AuthorTitleCitationSummaryYear
Heather S. Archer Effect of United Nations Draft Declaration on Indigenous Rights on Current Policies of Member States 5 Journal of International Legal Studies 205 (Summer, 1999) The Acoma and Zuni Pueblo peoples of the southwestern United States have considered the Salt Lake in Utah to be sacred since time immemorial. The pilgrimage trial to the Salt Lake made by their ancestors, and continued to the present day, also holds great historical and cultural significance to the Pueblo peoples. In 1997, the legislature of New... 1999
Richard Monette Environmental Justice and Indian Tribes: the Double-edged Tomahawk of Applying Civil Rights Laws in Indian Country 76 University of Detroit Mercy Law Review 721 (Spring 1999) Recent developments applying civil rights laws in the environmental law arena have raised perhaps the most peculiar set of issues facing Indian Tribes today. Some Tribes may find that dealing with gaming issues, which create stakes worth millions of dollars, is a more efficient use of their time and energy. On the other hand, upholding age-old... 1999
Richard Monette ENVIRONMENTAL JUSTICE AND INDIAN TRIBES: THE DOUBLE-EDGED TOMAHAWK OF APPLYING CIVIL RIGHTS LAWS IN INDIAN COUNTRY 76 University of Detroit Mercy Law Review 721 (Spring 1999) Recent developments applying civil rights laws in the environmental law arena have raised perhaps the most peculiar set of issues facing Indian Tribes today. Some Tribes may find that dealing with gaming issues, which create stakes worth millions of dollars, is a more efficient use of their time and energy. On the other hand, upholding age-old... 1999
Kevin V. Clarke Environmental Justice and Native Americans at the Department of Energy Hanford Site 10 Fordham Environmental Law Journal 319 (Symposium, 1999) In March 1998, the Environmental Protection Agency produced a guidance document that provided the following definition of environmental justice: Environmental justice is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, culture, or income with respect to the development, implementation,... 1999
Siegfried Wiessner Esa India! Latcrit Theory and the Place of Indigenous Peoples Within Latina/o Communities 53 University of Miami Law Review 831 (July, 1999) LatCrit, as I understand it, stands in a great tradition. With American Legal Realism, it shares the focus on the empirical rather than the normative. Transcending, however, the Realist emphasis on analysis, and harnessing the sensitivities of the outsider, the LatCrit movement has formed around a powerful policy objective: the goal of overcoming... 1999
Eric Biber Exploring Regulatory Options for Controlling the Introduction of Non-indigenous Species to the United States 18 Virginia Environmental Law Journal 375 (1999) I. Introduction. 377 II. The Nature of the NIS Problem. 378 A. Negative Impacts of NIS. 379 B. Beneficial Impacts of NIS. 382 C. Pathways for NIS Introduction. 383 D. Difficulty of Controlling NIS. 386 III. Current Laws Addressing the NIS Problem. 389 A. Federal Law. 390 1.Federal Statutes. 390 2. Critiques of Current Federal Law. 396 B. State Law.... 1999
Heather A. Weckbaugh Federal Indian Law 76 Denver University Law Review 845 (1999) The United States Court of Appeals for the Tenth Circuit decided several issues dealing with Native Americans between August 31, 1997 and September 1, 1998. The decisions reinforced and delineated Native American dependence on the states and the federal government. This survey will address and analyze Tenth Circuit decisions that reinforced... 1999
David B. Jordan Federal Indian Law: Tribal Sovereign Immunity: Why Oklahoma Businesses Should Revamp Legal Relationships with Indian Tribes after Kiowa Tribe V. Manufacturing Technologies, Inc. 52 Oklahoma Law Review 489 (Fall, 1999) In May 1998, the United States Supreme Court decided Kiowa Tribe v. Manufacturing Technologies, Inc. For Oklahoma, the Supreme Court decision represented a significant shift in Oklahoma's jurisprudence regarding tribal sovereign immunity. In essence, the Supreme Court held that Indian tribes are immune from suit in state and federal court on... 1999
