| Author | Title | Citation | Summary | Year |
| 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 |
| Maura Mullen de Bolívar |
A Comparison of Protecting the Environmental Interests of Latin-american Indigenous Communities from Transnational Corporations under International Human Rights and Environmental Law |
8 Journal of Transnational Law & Policy 105 (Fall, 1998) |
C1-4Table of Contents I. L2-3,T3Introduction 105. II. L2-3,T3Transnational Corporations 107. III. L2-3,T3Litigation of International Environmental Claims in U.S. Courts 109. IV. L2-3,T3International Law 113. A. Sources of International Law. 114 B. International Human Rights Law. 120 C. International Environmental Law. 123 V. L2-3,T3Human Rights... |
1998 |
| Robert B. Porter |
A Proposal to the Hanodaganyas to Decolonize Federal Indian Control Law |
31 University of Michigan Journal of Law Reform 899 (Summer 1998) |
In this Article, cast in the form of a letter to President William Jefferson Clinton, Professor Porter argues for the decolonization of federal Indian control law. After detailing the religious and colonialist roots of early Supreme Court decisions dealing with the Indian nations and giving an overview of the evolution of federal Indian policy,... |
1998 |
| |
Alaska |
1997-98 Preview of United States Supreme Court Cases 417 (3/12/1998) |
This case arose when the Native Village of Venetie Tribal Government (the Tribe) attempted to impose a business tax of approximately $161,000 on a private builder constructing a public school in the Village of Venetie, Alaska (the Village), under a contract with the State of Alaska. When both the builder and the State refused to pay the tax,... |
1998 |
| |
Alaska |
1997-98 Preview of United States Supreme Court Cases 21 (7/10/1998) |
This case arose when the Native Village of Venetie Tribal Government (the Tribe) attempted to impose a business tax of approximately $161,000 on a private builder constructing a public school in the Village of Venetie, Alaska (the Village), under a contract with the State of Alaska. When both the builder and the State refused to pay the tax,... |
1998 |
| Erik M. Jensen |
American Indian Law Meets the Internal Revenue Code: Warbus V. Commissioner |
74 North Dakota Law Review 691 (1998) |
The relationship of the Internal Revenue Code to American Indians is not a hot topic in the academy for obvious reasons. Most Indian law scholars, like most scholars generally, avoid federal tax issues like the plague, and very few tax scholars dip into the American Indian law literature. That is unfortunate. Federal tax law and American Indian law... |
1998 |
| |
American Indian Law--tribal Court Civil Jurisdiction--ninth Circuit Holds That Blackfeet Tribal Court Lacks Subject Matter Jurisdiction over Tort Suit Arising on Reservation Between Member and Nonmember.--wilson V. Marchington, 127 F.3d 805 (9th Cir. 1997 |
111 Harvard Law Review 1620 (April, 1998) |
It is well recognized that American Indian tribes retain some aspects of inherent sovereignty. However, because of the tribes' dependent status, determining the contours of that sovereignty has proven to be a difficult task for courts, resulting in doctrinal complexity described by one commentator as a conceptual wilderness. This complexity is... |
1998 |
| Michael J. Wynne |
American Indian Sovereignty and the U.s. Supreme Court; the Masking of Justice |
36-OCT Houston Lawyer 50 (September/October, 1998) |
In American Indian Sovereignty and the U.S. Supreme Court; The Masking of Justice, Professor David E. Wilkins presents a strong indictment of the Supreme Court's role in depriving Native American tribes of their means of survival as distinct communities as the U.S. expanded westward and developed economically. He analyzes fifteen Supreme Court... |
1998 |
| Eric Henderson |
ANCESTRY AND CASINO DOLLARS IN THE FORMATION OF TRIBAL INDENTITY |
4 Race and Ethnic Ancestry Law Journal 7 (Spring, 1998) |
I. Introduction. 7 II. The Indian Gaming Regulatory Act and Tribal Sovereignty. 10 A. Introduction B. Restraints on Tribal Sovereignty Under the Indian Gaming Regulatory Act III. Indian Gaming Regulatory Act and the Law of Tribal Membership. 13 A. Membership Criteria and the Preservation of Cultural Values B. Per Capita Distribution of Gaming... |
