| Author | Title | Citation | Summary | Year |
| 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 |
| 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 |