 551 (2000) |
Nothing is gained by dwelling upon the unhappy conflicts that have prevailed . . . . The generation of Indians who suffered the privations, indignities, and brutalities of the westward march of the white man have gone to the Happy Hunting Ground, and nothing that we can do can square the account with them. Whatever survives is a moral obligation... |
2000 |
| William C. Bradford |
RECLAIMING INDIGENOUS LEGAL AUTONOMY ON THE PATH TO PEACEFUL COEXISTENCE: THE THEORY, PRACTICE, AND LIMITATIONS OF TRIBAL PEACEMAKING IN INDIAN DISPUTE RESOLUTION |
76 North Dakota Law Review 551 (2000) |
Nothing is gained by dwelling upon the unhappy conflicts that have prevailed . . . . The generation of Indians who suffered the privations, indignities, and brutalities of the westward march of the white man have gone to the Happy Hunting Ground, and nothing that we can do can square the account with them. Whatever survives is a moral obligation... |
2000 |
| Michael R. Newhouse |
Recognizing and Preserving Native American Treaty Usufructs in the Supreme Court: the Mille Lacs Case |
21 Public Land & Resources Law Review 169 (2000) |
Great nations, like great men, should keep their word. Justice Hugo Black As the United States executed its policy of manifest destiny across North America, it faced a significant hurdle. Native American tribes held property rights in the lands they occupied. The United States entered into treaties to acquire tribal lands in return for... |
2000 |
| Angela R. Riley |
Recovering Collectivity: Group Rights to Intellectual Property in Indigenous Communities |
18 Cardozo Arts and Entertainment Law Journal 175 (2000) |
Holding forth at the spacious treelines with the bears and the crows, the best tellers in the tribes peel peel peel peel their words like oranges, down to the last navel, Mimicked in written forms over winter now, transposed in mythic metaphors, the interior glories from oral traditions burst in conversation and from old footprints on the trail . .... |
2000 |
| |
Remarks by President Clinton to the Pine Ridge Indian Reservation Community, July 7, 1999 |
24 American Indian Law Review 505 (2000) |
THE PRESIDENT: Thank you very much. Thank you. Thank you. Thank you, Mr. President, and thank you to all of you from Pine Ridge and the other tribal leaders who are here for HUD's Shared Vision Conference. I am profoundly honored to be in Pine Ridge and in the Lakota Nation. In fact, to try to demonstrate my appreciation and respect, I would like... |
2000 |
| Lauren E. Rosenblatt |
Removing the Eleventh Amendment Barrier: Defending Indian Land Title Against State Encroachment after Idaho V. Coeur D'alene Tribe |
78 Texas Law Review 719 (February, 2000) |
Judicial affirmation of states' rights is notoriously synonymous with the narrowing of individuals' federal rights and protections. Likewise, holdings in favor of state prerogative have often encroached upon the rights of Indian tribes. In 1997, Idaho v. Coeur d'Alene Tribe removed federal courts as a possible venue for tribes to challenge state... |
2000 |
| Catherine A. O'Neill |
Restoration Affecting Native Resources: the Place of Native Ecological Science |
42 Arizona Law Review 343 (Summer, 2000) |
Restoration, of the environment or anything else, begs the question: to what state or process or vision do restorative efforts aspire? In the context of environmental restoration, this question has been noted, and numerous offerings have followed. The National Research Council's view is that restoration is the return of an ecosystem to a close... |
2000 |
| Tim Alan Garrison |
Review Essay: Recent Works on the History of U.s. Indian Policy |
36 Tulsa Law Journal 415 (Winter 2000) |
Anthony F.C. Wallace, Jefferson and the Indians: The Tragic Fate of the First Americans (The Belknap Press of Harvard University Press 1999). David E. Wilkins, American Indian Sovereignty and the U.S. Supreme Court: The Masking of Justice (Austin: University of Texas Press 1997). Robert A. Williams, Jr., Linking Arms Together: American Indian... |
2000 |
| David B. Jordan |
Rolling the Dice on the Cyber-reservation: the Confluence of Internet Gaming and Federal Indian Law |
24 American Indian Law Review 455 (2000) |
In 1968, during an era of dramatically changing social and political values, the United States ended the traumatic and devastating saga of the Native Americans who had suffered through policies of removal, assimilation, and outright termination, by passing the Indian Civil Rights Act. The Civil Rights Act was more than just a bill of personal... |
2000 |