PRADEEP K. CHHIBBER, SUMIT K. MAJUMDAR, University of Michigan, Imperial College of Science, Technology and Medicine Foreign Ownership and Profitability: Property Rights, Control, and the Performance of Firms in Indian Industry 42 Journal of Law & Economics 209 (4/1/1999) This study examines the influence of foreign ownership on the performance of firms operating in India. Foreign ownership is categorized according to the control exercisable at different levels of ownership. These categories are, in turn, determined by the institutional structure of the Indian environment that helps define the property rights... 1999
Mary E. Gillingham Gaining Access to Water: Formal and Working Rules of Indigenous Irrigation Management on Mount Kilimanjaro, Tanzania 39 Natural Resources Journal 419 (Summer, 1999) Using the example of indigenous irrigation on Mount Kilimanjaro, Tanzania, this paper illustrates that operating beneath the formal rules of irrigation organization is a series of working rules that people use to actually obtain access to water. It is argued that one of the reasons that indigenous irrigation systems are sustainable and flexible... 1999
Michelle Hibbert Galileos or Grave Robbers? Science, the Native American Graves Protection and Repatriation Act, and the First Amendment 23 American Indian Law Review 425 (1998/1999) Hailed by some as premier Native American civil rights legislation but lambasted by others as representing an impermissible infringement on scientific inquiry, the Native American Graves Protection and Repatriation Act of 1990 directs all museums and institutions receiving federal money to identify, inventory, and repatriate Native American... 1999
Stephanie Dean Getting a Piece of the Action: Should the Federal Government Be Able to Tax Native American Gambling Revenue? 32 Columbia Journal of Law and Social Problems 157 (Winter, 1999) In recent years, gambling has become increasingly popular and many Native American tribes have capitalized on this trend by offering gaming on their reservations. The General Accounting Office has estimated that Indian gambling has become a six billion dollar a year industry. Some form of legalized gambling exists in every state except Utah and... 1999
Scott B. McElroy History Repeats Itself--a Response to the Opponents of the Colorado Ute Indian Water Rights Settlement Act of 1988 2 University of Denver Water Law Review 244 (Spring, 1999) In objecting to the taking of land belonging to the Tuscora Indian Nation for a power plant, Justice Black said: Great Nations, like great men, should keep their word. That message is lost on Alison Maynard and the parties she represents who seek to deny the Ute Mountain Ute and Southern Ute Indian Tribes (Ute Tribes or Tribes) the principal... 1999
Dr. Helen Hornbeck Tanner History Vs. The Law: Processing Indians in the American Legal System 76 University of Detroit Mercy Law Review 693 (Spring 1999) In March 1998, the University of Detroit Mercy Law School held a conference on the landmark case, United States v. Michigan, to honor those involved in the litigation and to dedicate the Law School's new Indian Law Center. It was a great honor to have Dr. Tanner speak at the dedication and share with others the very important history of the case,... 1999
David Ray Papke How the Cheyenne Indians Wrote Article 2 of the Uniform Commercial Code 47 Buffalo Law Review 1457 (Fall 1999) Discussions of the theory behind Article 2 of the Uniform Commercial Code and modern sales law invariably involve scholar Karl Llewellyn and the school of American jurisprudence known as legal realism. While a professor at the Columbia University Law School in 1930, Llewellyn coined the phrase legal realism. He then engaged in an early and... 1999
Barbara Ann Atwood IDENTITY AND ASSIMILATION: CHANGING DEFINITIONS OF TRIBAL POWER OVER CHILDREN 83 Minnesota Law Review 927 (April, 1999) The Elders spoke, You, yes, you young, listen today for one day we will be gone! You will take care of the foods, for they are out there! The fish in the water, they return today for each of us. . . . The Elders spoke in words, and used body language and different types of objects--wood, rocks, and animals. Each of the words were heard by the... 1999
  Ii. Criminal Law and Procedure 1999 Utah Law Review 1144 (1999) In its 1999 General Session, the Utah Legislature passed first substitute House Bill 192 (the Amendments) that increases the penalty for antiquities crimes and modifies the crime of abuse or desecration of a dead human body. Specifically, the Amendments make four significant changes to Utah law. First, they increase the penalty for disturbing... 1999
