| Author | Title | Citation | Summary | Year |
| Christine Haight Farley |
Protecting Folklore of Indigenous Peoples: Is Intellectual Property the Answer? |
30 Connecticut Law Review Rev. 1 (Fall 1997) |
What can the Navajos do to prevent non-Navajos from using Navajo rug patterns to produce rugs overseas using cheap materials and labor, thereby undercutting the Navajos themselves in a market for their famous rugs? What can the Australian Aboriginal peoples do when their sacred and secret imagery is reproduced on carpets they did not make, and sold... |
1997 |
| Richard J. Ansson, Jr. |
Protecting Profits Derived from Tribal Resources: Why the State of Utah Should Not Have the Power to Tax Non-indian Oil and Gas Lessees on the Navajo Nation's Aneth Extension: Texaco, Exxon, and Union Oil V. San Juan County School District--a Case Study |
21 American Indian Law Review 329 (1997) |
Of course our whole national history has been one of expansion . That barbarians recede or are conquered, with the attendant fact that peace follows their retrogression or conquest, is due solely to the power of the mighty civilized races which have not lost their fighting instinct, and which by their expansion are gradually bringing peace into the... |
1997 |
| Rose L. Pfefferbaum, Betty Pfefferbaum, Everett R. Rhoades, Rennard J. Strickland |
Providing for the Health Care Needs of Native Americans: Policy, Programs, Procedures, and Practices |
21 American Indian Law Review 211 (1997) |
C1-4Table of Contents L1-4 L1-3,T3Prologue 212 I. L2-3,T3The Prevailing Climate 213 A. Introduction. 213 B. Historical Foundations. 214 C. Indicators of Indian Health. 216 II. L2-3,T3Responsibility for Care 218 A. The Unique Case of Native Americans. 218 B. The IHS Mandate. 220 C. Federal Responsibility, State Authority, and Tribal Sovereignty. 223... |
1997 |
| Carole Goldberg-Ambrose |
Public Law 280 and the Problem of Lawlessness in California Indian Country |
44 UCLA Law Review 1405 (June, 1997) |
Introduction. 1405 I. Perceptions of Lawlessness in California Indian Country: 1850-1950. 1409 II. Installing Lawlessness Through Public Law 280. 1415 A. Incident One: Sludge Dumping at Torres-Martinez. 1419 B. Incident Two: Evicting Undesirables at Coyote Valley. 1428 C. Incident Three: Confrontations with Police at Round Valley. 1432 III.... |
1997 |
| Michael Holley |
Recognizing the Rights of Indigenous People to Their Traditional Lands: a Case Study of an Internally-displaced Community in Guatemala |
15 Berkeley Journal of International Law 119 (1997) |
L1-2Prologue: The Mass Displacement of the Indigenous Village of Los Cimientos, Guatemala 120. I. Introduction: Indigenous Peoples and Protecting the Right to Traditional Lands.. 123 II. The Need for an Indigenous Right to Traditional Lands. 126 A. The Worldwide Displacement of Indigenous Communities. 126 B. Guatemala: A Case Study in the Need for... |
1997 |
| Yuanchung Lee |
Rediscovering the Constitutional Lineage of Federal Indian Law |
27 New Mexico Law Review 273 (Spring 1997) |
I. INTRODUCTION. 274 II. INDIAN POLICY AND LAW, 1870-1933. 277 A. Destruction of the Citadel of Savagery: A Brief History of Federal Indian Policy, 1870-. 1933278 1. The Gradual Movement from Separation to Assimilation. 279 2. Beyond 1887: Pulverizing the Tribal Mass. 285 B. The Indian Law Cases of the Middle Republic: LochnerRedux. 286 1.... |
1997 |
| Adam Fortunate Eagle |
Return to the Rock: a Historical Perspective of the Indian Occupation of Alcatraz |
10 St. Thomas Law Review 73 (Fall, 1997) |
The Navajo code talkers of World War II were the unrecognized heroes of that war for more than thirty years. This resulted from a government secrecy policy which severely limited any information concerning their accomplishments in shortening the war. In a similar fashion, the government suppressed information regarding the accomplishments of one of... |