| M. P. Singh |
Securing the Independence of the Judiciary--the Indian Experience |
10 Indiana International & Comparative Law Review 245 (2000) |
We have provided in the Constitution for a judiciary which will be independent. It is difficult to suggest anything more to make the Supreme Court and the High Courts independent of the influence of the executive. There is an attempt made in the Constitution to make even the lower judiciary independent of any outside or extraneous influence. There... |
2000 |
| Lorie M. Graham |
Self-determination for Indigenous Peoples after Kosovo: Translating Self-determination "Into Practice" and "Into Peace" |
6 ILSA Journal of International and Comparative Law 455 (Spring, 2000) |
Numerous scholars have traced the early origins of self-determination from the Marxist precepts of class liberation to the Wilsonian ideals of democracy and freedom. However, from the moment those words were first uttered by Wilson there was an almost immediate retreat (most notably by United State's Secretary of State Robert Lansing) out of fear... |
2000 |
| Rodina Cave |
Simplifying the Indian Trust Responsibility |
32 Arizona State Law Journal 1399 (Winter, 2000) |
The concepts of trust or trust fund are nothing new to the legal world. The term trust fund evokes images of rich kids in college living the life of luxury or of an academic institution with a department that is funded through a trust. The word trust also raises images of being able to rely on the integrity of someone or to have confidence... |
2000 |
| Richard A. Monette |
Sovereignty and Survival |
86-MAR ABA Journal 64 (March, 2000) |
A young Anishinabe lawyer had been speaking on the topic of tribal sovereignty for several years before an audience member squarely asked him, What is this tribal sovereignty anyway? The Anishinabe--the Native American word for Indian--was taken aback by the question and deeply troubled by his own response, or utter lack of one. Upon retreating... |
2000 |
| Richard A. Monette |
SOVEREIGNTY AND SURVIVAL |
86-MAR ABA Journal 64 (March, 2000) |
A young Anishinabe lawyer had been speaking on the topic of tribal sovereignty for several years before an audience member squarely asked him, What is this tribal sovereignty anyway? The Anishinabe--the Native American word for Indian--was taken aback by the question and deeply troubled by his own response, or utter lack of one. Upon retreating... |
2000 |
| Pamela O'Connor |
Squaring the Circle: How Canada Is Dealing with the Legacy of its Indian Residential Schools Experiment |
28 International Journal of Legal Information 232 (Summer, 2000) |
Canada, like Australia, is belatedly confronting a problem that has long been denied and ignored. Each country is now reckoning the social costs of past policies which sought to achieve the forced assimilation of indigenous children. In Canada this policy was mainly implemented through laws requiring the compulsory attendance of Indian children at... |
2000 |
| |
Supreme Court Reviews Mineral and Gas Conveyances to Surface Patentees and Southern Ute Indian Tribe |
20 Journal of Land, Resources,and Environmental Law 125 (2000) |
In Amoco Production Co. v. Southern Ute Indian Tribe, the United States Supreme Court held that mineral land patents initially reserving title in coal to the federal government pursuant to the Coal Lands Acts of 1909 and 1910 did not include an equitable reservation of the coal bed methane gas (CBM gas). Prior to the Court's decision, the... |
2000 |
| Annie O. Wu |
Surpassing the Material: the Human Rights Implications of Informed Consent in Bioprospecting Cells Derived from Indigenous People Groups |
78 Washington University Law Quarterly 979 (Fall 2000) |
From the time man and woman first walked in the Garden of Eden, the world's resources have lain at their feet. Although they soon erected city walls and drew country borders, human beings used natural resources with generous liberality, considering all flora and fauna their rightful inheritance. Using this principle, called the Common Heritage of... |
2000 |
| Robert Laurence |
Symmetry and Asymmetry in Federal Indian Law |
42 Arizona Law Review 861 (Winter 2000) |
It must always be remembered that the various Indian tribes were once independent and sovereign nations, and that their claim to sovereignty long predates that of our own Government. In the eyes of government, we are just one race here. It is American. A good part of the complexity and intrigue of federal Indian law is disclosed by the two... |
2000 |
| Siegfried Wiessner , Marie Battiste |
