| Author | Title | Citation | Summary | Year |
| Gary C. Randall , Katti Telstad |
Community Property Rules or American Indian Tribal Law -- Which Prevails? |
31 Idaho Law Review 1071 (1995) |
This land is my land, This land is your land . . . (Title To This Land is Very Confused) I. INTRODUCTION. 1071 II. GENERAL APPLICATION OF COMMUNITY PROPERTY RULES. 1072 III. PUBLIC LAW 280 STATES. 1075 IV. WHO DECIDES IF PUBLIC LAW 280 APPLIES?. 1083 V. COMMUNITY PROPERTY PRINCIPLES. 1084 VI. NON-PUBLIC LAW 280 STATES. 1085 VII. CONCLUSION. 1085... |
1995 |
| Jeremy David Sacks |
Culture, Cash or Calories: Interpreting Alaska Native Subsistence Rights |
12 Alaska Law Review 247 (12/1/1995) |
This Article examines the cultural basis for subsistence laws in Alaska and argues that it is inappropriate. After describing two conflicting definitions of the term subsistence, the Article then provides an overview of the history of the federal government's treatment of Alaska Natives. Next, the Article analyzes provisions of both federal and... |
1995 |
| James M. Grijalva, Robert Laurence, N. Bruce Duthu, Frank Pommersheim, Alexander Skibine |
Diminishment of Indian Reservations: Legislative or Judicial Fiat? |
71 North Dakota Law Review 415 (1995) |
MR. GRIJALVA: Thank you to all the hearty souls who came here at four o'clock and stayed thereafter. This is the Diminishment of Indian Reservations panel, and it starts to address more directly some of the issues that raise or at least provide the foundation for the panels you heard this morning. Most of the body of federal Indian law stems out of... |
1995 |
| Patti Alleva, Lynn Slade, Robert Clinton, Phillip Wm. Lear, Frank Pommersheim, Laurie Reynolds, Alexander Skibine |
Dispute Resolution in Indian Country: Does Abstention Make the Heart Grow Fonder? |
71 North Dakota Law Review 541 (1995) |
MS. ALLEVA: I come to this conference, and particularly to this distinguished panel, with great humility as a new student of Indian law. Obvious, I think, to both old and newcomers to the area is that the study of abstention, like a treasure chest key, unlocks a rich collection of questions concerning political autonomy, sovereign prerogative, and... |
1995 |
| Lynn H. Slade |
Dispute Resolution in Indian Country: Harmonizing National Farmers Union, Iowa Mutual, and the Abstention Doctrine in the Federal Courts |
71 North Dakota Law Review 519 (1995) |
Which sovereign's court will decide a case is a question that implicates both power and prerogative. Sovereigns exert power when their courts decide cases, and, particularly when the parties contest a government's jurisdiction over a matter, which court system will have priority may materially affect the balance of power between governments. But... |
1995 |
| Gloria Valencia-Weber , Christine P. Zuni |
Domestic Violence and Tribal Protection of Indigenous Women in the United States |
69 Saint John's Law Review 69 |
The essential Navajo value is that while men and women are distinct, they relate as complementary equals. That kind of relationship creates, or should create, an environment that views violence toward women as deviant behavior. Under Navajo common law, violence toward women, or mistreatment of them in any way, is illegal. A man who battered his... |
1995 |
| Walter E. Stern, Lynn H. Slade |
Effects of Historic and Cultural Resources and Indian Religious Freedom on Public Lands Development: a Practical Primer |
35 Natural Resources Journal 133 (Winter, 1995) |
Management of cultural resources and historic properties located on public and Indian land is of increasing importance to federal tribal land managers and persons interested in the use or development of those lands. This paper examines the host of cultural resources management statutes affecting federal and Indian lands, including the National... |
1995 |
| Autumn Gray |
Effects of the American Indian Religious Freedom Act Amendments on Criminal Law: Will Peyotism Eat Away at the Controlled Substances Act? |
22 American Journal of Criminal Law 769 (Spring, 1995) |
I. Introduction . 770 II. Peyotism . 772 A. History . 772 B. The Native American Church: Assimilation of Peyotism into Modern America . 774 III. AIRFAA And Conflicts With Criminal Laws . 775 A. Membership in the NAC: Applying AIRFAA . 775 B. Peyote Possession/Use by Non-Native Americans . 778 C. A Slippery Slope: Non-Native American Peyote... |