1997 |
| Lydia T. Grimm |
Sacred Lands and the Establishment Clause: Indian Religious Practices on Federal Lands |
12-SUM Natural Resources & Environment 19 (Summer, 1997) |
American Indian religious beliefs and practices are often linked to sacred sites and landscapes. These sacred lands can be the places where traditional ceremonies or other important rituals occur, or where spiritual power emanates. Sacred lands are found within areas now designated as national parks and monuments, national forests, and on other... |
1997 |
| Randolph L. Marsh |
Secretarial Discretion in Communitization of Indian Oil and Gas Leases: the Tenth Circuit Speaks with a Forked Tongue |
32 Tulsa Law Journal 779 (Summer, 1997) |
I. Introduction. 779 II. Background. 780 A. The Trust Doctrine. 780 B. Oil and Gas. 782 1. The Purpose of Conservation. 782 2. State Conservation and Federal Preemption. 783 III. Recent Cases Best Interests' and the All Relevant Factors Test. 786 A. Kenai. 787 B. Cotton Petroleum. 788 C. Cheyenne-Arapaho. 790 D. Woods Petroleum. 791 E. The Two... |
1997 |
| Michael Grant |
SEMINOLE TRIBE v. FLORIDA--EXTINCTION OF THE "NEW BUFFALO?" |
22 American Indian Law Review 171 (1997) |
Many Native Americans refer to Indian gaming as the New Buffalo. This name is much deserved. Indian gaming is an industry which has provided tribal nations with the first real means of maintaining an autonomous existence since the great buffalo roamed the plains centuries ago. In fact, since the United States Supreme Court's decision in... |
1997 |
| by Kevin J Worthen |
South Dakota |
1997-98 Preview of United States Supreme Court Cases 171 (11/21/1997) |
At the turn of the century, Congress enacted a series of Acts opening up many Indian reservations to non-Indian settlement, but the transfer of land ownership did not automatically transfer governing authority over the land. Depending on the statutory language and factual background, the Supreme Court has held that some Acts placed non-Indian land... |
1997 |
| Jessica Roff |
South Dakota V. United States Department of Interior: Another Broken Promise to the United States Indians |
49 Administrative Law Review 453 (Spring, 1997) |
C1-2Table of Contents Introduction. 453 I. Facts of South Dakota v. United States Department of Interior. 455 II. Background of the Nondelegation Doctrine. 458 A. Origins of the Nondelegation Doctrine. 458 B. Judicial Tests to Determine Unconstitutional Delegations. 459 C. The Current Debate over the Nondelegation Doctrine: The... |
1997 |
| Brenda Jones Quick |
Special Treatment Is Fair Treatment for America's Indigenous Peoples |
1997 Detroit College of Law at Michigan State University Law Review 783 (Fall, 1997) |
This essay is not written for Indian law scholars. It is written for the benefit of those who acquired their knowledge of Native Americans from John Wayne, the Lone Ranger and high school history books. C1-2Table of Contents Introduction. 783 I. The Treaties. 785 A. Land Ownership. 786 B. Land and Rights Retained. 786 C. Government/Tribal... |
1997 |
| Richard N. Morrison |
State and Federal Law in Conflict over Indian and Other Federal Reserved Water Rights |
2 Drake Journal of Agricultural Law L. 1 (Spring, 1997) |
I. Introduction. 1 II. Application of the Winters Doctrine. 2 III. The Doctrine of Prior Appropriation. 3 IV. The Need for Adjudication and/or Settlement. 4 V. Nature, Function, and Experience of Adjudication. 5 VI. Attempts to Simplify Adjudication. 6 VII. Toward a New Paradigm; New Conflicts. 10 |
1997 |
| Nehla Basawaiya |
Status of Indigenous Rights in Fiji |
10 St. Thomas Law Review 197 (Fall, 1997) |
