| Author | Title | Citation | Summary | Year |
| Austin Abbott, New York |
Indians and the Law |
2 Harvard Law Review 167 (November 15, 1888) |
THE American student could select few single subjects the survey of which would bring under view a greater variety of important general principles, or afford more scope for forensic reasoning in the application of such principles, than the law relating to Indians. The progress of events has given additional interest at the present day to many of... |
1888 |
| Eric Wolpin |
Answering Lara's Call: May Congress Place Nonmember Indians Within Tribal Jurisdiction Without Running Afoul of Equal Protection or Due Process Requirements? |
8 University of Pennsylvania Journal of Constitutional Law 1071 |
Indians of various lineages and tribal memberships regularly participate in the social structure of an individual Indian reservation. Tribal authority to criminally prosecute nonmember Indians is therefore an important component of effective tribal self-governance. Before a tribe may assert jurisdiction over nonmember Indians according to federal... |
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| Tom Gede |
Criminal Jurisdiction of Indian Tribes: Should Non-indians Be Subject to Tribal Criminal Authority under Vawa? |
13 Engage: The Journal of the Federalist Society Practice Groups 40 |
Ever since the U.S. Supreme Court issued its 1978 decision in Oliphant v. Suquamish Tribe, holding that Indian tribes do not have inherent criminal jurisdiction over non-Indians, there has been a high level of demand that Congress overturn the decision through legislation. Scholarly literature, policy studies and political analysis have heavily... |
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Federal Jurisdiction Michigan |
41 No.8 Preview of United States Supreme Court Cases 344 |
Overview: The State of Michigan, petitioner, entered into a compact with respondent Bay Mills Indian Community pursuant to the Indian Gaming Regulatory Act (IGRA). See 25 U.S.C. § 2710(d)(1) (C). The compact authorizes Bay Mills to operate a casino on Indian lands located within the State's borders, but prohibits it from doing so outside that... |
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Lord & Taylor Settles with Ftc for Not Disclosing Native Ads |
21 No.4 Cyberspace Lawyer NL 4 |
Less than three months after the Federal Trade Commission issued its December 2015 Policy Statement and Business Guide on native advertising (Native Advertising Guidance),[ ] the Commission announced its first enforcement action and settlement in a native advertising case with department store chain Lord & Taylor. The action stems from a highly... |
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| William S. Richardson, School of Law University of Hawai‘i at Manoa, Honolulu Hawai‘i |
Native Prospects: Symposium on Challenges Facing the Hawaiian Community Today |
4 Asian-Pacific Law and Policy Journal 598 |
This symposium, a collaboration between the Asian-Pacific Law & Policy Journal (APLPJ) and Aha Hui O Hawaii (the Native Hawaiian Law Student Association), marks the second such event in as many years. While last year's symposium examined the U.S. Supreme Court's Rice v. Cayetano decision, this year we chose to focus on a broad spectrum of issues... |
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| Brian Duus |
Reconciliation Between the United States and Native Hawaiians: the Duty of the United States to Recognize a Native Hawaiian Nation and Settle the Ceded Lands Dispute |
4 Asian-Pacific Law and Policy Journal 469 |
A. The Legal Framework of Federal Recognition B. Land Base of a Native Hawaiian Nation Consisting of Ceded Lands 1. Initial provisions for a land base 2. History of the ceded lands A. Federal Recognition of the Native Hawaiian Government is Constitutional 1. Congress has the power to treat Native Hawaiians the same as Indian Tribes 2. The... |
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| Hope M. Babcock |
Reserved Indian Water Rights in Riparian Jurisdictions: Water, Water Everywhere, Perhaps Some Drops for Us |
91 Cornell Law Review 1203 |
In this Article, the author explores the question of whether nonfederally recognized eastern Indian tribes can claim reserved tribal rights to water under the Winters doctrine. The urgency of resolving this question in the tribes' favor is underscored by the mounting problem of water scarcity in the East, where most such tribes live, and the... |
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| Scott D. Delacourt, Kathleen A. Kirby, Umair Javed |
The Ftc Provides Guidance on Native Advertising and Tips its Hand at Enforcement |
62 No.2 Practical Lawyer 31 |
Interest in native advertising is growing because of its demonstrated results in attracting and engaging consumers. In addition to providing a more seamless experience, this type of advertising has proven effective, drawing higher click rates than traditional forms of advertising, particularly on mobile devices. Largely for this reason, spending on... |
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| Ming-Hsi Sung |
When Would the Indigenous Be Indigenous? A Self-defining, Interest-isolated, Multiculturalistic Approach to Facilitate Recognition of the Taiwanese Ping-pu |
5 Asian-Pacific Law and Policy Journal J. 4 |
A. The Mashpee CaseThe Absurdity of Adopting Objectivism B. Ethnic Identification/Recognition in China: The Abuse of a Subjectivistic Approach C. The Métis CasePolitical Compromise in Recognizing a Mix-blood Ethnic Group by Treating Status Recognition and Affirmative Benefits Separately D. Lessons from International Experiences Objective traits... |
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