| Author | Title | Citation | Summary | Year |
| 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 |
| Ndiva Kofele-Kale |
Patrimonicide: the International Economic Crime of Indigenous Spoliation |
28 Vanderbilt Journal of Transnational Law 45 (January, 1995) |
I. Introduction . 48 II. The Problem and Its Consequences . 56 A. A Definition of Indigenous Spoliation . 56 B. The International Dimension of Indigenous Spoliation . 62 1. Stress and Strain on Interstate Relations . 62 2. Failed Efforts to Contain Cross-Border Refugee Flows . 63 3. The Consequences of Cross-Border Refugee Flows: Compassion Fatigue... |
1995 |
| Hon. Pierre L. Van Rysselberghe |
People of the White Buffalo |
56-DEC Oregon State Bar Bulletin 41 (December, 1995) |
Among the Indians of the Northwest it was salmon that sustained their lives and their culture for centuries. To the Indians of the American plains, it was the buffalo. Gone now are the tremendous herds of buffalo and the plentiful runs of salmon that supported the many tribes and bands of people who lived upon this continent before it was taken... |
1995 |
| Karin Mika |
Private Dollars on the Reservation: Will Recent Native American Economic Development Amount to Cultural Assimilation? |
25 New Mexico Law Review 23 (Winter, 1995) |
In October 1992, the Viejas band of Mission Indians announced that its tribe had approved the development of an amusement park to be situated on reservation lands. The amusement park, dependent upon the investment of non-Indian private dollars, is a type of commercial enterprise gaining popularity with Native American tribes. If successful, the... |
1995 |
| W. Michael Reisman |
Protecting Indigenous Rights in International Adjudication |
89 American Journal of International Law 350 (April, 1995) |
From the time that proto-human bands roamed the wilds, within one of the most common geopolitical patterns in world history, organized peoples have invaded inhabited territories and tried to make themselves dominant. When they were successful, they developed elaborate religious, moral or legal systems that celebrated and validated their control.... |
1995 |
| Mary Christina Wood |
Protecting the Attributes of Native Sovereignty: a New Trust Paradigm for Federal Actions Affecting Tribal Lands and Resources |
1995 Utah Law Review 109 (1995) |
I. Introduction. 111 II. Methodology for Establishing Standards of Fiduciary Care in the Indian Trust Context. 113 A. The Beacon of Fiduciary Obligation: The Best Interest Standard. 114 1. Applicability of Private Fiduciary Standards. 114 2. Statutory Standards as Substitutes for Fiduciary Obligations. 117 3. Constitutional Standards. 121 B. The... |
1995 |
| Mary Christina Wood |
PROTECTING THE ATTRIBUTES OF NATIVE SOVEREIGNTY: A NEW TRUST PARADIGM FOR FEDERAL ACTIONS AFFECTING TRIBAL LANDS AND RESOURCES |
1995 Utah Law Review 109 (1995) |
I. Introduction. 111 II. Methodology for Establishing Standards of Fiduciary Care in the Indian Trust Context. 113 A. The Beacon of Fiduciary Obligation: The Best Interest Standard. 114 1. Applicability of Private Fiduciary Standards. 114 2. Statutory Standards as Substitutes for Fiduciary Obligations. 117 3. Constitutional Standards. 121 B. The... |
1995 |
| Wendy L. Slater |
Pulling up the Nails from the Uintah Indian Reservation Boundary: Hagen V. Utah |
28 Creighton Law Review 529 (February, 1995) |
Rules of construction are notoriously slippery. This point is well-illustrated by comparing statutory construction to leapfrog: The most basic principle of statutory interpretation . . . is that the last leap wins. The United States Supreme Court took this last leap in its 1994 decision in Hagen v. Utah. In Hagen, the Supreme Court... |
1995 |
| Alex Tallchief Skibine |
Reconciling Federal and State Power Inside Indian Reservations with the Right of Tribal Self-government and the Process of Self-determination |
1995 Utah Law Review 1105 (1995) |
Originally, the Indian nations and tribes inhabiting the territory now comprising the United States were independent sovereign nations. However, in an 1823 case, the United States Supreme Court held that all tribes had become geographically incorporated within the United States territory by judicial fiat via the doctrine of discovery. In 1831, the... |
