AuthorTitleCitationSummaryYear
Tom Kinney Chasing the Wind: Wyoming Supreme Court Decision in Big Horn Iii Denies Beneficial Use for Instream Flow Protection, but Empowers State to Administer Federal Indian Reserved Water Right Awarded to the Wind River Tribes 33 Natural Resources Journal 841 (Summer, 1993) The June 5, 1992 decision of the Wyoming Supreme Court in Big Horn III reversed a state district court determination that was favorable to the Wind River Tribes regarding use and administration of their federal Indian reserved water right. First, the state supreme court reversed the state district court determination that the Wind River Tribes... 1993
Peter S. Heinecke Chevron and the Canon Favoring Indians 60 University of Chicago Law Review 1015 (Summer/Fall, 1993) Since 1832, a basic tenet of Indian law has been that courts should interpret ambiguous treaties and statutes in favor of Native Americans. This canon is rooted in the notion of a wardship relation between the U.S. government and the Native American tribes which courts are bound to protect and foster. Over the years, the canon has consistently... 1993
Christopher S. Byrne Chilkat Indian Tribe V. Johnson and Nagpra: Have We Finally Recognized Communal Property Rights in Cultural Objects? 8 Journal of Environmental Law & Litigation 109 (1993) Primitive and aboriginal art has recently emerged as an important commodity worldwide among art dealers, collectors, and museums. Widespread commercial and museological interest in Native American art, however, has created manifold problems for tribal communities attempting to preserve their cultural heritage and autonomy. Though not all cultural... 1993
Robert Berry Civil Liberties Constraints on Tribal Sovereignty after the Indian Civil Rights Act of 1968 1 Journal of Law & Policy Pol'y 1 (1993) The Indian Civil Rights Act of 1968 provided a legislative answer to the question of whether, and to what extent, fundamental civil liberties recognized in constitutional law should constrain federally recognized Indian Tribes in the exercise of their sovereign powers. In enacting this law, Congress weighed its desire to protect individuals from... 1993
Robert Berry CIVIL LIBERTIES CONSTRAINTS ON TRIBAL SOVEREIGNTY AFTER THE INDIAN CIVIL RIGHTS ACT OF 1968 1 Journal of Law & Policy 1 (1993) The Indian Civil Rights Act of 1968 provided a legislative answer to the question of whether, and to what extent, fundamental civil liberties recognized in constitutional law should constrain federally recognized Indian Tribes in the exercise of their sovereign powers. In enacting this law, Congress weighed its desire to protect individuals from... 1993
Jana L. Walker , Kevin Gover Commercial Solid and Hazardous Waste Disposal Projects on Indian Lands 10 Yale Journal on Regulation 229 (Winter, 1993) Recently, the media has created a steady drumbeat of misinformed stories claiming that Indian tribes and reservations alone have been targeted by waste companies, and that the waste industry is marauding unchecked in Indian country immune from any environmental regulation. This article analyzes the controversial issue of using Indian reservations... 1993
Christopher A. Karns County of Yakima V. Confederated Tribes & Bands of the Yakima Indian Nation: State Taxation as a Means of Diminishing the Tribal Land Base 42 American University Law Review 1213 (Spring, 1993) Chief Justice Marshall observed in 1819 that the power to tax involves the power to destroy. It is precisely this power to tax that the Supreme Court recently held in County of Yakima v. Confederated Tribes & Bands of the Yakima Indian Nation to be vested in the states. By allowing states to impose an ad valorem tax on fee-patented lands owned by... 1993
Christopher A. Karns COUNTY OF YAKIMA v. CONFEDERATED TRIBES & BANDS OF THE YAKIMA INDIAN NATION: STATE TAXATION AS A MEANS OF DIMINISHING THE TRIBAL LAND BASE 42 American University Law Review 1213 (Spring, 1993) Chief Justice Marshall observed in 1819 that the power to tax involves the power to destroy. It is precisely this power to tax that the Supreme Court recently held in County of Yakima v. Confederated Tribes & Bands of the Yakima Indian Nation to be vested in the states. By allowing states to impose an ad valorem tax on fee-patented lands owned by... 1993
