| Author | Title | Citation | Summary | Year |
| Honorable Ada Deer |
TRIBAL SOVEREIGNTY IN THE TWENTY-FIRST CENTURY |
10 St. Thomas Law Review 17 (Fall, 1997) |
Tribal sovereignty is a concept and a reality that is as old as the tribes themselves. That constitutes tens of thousands of years! Yet, in a mere two-year election cycle of the United States House of Representatives, there can be a significant change in whether new House members understand or choose to honor the centuries-old... |
1997 |
| Marilyn J. Ward Ford |
Twenty Five Years of the Alaska Native Claims Settlement Act: Self Determination or Destruction of the Heritage, Culture, and Way of Life of Alaska's Native Americans? |
12 Journal of Environmental Law & Litigation 305 (1997) |
Although this country was once wholly inhabited by Indians, the tribes, and many of them once powerful, who occupied the countries now constituting the states east of the Mississippi, have, one by one, been exterminated in their abortive attempts to stem the western march of civilization . If any tribe remonstrated against the violation of their... |
1997 |
| John J. Harte |
Validity of a State Court's Exercise of Concurrent Jurisdiction over Civil Actions Arising in Indian Country: Application of the Indian Abstention Doctrine in State Court |
21 American Indian Law Review 63 (1997) |
One of the clearest and most persistent themes involving Indian sovereignty has been the continuous struggle by the states to assert greater control over Indian reservations, either at the expense of the federal or tribal governments. The states' objective of regulating conduct in Indian country lies in direct conflict with all surviving notions... |
1997 |
| Kirke Kickingbird |
Vanishing American-vanishing Justice: Indian Policies on the Eve of the 21st Century |
14 Thomas M. Cooley Law Review 437 (Michaelmas Term, 1997) |
Well, I began teaching law school in 1988. I taught federal Indian law under tribal governments for years through a special program that I had developed with my private, non-profit organization named the Institute for the Development of Indian Law. While teaching, I have found that the material I used to be able to teach tribal governments' leaders... |
1997 |
| Kathryn R.L. Rand , Steven A. Light |
Virtue or Vice? How Igra Shapes the Politics of Native American Gaming, Sovereignty, and Identity |
4 Virginia Journal of Social Policy and the Law 381 (Winter 1997) |
The casino is not a statement of who we are, but only a means to get us to where we want to be. We had tried poverty for 200 years, so we decided to try something else. --Ray Halbritter, Nation Representative, Oneida Indian Nation of New York, and Chief Executive Officer, Oneida Indian Nation Enterpises Whether regarded as virtue or vice, gaming... |
1997 |
| Philip J. Prygoski |
War as the Prevailing Metaphor in Federal Indian Law Jurisprudence: an Exercise in Judicial Activism |
491 (Michaelmas Term, 1997) |
During World War II, the Supreme Court had before it the cases of Hirabayashi v. United States and Korematsu v. United States. In those cases, the Court upheld Presidential action (with Congressional approval) that had placed people of Japanese descent on the west coast under curfew, excluded them from certain areas, or placed them in detention... |
1997 |
| Pat Hanley |
Warrantless Searches for Alcohol by Native Alaskan Villages: a Permissible Exercise of Sovereign Rights or an Assault on Civil Liberties? |
14 Alaska Law Review 471 (12/1/1997) |
This Article analyzes the legality of border searches employed by Native Alaskan villages (NAVs) to prevent the importation of alcohol into their communities. The Article first discusses the application of the search and seizure requirements of the Fourth Amendment and Indian Civil Rights Act to NAVs, finding that the recent federal recognition... |
1997 |
| Gary D. Meyers |
Water, Water Everywhere. . .: but Is Any of it Subject to Offshore Native Title Claims in Australia ? |
9 International Legal Perspectives 93 (Spring-Fall 1997) |
In June 1992, the High Court of Australia declared in its historic Mabo decision that the common law of Australia acknowledged, recognized, and protected the rights of its Indigenous Peoples to occupy and use their traditional lands, waters, and other resources. These rights and interests in land, collectively referred to as Native Title,... |
1997 |
| Guy Levy |
