AuthorTitleCitationSummaryYear
Patricia Thompson Philippines Indigenous Peoples Rights Act 1998 Colorado Journal of International Environmental Law and Policy 179 (1998) In the Decade of the World's Indigenous People, a dramatic increase in control of ancestral lands was given to the indigenous peoples of the Philippines on the passage of the Indigenous Peoples Rights Act (IPRA), in October of 1997. The law effectively bestow[s] ownership of resources within ancestral domains . . . to indigenous peoples. But a... 1998
David M. Osterfeld Plastic Indians, Nazis, and Genocide: a Perspective on America's Treatment of Indian Nations 22 American Indian Law Review 623 (1998) Ward Churchill, Indians are Us? Culture and Genocide in Native North America, Common Courage Press, 1994 $14.95 Sizzling the moisture laden air, the hot summer sun creates a sticky incumbrance on human skin. As the wind whistles through the drooping power lines which plague the reservation like a swarm of locusts, damp creosote and sagebrush mix,... 1998
Holly Doremus Private Property Interests, Wildlife Restoration, and Competing Visions of a Western Eden 18 Journal of Land, Resources,and Environmental Law 41 (1998) Recent years have produced a few hopeful signs for those seeking to restore ecological integrity to the western United States. In January 1995, gray wolves brought from Canada raced into the snow of the central Idaho wilderness, returning after a fifty-year absence. Late in 1996, condors soared above the sun-washed Vermillion Cliffs of northern... 1998
Mark Elliott, Anita Deyneka Protestant Missionaries in the Former Soviet Union 12 Emory International Law Review 361 (Winter, 1998) Because Russian Orthodoxy was the established faith of tsarist Russia, it was for centuries a violation of law for a person baptized into the Orthodox faith to convert to Protestantism. This changed after the Edict of Toleration of 1905; still, for all but the last few years of imperial Russia, traditional Protestant evangelistic outreach and... 1998
Erin Noel Reclaiming the Native Home of Hope: Community, Ecology and the American West by Robert B. Keiter (Editor). Salt Lake City, Ut: University of Utah Press, 1998. Pp. 178. $17.95. 25 Ecology Law Quarterly 547 (1998) This collection of essays is an insightful, revealing, and instructive glimpse at the primary issues that constitute land use in the West: Wallace Stegner's native home of hope. Prepared from a series of symposia sponsored by the Wallace Stegner Center for Land, Resources and the Environment at the University of Utah's College of Law, these... 1998
Matthew Atkinson Red Tape: How American Laws Ensnare Native American Lands, Resources, and People 23 Oklahoma City University Law Review 379 (Spring-Summer 1998) In this Article, the author discusses America's heritage of taking land from Native Americans--a heritage that continues today. The author explains that beginning with the Indian Removal Act in 1830 and the General Allotment Act in 1887, Congress has consistently passed legislation which either takes land from Native Americans or has the effect of... 1998
Brian Patterson Remarks on Indian Spirituality and Culture 11 Saint Thomas Law Review 13 (Fall, 1998) Good morning everyone, it is a beautiful day as we gather here at St. Thomas, and I give thanks to the people of St. Thomas for having us here. We have come here and now we must be of one mind. We must gather all of our thoughts into one and we must wrap all our thoughts into one bundle. And we will give thanks to the Creator that we can come here... 1998
Brian Patterson Remarks on Tribal History and Culture 11 Saint Thomas Law Review Rev. 5 (Fall, 1998) There is a lot to be said in a matter of minutes regarding what has occurred in the past five-hundred years. As we talk about culture, I wonder: What exactly is culture? For what we have been given, for what we have been able to retain is an understanding of who we are as people, of the instructions the Creator has given to all of us on this good... 1998
Frank Pommersheim Representing Native People and Indian Tribes: a Response to Professor Allegretti 66 Fordham Law Review 1181 (March, 1998) PROFESSOR Joseph Allegretti's wonderful, provocative paper has stirred two significant responses within me. One is personal, one is professional, but both are stitched together by an ongoing commitment to try to do the right thing in this world. I will discuss each in turn and then move on to the more arduous task of seeking to actualize them in my... 1998