Fiji is an island group located in the southwest Pacific with some 320 islands (106 are inhabited) totaling a land area of over 18,330 sq. km. (7,075 sq. mi.). Fiji has a population of 772,655 of which 394,999 (51.1%) are indigenous Fijians, the i'Taukei --while the Indo-Fijians comprise 336,579 (43.6%) with Chinese, Solomon Islanders, Rotumans,... |
1997 |
| Julie A. Clement |
Strengthening Autonomy by Waiving Sovereign Immunity: Why Indian Tribes Should Be "Foreign" under the Foreign Sovereign Immunities Act |
14 Thomas M. Cooley Law Review 653 (Michaelmas Term, 1997) |
In 1831, Chief Justice John Marshall set the stage for a paradox that continues today. In a landmark decision, he categorized Indian tribes as domestic dependent nations, and the phrase has eluded definition ever since. Domestic dependent nation may be an oxymoron. Nation, at the very least, implies independence rather than dependence;... |
1997 |
| Robert B. Porter |
Strengthening Tribal Sovereignty Through Peacemaking: How the Anglo-american Legal Tradition Destroys Indigenous Societies |
28 Columbia Human Rights Law Review 235 (Winter 1997) |
Three Killed in Gunbattle Triggered by Seneca Feud --Headline, The Buffalo News State Court jurisdiction over the type of internal dispute present here would set a dangerous precedent that could severely undermine the (Seneca) Nation's sovereignty, usurp the authority of the Nation's courts, and erode the power of the Nation's leaders to govern for... |
1997 |
| Michael Mirande |
Sustainable Natural Resource Development, Legal Dispute, and Indigenous Peoples: Problem-solving Across Cultures |
11 Tulane Environmental Law Journal 33 (Winter 1997) |
I. Introduction. 33 II. The Inefficacy of Litigation about Aboriginal Entitlements. 35 III. A Case in Point: Idaho Power Company and the Nez Perce Tribe. 39 IV. The Approach. 47 V. The Agreement. 54 VI. Observations and Tips. 56 |
1997 |
| Ben Summit |
The Alaska Native Claims Settlement Act (Ancsa): Friend or Foe in the Struggle to Recover Alaska Native Heritage |
14 Thomas M. Cooley Law Review 607 (Michaelmas Term, 1997) |
I. Pre-ANCSA History A. Part of Our Identity'-Alaska Natives and Alaska Land B. New Settlers, New Ideas, New Developments II. ANCSA A. Structure of the Settlement 1. Land Settlement 2. Monetary Compensation 3. Extinguishment of Native Rights B. Effects of ANCSA 1. Disparate Corporate Impact 2. Trust Relationship with the Federal Government C. New... |
1997 |
| Alissa M. Wilson |
The Best Interests of Children in the Cultural Context of the Indian Child Welfare Act in in re S.s. and R.s. |
28 Loyola University Chicago Law Journal 839 (Summer 1997) |
The life of man is a circle from childhood to childhood, and so it is in everything where power moves. Our teepees were round like the nests of birds, and these were always set in a circle, the nation's hoop, a nest of many nests, where the Great Spirit meant for us to hatch our children. This Native American children's poem indicates a philosophy... |
1997 |
| Robert William Alexander |
THE COLLISION OF TRIBAL NATURAL RESOURCE DEVELOPMENT AND STATE TAXATION: AN ECONOMIC ANALYSIS |
27 New Mexico Law Review 387 (Spring 1997) |
Indian tribes enjoy a unique, though not necessarily enviable, position in the American governmental system. Within their reservations, tribes retain a degree of sovereignty vis-a-vis state governments, but their powers and very existence are dependent on the will of Congress. At the same time, the federal government holds a trust responsibility to... |
1997 |
| Daniel T. Campbell |
The Courts, the Government, and Native Americans: the Politics and Jurisprudence of Systematic Unfairness |
3 Race and Ethnic Ancestry Law Digest 30 (Spring, 1997) |
Imagine that one day you are sitting on the couch, like usual, with a drink in one hand and the remote control in the other. Suddenly you hear a noise outside. You look out the front window, and there is a man walking up your steps carrying a very big gun. He kicks in your door, and tells you to leave. You reply that this is your house, that he has... |