Western Telcon V. California State Lottery ; Will Native Americans Lose Again? |
19 Thomas Jefferson Law Review 361 (Summer 1997) |
In 1984, California voters passed Proposition 37, which resulted in the adoption of the California Lottery Act and the birth of the California State Lottery (CSL). Since that time, the CSL has run numerous types of games. One such game is Keno, which is at the heart of Western Telcon v. California State Lottery. However, Keno is not the only game... |
1997 |
| Robert J. Morris |
What Though Our Rights Have Been Assailed? Mormons, Politics, Same-sex Marriage, and Cultural Abuse in the Sandwich Islands (Hawai'i) |
18 Women's Rights Law Reporter 129 (Winter 1997) |
The only fault I find with the Constitution is, it is not broad enough to cover the whole ground.--Joseph Smith (1843) And they go to work to legislate to correct our morals. --Mormon President John Taylor (1882) It is in politics as in religion. --Mormon Apostle George Q. Cannon (1883) From politics in religion or religion in politics; from... |
1997 |
| Brian C. Hosmer |
William E. Unrau, White Man's Wicked Water: the Alcohol Trade and Prohibition in Indian Country, 1802–1892. Lawrence: University Press of Kansas, 1996. Xi, 180 Pp. $25.00. |
41 American Journal of Legal History 492 (October, 1997) |
Why did Indians drink to excess? There are few topics relating to Native Americans which have been so consistently debated. Missionaries decried it, Indian agents grew frustrated with problem drinking, social workers from several generations have tried to combat it, and biologists, sociologists, psychologists, historians and scholars of virtually... |
1997 |
| Tim Reynon, Paul EchoHawk |
Winner, Best Appellate Brief in the 1997 Native American Law Student Association Moot Court Competition |
22 American Indian Law Review 263 (1997) |
I. Whether the County or Tribal Officials can exclude people from running and voting in school board elections based on their political or racial status. II. Whether the Tribe and the State, in their respective cases, are immune from suit. Taylor Nine Fingers is an enrolled member of the Black Earth Band of Chippewa living within the Black Earth... |
1997 |
| Rennard Strickland |
Wolf Warriors and Turtle Kings: Native American Law Before the Blue Coats |
72 Washington Law Review 1043 (October, 1997) |
One of the great myths of the white invention of the Indian was that there was no law among Native Americans before the white man except for a single Indian primitive legal system of blood revenge, uniform across the North American continent. This is not so. Law existed among Native Peoples long before white contact. Quite simply, the Indians had... |
1997 |
| Michelle M. Lindo |
Youpee V. Babbitt--the Indian Land Inheritance Problem Revisited |
22 American Indian Law Review 223 (1997) |
There is no question . that the right to pass on valuable property to one's heirs is itself a valuable right. Imagine owning a tract of land with your brother and sister. You and your siblings do not own identifiable portions of the land. Although the tract may be composed of three acres, you do not own any acre by yourself. The terms of the... |
1997 |
| Henry S. Noyes |
A "Civil" Method of Law Enforcement on the Reservation: in Rem Forfeiture and Indian Law |
20 American Indian Law Review 307 (1995-1996) |
Indian tribes in the United States do not have criminal jurisdiction over non-Indians. This jurisdictional limitation on Indian sovereignty is a serious problem for Indian tribes because they cannot enforce their criminal laws against non-Indians who commit crimes on Indian reservations. This article proposes and assesses forfeiture as a method of... |
1996 |
| George Likourezos |
A Case of First Impression: American Indians Seek Cancellation of the Trademarked Term "Redskins" |
78 Journal of the Patent and Trademark Office Society 275 (April, 1996) |
Seven prominent Native American leaders, representing a broad cross-section of American Indian life, on September 10, 1992 filed a federal administrative law action with the United States Patent and Trademark Office (USPTO) against the Washington Redskins football organization, seeking to cancel federal registrations of the trademarked term... |
1996 |
| Allen Sparkman, Denver, Colorado |
A Civil Action |
25-FEB Colorado Lawyer 48 (February, 1996) |