Duncan T. Patten Restoration as the Order of the 21st Century: an Ecologist's Perspective 18 Journal of Land, Resources,and Environmental Law 31 (1998) The word restoration has many meanings in many disciplines. We restore an old building, we restore our health, or we restore a forest or a grassland. What do we mean by these actions? Have we re-created an entity or condition that is exactly like something that existed some time in the past, or have we only created something that generally... 1998
John R. Wunder, University of Nebraska-Lincoln Robert A. Williams, Jr., Linking Arms Together: American Indian Treaty Visions of Law and Peace, 1600-1800. 42 American Journal of Legal History 314 (July, 1998) Linking Arms Together, more than any other book previously published on United States-Indian relations, explains explicitly the Indian role and perception of the treaty in the American legal system. This book should be required reading for any Supreme Court justice who thinks about writing a legal opinion on federal Indian law or for any... 1998
Richard Kirk Eichstaedt Save the Whales V. "Save the Makah": the Makah and the Struggle for Native Whaling 4 Animal Law 145 (1998) The Makah tribe is going whaling! George Bowechop, Makah Whaling Commission In the past several decades the Pacific Northwest has been a hotbed for Indian hunting and fishing rights cases. In the 1970's and 1980's, several significant cases were heard over the exercise of fishing rights by the tribes of Washington. Many of these cases were... 1998
Ethan G. Zlotchew Scandalous or "Disparaging"? It Should Make a Difference in Opposition and Cancellations Actions: Views on the Lanham Act's Section 2(a) Prohibitions Using the Example of Native American Symbolism in Athletics 22 Columbia-VLA Journal of Law & the Arts 217 (Winter, 1998) Imagine reading about the Dallas Spics' recent exploits over the Chicago Niggers; or the New York Hymies' recent drubbing of the Washington Redskins. Few would dispute whether this would offend many Hispanics, Blacks, Jews, and American Indians. Perhaps it would be less offensive to have team names such as the Oakland Hispanics, Washington... 1998
Nancy J. Bride Seminole Tribe V. Florida: the Supreme Court's Botched Surgery of the Indian Gaming Regulatory Act 24 Journal of Legislation 149 (1998) For many years now, Indian tribes have turned to casino gambling and other betting games to fund tribal activities. In order to regulate Indian gaming activities, Congress enacted the Indian Gaming Regulatory Act (IGRA). Before IGRA was enacted, the Supreme Court concluded in California v. Cabazon Band of Mission Indians that the federal government... 1998
Laurence M. Hauptman Seneca Nation of Indians V. Christy: a Background Study 46 Buffalo Law Review 947 (Fall, 1998) The decision is one of local, state, and national importance alike... If the claim of the plaintiffs had been substantiated, it would have not only challenged the title of every purchaser and holder of land included in the Ogden Land Company's purchase of August 31, 1826, but also the title to many millions of acres of lands in the state held under... 1998
Amy Callard Southern Ute Indian Tribe V. Amoco Production Company: a Conflict over What Killed the Canary 33 Tulsa Law Journal 909 (Spring & Summer, 1998) A 1913 newspaper report of the Dawson, New Mexico coal mine disaster details the use of canary birds as gas detectors for rescue crews: The canary bird is a sure test for white damp (carbon monoxide) and black damp (carbon dioxide). Both of these gases are produced as by-products of the ignition of methane, which continuously seeps out of coal... 1998
Raymond Cross Sovereign Bargains, Indian Takings, and the Preservation of Indian Country in the Twenty-first Century 40 Arizona Law Review 425 (Summer 1998) C1-3Table of Contents I. Introduction. 426 A. Chief Justice Marshall's Construction of the Indian Bargaining Model. 433 B. The Giving and Taking of Indian America. 435 C. The First Era: Americanizing the European Doctrine of Discovery. 438 D. The Second Era: The Indian Peoples' Descent from Sovereign to Wardship Status. 441 E. The Third Era:... 1998
