AuthorTitleCitationSummaryYear
Brian A. Schmidt Reconciling Section 7 of the Endangered Species Act with Native American Reserved Water Rights 18 Stanford Environmental Law Journal 109 (January, 1999) I. Introduction. 110 II. Native American Water Rights in Western States. 112 A. Water Rights Determined by State Law. 112 B. Native American Water Rights Determined by Federal Law. 114 III. Endangered Species Act Limitations on Winters Rights. 115 A. Necessity of Federal Government Involvement in Native American Water Projects. 116 B. ESA Section 7... 1999
Larry Sager Rediscovering America: Recognizing the Sovereignty of Native American Indian Nations 76 University of Detroit Mercy Law Review 745 (Spring 1999) Where there is law, there is injustice. -- Leo Tolstoy There exists . . . a solidarity through which each shares responsibility for every injustice and every wrong committed in his presence or of which he cannot be ignorant. If I do not do whatever I can to prevent them, I am an accomplice to them. -- Karl Jaspers This article advocates the... 1999
Andrew Huff Resource Development and Human Rights: a Look at the Case of the Lubicon Cree Indian Nation of Canada 10 Colorado Journal of International Environmental Law and Policy 161 (Winter, 1999) [Canada] submits that, based on the evidence of the Alberta Court of Queen's Bench and the Court of Appeal . . . the socio-economic conditions of the [Lubicon Cree] Band, its way of life, livelihood and means of subsistence have not been irreparably damaged, nor are they under imminent threat. Report of the United Nations Human Rights Committee,... 1999
By Jon M. Van Dyke Rice 1999-00 Preview of United States Supreme Court Cases 36 (9/13/1999) Hawaii's constitution says that only persons of Native Hawaiian ancestry can vote for the nine trustees of the Office of Hawaiian Affairs. In upholding this voting restriction, the Ninth Circuit reasoned that the federal government's goal of promoting and facilitating self-governance for all Native Americans also applies to the Native Hawaiian... 1999
Siegfried Wiessner Rights and Status of Indigenous Peoples: a Global Comparative and International Legal Analysis 12 Harvard Human Rights Journal 57 (Spring, 1999) Wounded Knee, the Trail of Tears, the Siege of Cusco --these words, vessels of meaning, capture only a tiny fragment of the history of suffering, actual and cultural genocide, conquest, penetration, and marginalization endured by indigenous peoples around the world. The focus of the International Decade of the World's Indigenous People is to honor... 1999
Dune Lankard Sacred Places: Indian Rights after the Exxon Valdez Oil Spill 10 Fordham Environmental Law Journal 371 (Symposium, 1999) I am very excited to be here, because it is very seldom that I get a chance to talk about environmental racism, and how it affects me on a daily basis in Alaska. Prior to the Exxon Valdez oil spill on March 24, 1989, I had a very simple life as a commercial fisherman and subsistence fisherman in Prince William Sound in the Copper River Delta. My... 1999
John P. LaVelle Sanctioning a Tyranny: the Diminishment of ex Parte Young, Expansion of Hans Immunity, and Denial of Indian Rights in Coeur D'alene Tribe 31 Arizona State Law Journal 787 (Fall, 1999) The government of the United States has been emphatically termed a government of laws, and not of men. It will certainly cease to deserve this high appellation, if the laws furnish no remedy for the violation of a vested legal right. -Chief Justice John Marshall They made many promises to us, but they only kept one: they promised to take our land,... 1999
John P. LaVelle SANCTIONING A TYRANNY: THE DIMINISHMENT OF EX PARTE YOUNG, EXPANSION OF HANS IMMUNITY, AND DENIAL OF INDIAN RIGHTS IN COEUR D'ALENE TRIBE 31 Arizona State Law Journal 787 (Fall, 1999) The government of the United States has been emphatically termed a government of laws, and not of men. It will certainly cease to deserve this high appellation, if the laws furnish no remedy for the violation of a vested legal right. -Chief Justice John Marshall They made many promises to us, but they only kept one: they promised to take our land,... 1999