These two books tell environmental stories from opposite ends of the damages time line. A Civil Action relates the course of Civil Action 82-1672, Anderson v. W.R. Grace, in which several residents of Woburn, Massachusetts sued W.R. Grace and Beatrice Food Co. The plaintiffs alleged that the defendants' dumping of industrial solvents had poisoned... |
1996 |
| Anthony J. Marks |
A House of Cards: Has the Federal Government Succeeded in Regulating Indian Gaming? |
17 Loyola of Los Angeles Entertainment Law Journal 157 (1996) |
The United States has a special relationship with Indian tribes. By use of the Constitution and numerous treaties, the federal government has endeavored to protect tribes from states, which have often coveted Indian lands and assets and have sought to impose their will on the Indian tribes and people. In 1831, the Supreme Court held in Cherokee... |
1996 |
| Karyn I. Wendelowski |
A Matter of Trust: Federal Environmental Responsibilities to Native Americans under Customary International Law |
20 American Indian Law Review 423 (1995-1996) |
If the water is depleted the Hopis will be cut off from this holy land where they have a covenant with their creator. - Vernon Masayesva, Hopi tribal chairman, on the effect of coal mining on Hopi land All our lands on the hill No longer can be used Will become home of craters and rocks. - Nauruan song, lamenting the fate of Topside, the... |
1996 |
| Kirke Kickingbird |
A Tour on the Prairies or Washington Irving and the "Horseless Headman": |
9 Saint Thomas Law Review 125 (Fall 1996) |
The title of this paper is derived from a speech I made in Sedona, Arizona. At that time, we were rapidly approaching Halloween; thus, the title became appropriate. The title is not just concerned with Washington Irving's story of Sleepy Hollow and the Headless Horseman. Irving also wrote, A Tour on the Prairies to memorialize his 1832 journey on... |
1996 |
| Jennifer A. Wood |
Administrative Law: the Navajo Nation Defeats Non-indian Company and Scores One for Native American Legal Self-determination [ Pittsburg & Midway Mining Co. V. Watchman, 52 F.3d 1531 (10th Cir. 1995)] |
35 Washburn Law Journal 376 (Spring 1996) |
In Pittsburg & Midway Coal Mining Co. v. Watchman ( Pittsburg & Midway II), the Tenth Circuit Court of Appeals considers the jurisdictional basis for the Navajo Tribal Court's application of the tribal abstention doctrine to the tax controversy between the Pittsburg & Midway Mining Company (P&M) and the Navajo Nation. The federal government allows... |
1996 |
| Robert A. Fairbanks |
American Indian Law Review: Purpose Goals Revisited |
20 American Indian Law Review Rev. 1 (1995-1996) |
As an Ojibwe law student at the University of Oklahoma in 1973, I became painfully aware that few lawyers, judges, legal scholars, or citizens appreciated, much less understood, the legal quagmire that Native American governments and individuals confront everyday. Moreover, that same year the ugly specter of racism and political deception haunting... |
1996 |
| Mark Hannig |
An Examination of the Possibility to Secure Intellectual Property Rights for Plant Genetic Resources Developed by Indigenous Peoples of the Nafta States: Domestic Legislation under the International Convention for Protection of New Plant Varieties |
13 Arizona Journal of International & Comparative Law 175 (Spring, 1996) |
As an exercise to sharpen my awareness, sometimes at meals I conjecture whence the food before has come, who contributed to its production, why they produced it as they did, what factored in its making, and how it arrived at my table. The coincidence of relations that enables me to consume food at a location distant from its production testifies of... |
1996 |
| David M. Blurton, J.D. |
Ancsa Corporation Lands and the Dependent Indian Community Category of Indian Country |
13 Alaska Law Review 211 (December, 1996) |
This Article argues that the lands set aside for Alaska Natives by The Alaska Native Claims Settlement Act (ANCSA) are tribal territory, or Indian country, and are therefore subject to the exercise of tribal sovereign powers. The Article first discusses some basic Indian law tenets, which it draws upon throughout its analysis. Next, the Article... |
1996 |
| William Buffalo, Kevin J. Wadzinski |
Article Abstracts |
17 Berkeley Journal of Employment and Labor Law 165 (1996) |