1995 |
| Dr. Erica-Irene A. Daes |
Equality of Indigenous Peoples under the Auspicies of the United Nations-draft Declaration on the Rights of Indigenous Peoples |
7 St. Thomas Law Review 493 (Summer, 1995) |
The United Nations Draft Declaration on the Rights of Indigenous Peoples constitutes the most important development concerning the protection of the basic rights and fundamental freedoms of Indigenous Peoples. This important document was adopted by the United Nations Working Group on Indigenous Populations and its parent body the Subcommission on... |
1995 |
| Dan Mcgovern |
Excerpts from the Campo Indian Landfill War: the Fight for Gold in California's Garbage |
14 Stanford Environmental Law Journal 375 (May, 1995) |
The editors of the Stanford Environmental Law Journal are pleased to share with our readers two chapters from The Campo Indian Landfill War: The Fight for Gold in California's Garbage , a new book by Dan McGovern, a former Regional Administrator of the United States Environmental Protection Agency region that includes California. Mr. McGovern's... |
1995 |
| Dan Mcgovern |
Excerpts from the Campo Indian Landfill War: the Fight for Gold in California's Garbage |
14 Stanford Environmental Law Journal 401 (May, 1995) |
Two months after George Deukmejian vetoed AB 3477, Pete Wilson was inaugurated as governor of California. Less than two weeks after that, Steve Peace reintroduced his bill, which in the new legislative session was given the number AB 240. Donna Tisdale says that Peace did not have to be persuaded to resume the fight; he was very gung ho about it.... |
1995 |
| Christopher A. Ford |
Executive Prerogatives in Federal Indian Jurisprudence: the Constitutional Law of Tribal Recognition |
73 Denver University Law Review 141 (1995) |
When is an Indian tribe an Indian tribe? Just as importantly, who may make this decision? Jurisprudentially, such questions are quite significant, since Native American tribal institutions occupy a unique place in American juris prudence. When an Indian group is declared to be an Indian tribe for purposes of federal law, dramatic legal consequences... |
1995 |
| Christopher A. Ford |
EXECUTIVE PREROGATIVES IN FEDERAL INDIAN JURISPRUDENCE: THE CONSTITUTIONAL LAW OF TRIBAL RECOGNITION |
73 Denver University Law Review 141 (1995) |
When is an Indian tribe an Indian tribe? Just as importantly, who may make this decision? Jurisprudentially, such questions are quite significant, since Native American tribal institutions occupy a unique place in American juris prudence. When an Indian group is declared to be an Indian tribe for purposes of federal law, dramatic legal consequences... |
1995 |
| Helen M. Kemp |
Fallen Timber: a Proposal for the National Labor Relations Board to Assert Jurisdiction over Indian-owned and Controlled Businesses on Tribal Reservations |
17 Western New England Law Review Rev. 1 (1995) |
In 1937, Congress passed the National Labor Relations Act (NLRA or Act) to protect the exercise by workers of full freedom of association, self-organization, and designation of representatives of their own choosing, for the purpose of negotiating the terms and conditions of their employment or other mutual aid or protection. The NLRA does not... |
1995 |
| Lauralyn Brown |
Federal Courts--indians: Can Congress Constitutionally Abrogate States' Eleventh Amendment Sovereign Immunity from Suits Initiated by Indian Tribes? |
71 North Dakota Law Review 601 (1995) |
This Eleventh Circuit decision represents a consolidation of two separate district court decisions which reached opposite conclusions on the same issue. In the Florida case, Seminole Tribe of Florida v. Florida, the Tribe filed a complaint alleging that the state did not respond to the tribe's request for compact negotiations as required by the... |
1995 |
| David Barkhymer |
Firms Target Native-american Growth with Broad 'Indian Law' |
14 20 Of Counsel 12 (10/16/1995) |
It's one of the fascinations of an ever-changing legal marketplace that new work can come from unexpected sources. In an environment where that new work can be hard to get, unexplored potential sources are more important than ever, and could even represent tomorrow's mainstream practice. Cases in point are firms that have targeted Native Americans... |
1995 |
| Sharon L. O'Brien |
Freedom of Religion in Indian Country |