Scott A. Taylor State Property Taxation of Tribal Fee Lands Located Within Reservation Boundaries: Reconsidering County of Yakima V. Confederated Tribes & Bands of the Yakima Indian Nation and Leech Lake Band of Chippewa Indians V. Cass County 23 American Indian Law Review 55 (1998) Although once the owners of the North American continent, native peoples and the governments that represent them now own only a small percentage of the land within the current United States. Many tribes are interested in reacquiring lands that once belonged to them. Tribes, as governments and as legal entities, have the power to acquire lands... 1998
Scott A. Taylor STATE PROPERTY TAXATION OF TRIBAL FEE LANDS LOCATED WITHIN RESERVATION BOUNDARIES: RECONSIDERING COUNTY OF YAKIMA V. CONFEDERATED TRIBES & BANDS OF THE YAKIMA INDIAN NATION AND LEECH LAKE BAND OF CHIPPEWA INDIANS V. CASS COUNTY 23 American Indian Law Review 55 (1998) Although once the owners of the North American continent, native peoples and the governments that represent them now own only a small percentage of the land within the current United States. Many tribes are interested in reacquiring lands that once belonged to them. Tribes, as governments and as legal entities, have the power to acquire lands... 1998
Wambdi Awanwicake Wastewin Strate V. A-1 Contractors: Intrusion into the Sovereign Domain of Native Nations 74 North Dakota Law Review 711 (1998) With the decision in Strate v. A-1 Contractors, the United States Supreme Court overstepped the bounds of the government-to-government relationship between Tribal nations and the United States. The Strate decision follows a recent trend in the Supreme Court's decisions of judicial activism in terms of federal Indian law, and also signals a return... 1998
David J. Bodney Taxing Times in Indian Country 34-JAN Arizona Attorney 22 (January, 1998) Historically, the State of Arizona has not been known for its abiding interest in the economic vitality of the Indian tribes whose governments coexist within the state's geographic boundaries. Over the past century, the state has shown little enthusiasm for providing essential governmental services to the tribes. Little wonderno state or local... 1998
Barbara A. Cosens THE 1997 WATER RIGHTS SETTLEMENT BETWEEN THE STATE OF MONTANA AND THE CHIPPEWA CREE TRIBE OF THE ROCKY BOY'S RESERVATION: THE ROLE OF COMMUNITY AND OF THE TRUSTEE 16 UCLA Journal of Environmental Law & Policy 255 (1997-1998) Established on September 7, 1916 for Rocky Boy's Band of Chippewas and . . . other homeless Indians, the Rocky Boy's Reservation is home to over 3,000 Tribal members. The Reservation's annual population growth rate is in excess of three percent. The Reservation has an estimated seventy percent unemployment. Forty-nine percent of the population... 1998
Darla J. Mondou The American Indian Agricultural Resources Management Act: Does the Winters Water Bucket Have a Hole in It? 3 Drake Journal of Agricultural Law 381 (Winter, 1998) I. Introduction. 382 II. Federal Reserved Water Rights. 383 A. The Supreme Court Finds Treaties Hold Water by Implication. 383 B. The Supreme Court Erects a Dam on the Winters Test. 384 C. Indian Reserved Water Rights Survive Termination of the Reservation. 386 D. The AIARMA: Congressional Response to Idle Acres. 387 E. The Bureau of Indian... 1998
Bradford E. Chatigny The Anadarko Dilemma: Can "Offshore" Banking Join Gambling in the Native American Arsenal of Economic Development? 32 Columbia Journal of Law and Social Problems 99 (Fall, 1998) The most economical as well as [the] most humane conduct towards [the Indians] is to bribe them into peace and to retain them in peace by eternal bribes. Thomas Jefferson to Charles Carroll. In a country where an equal application of law to every condition of man is fundamental, how could it be denied to them? Thomas Jefferson to George Hay. Native... 1998
D. Kapua Sproat The Backlash Against Pash: Legislative Attempts to Restrict Native Hawaiian Rights 20 University of Hawaii Law Review 321 (Fall, 1998) In 1995, the Hawaii Supreme Court reaffirmed the preeminence of Hawaiian custom and usage in State law with its decision in Public Access Shoreline Hawaii v. Hawaii County Planning Commission (PASH). In what many view as a landmark decision, the court held that a public interest group with Native Hawaiian members had standing to participate in... 1998