The abstracts section, a regular feature of the Journal, contains summaries of recent labor- and employment-related articles, comments and notes published in law reviews and journals nationwide. In addition, the section lists citations to recent articles of interest which are not summarized. The article summaries and citations are categorized under... |
1996 |
| Vicki J. Limas |
Article Abstracts |
17 Berkeley Journal of Employment and Labor Law 174 (1996) |
The abstracts section, a regular feature of the Journal, contains summaries of recent labor- and employment-related articles, comments and notes published in law reviews and journals nationwide. In addition, the section lists citations to recent articles of interest which are not summarized. The article summaries and citations are categorized under... |
1996 |
| Steven Paul Mcsloy |
Because the Bible Tells Me So: Manifest Destiny and American Indians |
9 Saint Thomas Law Review 37 (Fall 1996) |
The conquest of the earth, which mostly means the taking it away from those who have a different complexion or slightly flatter noses than ourselves, is not a pretty thing when you look into it too much. What redeems it is the idea only. An idea at the back of it; not a sentimental pretense but an idea; and an unselfish belief in the... |
1996 |
| Dean B. Suagee |
Braid of Feathers: American Indian Law and Contemporary Tribal Life |
11-SUM Natural Resources & Environment 62 (Summer, 1996) |
A great many lawyers have very little understanding about the judicial institutions of the third kind of sovereign in our federal system, Indian tribal courts. Tribal courts using the Anglo-American model are not new. Many tribes have the better part of a century of experience, and a few have more. In recent years we have seen dramatic growth in... |
1996 |
| by Kevin J Worthen |
Bruce Babbitt, Secretary of the Interior |
1996-97 Preview of United States Supreme Court Cases 186 (11/18/1996) |
Many parcels of land allotted to individual Indians in the 1800s now are owned by hundreds of descendants of the original allottee. This fragmented ownership can prevent effective use of the land. In 1987 the Supreme Court invalidated a law under which small interests in allotted lands automatically went to the tribe at the owner's death, ruling... |
1996 |
| Wayne R. Farnsworth |
Bureau of Indian Affairs Hiring Preferences after Adarand Constructors, Inc. V. Pena |
1996 Brigham Young University Law Review 503 (1996) |
The recent Supreme Court decision in Adarand Constructors, Inc. v. Pena raised the constitutional standard of review for all federal government racial classifications to strict scrutiny. Prior to this ruling, the Supreme Court had held that federal government racial classifications, when benign, were subject only to intermediate scrutiny. In the... |
1996 |
| Joan Heifetz Hollinger |
Children of the Tribe |
1 U.C. Davis Journal of Juvenile Law & Policy 19 (Fall, 1996) |
Bridget and Lucy R., twin sisters who will be three years old in November 1996, are unable to comprehend the threatened loss of the only parents and family they have ever known. The twins are at risk of being deprived of the trust and emotional security which arise from daily interaction with their adoptive family. Until the California or federal... |
1996 |
| Joan Heifetz Hollinger |
CHILDREN OF THE TRIBE |
1 U.C. Davis Journal of Juvenile Law & Policy 19 (Fall, 1996) |
Bridget and Lucy R., twin sisters who will be three years old in November 1996, are unable to comprehend the threatened loss of the only parents and family they have ever known. The twins are at risk of being deprived of the trust and emotional security which arise from daily interaction with their adoptive family. Until the California or federal... |
1996 |
| Dean B. Suagee |
Clean Water and Human Rights in Indian Country |
11-FALL Natural Resources & Environment 46 (Fall, 1996) |
A decade ago Congress amended the Clean Water Act (CWA) to authorize the Environmental Protection Agency (EPA) to treat Indian tribal governments like states for a variety of purposes. CWA § 518, 33 U.S.C. § 1377. In the years since then, EPA has promulgated several sets of amendments to its regulations implementing the CWA, setting the stage for... |
1996 |
| Hassan Saffouri |
Comment--the Good Cause Exception to the Indian Child Welfare Act's Placement Preferences: the Minnesota Supreme Court Sets a Difficult (Impossible?) Standard--in re the Custody of S.e.g., 521 N.w.2d 357 (Minn. 1994). |