56 Montana Law Review 451 (Summer 1995) |
The Supreme Court's opinions in Lyng v. Northwest Indian Cemetery Protective Ass'n. and Employment Division v. Smith dealt devastating blows to Indian religious rights and their assumed protection under the First Amendment. In terms of historical precedent, the decisions were not surprising. The United States has a history of overt and covert... |
1995 |
| By Mary Christina Wood |
Fulfilling the Executive's Trust Responsibility Toward the Native Nations on Environmental Issues: a Partial Critique of the Clinton Administration's Promises and Performance |
25 Environmental Law 733 (Summer 1995) |
This Article provides a partial critique of the Clinton Administration's emerging policies to accommodate native interests in the implementation of environmental and natural resource laws. It focuses on the Administration's implementation of the Endangered Species Act in the Columbia River Basin as a case study to illustrate the need for... |
1995 |
| Richard A. Monette |
Governing Private Property in Indian Country; the Double-edged Sword of the Trust Relationship and Trust Responsibility Arising out of Early Supreme Court Opinions and the General Allotment Act |
25 New Mexico Law Review 35 (Winter, 1995) |
You own the stars? Yes. But I have seen a king who Kings do not own, they reign over. It is a very different matter. Indian Tribes should not own title to property. Why not? Because individuals own title to property; sovereigns hold dominion over territory. Individuals are subject to sovereigns; property is a subset of territory.... |
1995 |
| Allison M. Dussias |
Heeding the Demands of Justice: Justice Blackmun's Indian Law Opinions |
71 North Dakota Law Review 41 (1995) |
I. INTRODUCTION. 43 II. JUSTICE BLACKMUN'S INDIAN LAW OPINIONS. 45 A. Reservations, Allotment, and Termination. 45 1. Analysis of the Opinions. 45 a. Affiliated Ute Citizens of Utah v. United States. 45 b. Mattz v. Arnett. 48 c. Morton v. Ruiz. 51 d. Northern Cheyenne Tribe v. Hollowbreast. 53 e. United States v. Clarke. 54 f. United States v.... |
1995 |
| Reviewed by N. Bruce Duthu |
Holding a Great Vision: Engaging the Jurisprudential Voice of Tribal Courts |
71 North Dakota Law Review 1129 (1995) |
Frank Pommersheim's book, Braid of Feathers: American Indian Law and Contemporary Tribal Life (1995), fills a critical gap in the modern literature on tribal governments by offering an inside-out view from the grassroots, reservation level rather than the traditional top-down view that permeates most Indian law writing. The preponderance of the... |
1995 |
| Keller George |
Housing Hurdles: Experiences of the Oneida Indian Nation |
7 St. Thomas Law Review 461 (Summer, 1995) |
A problem facing the Indian today is suitable housing and the ability to own it. In response to this problem, our Tribe set up its own Housing Authority in January of 1991. It is a sovereign housing authority, created through our Nation by resolution. I think we were one of the first ones to change the so-called model resolution that the Indian... |
1995 |
| Dean B. Suagee, Assistant Editor |
Human Rights and Environmental Protection in Indian Country |
9-SPG Natural Resources & Environment 74 (Spring, 1995) |
In recent years the U.S. Environmental Protection Agency (EPA) has taken some significant steps in the direction of helping Indian tribal governments develop and carry out regulatory programs within the overall framework of federal environmental laws. In taking these steps, EPA has followed a course charted in its 1984 policy statement on the... |
1995 |
| Lynda Frost |
Human Rights Education Programs for Indigenous Peoples: Teaching Whose Human Rights? |
7 St. Thomas Law Review 699 (Summer, 1995) |
During the difficult decades of the 1970s and 1980s, human rights organizations (HROs), especially nongovernmental HROs, flourished in the Americas. The HROs directed their attention and resources toward documenting and denouncing the numerous and flagrant violations of human rights occurring in the region. More recently the HROs found, partly... |
1995 |
| Thomas David Jones |
Human Rights: Freedom of Expression and Group Defamation under British, Canadian, Indian, Nigerian and United States Law - a Comparative Analysis |
18 Suffolk Transnational Law Review 427 (Summer 1995) |