The 2000 Revision of the United Nations Draft Principles and Guidelines on the Protection of the Heritage of Indigenous People |
13 Saint Thomas Law Review 383 (Fall, 2000) |
In 1990, the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities charged Dr. Erica-Irene A. Daes with the preparation of a working paper, and in 1992, a study, on the protection of indigenous cultural heritage. In 1995, Dr. Daes presented a thoroughly researched report with elaborate recommendations on the... |
2000 |
| Robert A. Fairbanks |
The American Indian Law Review's 25th Anniversary Symposium |
24 American Indian Law Review 217 (2000) |
The American Indian Law Review (AILR) was established twenty-five years ago at the University of Oklahoma College of Law to assist in the alleviation of the numerous problems that confront American Indians because of their unique relationship with the federal and state governments and their different social and cultural backgrounds. In... |
2000 |
| Eric J. Segall |
THE BLACK HOLES OF AMERICAN CONSTITUTIONAL LAW |
17 Constitutional Commentary 425 (Summer 2000) |
It has been a little more than ten years since Professor Laurence Tribe published the Second Edition of American Constitutional Law, and now he has returned with the Third Edition (Volume 1). The prior versions of the treatise have already been reviewed by some of this country's most respected constitutional law thinkers. This extensive scholarship... |
2000 |
| Alex Tallchief Skibine |
The Cautionary Tale of the Osage Indian Nation Attempt to Survive its Wealth |
9-SUM Kansas Journal of Law & Public Policy 815 (Summer, 2000) |
In these times of new found Indian wealth from gaming on Indian reservations, it is legitimate to ask the question: Will the United States government ever allow Indian tribes to be both rich and Indian at the same time? The Indian tribes used to be wealthy even by the white man's standard. Their wealth was their land. This is of course the... |
2000 |
| Alex Tallchief Skibine |
The Court's Use of the Implicit Divestiture Doctrine to Implement its Imperfect Notion of Federalism in Indian Country |
36 Tulsa Law Journal 267 (Winter 2000) |
With two hundred years worth of un-discarded baggage, and antiquated and often contradictory theories, the Supreme Court's current jurisprudence in the field of federal Indian law has mystified both academics and practitioners. None of the Supreme Court's theories within the field of Federal Indian law have been more puzzling than the implicit... |
2000 |
| Eric Kades |
The Dark Side of Efficiency: Johnson V. M'intosh and the Expropriation of American Indian Lands |
148 University of Pennsylvania Law Review 1065 (April, 2000) |
Introduction. 1068 I. The History of Johnson v. M'Intosh. 1073 A. Land Title and Alienability in Early America. 1073 B. The Purchases of the Illinois and the Wabash Land Companies. 1081 C. The Litigation of Johnson v. M'Intosh. 1090 1. Prelude. 1090 2. Supreme Court Arguments and Holdings. 1093 3. Marshall's Version of Indian Title. 1096 4. Legal... |
2000 |
| Benjamin W. Thompson |
The De Facto Termination of Alaska Native Sovereignty: an Anomaly in an Era of Self-determination |
24 American Indian Law Review 421 (2000) |
Chefornak is a village of two hundred Eskimos, on the edge of the Bering Sea. I arrived on the day the people had met to consider the adoption of a written tribal constitution. Discussion went on in Yup'ik for an afternoon. Their sense that a tribal government is best for them was manifest, for they consider that neither a municipal form of... |
2000 |
| Christopher B. Chaney |
The Effect of the United States Supreme Court's Decisions During the Last Quarter of the Nineteenth Century on Tribal Criminal Jurisdiction |
14 BYU Journal of Public Law 173 (2000) |
The roots of modern federal Indian law were established in a trilogy of United States Supreme Court decisions written by Justice John Marshall during the period of 1823 to 1832. In Johnson v. McIntosh, the Supreme Court established the notion of European discovery as the basis upon which the United States government obtained control over its... |
2000 |
| Vejay Lalla |
The Effectiveness of the Comprehensive Test Ban Treaty on Nuclear Weapons Proliferation: a Review of Nuclear Non-proliferation Treaties and the Impact of the Indian and Pakistani Nuclear Tests on the Non-proliferation Regime |
8 Cardozo Journal of International and Comparative Law 103 (Spring 2000) |