1997 |
| Blake A. Watson |
THE CURIOUS CASE OF DISAPPEARING FEDERAL JURISDICTION OVER FEDERAL ENFORCEMENT OF FEDERAL LAW: A VEHICLE FOR REASSESSMENT OF THE TRIBAL EXHAUSTION/ABSTENTION DOCTRINE |
80 Marquette Law Review 531 (Winter 1997) |
C1-3TABLE OF CONTENTS I. Introduction. 534 II. The Plainbull Scenario'. 540 III. The Origins of the Tribal Exhaustion/Abstention Doctrine. 547 A. Tribal Judicial Systems: A Brief History. 547 B. Promoting Tribal Courts While Retaining Federal Jurisdiction: Exhaustion of Tribal Remedies and the Indian Civil Rights Act. 553 C. National Farmers Union... |
1997 |
| Mark E. Stabile |
The Effect of the Federally Imposed Mediation Requirement of the Indian Gaming Regulatory Act on the Tribal-state Compacting Process |
7 Seton Hall Journal of Sport Law 315 (1997) |
As a result of the principles of sovereignty and as an avenue to realize federal objectives to improve the tribal existence, Indian Gaming has become a recognized right of American Indian Tribes. This article describes the impetus for the gaming legislation, the Indian Gaming Regulatory Act (IGRA), and its components. Specifically, the article... |
1997 |
| Christine Metteer |
The Existing Indian Family Exception: an Impediment to the Trust Responsibility to Preserve Tribal Existence and Culture as Manifested in the Indian Child Welfare Act |
30 Loyola of Los Angeles Law Review 647 (January, 1997) |
I. Introduction 648 A. The General Trust Responsibility to Indians 650 B. The Trust Responsibility as Manifest in the ICWA 652 II. The Trust Responsibility Thwarted 655 A. The Existing Indian Family Exception 655 B. Problems with the Existing Indian Family Exception 659 III. The Constitutionality of Applying the ICWA Regardless of Social, Cultural,... |
1997 |
| Christine Metteer |
THE EXISTING INDIAN FAMILY EXCEPTION: AN IMPEDIMENT TO THE TRUST RESPONSIBILITY TO PRESERVE TRIBAL EXISTENCE AND CULTURE AS MANIFESTED IN THE INDIAN CHILD WELFARE ACT |
30 Loyola of Los Angeles Law Review 647 (January, 1997) |
I. Introduction 648 A. The General Trust Responsibility to Indians 650 B. The Trust Responsibility as Manifest in the ICWA 652 II. The Trust Responsibility Thwarted 655 A. The Existing Indian Family Exception 655 B. Problems with the Existing Indian Family Exception 659 III. The Constitutionality of Applying the ICWA Regardless of Social, Cultural,... |
1997 |
| Wendy Therese Parnell |
The Existing Indian Family Exception: Denying Tribal Rights Protected by the Indian Child Welfare Act |
34 San Diego Law Review 381 (February-March, 1997) |
Culturally, the chances of Indian survival are significantly reduced if our children, the only real means for the transmission of the tribal heritage, are to be raised in non-Indian homes and denied exposure to the ways of their People. American Indian tribes have faced the threat of cultural extinction since the first European explorer set foot on... |
1997 |
| Charmel L. Cross |
The Existing Indian Family Exception: Is it Appropriate to Use a Judicially Created Exception to Render the Indian Child Welfare Act of 1978 Inapplicable? |
26 Capital University Law Review 847 (1997) |
In 1978, Congress enacted the Indian Child Welfare Act (ICWA) in response to the unusual frequency with which Native American children were being separated from their families and tribes through adoption and foster care placement. Congress was concerned about the consequences of such a disproportionate removal rate, and the ICWA was recognition... |
1997 |
| Jennifer E. Brady |
The Huaorani Tribe of Ecuador: a Study in Self-determination for Indigenous Peoples |
10 Harvard Human Rights Journal 291 (Spring, 1997) |