(F)reedom of speech and of the press is only a human idea and is incapable of exact expression. It is an innate, instinctive desire of man for the right of self-expression and for the right to commune freely with his fellow men. This desire is a natural one and hence this freedom is a natural right. Some have described it as inalienable,... |
1995 |
| Dorothy E. Graham |
Indian Affairs - Tribal Regulatory Authority - |
18 Suffolk Transnational Law Review 405 (Winter 1995) |
Indian nations maintain power over themselves and their territory through both inherent and treaty-based authority. Whether tribes additionally have the power to regulate non- Indian conduct within the reservation is still in debate. In South Dakota v. Bourland, the United States Supreme Court considered whether the Cheyenne River Sioux Tribe (the... |
1995 |
| Sherri L. Burr |
Indian Culture and Spirituality: Some Reflections on the Shaping and Sharing of Cultural Values |
7 St. Thomas Law Review 473 (Summer, 1995) |
I am pleased to introduce the beauty and uniqueness of Indian culture by reviewing conflicts over American Indian cultural objects. There is clearly an internal appreciation of Indian culture by Indians themselves. Indians demonstrate pride in the manner in which they wear their jewelry and other cultural objects, and in their willingness to... |
1995 |
| Joseph M. Kelly |
Indian Gaming Law |
43 Drake Law Review 501 (1995) |
Indian gaming has resulted in numerous lawsuits much to the consternation of the federal bench. This case calls upon me to become a gaming master and, as part of that task, to distinguish why gambling can be a godsend for the Grand Ronde, an economic boon for the Cow Creek and Coquille, but seriously detrimental, if not fatal, for the Siletz... |
1995 |
| Richard L. Barnes |
Indian Gaming: Congress Sends the Tribes into a Constitutional Fray, but Did it Intend To? |
64 Mississippi Law Journal 591 (Winter, 1995) |
Mississippi has managed to avoid a federal/state war. At its heart, the conflict over Indian gaming is a conflict over the power to regulate. From the federal perspective, Indian gaming is a matter of tribal sovereignty and national commerce of constitutional proportions. From the state perspective, it represents a loss of control over an... |
1995 |
| John J. Bolton |
Indian Gaming--the First Circuit Interprets the Indian Gaming Regulatory Act: Rhode Island V. Narragansett Indian Tribe |
25 New Mexico Law Review 109 (Winter, 1995) |
Gambling in the United States is big business. In the past decade, annual gross revenues from the gambling industry have grown from less than $14 billion to more than $30 billion. Indian gaming is fast becoming a large part of this industry, accounting for $6 billion a year. Accompanying the growth of Indian gaming is conflict over its future. In... |
1995 |
| Susan J. Ferrell |
Indian Housing: the Fourth Decade |
7 St. Thomas Law Review 445 (Summer, 1995) |
Home. The Hearth. Our homes provide the safe place where we share our lives, our struggles, our triumphs, our learning, our laughter and our tears. At our hearth we celebrate and acknowledge the joyous and tragic places we encounter upon our paths of life. The image of family and loved ones gathered for a meal, illuminated by a crackling fire,... |
1995 |
| María Teresa Sierra |
Indian Rights and Customary Law in Mexico: a Study of the Nahuas in the Sierra De Puebla |
29 Law and Society Review 227 (1995) |
Based on the findings of a research project in a Nahua Indian area of central Mexico, this article focuses on the relationship between customary law and state law in the context of the administration of justice by and toward Indians. By showing how customary and state law interact and conflict in the everyday life of Indian people, it questions the... |
1995 |
| Ada Pecos Melton |
Indigenous Justice Systems and Tribal Society |
79 Judicature 126 (November-December 1995) |
Indigenous justice systems are based on a holistic philosophy. Law is a way of life, and justice is a part of the life process. In many contemporary tribal communities, dual justice systems exist. One is based on what can be called an American paradigm of justice, and the other is based on what can be called an indigenous paradigm. The American... |
1995 |
| Michael J. Huft |
Indigenous Peoples and Drug Discovery Research: a Question of Intellectual Property Rights |
89 Northwestern University Law Review 1678 (Summer 1995) |