Antonia C. Novello Crazy Horse Malt Liquor Beverage: the Public Outcry to Save the Image of a Native American Hero 38 South Dakota Law Review 14 (1993) In March 1992, Ferolito, Vultaggio and Sons, doing business as Hornell Brewing Company of Brooklyn, New York, introduced a new malt liquor, Crazy Horse, named after the legendary chief of the Oglala Sioux. Depicting the profile of a Native American warrior in headdress and ancient medicine symbols on the front of a brown pint-sized forty-ounce... 1993
Raymond Cross De-federalizing American Indian Commerce: Toward a New Political Economy for Indian Country 16 Harvard Journal of Law & Public Policy 445 (Spring, 1993) Commercial relations between businesses and federally recognized American Indian tribes have long been regulated by a complex web of specific substantive and jurisdictional legal principles. These principles act as federally imposed transaction rules that exclude traditional principles of private commercial law from transactions involving... 1993
Patrick Macklem Distributing Sovereignty: Indian Nations and Equality of Peoples 45 Stanford Law Review 1311 (May, 1993) I. Introduction. 1312 II. Indian Government in North America. 1316 A. United States. 1317 B. Canada. 1320 C. Similarities. 1323 D. Racial or Political?. 1324 III. Indian Government and Prior Occupancy. 1327 A. The Relevance of Prior Occupancy. 1327 B. Prior Occupancy as Proxy. 1329 1. Immigration and consent. 1330 2. The role of treaties. 1331 3.... 1993
William P. Alford Don't Stop Thinking about . . . Yesterday: Why There Was No Indigenous Counterpart to Intellectual Property Law in Imperial China 7 Journal of Chinese Law L. 3 (Spring, 1993) The Master [Confucius] said: I transmit rather than create; I believe in and love the Ancients. The Analects of Confucius Book VII, Chapter 1 The notion that copyright arose soon after the advent of printing enjoys wide currency in the scholarly world. Chinese historians date copyright from the rise of printing during the Tang Dynasty (A.D.... 1993
Vicki J. Limas Employment Suits Against Indian Tribes: Balancing Sovereign Rights and Civil Rights 70 Denver University Law Review 359 (Centennial Volume, 1993) The proliferation of employment suits in state and federal court is mirrored in the courts of Indian tribes that employ people in tribal government and commercial enterprises. The employment relationship provides a fertile source of litigation in federal and state courts; not only is it heavily regulated by statute, but numerous common law theories... 1993
Vicki J. Limas EMPLOYMENT SUITS AGAINST INDIAN TRIBES: BALANCING SOVEREIGN RIGHTS AND CIVIL RIGHTS 70 Denver University Law Review 359 (Centennial Volume, 1993) The proliferation of employment suits in state and federal court is mirrored in the courts of Indian tribes that employ people in tribal government and commercial enterprises. The employment relationship provides a fertile source of litigation in federal and state courts; not only is it heavily regulated by statute, but numerous common law theories... 1993
Walter E. Stern Environmental Compliance Considerations for Developers of Indian Lands 28 Land and Water Law Review 77 (1993) I. Introduction II. Tribal Regulatory Power: Sources and Limitations A. Sources of Tribal Authority 1. Inherent Tribal Sovereignty 2. Treaties with the United States 3. Executive Orders 4. Congressionally Delegated Authority B. Limitations on Tribal Sovereign Powers 1. The Dependent Status of Indian Tribes 2. Comprehensive Federal Regulatory... 1993
Michelle Knapik Environmental Law--who Shall Administer Water Rights on the Wind River Reservation: Has Wyoming Halted an Environmentally Sound Indian Water Management System?--in re the General Adjudication of All Rights to Water in the Big Horn River System, 835 P.2d 2 12 Temple Environmental Law and Technology Journal 233 (Fall 1993) At the turn of the 17th century, an itinerant band of Indians, the Shoshones, freely roamed and hunted buffalo in what is now a region that comprises parts of Wyoming, Colorado and Utah. Explorers, traders and trappers began to infiltrate the region in the early 1800's. Neither group immediately infringed on the other's activities. However, in... 1993