John B. Ridgley Skokomish Indian Tribe V. Fitzsimmons, 982 P.2d 1179 (Wash. Ct. App. 1999)(Holding Department of Ecology Action Arbitrary and Capricious by Failing to Object to Federal Energy Regulatory Commission Licensing Where Project to Federal Energy Regulatory Comm 3 University of Denver Water Law Review 210 (Fall 1999) On November 15, 1974, the City of Tacoma applied to the Federal Energy Regulatory Commission (FERC) for licensing of the Cushman Dam Project (Project). The proposed project would balance the designated uses with the public health and safety concerns of the flood prone Skokomish River. The Skokomish Indian Tribe (Tribe) actively participated... 1999
Martha A. Fodor Sovereign Immunity--indian Tribes--indian Mining Leasing Act of 1938-- Taxation--restitution 37 Duquesne Law Review 671 (Summer 1999) The Crow Tribe (Tribe) ceded a portion of its non-reservation land to the United States in 1904. Although the United States conveyed the surface rights of the strip to various non-Indians, the United States continued to hold the mineral rights underlying the strip in trust for the Tribe. The Tribe entered into a coal mining lease agreement with... 1999
Hurst Hannum Sovereignty and its Relevance to Native Americans in the Twenty-first Century 23 American Indian Law Review 487 (1998/1999) Before I begin, let me make clear that I speak to you today as an international lawyer, not as an expert in the complex area of Native American law. I have been asked to address the issue of sovereignty from that international perspective, rather than to examine the concept from the more specialized viewpoint of an Indian or constitutional lawyer.... 1999
Allison M. Dussias Squaw Drudges, Farm Wives, and the Dann Sisters' Last Stand: American Indian Women's Resistance to Domestication and the Denial of Their Property Rights 77 North Carolina Law Review 637 (January, 1999) This article discusses the Dann sisters' struggle against the federal government for legal recognition of their right to graze livestock on Western Shoshone ancestral land. It places this struggle within the context of U.S. policy towards the Indians, policy which historically has denied the property rights of Indian women and attempted to... 1999
RICHARD J. ANSSON, JR. State Taxation of Non-indians Whom Do Business with Indian Tribes: Why Several Recent Ninth Circuit Holdings Reemphasize the Need for Indian Tribes to Enter into Taxation Compacts with Their Respective State 78 Oregon Law Review 501 (Summer 1999) In an effort to generate funds for their Tribal governmental facilities and Tribal social services, Tribal governmental entities have engaged in numerous business ventures in recent years. Business ventures engaged in by Tribes have included Tribal smoke shops, Tribal gas stations, Tribal hotels and restaurants, Tribal casinos, Tribal manufacturing... 1999
S. James Anaya Superpower Attitudes Toward Indigenous Peoples and Group Rights 93 American Society of International Law Proceedings 251 (March 24-27, 1999) Much has been said about the historical complicity of international lawor dominant thinking about international lawin the oppression of minority and indigenous peoples and their cultures. So it is perhaps with some irony that groups that are identified as indigenous are now looking to international law as a means of reversing the historical... 1999
Mary Jane Sheppard, Esq. Taking Indian Land into Trust 44 South Dakota Law Review 681 (1998-1999) For anyone following developments in the law that concerns Indian trust lands, it is obvious that Indian gaming is a major factor. It not only arouses concern on the part of non-Indian jurisdictions, but provides revenues which Indian tribes use to acquire and re-acquire lands that were once reservation lands and have since passed into non-Indian... 1999
James M. Burson The Blaze Construction Case: an Analysis of the Blaze Construction Tax Cases and the Implications on Avoidance of Taxation in Indian Country 39 Natural Resources Journal 845 (Fall, 1999) In 1994 New Mexico found that, in spite of arguments supporting the Indian law--federal preemption doctrine, Blaze Construction, a federal contractor building roads in Indian Country, ultimately owed state taxes like any other federal contractor outside of Indian Country. New Mexico based its holdings on the intergovernmental tax immunity doctrine... 1999