On May 11, 1995, the world seemed to be a safer place when 178 countries agreed to permanently extend the United Nations Nuclear Non-Proliferation Treaty (NPT). On September 10, 1996, the United Nations General Assembly (UNGA) signed the Comprehensive Test Ban Treaty (CTBT), which was designed to ban all nuclear weapons test explosions and... |
2000 |
| Matthew Perkins |
The Federal Indian Trust Doctrine and the Bald and Golden Eagle Protection Act: Could Application of the Doctrine Alter the Outcome in U.s. V. Hugs? |
30 Environmental Law 701 (Summer, 2000) |
The Ninth Circuit Court of Appeals recently affirmed the conviction of Native American tribal members in United States v. Hugs, finding them in violation of the Bald and Golden Eagle Protection Act (BGEPA). This Chapter discusses the implications of the court's holding on Native American claims asserting infringement of their First Amendment right... |
2000 |
| Earl M. Maltz |
The Fourteenth Amendment and Native American Citizenship |
17 Constitutional Commentary 555 (Winter 2000) |
Studies of the federal government's treatment of racial discrimination during the immediate post-Civil War era have dealt almost exclusively with problems related to the status of free blacks. This focus is in many respects entirely understandable. After all, the debate over black rights was a major factor dividing the Republican and Democratic... |
2000 |
| Jim Littlejohn |
The Impact of the Native American Languages Act on Public School Curriculum: a Different View |
29 Journal of Law and Education 481 (October, 2000) |
Does the Native American Languages Act (NALA) of 1990 require local schools to teach Native American students in their native language? Scott Ferrin argued that the wide latitude given to state and local educational agencies to choose educational programs for language minority students is inappropriate when applied to Native American students. He... |
2000 |
| Samuel Prim |
The Indian Child Welfare Act & the Existing Indian Family Exception: Rerouting the Trail of Tears? |
24 Law & Psychology Review 115 (Spring, 2000) |
There has been constant pressure to change Native Americans' way of thinking since Christopher Columbus landed on the North American continent in 1492. Over the years, the federal government has led the push to assimilate the Indians to the white man's ways. This includes the forced migration of Indians from their native lands in the eastern United... |
2000 |
| Hon. Maurice Portley |
The Indian Child Welfare Act : a Primer |
36-FEB Arizona Attorney 24 (February, 2000) |
The Indian Child Welfare Act was enacted to protect the best interests of Indian chil dren and to promote the stability and security of Indian tribes and families. It was congressional acknowledgment that an alarmingly high percentage of Indian families are broken up by the removalof their children and placed in non-Indian homes without... |
2000 |
| |
The Indians' Chief Problem: Chief Wahoo as State Sponsored Discrimination and a Disparaging Mark. By Jack Achiezer Guggenheim. 46 Cleveland State Law Review 211-37, 1998. (Order From: Cleveland-marshall College of Law, Cleveland State University, Business |
90 The Trademark Reporter 806 (September-October, 2000) |
This article explores constitutional state action and Lanham Act theories for attacking the use of Chief Wahoo as a mascot and symbol for the Cleveland Indians baseball team. A well written piece of advocacy journalism, the article nonetheless presents arguments on both sides. While the content does have general value in referencing various... |
2000 |
| Ann Tweedy |
THE LIBERAL FORCES DRIVING THE SUPREME COURT'S DIVESTMENT AND DEBASEMENT OF TRIBAL SOVEREIGNTY |
18 Buffalo Public Interest Law Journal 147 (2000) |
This paper examines the Supreme Court's substantial abandonment of a territorially based conception of Indian tribal sovereignty in favor of a consent-based conception and its recent characterization of tribal sovereignty as a special right, which may be claimed only by weak and dependent tribes. It ultimately attributes these trends, in... |
2000 |
| Renee M. Kosslak |
The Native American Graves Protection and Repatriation Act: the Death Knell for Scientific Study? |
24 American Indian Law Review 129 (2000) |
I. Introduction. 130 II. Origins of The Native Graves Protection and Repatriation Act. 133 A. How American Indian Remains, Funerary Objects, Sacred Objects and Objects of Cultural Patrimony Ended Up in Federal Hands. 133 B. Pre-Repatriation Legislation. 134 III. The Native Graves Protection and Repatriation Act. 136 A. Scope. 137 1. Who Is... |
2000 |
| S. James Anaya |
