| Author | Title | Citation | Summary | Year |
| M.T.C. Cronin |
The Natives Came Bearing Gifts |
17 Harvard Women's Law Journal 222 (Spring, 1994) |
Rosario Baluyot Posthumously famous Ten years old Eyes blue as eyeshadow Raw mouth Split like a tomato Body not cooked Breasts just starting to rise No clothes Maria at her throat Mickey Mouse socks In a handbag Four stitches in a cut Between her eyes A broken vibrator Buzzy baby Rammed up Between her legs Still alive after two daylights Curio... |
1994 |
| Alexandra Kersey |
The Nunavut Agreement: a Model for Preserving Indigenous Rights |
11 Arizona Journal of International & Comparative Law 429 (1994) |
No other land claim has involved creating a new territory with our own government. It is a victory. We've achieved what other aboriginal people can only dream about. -John Amagoalik, Inuit Leader On May 25, 1993, Canadian Prime Minister Brian Mulroney and Inuit tribal leaders signed the Nunavut Land Claim Agreement, an historic indigenous land... |
1994 |
| Lauren Natasha Soll |
The Only Good Indian Reservation Is a Diminsished Reservation? |
41 Federal Bar News & Journal 544 (September, 1994) |
In February 1994, the Supreme Court issued an opinion in Hagen v. Utah that marks a significant, though somewhat subtle, departure from established Indian jurisprudence. It is well-settled that, pursuant to the Indian Commerce Clause and its special relationship with Indian tribes, Congress possesses plenary authority over Indian affairs. Pursuant... |
1994 |
| Vincent C. Milani |
The Right to Counsel in Native American Tribal Courts: Tribal Sovereignty and Congressional Control |
31 American Criminal Law Review 1279 (Summer, 1994) |
I. Introduction. 1279 II. Background. 1280 A. History of Tribal Courts. 1280 B. Modern Tribal Courts. 1282 1. Nature of Tribal Courts. 1282 2. Tribal Court Criminal Jurisdiction. 1283 3. The Right to Counsel in Tribal Courts. 1284 C. Role of Federal Courts in Tribal Judicial Systems. 1285 1. Federal Court Original Jurisdiction. 1285 2.... |
1994 |
| Christine Zuni |
The Southwest Intertribal Court of Appeals |
24 New Mexico Law Review 309 (Spring, 1994) |
The Southwest Intertribal Court of Appeals (SWITCA) serves tribal governments and tribal court systems by providing an impartial forum for the review of tribal court decisions. A specific grant of jurisdiction from each participating tribal government determines the type of cases to be heard and the type of appellate review to be exercised by... |
1994 |
| Stephen M. Feldman |
The Supreme Court's New Sovereign Immunity Doctrine and the Mccarran Amendment: Toward Ending State Adjudication of Indian Water Rights |
18 Harvard Environmental Law Review 433 (1994) |
Mark Twain once said that water, taken in moderation, cannot hurt anybody. Taking water from the land, however, even in moderation, may prove terribly damaging to the land itself and those who subsist on it. Water is the lifeblood of the land and consequently the lifeblood of civilization. This truth is nowhere more self-evident than in the arid... |
1994 |
| Michael M. Pacheco |
Toward a Truer Sense of Sovereignty: Fiduciary Duty in Indian Corporations |
39 South Dakota Law Review 49 (1994) |
Federal Indian law ought to be praised for inspiring the Indians' faith in the law but cursed for betraying the believer. The number of Indian corporations is on the rise, and more and more American Indians are becoming part of the corporate world. Today's Indians fight their battles in corporate boardrooms and law offices as tribes endeavor to... |
1994 |
| Ellen P. Aprill |
Tribal Bonds: Indian Sovereignty and the Tax Legislative Process |
46 Administrative Law Review 333 (Summer, 1994) |
I. Background: IRS Rulings II. Congressional Action 1975 to 1982 A. Legislative Proposals B. Bonding Authority Under the Tribal Tax Act C. Statutory Ambiguity and Its Uses III. IRS Response to the Tribal Tax Act A. Development of the Regulations B. Administrative Discretion, Legislative History, and Regulatory Bias IV. Consequences of the... |
1994 |
| Gloria Valencia-Weber |
Tribal Courts: Custom and Innovative Law |
24 New Mexico Law Review 225 (Spring, 1994) |
INTRODUCTION. 225 I. THE PERSISTING THIRD SOVEREIGN. 227 A. The Indigenous Third Sovereign. 227 B. Federal and State Relationships With Tribes. 230 II. TRIBAL COURTS, CUSTOM, AND COMMON LAW. 231 A. Tribal Courts. 231 B. The Legitimacy of Tribal Courts. 237 C. Custom and Indian Law. 244 D. Custom in Indian Law Decisions. 249 1. Selected Tribal Court... |
1994 |
| Gloria Valencia-Weber |
TRIBAL COURTS: CUSTOM AND INNOVATIVE LAW |
24 New Mexico Law Review 225 (Spring, 1994) |
INTRODUCTION. 225 I. THE PERSISTING THIRD SOVEREIGN. 227 A. The Indigenous Third Sovereign. 227 B. Federal and State Relationships With Tribes. 230 II. TRIBAL COURTS, CUSTOM, AND COMMON LAW. 231 A. Tribal Courts. 231 B. The Legitimacy of Tribal Courts. 237 C. Custom and Indian Law. 244 D. Custom in Indian Law Decisions. 249 1. Selected Tribal Court... |