The prospect of oil development in the biologically rich but fragile tract of Amazonian rainforest that is the homeland of the Huaorani--a tribe of semi-nomadic hunter-gatherers in the Amazonian Oriente region of eastern Ecuador --threatens the tribe's cultural and physical survival. An analysis of the Huaorani's struggle for survival in the face... |
1997 |
| Lawrence Watters , Connie Dugger |
The Hunt for Gray Whales: the Dilemma of Native American Treaty Rights and the International Moratorium on Whaling |
22 Columbia Journal of Environmental Law 319 (1997) |
Every generation receives a natural and cultural legacy in trust from its ancestors and holds it in trust for its descendants. Edith Brown Weiss More than anything else, whale hunting represents the spiritual and technological preparedness of the Makah people and the wealth of the culture. Makah Tribe I. Introduction. 320 II. The Nature of the... |
1997 |
| Sloan Philips |
The Indian Child Welfare Act in the Face of Extinction |
21 American Indian Law Review 351 (1997) |
In 1978, Congress passed the Indian Child Welfare Act (ICWA), giving tribal courts exclusive jurisdiction over the adoption of Native American children. It took Congress many years to promulgate this Act. Since passage, many have criticized the ICWA for failing to protect Indian children. In light of forty high-profile controversial adoptions, the... |
1997 |
| Jennifer Nutt Carleton |
The Indian Child Welfare Act: a Study in the Codification of the Ethnic Best Interests of the Child |
81 Marquette Law Review 21 (Fall 1997) |
For this whole century, right up until 1978 when we got the Indian Child Welfare Act, social workers would come in here with no understanding of how our families worked. They would see a child who'd been left with someone outside the nuclear family, and they would call that neglect. To us, that is an insane rationale. We don't distinguish between... |
1997 |
| B. J. Jones |
The Indian Child Welfare Act: in Search of a Federal Forum to Vindicate the Rights of Indian Tribes and Children Against the Vagaries of State Courts |
73 North Dakota Law Review 395 (1997) |
The Indian Child Welfare Act (ICWA) was enacted by Congress in 1978 to curtail the massive removal (primarily by state agencies and courts) of Indian children from their homes. ICWA was also an attempt to assure that those children, who must be removed, be placed in homes that reflect their unique cultures and traditions. ICWA strives to accomplish... |
1997 |
| B. J. Jones |
THE INDIAN CHILD WELFARE ACT: IN SEARCH OF A FEDERAL FORUM TO VINDICATE THE RIGHTS OF INDIAN TRIBES AND CHILDREN AGAINST THE VAGARIES OF STATE COURTS |
73 North Dakota Law Review 395 (1997) |
The Indian Child Welfare Act (ICWA) was enacted by Congress in 1978 to curtail the massive removal (primarily by state agencies and courts) of Indian children from their homes. ICWA was also an attempt to assure that those children, who must be removed, be placed in homes that reflect their unique cultures and traditions. ICWA strives to accomplish... |
1997 |
| Brad Jolly |
The Indian Gaming Regulatory Act: the Unwavering Policy of Termination Continues |
29 Arizona State Law Journal 273 (Spring, 1997) |
Somewhere on the Northern Plains, an old, sturdy pickupa Rez truckcruises easily across a rural state highway. It moves smoothly and confidently, nothing in its way. But, just within eyesight, a dark figure begins to take form in the center of the road, growing and defining as the truck puts more distance behind. As the figure clarifies, the... |
1997 |
| C. Shannon Bacon |
The Indian Gaming Regulatory Act: What Congress Giveth, the Court Taketh Away --seminole Tribe of Florida V. Florida |
30 Creighton Law Review 569 (February, 1997) |