Alex Tallchief Skibine The Chevron Doctrine in Federal Indian Law and the Agencies' Duty to Interpret Legislation in Favor of Indians: Did the Epa Reconcile the Two in Interpreting the "Tribes as States" Section of the Clean Water Act? 11 Saint Thomas Law Review 15 (Fall, 1998) Indian tribes never used to be mentioned in federal legislation of general applicability. This conspicuous silence has led some of us to question whether these acts were even applicable to Indian tribes within their reservations. Starting in the 1980s, Congress began to amend some of these laws and in this process, had to decide how and to what... 1998
James A. Poore III The Constitution of the United States Applies to Indian Tribes 59 Montana Law Review 51 (Winter, 1998) The scope of Indian jurisdiction has again been addressed by the United States Supreme Court in Strate v. A-1 Contractors. Strate held that the tribal court of the Fort Berthold Indian Reservation could not exercise jurisdiction with respect to an automobile accident that occurred on the reservation. However, the Court's analysis did not preclude... 1998
James A. Poore III THE CONSTITUTION OF THE UNITED STATES APPLIES TO INDIAN TRIBES 59 Montana Law Review 51 (Winter, 1998) The scope of Indian jurisdiction has again been addressed by the United States Supreme Court in Strate v. A-1 Contractors. Strate held that the tribal court of the Fort Berthold Indian Reservation could not exercise jurisdiction with respect to an automobile accident that occurred on the reservation. However, the Court's analysis did not preclude... 1998
By Robert Laurence The Convergence of Cross-boundary Enforcement Theories in American Indian Law: an Attempt to Reconcile Full Faith and Credit, Comity and Asymmetry 18 QLR 115 (Spring 1998) Imagine a boundary: Dotted lines between bright colors on a map. A weathered sign in the high desert: Welcome to New Mexico. A double row of electrified concertina wire strung along the hills, vanishing into the distance. A river running through a jungle, a bridge, and two cement-block custom sheds. A sign nobody notices: Entering Highway... 1998
Gregory Elvine-Kreis The Effect of the Indian Gaming Regulatory Act on California Native American's Independence 35 San Diego Law Review 179 (Winter 1998) Native American society within the expanse of land which is now referred to as the United States of America consisted of many cultures, made up of hundreds of individual autonomous tribes, each a sovereign nation with individual cultural traits including art, religion, language and sociopolitical organization. Early Native Americans are believed to... 1998
Rennard Strickland The Genocidal Premise in Native American Law and Policy: Exorcising Aboriginal Ghosts 1 Journal of Gender, Race and Justice 325 (Spring 1998) This symposium comes on the anniversary of an overdue book manuscript. Ten years ago at the University of Kansas, I delivered the Langston Hughes lectures called Genocide at Law: An Historic and Contemporary View of the Native American Experience. Although I promised the University of Kansas Press I would produce a book, it does not yet exist. The... 1998
Kevin J. Worthen The Grand Experiment: Evaluating Indian Law in the "New World" 5 Tulsa Journal of Comparative & International Law 299 (Spring, 1998) When young Charles I ascended to the Spanish throne in 1516, there was perhaps no more vexing problem facing him than the so-called Indian question. In the slightly more than twenty years since Columbus had first returned to Spain from the New World, numerous strongly-held and directly-contradictory, opinions concerning the policy the Spanish... 1998
Doris Estelle Long The Impact of Foreign Investment on Indigenous Culture: an Intellectual Property Perspective 23 North Carolina Journal of International Law and Commercial Regulation 229 (Winter 1998) I. Coca-Colonization and McWorld--De-Culturization in the Global Marketplace. 240 II. Current International Intellectual Property Protection Regimes. 246 III. Intellectual Property Rights--Sword and Shield. 263 IV. Conclusion. 279 1998