1995 |
| Edward P. Sullivan |
Reshuffling the Deck: Proposed Amendments to the Indian Gaming Regulatory Act |
45 Syracuse Law Review 1107 (1995) |
C1-3Contents L1-2Introduction 1108 I. The History of the IGRA. 1113 A. Traditional Tribal Sovereignty Boundaries. 1114 B. Redefining Tribal Sovereignty: Public Law 280. 1115 C. Judicial Interpretations of Public Law 280. 1116 D. Applications of the Bryan Test to State Gaming Statutes. 1118 E. Reexamining the Bryan Test: California v. Cabazon Band... |
1995 |
| Scott Dalton |
Saving Native American Religious Sites: the Haskell Medicine Wheel |
4-WTR Kansas Journal of Law & Public Policy 61 (Winter, 1995) |
Throughout its history the United States has mistreated its original inhabitant, the Native American Indian. Specifically, Native American religions have not been afforded the same protection from governmental interference as traditional western religions. In Lawrence, Kansas (Douglas County), Native American Indians from Haskell Indian Nations... |
1995 |
| |
Scalping the Redskins: Can Trademark Law Start Athletic Teams Bearing Native American Nicknames and Images on the Road to Racial Reform? By Bruce C. Kelber. 17 Hamline Law Review 533-88, Summer 1994. (Order From: Hamline University School of Law, 1536 Hew |
85 The Trademark Reporter 596 (September-October, 1995) |
This student comment advocates cancellation of registrations for Native American names as athletic team trademarks under Section 2(a) of the Lanham Act proscribing immoral, deceptive, scandalous, or disparaging matter. The author believes that use of Native American trademarks such as Redskins® is racist and argues that Section 2(a) is an... |
1995 |
| Tadd M. Johnson , James Hamilton |
Self-governance for Indian Tribes: from Paternalism to Empowerment |
27 Connecticut Law Review 1251 (Summer 1995) |
This Article identifies a fundamental shift in the relationship between the federal government and American Indians heralded by the passage of the Tribal Self Governance Act. This law is an evolutionary response to the historic tension between the two main tenets of federal Indian law--Tribal Sovereignty and Federal Trust Responsibility. This... |
1995 |
| by Kevin J. Worthen |
Seminole Tribe of Florida |
1995-96 Preview of United States Supreme Court Cases 19 (9/20/1995) |
Under federal law, an Indian tribe can operate casinos on its reservations if, among other things, the tribe enters into a gaming compact with the state in which it is located. The same law authorizes a tribe to sue the state in federal court if the state refuses to negotiate or does not negotiate in good faith. The central question in this case is... |
1995 |
| Stephanie J. Kim |
Sentencing and Cultural Differences: Banishment of the American Indian Robbers |
29 John Marshall Law Review 239 (Fall 1995) |
In Everett, Washington, two teenage Tlingit American Indian boys brutally beat and robbed a pizza deliveryman. The boys pled guilty to committing robbery in the first degree. On July 13, 1994, a Snohomish County, Washington state judge referred the sentencing of the two boys to the Tlingit American Indian tribal court. At the request of an American... |
1995 |
| Gloria Valencia-Weber |
Shrinking Indian Country: a State Offensive to Divest Tribal Sovereignty |
27 Connecticut Law Review 1281 (Summer 1995) |
Contemporary practices of some state governments attempt to shrink Indian country--the land over which American Indian tribes govern--as a way of divesting or voiding tribal sovereignty. States aggressively ask the courts to legitimate their state regulation, coupled with taxation, in an effort to change the size and status of Indian lands so that... |
1995 |
| Gloria Valencia-Weber |
SHRINKING INDIAN COUNTRY: A STATE OFFENSIVE TO DIVEST TRIBAL SOVEREIGNTY |
27 Connecticut Law Review 1281 (Summer 1995) |
Contemporary practices of some state governments attempt to shrink Indian country--the land over which American Indian tribes govern--as a way of divesting or voiding tribal sovereignty. States aggressively ask the courts to legitimate their state regulation, coupled with taxation, in an effort to change the size and status of Indian lands so that... |