B.J. JONES In Their Native Lands: the Legal Status of American Indian Children in North Dakota 75 North Dakota Law Review 241 (1999) American Indian children in North Dakota shoulder a unique legal status. They are citizens of three separate political entities: the United States, the state of North Dakota, and the Indian tribe to which they belong. Because the Indian tribes to which they belong maintain a distinctive political relationship with the United States government,... 1999
Timothy M. Larason Incentives Are Available for Businesses with Property or Employees on Indian Reservations 9-OCT Journal of Multistate Taxation and Incentives 12 (October, 1999) Because of the lack of publicity, many taxpayers may have failed to claim the benefits and should now consider catching up. IRC Sections 45A and 168(j),enacted as part of the federal Revenue Reconciliation Act of 1993, provide tax incentives for private businesses located on Indian reservations. Section 168(j) allows shorter depreciation recovery... 1999
Joe Laxague Indian Gaming and Tribal-state Negotiations: Who Should Decide the Issue of Bad Faith? 25 Journal of Legislation 77 (1999) The spread of legalized gambling is one of the most controversial issues in America today. Despite the fact that revenues from gaming on Indian reservations and trust lands comprise only six percent of the national market, Indian gaming has generated a fervent legal controversy that pits supporters of tribal sovereignty against state governments... 1999
Fred Lomayesva Indian Identity-post Indian Reflections 35 Tulsa Law Journal 63 (Fall, 1999) American Indians face conflicting messages about the meaning of their identity. Arguments over who is an Indian within the Indian community reflect these conflicting messages. For example, it is argued that one must possess a quarter or more Indian blood to be an Indian. Alternatively, others argue that one's degree of Indian blood is less... 1999
Geoffrey D. Strommer ; and Craig A. Jacobson Indian Tribes and the Base Realignment and Closure Act: Recommendations for Future Trust Land Acquisitions 75 North Dakota Law Review 509 (1999) Since the end of the Cold War, the United States Department of Defense has been engaged in a process of downsizing the military bases it uses to support defense objectives. This process is controlled by the Base Realignment and Closure Act (BRAC) and has already resulted in the closure of a large number of bases in the United States through BRAC... 1999
Rupa Gupta Indigenous Peoples and the International Environmental Community: Accommodating Claims Through a Cooperative Legal Process 74 New York University Law Review 1741 (December, 1999) For centuries, the Inuit peoples of the Arctic region have relied on whale hunting for physical sustenance, and the hunt serves as the central ritual of their culture. During the past century, however, commercial overhunting has seriously endangered whale populations, and environmentalists have taken up their cause, pushing for a moratorium on... 1999
Andrea K. Leisy Inherent Tribal Sovereignty and the Clean Water Act: the Effect of Tribal Water Quality Standards on Non-indian Lands Located Both Within and Outside Reservation Boundaries 29 Golden Gate University Law Review 139 (Spring, 1999) In City of Albuquerque v. Browner, the United States Court of Appeals for the Tenth Circuit held, in part, that the Environmental Protection Agency's (EPA) construction of the 1987 amendment to the Clean Water Act (CWA) was permissible because the amendment is in accord with the doctrine of Indian tribal sovereignty. Specifically, the EPA... 1999
Andrea K. Leisy INHERENT TRIBAL SOVEREIGNTY AND THE CLEAN WATER ACT: THE EFFECT OF TRIBAL WATER QUALITY STANDARDS ON NON-INDIAN LANDS LOCATED BOTH WITHIN AND OUTSIDE RESERVATION BOUNDARIES 29 Golden Gate University Law Review 139 (Spring, 1999) In City of Albuquerque v. Browner, the United States Court of Appeals for the Tenth Circuit held, in part, that the Environmental Protection Agency's (EPA) construction of the 1987 amendment to the Clean Water Act (CWA) was permissible because the amendment is in accord with the doctrine of Indian tribal sovereignty. Specifically, the EPA... 1999