Walter E. Stern Environmental Regulation on Indian Lands: a Business Perspective 7-SPG Natural Resources & Environment 20 (Spring, 1993) Regulation of environmental quality and natural resource development activities on Indian lands will significantly affect the quality of the reservation environment and the vigor of the reservation-based business community. While Indian tribes occupy a pivotal position in the environmental regulation of business activities on Indian lands, state... 1993
by Alex T. Skibine Everett R. Rhoades, Director of the Indian Health Service 1992-93 Preview of United States Supreme Court Cases 195 (2/5/1993) Pursuant to its obligations under treaties made with Indian tribes and many Acts of Congress, Congress appropriates funds to certain agencies for the benefit of Indians. One of those agencies is the Indian Health Service (IHS), an agency within the department of Health and Human Services (HHS). Starting in 1978, the IHS allocated $292,000 to a... 1993
Susanne Di Pietro Foreword to Native Law Selections: Recent Developments in Federal Indian Law as Applied to Native Alaskans 10 Alaska Law Review 333 (December, 1993) As this issue of the Alaska Law Review went to publication, the combination of two events had a significant impact on the resolution of Native Alaskan sovereign status. The first of these events was the Department of the Interior's January 11, 1993 issuance of a Solicitor's Opinion discussing the governmental jurisdiction of Alaska Native villages... 1993
Allison M. Dussias Geographically-based and Membership-based Views of Indian Tribal Sovereignty: the Supreme Court's Changing Vision 55 University of Pittsburgh Law Review Rev. 1 (Fall, 1993) C1-2Table of Contents I. The Cherokee Cases. 6 A. Cherokee Nation v. Georgia. 6 B. Worcester v. Georgia. 12 II. Geographically-based and Membership-based Sovereignty in Recent Supreme Court Cases. 17 A. Tribal Court Criminal Jurisdiction. 18 1. Tribal Court Criminal Jurisdiction Over Tribal Members. 21 2. Tribal Court Criminal Jurisdiction Over... 1993
Allison M. Dussias GEOGRAPHICALLY-BASED AND MEMBERSHIP-BASED VIEWS OF INDIAN TRIBAL SOVEREIGNTY: THE SUPREME COURT'S CHANGING VISION 55 University of Pittsburgh Law Review 1 (Fall, 1993) C1-2Table of Contents I. The Cherokee Cases. 6 A. Cherokee Nation v. Georgia. 6 B. Worcester v. Georgia. 12 II. Geographically-based and Membership-based Sovereignty in Recent Supreme Court Cases. 17 A. Tribal Court Criminal Jurisdiction. 18 1. Tribal Court Criminal Jurisdiction Over Tribal Members. 21 2. Tribal Court Criminal Jurisdiction Over... 1993
  Ii. Native Americans 23 Environmental Law 1059 (1993) 1. Beck v. United States Department of Commerce, 982 F.2d 1332 (9th Cir. 1992) The Marine Mammal Protection Act of 1972 (MMPA), imposes a moratorium on the taking of marine mammals, but allows limited exemptions for Alaskan Native takings. Alaskan Natives challenged the validity of two U.S. Fish and Wildlife Service regulations implementing the... 1993
Ivy N. Voss In the Best Interest: the Adoption of F.h., an Indian Child 8 BYU Journal of Public Law 151 (January, 1993) The competing interests of biological parents, adoptive parents, extended family, child welfare agencies, and the children themselves make adoption difficult under any circumstances. Even when all parties enter into the adoption intending to provide a secure home for the child there may be genuline, conflicting values and disagreement as to what... 1993
Kristen Chapin Indian Fishing Rights Activists in an Age of Controversy: the Case for an Individual Aboriginal Rights Defense 23 Environmental Law 971 (1993) Today, many Native Americans are challenging legal assumptions about the nature of Native fishing rights. In this Comment, the author argues that individual aboriginal fishing rights can provide some Native American fishing activists a legal defense against charges of illegal fishing. The author uses the case of Juanita Denny, a Warm Springs tribal... 1993
John H. Mcclanahan Indian Law-tribal Sovereignty-congress, Please Help Again-the Cheyenne River Sioux Tribe Cannot Regulate Hunting and Fishing Because the Non-indian Interest Controls. South Dakota V. Bourland, 113 S.ct. 2309 (1993). 29 Land and Water Law Review 505 (1993) Before 1988, both the Cheyenne River Sioux Tribe and the State of South Dakota had successfully negotiated the issue of regulatory authority over hunting and fishing activities on Cheyenne River Reservation lands, and had each enforced their respective game and fish regulations. However, a dispute arose between the State of South Dakota and the... 1993