Eileen M. Luna THE IMPACT OF THE UNFUNDED MANDATES REFORM ACT OF 1995 ON TRIBAL GOVERNMENTS 22 American Indian Law Review 445 (1998) The creation of federal mandates, i.e., legislation that requires mandatory action or imposes regulations on a subordinate government, has long been a flash point among state and local governments. Many states have resisted the imposition or strengthening of federal regulations particularly if those mandates are not accompanied by funding adequate... 1998
Cynthia G. Hawkins-Leon The Indian Child Welfare Act and the African American Tribe: Facing the Adoption Crisis 36 Brandeis Journal of Family Law 201 (Spring 1997-1998) Does skin color talk[ ] louder than words? Adoption is a process involving up to five competing interests: the child, the biological parents, the adoptive parents, the agency or attorney arranging the adoption, and the state. When an adoption involves an African American child, additional interests arise: cultural expression and unanimity.... 1998
Cynthia G. Hawkins-Leon THE INDIAN CHILD WELFARE ACT AND THE AFRICAN AMERICAN TRIBE: FACING THE ADOPTION CRISIS 36 Brandeis Journal of Family Law 201 (Spring 1997-1998) Does skin color talk[ ] louder than words? Adoption is a process involving up to five competing interests: the child, the biological parents, the adoptive parents, the agency or attorney arranging the adoption, and the state. When an adoption involves an African American child, additional interests arise: cultural expression and unanimity.... 1998
Richard J. Ansson, Jr. The Indian Claims Commission: Did the American Indians Really Have Their Day in Court? 23 American Indian Law Review 207 (1998) Wild Justice. By Michael Lieder & Jake Page. New York: Random House, Inc. 1997. Pp. 318. $ 25.95. Devised by Congress in 1946, the Indian Claims Commission Act created and empowered a Commission to address grievances between the federal government and Indian tribes (p. v). Wild Justice, by Michael Lieder and Jake Page, explores whether the Act was... 1998
Michael C. Blumm , Brett M. Swift The Indian Treaty Piscary Profit and Habitat Protection in the Pacific Northwest: a Property Rights Approach 69 University of Colorado Law Review 407 (Spring 1998) Introduction. 409 I. The Unresolved Issues in Phase II of United States v. Washington. 413 II. Background. 420 A. The Pre-Treaty Fishery. 420 B. The Stevens and Palmer Treaties. 426 C. The Post-Treaty Fishery. 433 III. The Winans Doctrine: Treaty Rights As Property Rights. 435 A. The Early Cases. 436 B. United States v. Winans. 440 IV. The... 1998
Jack Achiezer Guggenheim The Indians' Chief Problem: Chief Wahoo as State Sponsored Discrimination and a Disparaging Mark 46 Cleveland State Law Review 211 (1998) I. Introduction. 212 II. The Cleveland Indians. 213 A. History of the Cleveland Indians. 213 B. History of Chief Wahoo. 214 III. Chief Wahoo as State Sponsored Discrimination. 215 A. Chief Wahoo as State Action. 215 B. Equal Protection Under the Fourteenth Amendment. 221 C. Chief Wahoo as a Violation of the Fourteenth Amendment. 222 D. Chief Wahoo... 1998
Laurie Sargent The Indigenous Peoples of Bolivia's Amazon Basin Region and Ilo Convention No.169: Real Rights or Rhetoric? 29 University of Miami Inter-American Law Review 451 (Spring-Summer 1998) I. Introduction. 453 II. Oil and the Peoples of the Bolivian Amazon Basin Region. 457 A. The Indigenous Peoples of the Amazon Basin Region. 457 B. The Legal Context. 461 C. The State of Oil Operations in Indigenous Territories. 463 III. Evaluation of Whether Bolivia is Currently in Breach of its International Obligations Under Paragraph 15(2) of... 1998
Rhona K.M. Smith The International Impact of Creative Problem Solving: Resolving the Plight of Indigenous Peoples 34 California Western Law Review 411 (Spring 1998) Indigenous peoples are growing more vocal with their claims as the international community becomes more aware of their plight. Traditional legal approaches are proving unsatisfactory in addressing the relevant issues. New solutions which reflect the underlying principles of creative problem solving are now being invoked--conciliation is the new... 1998
John Thomas Bannon, Jr. The Legality of the Religious Use of Peyote by the Native American Church: a Commentary on the Free Exercise, Equal Protection, and Establishment Issues Raised by the Peyote Way Church of God Case 22 American Indian Law Review 475 (1998) In December 1980 the Peyote Way Church of God (Peyote Way) filed a lawsuit in the United States District Court for the Northern District of Texas; Peyote Way named as a defendant, in his official capacity, the Attorney General of the United States. Peyote Way, represented by the Dallas, Texas Chapter of the American Civil Liberties Union, claimed,... 1998