1995 |
| Rodney K. Smith |
Sovereignty and the Sacred: the Establishment Clause in Indian Country |
56 Montana Law Review 295 (Winter 1995) |
Shortly after arriving in Montana, to serve as Dean of the School of Law, I had the opportunity to visit six of the seven tribal colleges in the state. As I visited each of those colleges, I was struck by the pervasive role of religion in sustaining the culture that makes those colleges special, places with the capacity to significantly increase... |
1995 |
| Francis J. Sicius |
Spirit Myth and Economic Activity: the Harmonious World of Florida's Indians |
7 St. Thomas Law Review 465 (Summer, 1995) |
Native Americans settled in South Florida some ten thousand years ago. The tribes existing at that time in Florida included the Tequesta tribe, which settled along the coast from Boca Raton through Miami and down into the Keys, and the powerful Calusas who lived at the mouth of the Caloosahatchee River. The Calusas dominated all other South Florida... |
1995 |
| Mark J. Wolff |
Spirituality, Culture and Tradition: an Introduction to the Role of Tribal Courts and Councils in Reclaiming Native American Heritage and Sovereignty |
7 St. Thomas Law Review 761 (Summer, 1995) |
It is appropriate that we now turn our attention to tribal court systems, not because the Symposium is being hosted by St. Thomas University School of Law nor because we are physically in this law school's moot court room, but because the law and its administration embodies and reflects a civilization's spirituality, tradition and culture.... |
1995 |
| Jeffrey W. Walbridge |
State Minimum Environmental Standards on the Native American Reservation |
68 Southern California Law Review 1075 (5/1/1995) |
Modern Native American reservation land use regulations have evolved from treaties made over a century ago. This evolution has entrenched the federal government's plenary power over Indian affairs while it has also sought to reinforce the principle of Indian autonomy and self-government wherever practicable. Much of this legal development and... |
1995 |
| Mishell B. Kneeland |
State Taxation of On-reservation Purchases by Non-indians: Department of Taxation & Fin. V. Milhelm Attea & Bros. |
48 Tax Lawyer 883 (Spring, 1995) |
In Department of Taxation & Fin. v. Milhelm Attea & Bros., the Supreme Court held that licensed Indian traders are not automatically immune from state regulation. Reversing the New York Court of Appeals, the Court upheld a complex regulatory scheme designed to collect cigarette taxes from non-Indians who purchase cigarettes on Indian reservations.... |
1995 |
| Kyle T. Nayback |
Tax Law--new Mexico Taxes Non-member Indians Who Work on a Reservation: New Mexico Taxation and Revenue Department V. Greaves |
25 New Mexico Law Review 129 (Winter, 1995) |
In New Mexico Taxation and Revenue Department v. Greaves the New Mexico Court of Appeals held that income earned by Indians on reservations of which they are not tribal members is taxable by the state, expressly overruling Fox v. Bureau of Revenue. Prior to Greaves, New Mexico did not regard tribal affiliation to be significant in determining the... |
1995 |
| Dan McGovern |
The Battle over the Environmental Impact Statement in the Campo Indian Landfill War |
3 Hastings West-Northwest Journal of Environmental Law and Policy 145 (Fall, 1995) |
In his forthcoming book, Thei Ciampoi Iindiani Liandfilli Wiar: Thei Fight for Gold in California'si Giarbage,i Diani MiciGovern, a former administrator of the EPA region that includes California, chronicles the struggle of the Campo tribe to develop a commercial solid waste landfill. In 1987, when the Campos began to consider developing a... |
1995 |
| Robert Laurence |
The Bothersome Need for Asymmetry in Any Federally Dictated Rule of Recognition for the Enforcement of Money Judgments Across Indian Reservation Boundaries |
27 Connecticut Law Review 979 (Summer 1995) |