I. Introduction . 1679 II. Historical Development of Proposals to Apply Intellectual Property Rights to the Exploration for Plant-Derived Drugs . 1684 A. Origins of the Idea of Compensation for Use of Genetic Resources Among Agricultural Scientists . 1686 B. Intellectual Property Rights and Compensation in the Development of Plant-Derived Drugs:... |
1995 |
| Steven C. Perkins |
Indigenous Peoples and International Organizations: Issues and Responses |
23 International Journal of Legal Information 217 (Winter, 1995) |
This article will discuss indigenous peoples' rights under international law and the responses of international organizations to indigenous peoples . It will first define the concept of indigenous peoples, review the history of European contact, and identify some issues of concern. It will then review the response of international governmental... |
1995 |
| Dr. Cynthia Price Cohen |
International Protection of the Rights of the Indigenous Child |
7 St. Thomas Law Review 557 (Summer, 1995) |
I was delighted when I heard a tribal leader on an earlier panel speak about the past not as the olden times, but as the younger times. He said that when you look back on the past, that is the time when everyone was younger. I found his characterization of the younger times as a time of purity and innocence to be very engaging, especially... |
1995 |
| Sidney M. Wolf |
Killing the New Buffalo: State Eleventh Amendment Defense to Enforcement of Igra Indian Gaming Compacts |
47 Washington University Journal of Urban and Contemporary Law 51 (Winter, 1995) |
In 1987, the U.S. Supreme Court in California v. Cabazon Band of Mission Indians ruled that Indian tribes have exclusive authority to control gaming on their reservations. The Cabazon decision ensured tribes freedom from state interference with gaming enterprises run on Indian lands. The following year, Congress responded to Cabazon by enacting the... |
1995 |
| John Warren Kindt |
Legalized Gambling Activities as Subsidized by Taxpayers |
48 Arkansas Law Review 889 (1995) |
In their attempts to win public acceptance, legalization by state legislatures, and approval by local governments, gambling interests typically promise that once gambling activities are legalized, new tax revenues will be generated for various government units eager for new sources of funds. When these promises are combined with projections for... |
1995 |
| Mark C. Wenzel |
Let the Chips Fall Where They May: the Spokane Indian Tribe's Decision to Proceed with Casino Gambling Without a State Compact |
30 Gonzaga Law Review 467 (1994-1995) |
[W]hen Indian Communities Are Faced with Only One Option for Economic Development, and That Is to Set Up Gambling on Their Reservations, Then I Cannot Disapprove of Those Gambling Operations. I. Introduction . 467 II. The Controversy and Cases Involving the Gaming Issue Dispute Between the Spokane Indian Tribe and the State of Washington . 469 III.... |
1995 |
| Krista L. Twesme |
Let the Games Begin: Proposed Amendment to Indian Gaming Regulation Act Limiting Native American Tribes' Sovereign Immunity |
17 Hamline Journal of Public Law and Policy 187 (Fall, 1995) |
The notion that Native American tribes should be treated as sovereign nations within the United States was explored and developed by Chief Justice John Marshall in what has since been dubbed the Marshall Trilogy. The importance of the Marshall Trilogy has not waned over the years; to the contrary, modern cases continue to cite language from these... |
1995 |
| P.S. Deloria, Phillip Wm. Lear, Blake D. Miller, Robert Laurence and Lynn Slade |
Litigating an Indian Jurisdiction Case: Where must You Go First? |
71 North Dakota Law Review 313 (1995) |
MR. DELORIA: Our first panel is going to be looking at hard questions about litigating, such as where you have to litigate and some of the consequences. There are practical consequences of being forced to litigate in tribal court--the bewildering experience of thinking you have everything lined up and then finding out somewhat at the last minute... |
1995 |
| Judith Resnik |
Multiple Sovereignties: Indian Tribes, States, and the Federal Government |
79 Judicature 118 (November-December 1995) |