Jeanette Jameson Indigenous People: an American Perspective on the Case for Entrenchment of Maori Rights in New Zealand Law 2 Pacific Rim Law & Policy Journal 345 (Summer, 1993) The 1840 Treaty of Waitangi, signed by representatives of the British Crown and Maori Tribes, created a partnership that allowed colonization of New Zealand while protecting the Maori culture. The Treaty was declared a nullity in an 1877 court decision, and Maori rights under the Treaty have yet to be fully realized. Since the beginning... 1993
Olivia Quittner Goldman , Reporter Indigenous Peoples and the Right to Self-determination 87 American Society of International Law Proceedings 190 (March/April, 1993) In the Year of Indigenous Peoples, what are the major international legal challenges confronting indigenous peoples? How should conflicts between the rights and needs of indigenous peoples and international objectives (such as environmental protection, fundamental human rights, and democratic ideals) be resolved? What are legal and political... 1993
Gretchen G. Biggs Is There Indian Country in Alaska? Forty-four Million Acres in Legal Limbo 64 University of Colorado Law Review 849 (1993) To the Alaska Natives, the land is their life; to the State of Alaska, it is a commodity to be bought and sold. Alaska Native families depend on the land [and the] waters for the food they eat, hunting, and fishing as they have done for thousands of years . . . . [O]nly if the Natives obtain title to a reasonable amount of their land will they... 1993
Charlotte Uram , Mary J. Decker Jurisdiction over Water Quality on Native American Lands 8 Journal of Natural Resources & Environmental Law L. 1 (1992/1993) Under both the Federal Water Pollution Control Act and the Safe Drinking Water Act, the United States Environmental Protection Agency (EPA) authorizes state governments to take the lead in implementing various programs to improve the water quality of lakes, rivers and streams in the United States. EPA routinely grants billions of dollars to these... 1993
Richard Herz Legal Protection for Indigenous Cultures: Sacred Sites and Communal Rights 79 Virginia Law Review 691 (April, 1993) Every people, even the very smallest, represents a unique facet of God's design. Aleksandr Solzhenitsyn Indigenous cultures throughout the world have faced eradication by discrimination, assimilation, genocide, and most recently, the accelerating pace of economic development. Nonmainstream cultural minorities are virtually always in a precarious... 1993
David N. Nelson Library of Congress Classification Schedule for Ancient and Medieval Indian Legal Literature 85 Law Library Journal 837 (Fall, 1993) Mr. Nelson illustrates how the new Library of Congress classification schedule Class KNS-KNU will be applied to the legal literature of ancient and medieval India. This important body of literature is already well developed and offers the opportunity for catalogers to apply the schedule to new materials and to recatalog previously unclassed... 1993
G.D. Crawford Looking Again at Tribal Jurisdiction: "Unwarranted Intrusions on Their Personal Liberty" 76 Marquette Law Review 401 (Winter, 1993) Abstract jurisdictional policies have created an uneasy reality in Indian country. After a fourteen-year-old child was killed by a shotgun blast within the Salt River Pima-Maricopa Indian Community, the United States Supreme Court, in Duro v. Reina, held that a tribal court no longer had the jurisdiction to try and punish an accused when the... 1993
G.D. Crawford LOOKING AGAIN AT TRIBAL JURISDICTION: "UNWARRANTED INTRUSIONS ON THEIR PERSONAL LIBERTY" 76 Marquette Law Review 401 (Winter, 1993) Abstract jurisdictional policies have created an uneasy reality in Indian country. After a fourteen-year-old child was killed by a shotgun blast within the Salt River Pima-Maricopa Indian Community, the United States Supreme Court, in Duro v. Reina, held that a tribal court no longer had the jurisdiction to try and punish an accused when the... 1993