Indian gaming is one of the most prominent means for Indian Tribes to generate revenue for social programs such as the support of hospitals, government services, schools and youth centers. In the United States, twenty-four states have entered into more than 140 casino-style gaming compacts with Indian Tribes. These Indian gaming operations generate... |
1997 |
| JosÉ Paulo Kastrup |
The Internationalization of Indigenous Rights from the Environmental and Human Rights Perspective |
32 Texas International Law Journal 97 (Winter 1997) |
I. Introduction. 98 II. The Indigenous Peoples in the American Hemisphere. 99 A. Who Are the Indigenous Peoples'?. 99 1. The International Definition. 99 2. The U.S. Definition. 100 B. A Historical Overview and the Origins of Today's Problems. 102 1. Precolonialism and Colonialism--The Beginning and Almost an End. 102 2. Indigenous Peoples in the... |
1997 |
| Daniel C. Turack |
The Living Law of Nations: Essays on Refugees, Minorities, Indigenous Peoples and the Human Rights of Other Vulnerable Groups in Memory of Atle Grahl-madsen |
26 Capital University Law Review 455 (1997) |
This volume of essays originally was intended as a Festschrift to celebrate Atle Grahl-Madsen's 70th birthday. Instead, it is published as a Ged chnisschrift to honor his memory. Among other successes in life, Atle Grahl-Madsen was a Professor of International law at the University of Bergen in Norway, and a special consultant to governments and... |
1997 |
| Cindy D. Padget |
The Lost Indians of the Lost Colony: a Critical Legal Study of the Lumbee Indians of North Carolina |
21 American Indian Law Review 391 (1997) |
In the decades past I have yearned for your acceptance, neither red nor white willing to give. Yet, I know within my being of my significance to this land. Abandoned, I must cling to my self-recognition as my salvation. --Wendy Moore Ledwell, a Lumbee Indian The Lumbee of North Carolina are Indians who are federally recognized in form but not in... |
1997 |
| Jason C. Roberts |
The Protection of Indigenous Populations' Cultural Property in Peru, Mexico and the United States |
4 Tulsa Journal of Comparative & International Law 327 (Spring 1997) |
The Governor asked him how much he would give and how soon. Atahualpa said that he would give a room full of gold. The room measured 22 feet long by 17 feet wide, and (was to be) filled to a white line half way up its height--(the line) he described must have been about 1.5 estados (over eight feet) high. He said that up to this level he would fill... |
1997 |
| Lawrence Rosenn |
The Right to Be Different: Indigenous Peoples and the Quest for a Unified Theory |
107 Yale Law Journal 227 (October, 1997) |
Americans genuinely seem perplexed by the issue of group rights. Ever since the Federalists' vision of the country prevailed over the view of those who saw the nation as congeries of communitarian entities, Americans have favored the ideal of unitarian nationhood without relinquishing their romance of community. A similar ambivalence is evident in... |
1997 |
| Martha A. Field |
The Seminole Case, Federalism, and the Indian Commerce Clause |
29 Arizona State Law Journal L.J. 3 (Spring, 1997) |
As a scholar of federalism, my presence would ordinarily seem a bit out of place in a symposium on Indian gaming law. The Supreme Court, however, brought these two subjects together in its 1996 decision in Seminole Tribe v. Florida. The Court in Seminole made a remarkable holding. It ruled that the Eleventh Amendment to the U.S. Constitution... |
1997 |
| Morris S. Arnold |
The Tenth Annual Brendan F. Brown Lecture Loyola University School of Law Cultural Imperialism and the Legal System: the Application of European Law to Indians in Colonial Louisiana |
42 Loyola Law Review 727 (Winter, 1997) |