1994 |
| Dean B. Suagee |
Turtle's War Party: an Indian Allegory on Environmental Justice |
9 Journal of Environmental Law & Litigation 461 (1994) |
Once, a long time ago, Turtle organized a war party against the Human Beings. As he was paddling his canoe down the river, he chanced upon Bear, who asked him where he was going. Turtle said that he was going to make war on the Human Beings, the ones that call themselves the Haudenosaunee (who are more commonly known now as the Iroquois). In... |
1994 |
| Peter W. Sly, Payne, Thompson, Walker & Taaffe, San Francisco |
Water Quality and Indian Law |
8-SPG Natural Resources & Environment 71 (Spring, 1994) |
In Albuquerque v. Browner, No. 93-82 (D.N.M. Oct. 21, 1993), the City of Albuquerque lost an effort to overturn EPA approval of Isleta Pueblo's Water Quality Standards (WQS). This is the first decision concerning treatment of tribes as states (TAS) under the 1987 amendments to the Clean Water Act (CWA), 33 U.S.C. 1377. The decision raises... |
1994 |
| Thomas S. O'Connor |
We Are Part of Nature: Indigenous Peoples' Rights as a Basis for Environmental Protection in the Amazon Basin |
5 Colorado Journal of International Environmental Law and Policy 193 (Winter, 1994) |
The fish seem half-drunk, you can catch them with your hands . . . [t]he fish are contaminated. The hunting game is gone. The water polluted. [W]e have to talk to environmentalists to make them understand we are part of nature with the forests and the animals. On September 7, 1993, eleven days after signing a Treaty of Friendship with... |
1994 |
| Joseph William Singer |
Well Settled?: the Increasing Weight of History in American Indian Land Claims |
28 Georgia Law Review 481 (Winter 1994) |
(It is) a settled principle, that (the Indians') right of occupancy is considered as sacred as the fee simple of the whites. Justice Henry Baldwin Mitchel v. United States (1835) It is well settled that in all the States of the Union the tribes who inhabited the lands of the States held claim to such lands after the coming of the white man, under... |
1994 |
| Richard Monette |
When Tribes Sue States: How "Federal Indian Law" Offers an Opportunity to Clarify Sovereign Immunity Jurisprudence |
14 QLR 401 (Fall, 1994) |
Sovereign immunity goes to the very heart of [the] federal system and affect [[[s] the allocation of power between the United States and the several States. From the early days of this Nation, when Chisholm v. Georgia was decided against the State by the Federalist-minded Supreme Court and was then summarily reversed by the Anti-Federalist-minded... |
1994 |
| Andrew J. Bobzien, John H. Martin |
Winner, Best Appellate Brief in the 1994 Native American Law Student Association Moot Court Competition |
19 American Indian Law Review 281 (1994) |
I. Whether the district court erred in finding that the Tribe had the inherent sovereign power to take Landuser's land. II. Whether the district court erred in finding that it had jurisdiction to hear Landuser's case for alleged violations of the Indian Civil Rights Act (ICRA) because tribal sovereign immunity did not bar Landuser's claim in... |
1994 |
| Jean M. Silveri |
A Comparative Analysis of the History of United States and Canadian Federal Policies Regarding Native Self-government |
16 Suffolk Transnational Law Review 618 (Spring, 1993) |
A variety of fifteenth century European discoverers intervened in and redefined the native North Americans' exercise of control over their people and ancestral land. As successors to Great Britain's prevailing claim to North America, the governments of the United States and Canada were endowed with extensive and exclusive legislative power over... |
1993 |
| Lorraine Canoe (Kanaratitake) |
A Great Deal to Teach: the Endurance of Culture and Spiritualism in Indigenous Nations |
20 New York University Review of Law and Social Change 203 (1993) |
I want to thank Henry, Lida, and Lisa most of all for struggling with me. And I think you know what that is all about. We have gathered together, so our cycle continues. We are given the duty to live in harmony with one another and other living things. Our people still share the knowledge, and the new faces are coming towards us. For this we give... |
1993 |
| Melissa Manwaring |
A Small Step or a Giant Leap? The Implications of Australia's First Judicial Recognition of Indigenous Land Rights: Mabo and Others V. State of Queensland, 107 A.l.r. 1 (1992) (Austl.) |
34 Harvard International Law Journal 177 (Winter, 1993) |