LINDA HAMILTON KRIEGER The Burdens of Equality: Burdens of Proof and Presumptions in Indian and American Civil Rights Law 47 American Journal of Comparative Law 89 (Winter 1999) In attempting to understand the relationship between law and the larger society of which it is a part, it is useful to distinguish between laws used to enforce traditional social norms and laws enacted to displace or transform them. Laws function quite differently, and threats to their effective mobilization and enforcement vary significantly, in... 1999
  The Cherokee Nation of Indians, et Al., V. Georgia 8-WTR Kansas Journal of Law & Public Policy 159 (Winter 1999) APPEARANCES: G. William Rice, Esq. of Tulsa, Oklahoma for the appellants, and Clay R. Smith, Esq. of Helena, Montana for the respondents. Opinion by Chief Justice Robert Yazzie This appeal poses two issues which are of paramount importance to Indian nations within (although not part of) the United States and to the peoples of the American Republic:... 1999
James A. Poore III The Constitution of the United States Applies to Indian Tribes: a Reply to Professor Jensen 60 Montana Law Review 17 (Winter, 1999) In this issue of the Montana Law Review, Professor Erik M. Jensen challenges my initial article, describing it as an enjoyable flight of fancy. He also describes the position that the Constitution applies to Indian tribes as dead wrong. Needless to say, I disagree. Since Professor Jensen had some fun with my article, it is only fair that I have... 1999
James A. Poore III THE CONSTITUTION OF THE UNITED STATES APPLIES TO INDIAN TRIBES: A REPLY TO PROFESSOR JENSEN 60 Montana Law Review 17 (Winter, 1999) In this issue of the Montana Law Review, Professor Erik M. Jensen challenges my initial article, describing it as an enjoyable flight of fancy. He also describes the position that the Constitution applies to Indian tribes as dead wrong. Needless to say, I disagree. Since Professor Jensen had some fun with my article, it is only fair that I have... 1999
Erik M. Jensen THE CONTINUING VITALITY OF TRIBAL SOVEREIGNTY UNDER THE CONSTITUTION 60 Montana Law Review 3 (Winter, 1999) Imagination is a wonderful thing. Close your eyes, and you can walk through the looking glass into a new, and perhaps better, world. I read James A. Poore III's essay, The Constitution of the United States Applies to Indian Tribes, as such an enjoyable flight of fancy. Mr. Poore might be right that the United States would be a better place if... 1999
Dean B. Suagee The Cultural Heritage of American Indian Tribes and the Preservation of Biological Diversity 31 Arizona State Law Journal 483 (Summer, 1999) Table of Contents I. Introduction. 485 II. Tribal Self-Government in the United States. 490 A. Foundation Principles. 492 1. Inherent Tribal Sovereignty. 492 2. Reserved Tribal Rights. 493 3. Trust Responsibility. 494 4. Plenary Power of Congress. 495 B. Vacillations in Federal Policy. 495 C. The Self-Determination Era. 497 D. Is a Human Rights... 1999
Robert B. Porter The Demise of the Ongwehoweh and the Rise of the Native Americans: Redressing the Genocidal Act of Forcing American Citizenship upon Indigenous Peoples 15 Harvard BlackLetter Law Journal 107 (Spring, 1999) Most usually, they are incorporated with the victorious nation, and become subjects or citizens of the government with which they are connected. The new and old members of the society mingle with each other; the distinction between them is gradually lost, and they make one people. Can we fulfill the promise of America by embracing all our citizens... 1999
Gary W. Donohue The Eleventh Amendment: the Supreme Court's Frustrating Impediment to Sensible Regulation of Indian Gaming 44 Wayne Law Review 1619 (Spring, 1999) America's system of governmental checks and balances can often lead to illogical and frustrating results, something which was evident again after the Supreme Court's ruling in Seminole Tribe v. Florida. The Eleventh Amendment, which has long stood for and represented states' sovereignty and unique authority in our system of federalism, has been... 1999
Conrad A. Fjetland The Endangered Species Act and Indian Treaty Rights: a Fresh Look 13 Tulane Environmental Law Journal 45 (December, 1999) I. Introduction. 45 II. Avoidance of Conflicts Between the ESA and Indian Treaty Rights. 47 A. Flexibility Within the ESA. 47 B. Regulation of Treaty Rights for Conservation Purposes. 49 C. National Trust Responsibility to Maintain Treaty Rights. 51 III. Does the Endangered Species Act Abrogate Indian Treaty Rights?. 53 A. The Legislative History.... 1999