If the stone falls on the egg, alas for the egg! If the egg falls on the stone, alas for the egg! Greek Cypriot proverb The essay that follows departs from conventional Indian law wisdom. Tribal sovereignty, it is said, is the sine qua non of American Indian law. I agree. Tribal sovereignty, it is also said, is fragile after half a millennium of... |
1995 |
| John S. Harbison |
The Broken Promise Land: an Essay on Native American Tribal Sovereignty over Reservation Resources |
14 Stanford Environmental Law Journal 347 (May, 1995) |
I. Territory and Collective Rights . 347 II. The Bourland-Brendale-Montana Trilogy . 351 III. Collective Rights in the Liberal Polity . 367 |
1995 |
| Robert N. Clinton |
The Dormant Indian Commerce Clause |
27 Connecticut Law Review 1055 (Summer 1995) |
I. Introduction. 1056 II. The Dormant Commerce Clause. 1059 III. Background Surrounding the Adoption of the Indian Commerce Clause. 1064 A. Colonial Management of Indian Affairs. 1064 B. The Indian Affairs Clause of the Articles of Confederation: Federal/State Conflict Over Indian Affairs During the Confederation. 1098 IV. Adoption and Ratification... |
1995 |
| John S. Harbison |
The Downstream People: Treating Indian Tribes as States under the Clean Water Act |
71 North Dakota Law Review 473 (1995) |
In the early summer of 1763, a party of French adventurers led by Father Jacques Marquette, a Jesuit priest, and Louis Joliet, a cours de bois, came upon a group of villages at the confluence of the Arkansas and Mississippi Rivers. The villagers were Siouan speakers who called themselves the Quapaw, or Downstream People. Exactly when the Quapaw... |
1995 |
| Adrian N. Hansen |
The Endangered Species Act and Extinction of Reserved Indian Water Rights on the San Juan River |
37 Arizona Law Review 1305 (1995) |
A major tributary of the legendary Colorado River, the San Juan River bisects the spectacularly stark Four Corners region of the southwestern United States. Arising in the lofty peaks of southwest Colorado, the river flows 360 miles to empty into Lake Powell in Utah. After tumbling out of the high country, the San Juan traverses the Southern Ute... |
1995 |
| Dick Dahl |
The Gamble That Paid off |
81-MAY ABA Journal 86 (May, 1995) |
The busloads of people who work the slot machines and roulette tables at the massive Foxwoods casino in southern Connecticut probably would never guess that they are there only because lawyers beat the odds. The casino--by some accounts the largest in the Western hemisphere--is owned by the Mashantucket Pequot Indians, who, in less than 10 years,... |
1995 |
| Debra Dumontier-Pierre |
The Indian Child Welfare Act of 1978: a Montana Analysis |
56 Montana Law Review 505 (Summer 1995) |
In 1978, Congress enacted the Indian Child Welfare Act (ICWA) to prevent the unwarranted breakup of Indian families and to give Indian tribes a substantial role in matters concerning custody of Indian children. Through ICWA, Congress declared a national policy to keep Indian children with their families, to defer to tribal jurisdiction in child... |
1995 |
| Denise L. Stiffarm |
The Indian Child Welfare Act: Guiding the Determination of Good Cause to Depart from the Statutory Placement Preferences |
70 Washington Law Review 1151 (10/1/1995) |
Since 1978, custody proceedings involving Indian children have been subject to the provisions of the Indian Child Welfare Act. The substantive provisions of the Act set forth placement preferences for state courts to follow when determining adoptive, preadoptive, and foster care placement of Indian children. While the Act directs that the... |
1995 |
| Jackie J. Kim |
The Indian Federal Recognition Administrative Procedures Act of 1995: a Congressional Solution to an Administrative Morass |
9 Administrative Law Journal of the American University 899 (Fall, 1995) |
C1-2Table of Contents Introduction. 899 I. The Administration of the Federal Acknowledgment Process. 902 A. Rights Incident to Recognition. 903 B. Prior to the Federal Acknowledgment Process. 905 C. Establishment of an Administrative Recognition Process. 906 D. Application of the Federal Acknowledgment Process. 909 E. Flaws in the Federal... |
1995 |
| Douglas W. Chase |