On June 3, 1992, the Australian High Court delivered its decision in Mabo v. Queensland, a ten-year dispute in which the indigenous Meriam people sought legal recognition of property rights in land they had inhabited for centuries. The High Court overturned the traditional expanded terra nullius doctrine, and declared that, subject to state... |
1993 |
| Michael J. Simpson |
Accommodating Indian Religions: the Proposed 1993 Amendment to the American Indian Religious Freedom Act |
54 Montana Law Review 19 (Winter, 1993) |
In two cases decided in 1988 and 1990, Lyng v. Northwest Indian Cemetery Protective Ass'n and Employment Division of Oregon v. Smith, the United States Supreme Court severely restricted the protective scope of the free exercise clause of the First Amendment to the United States Constitution. In Lyng and Smith, the Court overruled more than... |
1993 |
| Erik M. Jensen |
American Indian Tribes and Secession |
29 Tulsa Law Journal 385 (Winter, 1993) |
I. Introduction. 385 II. Assimilation Versus Separation. 385 III. Theoretical Problems with Separate Communitarian Societies. 387 A. Tribal Members and Tribal Governments. 388 B. Tribes, Tribal Members, and the Larger Society. 390 C. Why the Issues Will Not Go Away. 392 IV. Two Possible Resolutions of the Theoretical Problems. 393 V. A Role for... |
1993 |
| Erik M. Jensen |
AMERICAN INDIAN TRIBES AND SECESSION |
29 Tulsa Law Journal 385 (Winter, 1993) |
I. Introduction. 385 II. Assimilation Versus Separation. 385 III. Theoretical Problems with Separate Communitarian Societies. 387 A. Tribal Members and Tribal Governments. 388 B. Tribes, Tribal Members, and the Larger Society. 390 C. Why the Issues Will Not Go Away. 392 IV. Two Possible Resolutions of the Theoretical Problems. 393 V. A Role for... |
1993 |
| Rita Sabina Mandosa |
Another Promise Broken |
40 Federal Bar News and Journal 109 (February, 1993) |
We still need our line of warriors, but now they've got to be legal warriors. That's the war now, and it's the only way we're going to survive. Tiger O'Rourke Yurok Indian The American Indian Religious Freedom Act of 1978 (AIRFA) signaled an awakening of the national conscience to its long history of indifference, ignorance, and often violent... |
1993 |
| Steven Paul McSloy |
Back to the Future: Native American Sovereignty in the 21st Century |
20 New York University Review of Law and Social Change 217 (1993) |
Introduction I. From Then to Here A. International Law B. Land C. Federalism D. The Frontier E. Plenary Power F. The Road II. The Empire Has No Clothes A. The Commerce Clause B. The Treaty Power C. The Trust Relationship D. Implicit Divestiture E. There Is No There There F. What Is to Be Done? III. International Law and Indigenous Peoples A.... |
1993 |
| Michael S. Johnson |
Boundaries of the Uintah-ouray Indian Reservation |
1993 Utah Law Review 266 (1993) |
1. Introduction In State v. Perank, the Utah Supreme Court held that the boundaries of the Uintah-Ouray Indian Reservation (the Reservation) in Utah had been diminished by a 1902 act of Congress. The court thereby concluded the trial court's exercise of subject matter jurisdiction over a crime committed in Myton, Utah, was proper because the town... |
1993 |
| Amber J. Ahola |
Call it the Revenge of the Pequots, or How American Indian Tribes Can Sue States under the Indian Gaming Regulatory Act Without Violating the Eleventh Amendment |
27 University of San Francisco Law Review 907 (Summer, 1993) |
THE PEQUOTS control much of what is now the state of Connecticut. The Indians support themselves by hunting, fishing and gathering food from the forests and swamps of the area. When the Mayflower arrive s , it is estimated that 13,000 Pequots live in the area. The Indians help the first settlers become established in the New World by teaching... |
1993 |
| James J. Belliveau |
Casino Gambling under the Indian Gaming Regulatory Act: Narragansett Tribal Sovereignty Versus Rhode Island Gambling Laws |
27 Suffolk University Law Review 389 (1993) |
The question of how best to regulate gaming on Indian lands raises important issues regarding State law enforcement authority, the need for proper regulation of gaming activities and the strong interests of Indian tribes in self-government and economic development. As with most matters affecting the legal relations between the States and Indian... |
1993 |
| Catherine Baker Stetson, Kevin Gover |
Cercla Liability and Regulation of Solid and Hazardous Waste on Indian Lands |
7-SPG Natural Resources & Environment 24 (Spring, 1993) |
Indian tribes have the right and the responsibility to regulate the disposition of both solid and hazardous wastes on tribal lands; however, until quite recently, tribes were neither required nor permitted to exercise such right or to meet such responsibility. Tribal environmental quality programs have received financial and other assistance from... |
1993 |
| 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 |