1998 |
| Robert W. Lannan |
Anthropology and Restless Spirits: the Native American Graves Protection and Repatriation Act, and the Unresolved Issues of Prehistoric Human Remains |
22 Harvard Environmental Law Review 369 (1998) |
One of the fields of environmental law related to the management of public land and natural resources is cultural resources law. Cultural resources include a variety of items, ranging from historic buildings to abandoned shipwrecks. Among the statutes that protect these resources on federal lands are the National Environmental Policy Act, the... |
1998 |
| By Ferdinand P. Schoettle |
Arizona Department of Revenue |
1998-99 Preview of United States Supreme Court Cases 160 (11/20/1998) |
Blaze Construction Company (Blaze), an Indian-owned company from Montana, contends that the state of Arizona may not tax Blaze's gross proceeds from building roads for the Bureau of Indian Affairs (BIA), a federal agency, on Indian reservations within state. Blaze argues that the Indian commerce clause preempts Arizona's tax on Blaze's road... |
1998 |
| Carl H. Johnson |
BALANCING SPECIES PROTECTION WITH TRIBAL SOVEREIGNTY: WHAT DOES THE TRIBAL RIGHTS-ENDANGERED SPECIES ORDER ACCOMPLISH? |
83 Minnesota Law Review 523 (December, 1998) |
In a time when natural resources continue to dwindle, conflicting ideas over their productive use can often lead to confrontation and animosity. Disagreements over the use of natural resources are exacerbated when the sovereignty of Indian tribes is challenged. Such disputes have led to discord between mainstream environmentalists and Indian tribes... |
1998 |
| Jeremy P. Pisca |
Betting on the Future: the Debate over the Status of Indian Gaming in the State of Idaho |
34 Idaho Law Review 651 (1998) |
C1-3TABLE OF CONTENTS I. INTRODUCTION. 651 II. THE FEDERAL DEVELOPMENT OF INDIAN GAMING LAW. 654 A. Pre-Indian Gaming Regulatory Act: California v. Cabazon Band of Mission Indians. 654 B. The Indian Gaming Regulatory Act (IGRA). 655 III. DEVELOPMENT OF TRIBAL GAMING IN THE STATE OF IDAHO. 658 A. The Tribes Go to Court: Nez Perce Tribe v. Cenarrusa.... |
1998 |
| Starla Kay Roels |
Borrowing Instead of Taking: How the Seemingly Opposite Threads of Indian Treaty Rights and Property Rights Activism Could Intertwine to Restore Salmon to the Rivers |
28 Environmental Law 375 (Summer 1998) |
This Article examines the nature of the right to fish that Indian tribes reserved in treaties with the United States Government, concluding that the exercise of the treaty right to fish is a compensable Fifth Amendment property right. The Author discusses how hydroelectric dams have greatly contributed to the dwindling salmon runs, demonstrates the... |
1998 |
| Rachel King |
Bush Justice: the Intersection of Alaska Natives and the Criminal Justice System in Rural Alaska |
77 Oregon Law Review Rev. 1 (Spring 1998) |
The Alaska Native Population is overrepresented within Alaska prisons at a rate of nearly three to one. According to the most recent statistics compiled by the Alaska Department of Corrections, thirty-four percent of the current population in Alaska prisons is Alaska Native (966 out of a total of 2,841 inmates). The percentage of incarcerated... |
1998 |
| |
Cass County, Minnesota |
1997-98 Preview of United States Supreme Court Cases 53 (7/10/1998) |
The relationship between American Indians and the United States has had a number of incarnations. Between 1887 and 1934, for example, the United States pursued an assimilationist policy under which reservations lands held in trust by the United States for tribal benefit were broken up by allotting parcels to individual Indians and selling most of... |
1998 |
| by Kevin J. Worthen |
Cass County, Minnesota, et Al. |
1997-98 Preview of United States Supreme Court Cases 316 (2/12/1998) |
As a general rule, state and local governments cannot tax tribally owned reservation land. However, the Supreme Court has recognized an exception to this rule for freely alienable land. i.e., land without restrictions on transfer, originally acquired by a tribe's members under the General Allotment Act and later reacquired by the same tribe. This... |