Amy J. Standefer The Federal Juvenile Delinquency Act: a Disparate Impact on Native American Juveniles 84 Minnesota Law Review 473 (December, 1999) On June 10, 1996, Federal District Court Judge Bruce Black faced an all too-familiar dilemma. Should he allow the prosecution of fifteen-year-old Native American Jerry Paul C. as an adult where he would face a long federal prison term, or should he require the U.S. Attorney to proceed against Jerry as a juvenile where he could receive a maximum of... 1999
Liam Seamus O'Melinn The Imperial Origins of Federal Indian Law: the Ideology of Colonization in Britain, Ireland, and America 31 Arizona State Law Journal 1207 (Winter, 1999) We have, to begin with, the absolute need of awakening in the savage Indian broader desires and ampler wants . . . . The desire for property of his own may become an intense educating force. The wish for a home of his own awakens him to new efforts. Discontent with the teepee and the starving rations of the Indian camp in winter is needed to get... 1999
Rick Sarre , University of South Australia The Imprisonment of Indigenous Australians: Dilemmas and Challenges for Policymakers 4 Georgetown Public Policy Review 165 (Spring, 1999) When compared with non-Indigenous Australians, the presence of Indigenous peoples in Australian police lock-ups, criminal courts and prisons is disproportionately high. Australia's Indigenous peoples represent approximately two percent of the Australian population yet, as of June 1997, approximately 3,000 of Australia's 18,400 prisoners (almost... 1999
Dean B. Suagee The Indian Country Environmental Justice Clinic: from Vision to Reality 23 Vermont Law Review 567 (Spring, 1999) Something remarkable is happening in the environmental law system in the United States--something that has virtually escaped notice by the mainstream environmental community and by the legal educational establishment. Indian tribal governments are building their own environmental protection programs, and they are doing so with a sense that this... 1999
Berta Esperanza Hernández-Truyol The LatIndia and Mestizajes : of Cultures, Conquests, and Latcritical Feminism 3 Journal of Gender, Race and Justice 63 (Fall 1999) Who is your mother? is an important question. . . . Failure to know your mother, that is, your position and its attendant traditions, history, and place in the scheme of things, is failure to remember your significance, your reality, your right relationship to earth and society. It is the same as being lost . . . . La historia del pueblo cubano,... 1999
Paul H. Brietzke ; Teresa L. Kline The Law and Economics of Native American Casinos 78 Nebraska Law Review 263 (1999) I. Introduction. 263 II. Gambling. 266 A. Externalities. 268 B. Rent-seeking. 274 C. Distributive Effects. 284 III. Indians. 287 IV. Coasian Games. 292 A. Cabazon (1987). 301 B. The Indian Gaming Regulatory Act of 1988. 303 C. Seminole (1996) and After. 311 V. International Dimensions. 321 VI. Sovereign Dilemmas. 333 VII. Conclusions. 344 Legalized... 1999
Benjamin A. Kahn The Legal Framework Surrounding Maori Claims to Water Resources in New Zealand: in Contrast to the American Indian Experience 35 Stanford Journal of International Law 49 (Winter 1999) Most scholarly and lay accounts of relationships between indigenous peoples and the governmental representatives of European settlers in New Zealand and America are familiar. Commentators generally fluctuate between rooting the source of conflict and consensus between indigenous peoples and colonial officials as benevolent or philanthropic... 1999
David E. Wilkins The Reinvigoration of the Doctrine of 'Implied Repeals:' a Requiem for Indigenous Treaty Rights 43 American Journal of Legal History Hist. 1 (January, 1999) America's indigenous nations occupy a distinctive political/legal status within the United States as separate sovereigns whose rights are based in the doctrine of inherent tribal sovereignty, affirmed in hundreds of ratified treaties and agreements, acknowledged in the Commerce Clause of the U.S. Constitution, and recognized in ample federal... 1999
Glen Stohr The Repercussions of Orality in Federal Indian Law 31 Arizona State Law Journal 679 (Summer, 1999) e'ey mhaag naa gjaljaj s uulg gmweeg g'gwagaj, gweevg, thavg ma hay gmung ga'gwagaj, ba mhag ma gluulgaj m'yahl hla ingajahj hamsi myavl gjaavaj ba mhaag'g mwiwjom gwe gav hi haivj ba mhag ba m'iiwjom o'waavg g'gaya Sun coming out, look at us. The winds from the four directions, the universe, help me to say what I want. Help me to be strong, for... 1999