Although often unrecognized, three entities within the territory that constitutes the United States--Indian tribes, states, and the federal government--have forms of sovereignty. The rich and complex relationships among these three sovereignties need to become integrated into the discussion and law of federalism. Federal law about Indian tribes... |
1995 |
| Major Ayres |
Native American Graves Protection and Repatriation Act Compliance Deadline |
1995-OCT Army Lawyer 24 (October, 1995) |
Section 5 of the Native American Graves Protection and Repatriation Act requires federal agencies to complete an item-by-item inventory of human remains and associated funerary objects by 16 November 1995. The inventory must be completed in consultation with Native American leaders. The appropriate Native American tribe must be notified and... |
1995 |
| Daniel J. Trainor |
Native American Mascots, Schools, and the Title Vi Hostile Environment Analysis |
1995 University of Illinois Law Review 971 (1995) |
The use of Native American athletic mascots on school campuses has been the focus of increasing controversy and protest. In response, the U.S. Department of Education has begun investigating whether schools' use of Native American mascots violates the civil rights of Native American students by creating a hostile environment. This note examines... |
1995 |
| Steve McKinney |
Native American Natural Resources |
9-SPG Natural Resources & Environment 63 (Spring, 1995) |
Royster, J.V., A Primer on Indian Water Rights: More Questions Than Answers, 30 Tulsa Law Journal 61 (1994). Judith Royster's article is titled too modestly, masking the excellent illumination she provides on the principles and issues central to this relatively unique area of law. Yes, the article is a primer covering the basics with a... |
1995 |
| C.E. Willoughby |
Native American Sovereignty Takes a Back Seat to the "Pig in the Parlor:" the Redefining of Tribal Sovereignty in Traditional Property Law Terms |
19 Southern Illinois University Law Journal 593 (Spring, 1995) |
As stated by the late scholar of Native American law, Felix S. Cohen, the fight for tribal sovereignty is of central importance to us all: Our interest in Indian self-government today is not the interest of sentimentalists or antiquarians. We have a vital concern with Indian self-government because the Indian is to America what the Jew was to the... |
1995 |
| C.E. Willoughby |
NATIVE AMERICAN SOVEREIGNTY TAKES A BACK SEAT TO THE "PIG IN THE PARLOR:" THE REDEFINING OF TRIBAL SOVEREIGNTY IN TRADITIONAL PROPERTY LAW TERMS |
19 Southern Illinois University Law Journal 593 (Spring, 1995) |
As stated by the late scholar of Native American law, Felix S. Cohen, the fight for tribal sovereignty is of central importance to us all: Our interest in Indian self-government today is not the interest of sentimentalists or antiquarians. We have a vital concern with Indian self-government because the Indian is to America what the Jew was to the... |
1995 |
| Dana Johnson |
Native American Treaty Rights to Scarce Natural Resources |
43 UCLA Law Review 547 (12/1/1995) |
Introduction. 548 I. Court Decisions Precipitating Fishing Vessel. 552 A. Access to Treaty-Secured Wildlife Resources. 552 B. State Regulation of Treaty Rights. 554 II. Fishing Vessel. 556 A. The Underlying Dispute. 557 B. Phase I -- The Boldt Decision. 558 1. Resolution of the Question Whether the Treaties Guarantee Access or Allocation. 558 2.... |
1995 |
| Noelle M. Kahanu , Jon M. Van Dyke |
Native Hawaiian Entitlement to Sovereignty: an Overview |
17 University of Hawaii Law Review 427 (Fall, 1995) |
The indwelling yearning for sovereignty among the Hawaiian people burst forth in 1993 -- 100 years after the illegal overthrow of the Kingdom of Hawaii -- with a cacophonous display of demonstrations, protests, demands, and legislative proposals. A process is now underway to reestablish an autonomous Hawaiian nation, and it appears likely that a... |
1995 |
| John Skinner |
Native People, Foreign Laws: a Survey Comparing Aboriginal Title to Property in the United States and Australia |
19 Suffolk Transnational Law Review 235 (Winter, 1995) |
During the past two decades, the global community's attention has increasingly focused on the value of protecting the natural environment. Coincident with this focus has been an increased awareness of indigenous people's rights. This increased awareness has resulted from recognizing the environment as an integral part of indigenous people's lives.... |
1995 |