1998 |
| Laura C. Smythe |
Chippewa Treaty Rights: the Reserved Rights of Wisconsin's Chippewa Indians in Historical Perspective |
71-FEB Wisconsin Lawyer 28 (February, 1998) |
Ronald Satz wrote this book to present an overview of the history of Chippewa-United States relations leading to the treaties of 1837, 1842, and 1854 and to examine the consequences of those agreements for Chippewa and for non-Indian residents of Wisconsin and for the state of Wisconsin. This book is not a primer on Indian law, but Satz did not... |
1998 |
| Robert J. Mccarthy |
Civil Rights in Tribal Courts: the Indian Bill of Rights at Thirty Years |
34 Idaho Law Review 465 (1998) |
C1-3TABLE OF CONTENTS I. INTRODUCTION. 466 II. THE INDIAN BILL OF RIGHTS. 468 III. HABEAS CORPUS JURISDICTION IN FEDERAL COURTS. 473 IV. TRIBAL SOVEREIGN IMMUNITY. 478 V. THE EVOLUTION OF TRIBAL COURTS. 483 VI. CIVIL RIGHTS IN TRIBAL COURTS. 489 A. Separation of Powers. 492 B. Tribal Tradition and Custom. 495 C. Enumerated Rights. 497 1. Free... |
1998 |
| Chris Schwab |
Constitutional Law-fifth Amendment Just Compensation Clause-escheat of Indian Trust Lands |
65 Tennessee Law Review 805 (Spring, 1998) |
On October 19, 1990, William Youpee, an enrolled member of the Sioux and Assiniboine tribes of the Fort Peck Reservation in Montana, died testate, devising several undivided interests in allotted trust lands to his surviving children. An administrative law judge for the Department of the Interior, citing the Indian Land Consolidation Act (ILCA),... |
1998 |
| Vanessa Magnanini |
Constructing Tribal Sovereignty for the 21st Century: the Story of Lawmaking in Chilkat Indian Village, Ira V. Johnson |
18 Boston College Third World Law Journal 45 (Winter, 1998) |
Attorney Tony Strong had only minutes to figure out a way to stop Michael Johnson's hired van from entering his native village of Klukwan, Alaska and removing the most revered artifacts the village owned. Have Uncle Albert go cut some trees down [and] fell them across the road, he told his sister Lonnie on the phone. His sister, who had called... |
1998 |
| Isaac Moriwake |
Critical Excavations: Law, Narrative, and the Debate on Native American and Hawaiian "Cultural Property" Repatriation |
20 University of Hawaii Law Review 261 (Fall, 1998) |
The famous spear rest. If this thing could talk, imagine the stories we'd have. - Mayor Vincent A. Cianci Jr., City of Providence, Rhode Island. Nearly two centuries ago, the Hawaiians lost a kii laau. No one quite remembers when or how such a sacred aumakua (guardian spirit) image and important cultural symbol left the islands. Some say the... |
1998 |
| Jeffrey Wutzke |
Dependent Independence: Application of the Nunavut Model to Native Hawaiian Sovereignty and Self-determination Claims |
22 American Indian Law Review 509 (1998) |
In the late summer of 1996, Native Hawaiians voted to elect delegates to propose a Native Hawaiian government. What exactly a Native Hawaiian government meant for purposes of the referendum was left undefined; the possibilities range from complete independence from the United States, to the creation of some type of state within a state... |
1998 |
| Charles R. Zeh, Treva J. Hearne |
Development Considerations on Indian Lands |
13-SUM Natural Resources & Environment 350 (Summer, 1998) |
Sovereignty and self-sufficiency are the key elements of planned growth on Indian lands. Economic development on Indian lands is a priority for most tribes because it provides revenue and jobs for tribal government for tribal members. The implications of tribal sovereignty, examples of economic self-sufficiency and the experience of one tribe in... |
1998 |
| Jennifer M. Myers |
Eagle over the Ice: the U.s. in the Antarctic. By Christopher C. Joyner and Ethel R. Theis (Hanover: University Press of England) 1997. Pp.303. |
30 Case Western Reserve Journal of International Law 606 (Spring-Summer 1998) |
While the Antarctic is a vast, frozen, and often unaccessible region of the world, Joyner and Theis' review of foreign policy focusing on the Antarctic illustrates the importance of this region not only to the United States but also to other world actors. Originally intending to examine the interests of the United States in the Antarctic, Joyner... |