James H. Lengel The Role of International Law in the Development of Constitutional Jurisprudence in the Supreme Court: the Marshall Court and American Indians 43 American Journal of Legal History 117 (April, 1999) Following the Treaty of Paris in 1783, formally ending the Revolutionary War, the thirteen states existed in a federation organized loosely by the Articles of Confederation. While the spirit of independence and the Revolutionary War generated a common interest among the states, peace provided each with notions of sovereignty, allowing them to... 1999
Tonie L. Bitseff The Supreme Court and Indian Taxation: Commerce Clause and Other Constitutional Issues 8 Journal of Multistate Taxation and Incentives 262 (January/February, 1999) The Court's recent trend has been to invalidate tribal taxation and to allow states to impose taxes in Indian country. In 1980, one commentator predicted that no change would occur in three areas of American Indian law that had been essentially established by the courts: 1 [T]ribes have self-governing authority over their members and internal... 1999
Brenda Donelan, United States Probation Officer, District of South Dakota The Unique Circumstances of Native American Juveniles under Federal Supervision 63-DEC Federal Probation 68 (December, 1999) THE ROMANTICIZED view of Indian reservations is that of a closely-knit family dealing with day-to-day problems in a rural setting. While this notion may be true to a degree, reservation life has been greatly idealized by Hollywood. The typical individual living on an Indian reservation in the United States faces poverty, alcoholism, unemployment,... 1999
Richard J. Ansson, Jr. The United States Supreme Court and American Indian Tribal Sovereignty 23 American Indian Law Review 465 (1998/1999) American Indian Sovereignty and the U.S. Supreme Court: The Masking of Justice. By David E. Wilkins. University of Texas Press. 1998. Pp. 403. In 1823, the Supreme Court addressed its first federal Indian question in Johnson v. McIntosh, and since McIntosh, the Court has decided numerous federal Indian questions. Indeed, in the past thirty years,... 1999
Jason W. Anderson The World Is Their Oyster? Interpreting the Scope of Native American Off-reservation Shellfish Rights in Washington State 23 Seattle University Law Review 145 (Summer 1999) In the mid-nineteenth century, Territorial Governor and Superintendent of Indian Affairs Isaac Stevens led a mission to negotiate treaties with the Native American tribes of the Pacific Northwest. The mission resulted in several treaties, collectively known as the Stevens Treaties, including four with the tribes of the Washington Territory in 1854... 1999
Melinda B. Barton Todd Olinger, Indian Water Law--1997 Trends and Directions in Federal Water Policy; a Summary of the Conference Proceedings, Report to the Western Water Policy Review Advisory Commission, the Commission, Springfield, Va (1997); National Technical Informat 2 University of Denver Water Law Review 309 (Spring, 1999) The Western Water Policy Review Act of 1992 created the Western Water Policy Review Advisory Commission (Commission) to conduct a comprehensive review of federal activities in nineteen Western states concerning the synchronization of federal and local water policy objectives. In this legislation, Congress noted that the federal government... 1999
James T. Johnson Treaty Fishing Rights and Indian Participation in International Fisheries Management 77 Denver University Law Review 403 (1999) For centuries before the Europeans came upon North America, the rivers met the needs of the salmon and the salmon met the needs of the Indian. The tribes and the salmon had benefited from this partnership, secure in their adaptation to the environment and to each other. The Indians knew they had to protect the quality of the rivers. Under... 1999
Jeffrey R. Cluett Two Sides of the Same Coin Hazardous Waste Siting on Indian Reservations and in Minority Communities 5 Hastings West-Northwest Journal of Environmental Law and Policy 191 (Winter, 1999) We are recruiting all of the garbage, the scum that nobody else wants. In the last fifteen years, the environmental community has become increasingly aware of the effects of environmental racism upon the siting of hazardous waste treatment and storage facilities. Little of the literature on environmental racism however, has recognized that... 1999