John R. Boyce , Mats A.N. Nilsson Interest Group Competition and the Alaska Native Land Claims Settlement Act 39 Natural Resources Journal 755 (Fall, 1999) This article examines the competition among three main sets of interest groups during the struggle to resolve the Native land claims issue: the Natives, the development interests (oil companies and the state of Alaska) and conservation interests (environmentalists and the Department of Interior). We examine the history of the Native land claims... 1999
  Intergovernmental Compacts in Native American Law: Models for Expanded Usage 112 Harvard Law Review 922 (February, 1999) Don't bring us your poor, your tired, your huddled masses yearning to breathe free. . . . Bring us a good deal. Dennis Gibb, Acting Director of Economic Development, Puyallup Tribe. Native Americans and state governments have witnessed tension and divisiveness mar their interactions since the Nation's founding. Fortunately, recognition that states... 1999
Kristen A. Carpenter Interpreting Indian Country in State of Alaska V. Native Village of Venetie 35 Tulsa Law Journal 73 (Fall, 1999) I think that the [Alaska Native Claims Settlement Act] will never fully to the extent advocate and stand individually for the real Native part of us. I think that ANCSA is not totally Native. It is written in the Western-adopted ways, and that it has that business nature where the land is collateral, just like a car or anything. Anyone, in one way... 1999
Chris Seldin Interstate Marketing of Indian Water Rights: the Impact of the Commerce Clause 87 California Law Review 1545 (December, 1999) In recent years, Native American Indian tribes and Indian law commentators have increasingly advocated off-reservation uses of Indian water rights. They note that, for many tribes, marketing tribal water off-reservation can generate substantial revenue from a resource for which the tribes have little present use on the reservation. Finding... 1999
Larry EchoHawk Is it Time for the State of Idaho to Return Civil and Criminal Jurisdiction it Assumed in 1963 over Indian Reservations? 42-DEC Advocate (Idaho) 9 (December, 1999) One of the five Indian tribes in Idaho wants the State of Idaho to give back civil and criminal jurisdiction it took over the objection of tribal members 36 years ago. On February 1, 1999, Idaho's largest Indian tribe, the Shoshone-Bannock Tribes, introduced Senate Bill 1086 in the Idaho Legislature. This bill requested the State of Idaho to... 1999
Holly T. Kuschell-Haworth Jumping Through Hoops: Traditional Healers and the Indian Health Care Improvement Act 4 DePaul Journal of Health Care Law 843 (Summer 1999) Vernon Cooper, Lumbee healer Traditional Indian medicine has been a part of Native American health and well-being for hundreds of years. For centuries, Native American people have looked to their tribal healers to prevent or cure physical, mental and/or spiritual aliments through the use of a complex pharmacology and/or ceremony. For many Native... 1999
Christopher W. Day KIOWA TRIBE V. MANUFACTURING TECHNOLOGIES, INC.: DOING THE RIGHT THING FOR ALL THE WRONG REASONS 49 Catholic University Law Review 279 (Fall 1999) The doctrine of sovereign immunity derives from the ancient concept that the King could do no wrong. The United States has incorporated this principle into its system of justice in order to protect the federal and state governments from suit by their own and foreign citizens. In practice, the doctrine of sovereign immunity precludes parties from... 1999
Eileen M. Luna , University of Arizona Law Enforcement Oversight in the American Indian Community 4 Georgetown Public Policy Review 149 (Spring, 1999) American Indian tribal governments have recently begun to create and implement tribal police departments. While the provision of such services can contribute to tribal sovereignty, police misconduct endures in tribal communities. In response, tribal governments have developed law enforcement oversight systems, which allow for community input into... 1999