1998 |
| John C. Mohawk |
Echoes of a Native Revitalization Movement in Recent Indian Law Cases in New York State |
46 Buffalo Law Review 1061 (Fall, 1998) |
Around 1700, a band of Sewee (or Seawee) Indians built a small fleet of dugout canoes and paddled en masse into the Atlantic Ocean. These Indians had carefully observed the activities of the English at Charleston, South Carolina, which was about sixty miles from their home. They engaged in trade in furs, skins and other items, and we can assume... |
1998 |
| Gretchen Freeman Cappio |
Erosion of the Indigenous Right to Negotiate in Australia: Proposed Amendments to the Native Title Act |
7 Pacific Rim Law & Policy Journal 405 (March, 1998) |
Abstract:The Australian government seeks to amend the Native Title Act, which presently gives indigenous Australians real property rights by virtue of their history living on the land. In their present form, the proposed amendments to the Native Title Act threaten indigenous representation regarding land disputes. The right to negotiate currently... |
1998 |
| Larry EchoHawk |
Factors Contributing to Juvenile Violence in Indian Communities |
13 BYU Journal of Public Law 69 (1998) |
I address this topic not just as a law teacher. Rather, I present a message that flows mainly from my personal and professional life experiences. My thoughts run deeper than simply recognizing readily identifiable factors, such as alcohol and drug abuse, domestic violence, child abuse, teen pregnancy, gangs, and school dropouts, that contribute to... |
1998 |
| Timothy M. Reynolds |
Federal Indian Law |
75 Denver University Law Review 977 (1998) |
The Tenth Circuit recently decided several cases having a significant impact on federal and tribal authority over matters occurring in Indian country. Delineating the lines of authority between the federal government, the states, and the Indian tribes is an historically contentious process. Persistent fluctuations in United States policy towards... |
1998 |
| Michelle L. LeBeau |
Federal Land Management Agencies and California Indians: a Proposal to Protect Native Plant Species |
21-JUN Environs Environmental Law and Policy Journal 27 (June, 1998) |
Culturally and linguistically, pre-contact Native Californians were one of the most diverse groups of Peoples on Earth. A conservative estimate places their number at 150,000-200,000, comprised of hundreds of individual nations, bands and villages. Their languages numbered over one hundred, derived from five or more language families, several of... |
1998 |
| Brian Casey Fitzpatrick |
Finding a Fair Forum: Federal Jurisdiction for Igra Compact Enforcement Actions in Cabazon Band of Mission Indians V. Wilson |
35 Idaho Law Review 159 (1998) |
C1-3TABLE OF CONTENTS I. INTRODUCTION. 159 II. STATEMENT OF THE CASE. 160 A. Factual and Legal Background. 160 B. Procedure. 161 C. Majority Holding and Reasoning. 162 D. Dissenting Opinion. 164 III. ANALYSIS. 166 A. Compact Enforcement Claims Raise a Federal Question. 166 B. Negative Effects of a Failure to Exercise Federal Jurisdiction. 172 1.... |
1998 |
| Wendy Nelson Espeland, Northwestern University |
Frank Pommersheim, Braids of Feather: American Indian Law and Contemporary Tribal Life, Berkeley |
16 Law and History Review 436 (Summer, 1998) |
What difference does difference make? For socio-legal scholars, this question has stimulated an impressive wave of scholarship on how legal difference is produced, processed, and challenged. As Martha Minnow argues (Making All the Difference: Inclusion, Exclusion, and American Law [Cornell University Press, 1990], 74-78), categories of difference... |
1998 |
| Daniel E. Witte |
Getting a Grip on National Service: Key Organizational Features and Strategic Characteristics of the National Service Corps (Americorps) |
1998 Brigham Young University Law Review 741 (1998) |
Of all the initiatives and programs that President Bill Clinton has supported during his Administration, the National Service Corps (sometimes referred to as AmeriCorp, but hereinafter also referred to as the Corps) is arguably the program that the President regards as the most important and personally fulfilling, as well as the most... |