Russell Lannutti United States V. Santee Sioux Tribe of Nebraska: the Future of Igra and Indian Gaming in Jeopardy 6 Villanova Sports and Entertainment Law Journal 325 (1999) During the modern history of North America, white European settlers destroyed the self-sufficiency of Native American Indians (Indians) through war, disease and deceptive treaties. After many years of economic disarray, some Indians attempted to regain self-sufficiency by commercial exploitation of a practice that was traditional in many Indian... 1999
Lauren B. Fechter Upholding Tribal Rights to Exercise Civil Regulatory Authority over Non-indian Lands on Reservations: an Analysis of Montana V. Epa 5 Environmental Lawyer 871 (June, 1999) Recently, numerous Indian tribes have used their sovereign status to apply to the United States Environmental Protection Agency (EPA or the Agency) to obtain treatment as state (TAS) status, which, pursuant to the Federal Water Pollution Control Act (Clean Water Act or CWA or the Act), entitles the tribes to determine water quality standards... 1999
Allison M. Dussias Waging War with Words: Native Americans' Continuing Struggle Against the Suppression of Their Languages 60 Ohio State Law Journal 901 (1999) This Article explores how U.S. law has adversely affected Native American languages, and how Native Americans have resisted explicit and implicit pressure aimed at eradicating their languages. Professor Dussias also examines parallels between arguments made by federal government policy makers to support the suppression of Native American languages... 1999
Nancy A. Costello Walking Together in a Good Way: Indian Peacemaker Courts in Michigan 76 University of Detroit Mercy Law Review 875 (Spring 1999) The sweet aroma of sage or sweetgrass burning in the hollow of an abalone shell opens the Peacemaker Court for the Grand Traverse Band of Ottawa and Chippewa Indians of Michigan. As the peacemaker carries the smudge bowl around the room to dispel negative energy, he prays for wisdom to help the hostile parties resolve their dispute. Both parties,... 1999
Honorable Robert Yazzie Watch Your Six: an Indian Nation Judge's View of 25 Years of Indian Law, Where We Are and Where We Are Going 23 American Indian Law Review 497 (1998/1999) A friend from Rutgers University writes us and often concludes a letter with this advice: Watch your six. That is police slang for watching out at six o'clock in military directions. In other words, Watch your tail cover your behind. That is the lesson for Indian nation judges for 25 years of the decline of Indian law. Now, I want to review... 1999
Gretchen Ulrich Widening the Circle: Adapting Traditional Indian Dispute Resolution Methods to Implement Alternative Dispute Resolution and Restorative Justice in Modern Communities 20 Hamline Journal of Public Law and Policy 419 (Spring 1999) Two teenagers have a romantic relationship, and as a result, a baby is born. The young father of the child, who has difficulty with rage, refuses to admit that the baby is his. In order to support her child, the young mother must institute a paternity action and request financial support. The young parents will be pitted against one another as... 1999
Patrick Impero Wilson Wolves, Politics, and the Nez Perce: Wolf Recovery in Central Idaho and the Role of Native Tribes 39 Natural Resources Journal 543 (Summer, 1999) The gray wolf recovery effort in the northern Rocky Mountains is perhaps the most successful effort to promote the recovery of an endangered species. Despite the success, wolf recovery is a highly controversial symbol of a larger debate over public lands policy in the West. This article examines the politics of gray wolf recovery and explains why... 1999
Virginia H. Murray A Comparative Survey of the Historic Civil, Common, and American Indian Tribal Law Responses to Domestic Violence 23 Oklahoma City University Law Review 433 (Spring-Summer 1998) In this Article, the author addresses the issue of domestic violence by examining the reasons behind domestic violence and the historical responses of the Roman civil law, Anglo-American common law and American Indian tribal law to the violence. The author argues that understanding why domestic violence occurs, and how these legal systems... 1998
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