Philip P. Frickey Marshalling past and Present: Colonialism, Constitutionalism, and Interpretation in Federal Indian Law 107 Harvard Law Review 381 (December, 1993) Federal Indian law is often dismissed as esoteric and incoherent. In this Article, Professor Frickey argues that this need not - and should not - be the case. Rather, he claims, federal Indian law represents the intersection of colonialism and constitutionalism in the American historical experience. As such, it is central to our understanding of... 1993
Kristine Olson Rogers Native American Collaboration in Cultural Resource Protection in the Columbia River Gorge National Scenic Area 17 Vermont Law Review 741 (Spring, 1993) The utmost good faith shall always be observed towards the Indians; their land and property shall never be taken from them without their consent; and in their property, rights and liberty, they never shall be invaded or disturbed, unless in just and lawful wars authorized by Congress; but laws founded in justice and humanity shall from time to time... 1993
Stephen D. Easton Native American Crime Victims Deserve Justice: a Response to Jensen and Rosenquist 69 North Dakota Law Review 939 (1993) Under the United States Code, the primary duty of the United States Attorney is to prosecute for all offenses against the United States, including major crimes in Indian country. Messrs. Jensen and Rosenquist would have the United States Attorney abdicate this responsibility by ignoring these major crimes, which include murder, manslaughter,... 1993
Alison McKinney Brown Native American Education: a System in Need of Reform 2-SPG Kansas Journal of Law & Public Policy 105 (Spring, 1993) The high school dropout rate for American Indians--estimated nationally at 45% to 50% but as high as 85% in the most depressed areas--is the worst such record of any major ethnicminority group. College-bound American Indian students continue to score significantly lower than average on both the math and verbal portions of the Scholastic Aptitude... 1993
Daniel J. Hurtado Native American Graves Protection and Repatriation Act: Does it Subject Museums to an Unconstitutional "Taking"? 6 Hofstra Property Law Journal L.J. 1 (Fall 1993) For nearly a century, Native Americans have struggled to reclaim from American museums the ancestral remains and cultural objects of which they have been dispossessed. For the most part, American courts have been unresponsive to such claims, and American museums, while cooperative in some instances, have generally been reluctant to repatriate... 1993
William Norman Native American Inmates and Prison Grooming Regulations: Today's Justified Scalps: Iron Eyes V. Henry 18 American Indian Law Review 191 (1993) With the rebirth of prisoners' rights over the past twenty-five years, prison grooming regulations frequently have been challenged in this nation's courts. Some cases have involved an inmate's right to privacy or the ability to control his own personal appearance. However, many adjudications have dealt with a prisoner's religious beliefs, more... 1993
Jeffrey S. Kinsler Native American Restricted Allotments: a Surviving Spouse's Elective Share Rights 20 Ohio Northern University Law Review 263 (1993) Nearly all states have laws that prohibit decedents from disinheriting their spouses. In these states, if a surviving spouse is disinherited, the spouse may renounce the will and elect to take a certain percentage of the decedent's estate. In Oklahoma and Nebraska, for instance, a surviving spouse may elect to take one-half of the decedent's estate... 1993
Isabella Timmermans Native American Self-determination as Affected by Educational Funding and its Sources 29 Idaho Law Review 185 (1992/1993) I. INTRODUCTION II. PROBLEMS LEADING TO THE EMERGENCE OF THE IDEAL OF SELF-DETERMINATION AS FEDERAL POLICY A. The Existence of Federal Trust Obligations to Educate Native Americans B. Examples of Federal Doctrines and Policies and Their Impact on Native American Life 1. Negative Policies and Impacts a. Termination Act b. General Allotment Act c.... 1993
Michael D. Lieder Navajo Dispute Resolution and Promissory Obligations: Continuity and Change in the Largest Native American Nation 18 American Indian Law Review Rev. 1 (1993) I. Introduction. 2 II. The Role of Law in the Transformation of Traditional Societies. 7 III. Traditional Navajo Society and Dispute Resolution. 10 A. Early History. 10 B. Kinship and Community. 13 C. Dispute Resolution. 15 D. Customs and Attitudes Concerning Disputes over Broken Promises and Economic Success. 18 IV. The Transformation of the... 1993