The United States Supreme Court and Indigenous Peoples: Still a Long Way to Go Toward a Therapeutic Role |
24 Seattle University Law Review 229 (Fall 2000) |
The United States Supreme Court has long played a major role in defining the relationship between the country's majority institutions and its indigenous peoples. The history of Supreme Court jurisprudence regarding Native Americans has included, on the one hand, early and continuing recognition of original rights of sovereignty and property on... |
2000 |
| John W. Ragsdale, Jr. |
The United Tribe of Shawnee Indians: Resurrection in the Twentieth Century |
68 UMKC Law Review 351 (Spring, 2000) |
C1-4TABLE OF CONTENTS I. L2-3,T3Introduction 351 II. L2-3,T3Removal, Recognition and Dispossession in the Nineteenth Century 352 III. L2-3,T3Shawnee Reserve, Lot 206: Fractionation, Consolidation and Partition 362 IV. L2-3,T3Jurisdictional Clashes on Lot 206 368 A. Criminal Jurisdiction Over Lot 206. 369 B. Sales Tax, Civil Jurisdiction, and the... |
2000 |
| John W. Ragsdale, Jr. |
The United Tribe of Shawnee Indians: the Battle for Recognition |
69 UMKC Law Review 311 (Winter, 2000) |
After the outbreak of World War II, the federal government began to acquire farmlands south of the Kansas River, near the town of DeSoto, Kansas, for use as a munitions manufacturing site. The government assembled over 9,000 acres, and the Sunflower Army Ammunition Plant (SFAAP) became one of the world's largest manufacturers of gunpowder and... |
2000 |
| John W. Ragsdale, Jr. |
THE UNITED TRIBE OF SHAWNEE INDIANS: THE BATTLE FOR RECOGNITION |
69 UMKC Law Review 311 (Winter, 2000) |
After the outbreak of World War II, the federal government began to acquire farmlands south of the Kansas River, near the town of DeSoto, Kansas, for use as a munitions manufacturing site. The government assembled over 9,000 acres, and the Sunflower Army Ammunition Plant (SFAAP) became one of the world's largest manufacturers of gunpowder and... |
2000 |
| Kevin Gover |
There Is Hope: a Few Thoughts on Indian Law |
24 American Indian Law Review 219 (2000) |
Thank you very much for giving me this opportunity to be here. I have a particular interest in and fondness for law school, obviously, having spent three years in law school myself. It is a little known fact, it used to be on my resume, but somehow dropped off, that I once won second place in the American Indian law writing competition which was... |
2000 |
| Rennard Strickland |
Things Not Spoken: the Burial of Native American History, Law and Culture |
13 Saint Thomas Law Review 11 (Fall, 2000) |
The theme of this conference, Sacred Sites and Modern Lives, is important not only for Native Americans but for all Americans. Indeed, the relationship between indigenous peoples and their traditional homelands is an issue of global significance. Throughout the world we are hearing what Dr. Erica-Irene A. Daes called the voice of loneliness and... |
2000 |
| Jace Weaver, Yale University |
Thomas W. Cowger, the National Congress of American Indians: the Founding Years. Lincoln: University of Nebraska Press, 1999. Xiii, 217 Pp. $45.00 |
44 American Journal of Legal History 322 (July, 2000) |
In late 1944, nearly eighty Native Americans from fifty tribal nations gathered at the Cosmopolitan Hotel in Denver. The meeting was the largest pan-Indian assembly in modern history, and the organization they created, the National Congress of American Indians (NCAI), would become the largest, longest-lasting, and most successful lobbying group for... |
2000 |
| Gelvina Rodriguez Stevenson |
Trade Secrets: the Secret to Protecting Indigenous Ethnobiological (Medicinal) Knowledge |
32 New York University Journal of International Law & Politics 1119 (Summer 2000) |
Intellectual property is one of the fastest growing areas of law. The idea of applying intellectual property laws to protect indigenous ethnobiological knowledge from exploitation is spreading as pharmaceutical companies and other major corporations earn greater profits from plant research in the development of medicine. An active debate is... |
2000 |
| David P. Kelly |
Trading Indigenous Rights: the Nafta Side Agreements as an Impetus for Human Rights Enforcement |
6 Buffalo Human Rights Law Review 113 (2000) |
Protests at the recent World Trade Organization (WTO) conference in Seattle, Washington make certain that free trade is not a universally accepted practice. Compelling arguments exist for and against free trade, and to be sure, its economic benefits could be grand. However, as presently practiced, free trade also breeds losers . The losers from... |
2000 |