21 William Mitchell Law Review 1191 (Summer 1996) |
I. Introduction. 1191 II. The Indian Child Welfare Act of 1978. 1193 A. History of the Act. 1193 B. Relevant Provisions of the Act. 1196 C. A Note on Minnesota State Law. 1199 D. The Minnesota Supreme Court's Task Force on Racial Bias in the Judicial System. 1200 III. In re the Custody of S.E.G.. 1203 A. Facts. 1203 B. The Trial Court's Decision.... |
1996 |
| Wendy Collins Perdue |
Conflicts and Dependent Sovereigns: Incorporating Indian Tribes into a Conflicts Course |
27 The University of Toledo Law Review 675 (Spring, 1996) |
SEVERAL years ago, the AALS Section on Conflict of Laws did a program on conflicts involving Native American tribal law. That program highlighted that in addition to the federal and state governments, there is a third category of governmental entity in this county, i.e., Indian Tribes, and these entities provide a fascinating arena in which to... |
1996 |
| David H. Getches |
Conquering the Cultural Frontier: the New Subjectivism of the Supreme Court in Indian Law |
84 California Law Review 1573 (December, 1996) |
The New Subjectivism of the Supreme Court in Indian Law For a century and a half, the Supreme Court was faithful to a set of foundation principles respecting Indian tribal sovereignty. Though the United States can abrogate tribal powers and rights, it can only do so by legislation. Accordingly, the Court has protected reservations as enclaves for... |
1996 |
| Philip P. Frickey |
Context and Legitimacy in Federal Indian Law |
94 Michigan Law Review 1973 (May, 1996) |
Federal Indian law is perhaps the least respected and most misunderstood area of public law. Although the field produces a steady diet of cases for the Supreme Court, the Justices have little love for the topic. The work of Indian-law scholars and practitioners seems isolated from the more general span of public law scholarship and practice.... |
1996 |
| Philip P. Frickey |
CONTEXT AND LEGITIMACY IN FEDERAL INDIAN LAW |
94 Michigan Law Review 1973 (May, 1996) |
Federal Indian law is perhaps the least respected and most misunderstood area of public law. Although the field produces a steady diet of cases for the Supreme Court, the Justices have little love for the topic. The work of Indian-law scholars and practitioners seems isolated from the more general span of public law scholarship and practice.... |
1996 |
| Sarah Bond |
Counterpoint: Seminole Tribe of Florida V. Florida a Victory for States' Rights; Indian Gaming Act Caught in the Crossfire |
21-SEP Montana Lawyer 21 (July/August, 1996) |
Indian gaming has been governed since 1988 by the Indian Gaming Regulatory Act 25, U.S.C. §§ 2701 et seq. (IGRA). IGRA, which was truly a product of legislative compromise, authorized Indian tribes to request states that permitted casino gambling to negotiate in good faith with the tribe to arrive at a compact that would permit the tribe to own... |
1996 |
| Michael H. Imbacuan |
Crow Dog's Case: American Indian Sovereignty, Tribal Law, and the United States Law in the Nineteenth Century, by Sidney L. Harring. Cambridge: Cambridge University Press, 1994. Pp. Viii, 301. |
22 New York University Review of Law and Social Change 728 (1996) |
Crow Dog's Case, by Sidney Harring, offers a social history of American Indian law. Setting his book apart from familiar legal histories which limit their focus to courts and cases, Harring articulates and implements his premise that a proper understanding of American Indian law requires an acknowledgment of and appreciation for the social and... |
1996 |
| Elizabeth Ann Ho-oipo Kala'ena'auao Pa Martin, David Lynn Martin, David Campbell Penn, and Joyce E. McCarty |
Cultures in Conflict in Hawai'i: the Law and Politics of Native Hawaiian Water Rights |
18 University of Hawaii Law Review 71 (Winter/Spring, 1996) |
I. L2-4,T4A Critical Juncture in Hawaiian Water Rights 72 II. L2-4,T4Historical Background 83 A. L3-4,T4Traditional and Customary Beliefs, Values and Practices 83. B. L3-4,T4Colonization 90. C. L3-4,T4Development of Common Law 97. III. L2-4,T4The Hawaii Water Code 105 A. L3-4,T4Enacting the Code 105. B. L3-4,T4Designation of Ground Water Management... |
1996 |
| Allen H. Sanders |
Damaging Indian Treaty Fisheries: a Violation of Tribal Property Rights? |
17 Public Land & Resources Law Review 153 (1996) |