Robert B. Porter Legalizing, Decolonizing, and Modernizing New York State's Indian Law 63 Albany Law Review 125 (1999) The Indian Law, although a part of the scheme of general laws, is but a collection of special statutes relating to the several tribes of Indians remaining in the state. Following this plan an examination has been made of all statutes relating to Indians, and such as were found to be unrepealed but superceded or obsolete have been placed in the... 1999
André Douglas Pond Cummings Lions and Tigers and Bears, Oh My or "Redskins and Braves and Indians, Oh Why": Ruminations on Mcbride V. Utah State Tax Commission, Political Correctness, and the Reasonable Person 36 California Western Law Review 11 (Fall 1999) It is to be hoped that one day all offensive and derogatory language, speech, and symbols predicated on race will be completely eradicated from our culture. In the meantime, public officials have the obligation to ensure that they are not used with the imprimatur of the State. On January 29, 1999, the Utah Supreme Court handed down an important and... 1999
  Lone Wolf V. Hitchcock 8-WTR Kansas Journal of Law & Public Policy 174 (Winter 1999) Editor's note: This opinion was written following the re-argument of the original Lone Wolf Opinion. This re-argument occurred at the first Tribal Law and Governance Conference on September 26-27, 1998, in Lawrence, Kansas. The original Lone Wolf opinion can be found at 187 U.S. 553 (1903). Per Curiam opinion. In 1867, a treaty was concluded with... 1999
Charles A. Gourd Making a Name for Ourselves: the United Nations Draft Statement on the Rights of Indigenous Peoples 7 Tulsa Journal of Comparative & International Law 121 (Fall, 1999) The Draft United Nations (U.N.) Declaration is a product of the U.N. declaration of the Decade of the World's Indigenous Peoples. This decade ends in 2004. The Declaration addresses many rights of indigenous peoples: affirming indigenous peoples' basic human rights, fundamental freedoms and full equality under the law; affirming indigenous peoples'... 1999
Heather G. Pennington Marking the Path Post-cotton: the Supreme Court Reaffirms Dual Taxation in Montana V. Crow Tribe of Indians 14 Journal of Natural Resources & Environmental Law 271 (1998-1999) In Montana v. Crow Tribe of Indians, the Supreme Court held that the Crow Tribe of Indians (Tribe) was not entitled to receive disgorgement of improperly levied severance and gross proceed taxes. The taxes at issue had been paid by the Tribe's non-Indian mineral lessee to the State of Montana and Big Horn County prior to 1982. Although the... 1999
  Minnesota 1998-99 Preview of United States Supreme Court Cases 32 (7/26/1999) Opinion by Justice OConnor Dissent by Chief Justice Rehnquist (joined by Justices Scalia, Kennedy, and Thomas) Dissent by Justice Thomas See ABA Preview 149 (Nov. 20, 1998) for case analysis. DECISION: In a 5-4 ruling, the Supreme Court held that the Mille Lacs Band of Chippewa Indians retain certain hunting and fishing rights on ceded land under... 1999
Michael J. Davidson Native American Cultural Protection Issues in Government Contracts 28 Public Contract Law Journal 189 (Winter, 1999) I. Introduction 189 II. Applicable Federal Statutes 191 A. Antiquities Act 191 B. Archaeological Resources Protection Act of 1979 192 C. National Historic Preservation Act 195 D. The Historical and Archaeological Data Preservation Act 195 E. Native American Graves Protection and Repatriation Act 196 III. Other Contractual Implications: Case... 1999
Susan Scafidi Native Americans and Civic Identity in Alta California 75 North Dakota Law Review 423 (1999) One year after California successfully petitioned for statehood, news surfaced in the southern part of the state that a shrewd Indian named Roane was impersonating an American alcalde. While this unauthorized assumption of administrative and perhaps judicial functions may or may not have proven lucrative for the purported office-holder, it... 1999
Hale E. Sheppard Native Forest Protection in Chile: the Inadequacies of the Recent Environmental Framework Law and Relevant Multilateral Instruments 14 Journal of Environmental Law & Litigation 225 (1999) Acronyms CENMA National Environmental Center/Centro Nacional del Medio Ambiente CEPAL Economic Commission of the United Nations for Latin America CODEFF Comité Nacional Pro Defensa de la Fauna y Flora CONAF National Forestry Corporation of Chile/Corporación Nacional Forestal CONAMA National Environmental Commission COREMA Regional Environmental... 1999