1998 |
| Stephen R. King |
Getting a Seat at the Table: Giving the Indigenous Peoples of the Russian Far East Control over Local Government |
7 Pacific Rim Law & Policy Journal 803 (June, 1998) |
The traditional homelands of the indigenous peoples of Siberia and the Russian Far East harbor vast wealth in the form of timber, minerals, oil, and gas. Throughout much of the 20th Century, the Soviet Union used forced relocation of native peoples, expropriation of native lands, and other harsh means to gain access to these resources.... |
1998 |
| Terence Dougherty |
Group Rights to Cultural Survival: Intellectual Property Rights in Native American Cultural Symbols |
29 Columbia Human Rights Law Review 355 (Spring 1998) |
This Article deals with some of the theoretical and jurisprudential issues that arise when Native American cultural symbols are appropriated by non-Native individuals and businesses in the United States in order to sell products. Legal challenges to these acts of appropriation are generally not successful since the acts are not considered thefts of... |
1998 |
| Christine Metteer |
Hard Cases Making Bad Law: the Need for Revision of the Indian Child Welfare Act |
38 Santa Clara Law Review 419 (1998) |
In 1978 Congress enacted the Indian Child Welfare Act (ICWA or the Act) in response to the rising concern in the mid-1970s over the consequences to Indian children, Indian families, and Indian tribes of abusive child welfare practices that resulted in the separation of large numbers of Indian children from their families and tribes through... |
1998 |
| John McGee Ingram |
Home Ownership Opportunities in Indian Country |
7-WTR Journal of Affordable Housing & Community Development Law 164 (Winter, 1998) |
There has never been a better time for Native American tribes to improve housing in Indian Country. Late last year Congress passed the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA). It has been called the most significant Indian housing legislation since the creation of the federal Indian housing program. NAHASDA... |
1998 |
| Laura Nader , Jay Ou |
Idealization and Power: Legality and Tradition in Native American Law |
23 Oklahoma City University Law Review 13 (Spring-Summer 1998) |
In the United States the contestation of Indian identity and sovereignty provides a window onto the uses of idealizations in power-laden negotiation processes. Problems of idealizing Indian culture as harmonious and non-adversarial makes tribal sovereignty a mirage without strict legal guarantees. By the 1970s, successful and unsuccessful... |
1998 |
| Christopher V. Panoff |
In re the Exxon Valdez Alaska Native Class V. Exxon Corp.: Cultural Resources, Subsistence Living, and the Special Injury Rule |
28 Environmental Law 701 (Fall 1998) |
In 1989 the Exxon Valdez ran aground in Prince William Sound, Alaska. The lawsuits stemming from the resulting oil spill continue to this day. In re the Exxon Valdez Alaska Native Class v. Exxon Corp. is one of the most recent cases decided by the Ninth Circuit. A group of Alaska Natives brought a class action suit seeking, inter alia, damages for... |
1998 |
| Robert D. Cooter , Wolfgang Fikentscher |
Indian Common Law: the Role of Custom in American Indian Tribal Courts |
46 American Journal of Comparative Law 287 (Spring 1998) |
Many American Indian Reservations have had modern tribal courts for at least 60 years. Have the distinctive social norms of Indians worked their way into judge-made law, or are tribal courts much like state courts? Is there Indian common law? To answer these questions, we interviewed tribal judges on reservations throughout the West. We... |
1998 |
| Robert D. Cooter , Wolfgang Fikentscher |
INDIAN COMMON LAW: THE ROLE OF CUSTOM IN AMERICAN INDIAN TRIBAL COURTS |
46 American Journal of Comparative Law 287 (Spring 1998) |
Abstract: Many American Indian Reservations have had modern tribal courts for at least 60 years. Have the distinctive social norms of Indians worked their way into judge-made law, or are tribal courts much like state courts? Is there Indian common law? To answer these questions, we interviewed tribal judges on reservations throughout the West. We... |
1998 |