Timothy K. Perttula and Bo Nelson The Looting of Prehistoric Caddo Indian Cemeteries in Northeast Texas 4 Texas Forum on Civil Liberties & Civil Rights 77 (Winter 1998) In this article, we present archeological information on the recent looting of a number of prehistoric Caddo Indian cemeteries in Northeast Texas. These twenty-nine cemeteries comprising more than 1080 looted graves exist on private, state, and federal lands, and none have received any form of protection from either landowners or state and federal... 1998
Jill E. Martin The Miner's Canary: Felix S. Cohen's Philosophy of Indian Rights 23 American Indian Law Review 165 (1998) Felix S. Cohen is best known as the author and editor of the Handbook of Federal Indian Law and for his advocacy of legal rights and equal rights for Native Americans. The Handbook was the first book to compile all existing laws, statutes, and cases dealing with Indian issues, and set them forth in a readable and understandable format, with... 1998
Richard Ansson The North American Agreement on Environmental Cooperation and Native American Tribes: How Can Tribal Interests Best Be Protected? 66 UMKC Law Review 837 (Summer 1998) For the United States, the North American Agreement on Environmental Cooperation was the primary catalyst behind the ratification and implementation of the North American Free Trade Agreement (NAFTA). Under the Environmental Side Agreement, a Commission for Environmental Cooperation was created in an effort to thwart Mexico's lax enforcement of its... 1998
Mark D. Rosen The Outer Limits of Community Self-governance in Residential Associations, Municipalities, and Indian Country: a Liberal Theory 84 Virginia Law Review 1053 (September, 1998) Introduction. 1055 I. Communities That Have Sought to Govern Themselves and Their Common Ideology. 1063 A. Political Perfectionism: An Ideal Typical Conception of the Ideology of Community Self-Governance. 1064 B. Two Nineteenth Century Communities That Sought to Govern Themselves. 1071 1. The Mormons. 1071 2. The Oneida Community. 1074 C. Some... 1998
Lorie M. Graham The past Never Vanishes: a Contextual Critique of the Existing Indian Family Doctrine 23 American Indian Law Review Rev. 1 (1998) Here I walk the road of beauty with my little one as we wear beautiful, beaded moccasins. Let the sunrays be on us, among the carpeted colors of flowers. My child and I will be recognized by our little tiny friends - animals, birds, and butterflies. My child and I will touch the clear water of coolness in the stream as we live. Ha ho ya tahey. My... 1998
Yasuhide Kawashima The Pilgrims and the Wampanoag Indians, 1620-1691: Legal Encounter 23 Oklahoma City University Law Review 115 (Spring-Summer 1998) One of the first concerns of the Pilgrims who founded the Plymouth colony was to establish their own legal jurisdiction around their tiny settlement, to protect themselves from being subjected to the law of their neighboring tribes. As the English population increased, their settlements multiplied, and their legal sphere expanded into the Indian... 1998
Jon M. Van Dyke The Political Status of the Native Hawaiian People 17 Yale Law and Policy Review 95 (1998) More than 200,000 people now living in Hawai'i are descendants of the Polynesian people, who had a thriving isolated culture in the Hawaiian Islands until westerners started arriving at the end of the eighteenth century. The Native Hawaiians lived in a highly organized, self-sufficient, subsistent social system based on communal land tenure with a... 1998
Joseph William Singer The Stranger Who Resides with You: Ironies of Asian-american and American Indian Legal History 40 Boston College Law Review 171 (December, 1998) When a stranger resides with you in your land, you shall not wrong him. The stranger who resides with you shall be to you as one of your citizens; you shall love him as yourself, for you were strangers in the land of Egypt: I am the Lord your God. Vayikra (Leviticus) 19:33-34 I want to begin by noting the personal poignancy of the timing of this... 1998
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