  Ncsl Adopts Sales Tax Policies on Electronic, Indian Commerce 9-OCT Journal of Multistate Taxation and Incentives 41 (October, 1999) At its Silver Anniversary annual meeting in Indianapolis in July, the National Conference of State Legislatures (NCSL) adopted two policy statements in the area of sales and use taxes. Electronic commerce. As business on the Internet increases, the states have been struggling to determine whether and how to tax electronic commerce. One report at... 1999
Steven M. Karr Now We Have Forgotten the Old Indian Law: Choctaw Culture and the Evolution of Corporal Punishment 23 American Indian Law Review 409 (1998/1999) Unconsciously the savage, in his primitive thought concepts based upon physical reaction, went beyond either morality or its religious correlations. The abstract concepts of good and evil, as we understand them, and as Christianity broadcast them through the mouthpiece of its anthropomorphic godhead, meant nothing at all to the savage. Because of... 1999
Alexis A. Lury Official Insignia, Culture, and Native Americans: an Analysis of Whether Current United States Trademark Law Should Be Changed to Prevent the Registration of Official Tribal Insignia 1 Chicago-Kent Journal of Intellectual Property 137 (Fall, 1999) The United States is a multinational and multicultural country. As such, the United States must constantly balance the interests of the numerous cultural, ethnic, political and racial groups that exist within its borders. However, differences exist even within each of these groups. Of particular concern to the United States and its people are the... 1999
Terese Dillingham Playing Reindeer Games: Native Alaskans and the Federal Trust Doctrine 26 Boston College Environmental Affairs Law Review 649 (Spring, 1999) The Reindeer Industry Act of 1937 established a de facto Native Alaskan monopoly in the reindeer industry as a means of subsistence that would allow Native Alaskans to remain self-sufficient and continue to practice their traditional customs. In 1997, the Ninth Circuit held that the Reindeer Act did not preclude non-Natives from owning and selling... 1999
Sandra C. Ruffin Postmodernism, Spirit Healing, and the Proposed Amendments to the Indian Child Welfare Act 30 McGeorge Law Review 1221 (Summer, 1999) There is only one child and her name is Children A Native American Saying Nothing in this article is true; it's just the way things are. The suicide rate among Indian youths is twice the national average. Social scientists directly attribute this aggravated rate to the identity crisis resulting from Indian children being raised outside of their... 1999
Richard A. Epstein Property Rights Claims of Indigenous Populations: the View from the Common Law 31 University of Toledo Law Review Rev. 1 (Fall 1999) Editor's Note: The following is an edited and expanded transcript of Professor Richard Epstein's speech given September 8, 1999 at the Stranahan National Issues Forum at the University of Toledo College of Law. Professor Epstein has written extensively on governmental takings, private property, and the power of eminent domain. THE topic of this... 1999
Victor H. Holcomb Prosecution of Non-indians for Non-serious Offenses Committed Against Indians in Indian Country 75 North Dakota Law Review 761 (1999) The federal government has exclusive authority to prosecute crimes committed on Indian lands by non-Indians against Indians. Thus, when the perpetrator is non-Indian, Indian tribes and their separate members are entirely dependent on the federal government for the benefits of meaningful law enforcement that other Americans receive from state and... 1999
Scott Ellis Ferrin, J.D., Ed.D. Reasserting Language Rights of Native American Students in the Face of Proposition 227 and Other Language-based Referenda 28 Journal of Law and Education Educ. 1 (January, 1999) This article argues for a new analysis of the language rights of Native American students that takes into account under-utilized federal policy and statements of rights as enunciated in the Native American Languages Act. The author also suggests that the wide latitude given to state and local governmental and educational agencies to choose almost... 1999
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