As Professor William Hagan has remarked, when writing about Indians [t]he opportunities for new insight are legion, as are the temptations to passionate overstatement, pride, romanticism, self-flagellation, and polemics. It is not surprising, therefore, that some of the current literature on the subject of European law and native Americans adopts... |
1997 |
| Phillip Allen White |
The Tribal Exhaustion Doctrine: "Just Stay on the Good Roads, and You've Got Nothing to Worry About" |
22 American Indian Law Review 65 (1997) |
Indian Law is a law for Indians, intended to control them, and not a law of Indians. If you look between the pages of Felix Cohen's text . or any other major work on Indian affairs law, you see that (1) it is not written or made by Indians; (2) it does not speak to tribal traditions; and (3) it advocates barriers to tribal governments and... |
1997 |
| Phillip Allen White |
THE TRIBAL EXHAUSTION DOCTRINE: "JUST STAY ON THE GOOD ROADS, AND YOU'VE GOT NOTHING TO WORRY ABOUT" |
22 American Indian Law Review 65 (1997) |
Indian Law is a law for Indians, intended to control them, and not a law of Indians. If you look between the pages of Felix Cohen's text . or any other major work on Indian affairs law, you see that (1) it is not written or made by Indians; (2) it does not speak to tribal traditions; and (3) it advocates barriers to tribal governments and... |
1997 |
| Janice Aitken |
The Trust Doctrine in Federal Indian Law: a Look at its Development and at How its Analysis under Social Contract Theory Might Expand its Scope |
18 Northern Illinois University Law Review 115 (Fall 1997) |
The relationship between the United States and the American Indians is marked by extreme shifts in the policy of the federal government toward the Indian Nations, from the forcible removal of hundreds of tribes. . . from their ancestral lands to a commitment. . . to revive tribal governments. The history of that relationship developed out of a... |
1997 |
| Rishab Aiyer Ghosh |
Trends in Indian Media and Prospects for Broadcasting Reform |
5 Cardozo Journal of International and Comparative Law 387 (Fall 1997) |
Close to where I live in New Delhi, there is a bridge across the river, surrounded on either side along the dry river bed by shacks made of rough jute cloth and bits of stray wood. The people who live in these shacks ebb and flow with the seasons and the water level of the river, making some sort of a living off the few vegetables they grow in the... |
1997 |
| Jamelle King |
Tribal Court General Civil Jurisdiction over Actions Between Non-indian Plaintiffs and Defendants: Strate V. A-1 Contractors |
22 American Indian Law Review 191 (1997) |
The reservations, with their courts and other institutions, are destined to disappear in time. The only questions is, When? The true motivations behind, and justification for, Indian separatism are psychological.. [S]eparatist rhetoric may be useful in restoring a sense of personal (or cultural, if one insists) identity and worth to the members... |
1997 |
| B.J. Jones |
Tribal Courts: Protectors of the Native Paradigm of Justice |
10 St. Thomas Law Review 87 (Fall, 1997) |
The University of North Dakota School of Law provides training and technical assistance to some twenty-one tribal courts in the Dakotas and Minnesota. These courts vary in size and jurisdiction. For example, the Oglala Sioux Tribal Court in South Dakota, on a per capita basis, handles quite possibly the largest caseload of any court in the nation,... |
1997 |
| William H. Gelles |
TRIBAL REGULATORY AUTHORITY UNDER THE CLEAN AIR ACT |
3 Environmental Lawyer 363 (February, 1997) |
Tribal authority to regulate the reservation environment and implement air, land and water standards that may affect non-Indian interests creates controversy among Indian nations, States and EPA. This article examines the development of tribal regulatory jurisdiction under the Clean Air Act and the issues surrounding EPA's proposed rule that would... |
1997 |