The Indian Gaming Regulatory Act and State Income Taxation of Indian Casinos: Cabazon Band of Mission Indians V. Wilson and County of Yakima V. Yakima Indian Nation |
49 Tax Lawyer 275 (Fall, 1995) |
For over two centuries, the federal and state governments have struggled to develop an effective program to enable Indian tribes to achieve self-determination and self-governance. One of the most stubborn obstacles to the accomplishment of this goal has been the pervasive poverty that has plagued virtually every Indian tribe from the origins of... |
1995 |
| Michael D. Cox |
The Indian Gaming Regulatory Act: an Overview |
7 St. Thomas Law Review 769 (Summer, 1995) |
When the Seminole Tribe of Florida opened the first high-stakes tribal bingo hall on its reservation in Hollywood, Florida in 1979, few people could have predicted that in a span of fifteen years, Indian gaming would become one of the fastest growing wagering industries in the United States. Today, there are approximately 210 tribes actively... |
1995 |
| Richard Warren Perry |
The Logic of the Modern Nation-state and the Legal Construction of Native American Tribal Identity |
28 Indiana Law Review 547 (1995) |
Nationalism, argued Hans Kohn a half-century ago, is first and foremost a state of mind, an act of consciousness. As June Starr notes in a companion Article in this volume, nations are hardly the inevitable entitiesthe natural convergences of blood and territorythat their propagandists insist. Rather, Starr tells us, nationalistic ideas are... |
1995 |
| Richard Warren Perry |
THE LOGIC OF THE MODERN NATION-STATE AND THE LEGAL CONSTRUCTION OF NATIVE AMERICAN TRIBAL IDENTITY |
28 Indiana Law Review 547 (1995) |
Nationalism, argued Hans Kohn a half-century ago, is first and foremost a state of mind, an act of consciousness. As June Starr notes in a companion Article in this volume, nations are hardly the inevitable entitiesthe natural convergences of blood and territorythat their propagandists insist. Rather, Starr tells us, nationalistic ideas are... |
1995 |
| John R. Quinn |
The Lost Language of the Irishgaymale: Textualization in Ireland's Law and Literature (Or the Most Hidden Ireland ) |
26 Columbia Human Rights Law Review 553 (Spring 1995) |
Introduction. 555 I. Theoretical Considerations. 566 A. Constructionism v. Essentialism. 566 B. Elaine Showalter's Model of Muted Group Discourse. 579 C. The Gaymale. 584 D. The Irishmale. 593 E. The Irishgaymale. 600 II. The Substantive Textualization of the Irishgaymale: Law. 605 A. The Sodomy and Gross Indecency Statutes. 606 B. The Norris... |
1995 |
| Daniel G. Mueller |
The Reassertion of Native Hawaiian Gathering Rights Within the Context of Hawaii's Western System of Land Tenure |
17 University of Hawaii Law Review 165 (Summer, 1995) |
Contemporary Hawaii law includes the mandate that Native Hawaiian culture must be protected or, if once lost, restored. Article XII, section 7 of the Hawaii Constitution, adopted in 1978, embodies the emerging trend in Hawaii public policy to protect Native Hawaiian culture: The State reaffirms and shall protect all rights customarily and... |
1995 |
| L. Roberto Barroso |
The Saga of Indigenous Peoples in Brazil: Constitution, Law and Policies |
7 St. Thomas Law Review 645 (Summer, 1995) |
In 1979, when the military rule in Brazil was coming to an end, I dedicated some of my time to student political activity supporting the return of democracy. Several students used to show their political beliefs by posting banners on the windows of their cars. I had several in my car. One of them, probably the one that raised the most curiosity,... |
1995 |
| Robert Laurence |
The Unseemly Nature of Reservation Diminishment by Judicial, as Opposed to Legislative, Fiat and the Ironic Role of the Indian Civil Rights Act in Limiting Both |
71 North Dakota Law Review 393 (1995) |
You own the stars? Yes. But I have already seen a king who -- Kings do not own, they reign over. It is a very different matter. This paper will explore the distinction being made by the Businessman to the Little Prince, to wit, the distinction between ownership of land and sovereign power over it. I will conclude that the distinction is a... |
1995 |