In seven decisions spanning over seventy years, the United States Supreme Court has upheld the unique value and solemn import of Indian treaty fishing rights. Uncertainty remains, however, over whether non-Indians may diminish or even destroy, with impunity, the fish that tribes have a treaty-secured right of taking. One case, pending in the Ninth... |
1996 |
| Jon M. Sands |
Departure Reform and Indian Crimes: Reading the Commission's Staff Paper with Reservations" |
1996 Federal Sentencing Reporter 931757 (12/1/1996) |
Even before Koon v. United States, calls encouraging departure flexibility increased. Now after Koon, the subject has been the topic of widespread discussion, symposia and not a few special issues. The Commission's staff had anticipated this debate with a 1995 discussion paper on departures and offender characteristics. The Departure Paper lays out... |
1996 |
| Dr. Cynthia Price Cohen |
Development of the Rights of the Indigenous Child under International Law |
9 Saint Thomas Law Review 231 (Fall 1996) |
In 1994, the United Nations dedicated the ten-year period starting December 10, 1994, as the Decade of the World's Indigenous People. At the end of the decade, children who were born during the International Year for the World's Indigenous People (1993) will be approaching puberty, while those who were pre-teens that year will have become young... |
1996 |
| Julian Schriebman |
Developments in Policy: Federal Indian Law |
14 Yale Law and Policy Review 353 (1996) |
The Supreme Court's decision in Seminole Tribe v. Florida comes at a critical moment not only in the controversy over states' rights, but also in the regulation of Indian gaming. Gambling in the United States has increased dramatically in recent years. Indian reservations account for much of this growth: at this writing, over 170 Indian casinos and... |
1996 |
| Jason Kalish |
Do the States Have an Ace in the Hole or Should the Indians Call Their Bluff? Tribes Caught in the Power Struggle Between the Federal Government and the States |
38 Arizona Law Review 1345 (Winter, 1996) |
When asked by an anthropologist what the Indians called America before the white man came, an Indian said simply, Ours'.Vine Deloria, Jr. Today, America does not belong to the Indians. Indians have not been completely assimilated into American society. Indians' wages are less than half the wages of non-Indians, thirty-nine percent are... |
1996 |
| Philip P. Frickey |
Domesticating Federal Indian Law |
81 Minnesota Law Review 31 (November, 1996) |
As every schoolchild learns, the Supreme Court has said, our Constitution establishes a system of dual sovereignty between the States and the Federal Government. What school-childrenand almost all law studentsdo not learn is that this story of sovereignty is radically incomplete. Our Federalism came about through our colonialism.... |
1996 |
| Kim Chandler Jòhnson , John Terrence Eck |
Eliminating Indian Stereotypes from American Society: Causes and Legal and Societal Solutions |
20 American Indian Law Review 65 (1995-1996) |
1995 World Series Fans were greeted by a billboard, across from the stadium, which depicted a peace pipe broken in half by a three-dimensional tomahawk. The billboard read: There will be no peace-pipe smoking in Atlanta. Indians beware. Even in the 1990s, derogatory stereotypes of Native Americans are all too common. In school textbooks, film and... |
1996 |
| G. William Rice |
Employment in Indian Country: Considerations Respecting Tribal Regulation of the Employer-employee Relationship |
72 North Dakota Law Review 267 (1996) |
Notwithstanding the (mis)perceptions resulting from the success of a few Tribes in the conduct of gaming enterprises, Indians retain the dubious distinction of having the lowest per capita income of any identifiable group in the United States according to the 1990 Census. The per capita income of Indians averaged $8,328.00 compared to $15,687.00... |
1996 |
| G. William Rice |
EMPLOYMENT IN INDIAN COUNTRY: CONSIDERATIONS RESPECTING TRIBAL REGULATION OF THE EMPLOYER-EMPLOYEE RELATIONSHIP |
72 North Dakota Law Review 267 (1996) |
Notwithstanding the (mis)perceptions resulting from the success of a few Tribes in the conduct of gaming enterprises, Indians retain the dubious distinction of having the lowest per capita income of any identifiable group in the United States according to the 1990 Census. The per capita income of Indians averaged $8,328.00 compared to $15,687.00... |
1996 |