June Starr , Kenneth C. Hardy Not by Seeds Alone: the Biodiversity Treaty and the Role for Native Agriculture 12 Stanford Environmental Law Journal 85 (1993) We have to ask what kind of relationship can our advanced culture have with primitive nature and how can we nurture and be nurtured by nature? Maintaining and preserving the delicate balance of each ecosystem is central to any attempt to halt the ecological damage to our planet. As scientific studies reveal, balanced ecosystems do not develop... 1993
D. Faith Orlowski , Robbie Emery Burke Oklahoma Indian Titles 29 Tulsa Law Journal 361 (Winter, 1993) I. Introduction. 362 II. Indian Titles Derived Through the Five Civilized Tribes. 363 III. Indian Titles Derived Through the Osage Nation. 367 IV. Indian Titles Derived Through the General Allotment Act. 369 Recent Cases Under the General Allotment Act. 374 Appendix A. 376 Useful Research Materials. 376 Appendix B. 378 Summary of Primary Acts of... 1993
John W. Gillingham Pathfinder: Tribal, Federal, and State Court Subject Matter Jurisdictional Bounds: Suits Involving Native American Interests 18 American Indian Law Review 73 (1993) C1-3Table of Contents I. Introduction 76 II. Definitions, Overview Materials 80 A. Definitions. 80 1. Indian. 80 2. Indian Country. 81 3. Indian Tribe. 81 4. The Five Civilized Tribes. 82 B. Statistics; Population, Reservation Acreage, Major Tribes by State, etc.. 82 C. Treatises Addressing Policy and Jurisdictional Ramifications. 82 D. Casebooks.... 1993
Robert W. McGee Property Taxation of Indian Land after County of Yakima V. Confederated Tribes and Bands of the Yakima Nation 16 University of Puget Sound Law Review 1437 (Spring, 1993) In 1987, Yakima County, Washington, initiated foreclosure proceedings on properties belonging to the Yakima Indian Nation and its members. The county's foreclosure was precipitated by the property owners' failure to pay past due ad valorem and excise taxes. Despite vigorous arguments by the Yakima Nation, the United States, and the thirty-one... 1993
Jack F. Trope Protecting Native American Religious Freedom: the Legal, Historical, and Constitutional Basis for the Proposed Native American Free Exercise of Religion Act 20 New York University Review of Law and Social Change 373 (1993) Introduction I. The Nature of Traditional Native American Religions and Impediments to the Practice of Those Religions A. Sacred Sites 1. The Significance of Sacred Sites 2. Legal Protection of Sacred Sites Prior to Lyng v. Northwest Indian Cemeteries Ass'n 3. Lyng v. Northwest Indian Cemetery Protective Ass'n B. Sacramental Use of Peyote 1. The... 1993
Lester I. Yano Protection of the Ethnobiological Knowledge of Indigenous Peoples 41 UCLA Law Review 443 (December, 1993) Introduction I. Whose Knowledge Is It? II. Patent Law Applied to Ethnobiological Knowledge A. Statutory and Case Law Perspective 1. Products of Nature 2. New and Novelty Requirements 3. Nonobviousness Requirement 4. Utility Requirement B. Application of Case Law to Ethnobiological Knowledge 1. Products of Nature 2. Novelty Requirement 3.... 1993
Patricia Thompson Recognizing Sovereignty in Alaska Native Villages after the Passage of Ancsa 68 Washington Law Review 373 (April, 1993) The federal law principles of tribal sovereignty and Indian country define the parameters of tribal self-governance. In Alaska, however, federal and state courts remain divided on the issues of Alaska Native Village sovereignty and Indian country. This Comment examines the state and federal court treatment of these issues, and concludes... 1993
Robert N. Clinton Redressing the Legacy of Conquest: a Vision Quest for a Decolonized Federal Indian Law 46 Arkansas Law Review 77 (1993) [T]o most twentieth century Americans, the legacy of slavery was serious business, the legacy of conquest was not. Patricia Limerick As the nation celebrates the quintcentenary of the Columbus invasion of America, reconsideration is in order of the role law played in the Indian Holocaust that followed. From the time of first contact between the... 1993
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