| Author | Title | Citation | Summary | Year |
| 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 |
| Greg Overstreet |
Re-empowering the Native American: a Conservative Proposal to Restore Tribal Sovereignty and Self-reliance to Federal Indian Policy |
14 Hamline Journal of Public Law and Policy Pol'y 1 (Fall, 1993) |
How did the political condition of the Native American deteriorate from total freedom and self-reliance to powerlessness and dependency? How did the legal status of the American Indian tribe erode from a sovereign nation to a collection of federal wards? During the American Revolutionary War era, Indian tribes were fully sovereign nations,... |
1993 |
| Jon Keith Parsley |
Regulation of Counterfeit Indian Arts and Crafts: an Analysis of the Indian Arts and Crafts Act of 1990 |
18 American Indian Law Review 487 (1993) |
The Native American arts and crafts industry has become a multi-million dollar industry in the United States. The genre of Indian arts is immensely popular in American culture. As is the case with many other industries in the United States, foreign companies have tried to get a piece of this lucrative market. Foreign and domestic entities... |
1993 |
| Timothy R. Malone, Bradley B. Furber |
Regulatory Jurisdiction over Nonmembers' Land Within Indian Reservations |
7-SPG Natural Resources & Environment 14 (Spring, 1993) |
A little over a century ago, the federal government's policy toward Native Americans took a sharp turn. In briefest terms, the policy changed from fostering isolation and independence of Indian society from the non-Indian society to a policy of attaining complete economic, social, political, and legal assimilation. This policy change in the late... |
1993 |
| by Kevin J. Worthen |
Robert P. Hagen |
1993-94 Preview of United States Supreme Court Cases 53 (10/29/1993) |
Near the turn of the century, Congress opened up many Indian reservations to settlement by non-Indians. However, ownership of the land by non-Indians did not automatically remove the land from reservation status. This case is the latest in a series of cases in which the Supreme Court will decide whether legislation opening an Indian reservation to... |
1993 |
| Michael J. Clinton |
Settlement of Indian Reserved Water Rights Claims |
33 Natural Resources Journal 665 (Summer, 1993) |
This family, gathered here this morning, has really evolved, grown, and matured over time. One of the things I find in Indian country is the oral tradition of Indian peoples and how they pass stories on from one year to another, one generation to another. I was an Irish kid; my mother was an Irish storyteller. I grew up with some of that same... |
1993 |
| Sandra Lee Nowack |
So That You Will Hear Us: a Native American Leaders' Forum |
18 American Indian Law Review 551 (1993) |
On July 15, 1993, in a confirmation statement before the Senate Committee on Indian Affairs, Assistant Secretary Ada E. Deer shared her hopes for a progressive federal/tribal partnership during her tenure with the Bureau of Indian Affairs. In this feature, the American Indian Law Review presents a written forum in which Native American leaders... |
1993 |
| Amelia A. Fogleman |
Sovereign Immunity of Indian Tribes: a Proposal for Statutory Waiver for Tribal Businesses |
79 Virginia Law Review 1345 (September, 1993) |
The notion that the king can do no wrong is an ancient one, dating back at least to the feudal ages and possibly beyond. For centuries, the doctrine of sovereign immunity has insulated kings, emperors, and democratic states from legal actions by the people. From Ancient Greece to Nazi Germany to today's Third World, t he historical and... |
1993 |
| Keith E. Whitson |
State Jurisdiction to Tax Indian Reservation Land and Activities |
44 Washington University Journal of Urban and Contemporary Law 99 (Summer/Fall, 1993) |
Chief Justice John Marshall once stated that the power to tax involves the power to destroy. Considering our nation's long-standing policy of preserving Indian reservation land and fostering Indian economic development, it is not surprising that the Supreme Court has found Indian reservation land and activities exempt from state taxation. Since... |
1993 |
| Leah L. Lorber |
State Rights, Tribal Sovereignty, and the "White Man's Firewater": State Prohibition of Gambling on New Indian Lands |
69 Indiana Law Journal 255 (Winter, 1993) |
Indian-sponsored gambling, from bingo parlors to Las Vegas-style casinos, exploded onto tribal lands during the 1980's. Essentially free from state regulation, Indian gaming halls bring millions of dollars a year to scores of once economically depressed Indian communities. Now, with the success of on-reservation gaming, tribes are seeking to... |
1993 |
| Lynn H. Slade |
Structuring and Financing Natural Resource and Energy Development on Indian Lands |
7-SPG Natural Resources & Environment Env't 7 (Spring, 1993) |
Indian lands present untapped natural resource and energy development opportunities. Fifty-three million acres of land are held in trust for American Indians by the federal government, encompassing 30 percent of Western coal resources, 37 percent of uranium reserves, and 3 percent of known oil and gas reserves. M. Ambler, Breaking the Iron Bonds,... |
1993 |
| Jo Carrilo |
Surface and Depth: Some Methodological Problems with Bringing Native American-centered Histories to Light |
20 New York University Review of Law and Social Change 405 (1993) |
During the late 1980s, a group of scholars collaborated in an effort to explore how well historians had rendered Native American history. The scholars split between empirical and experiential positions. Empiricists took the view that historians could use data, more or less neutrally, to draw inferences about Native American life and experience in... |
1993 |
| Russel Lawrence Barsh |
The Challenge of Indigenous Self-determination |
26 University of Michigan Journal of Law Reform 277 (Winter, 1993) |
Last year world leaders met in Rio de Janeiro to agree on the terms of a global compact on the environment. The final document of the Earth Summit is potentially far-reaching and as ponderous as it is complex. It breaks new ground on a number of fronts, including the conservation of the world's forests, and the establishment of a United Nations... |
1993 |
| Steven T. Newcomb |
The Evidence of Christian Nationalism in Federal Indian Law: the Doctrine of Discovery, Johnson V. Mcintosh, and Plenary Power |
20 New York University Review of Law and Social Change 303 (1993) |
Preface Introduction I. Christianity and Discovery A. The Christian Discovery of Heathen Lands B. The Independence of American Indian Nations C. The Supreme Court's Adoption of the Principle of Christian Discovery D. Christendom's Principle of Arbitration II. The Roots of Christian Nationalism in Federal Indian Law A. The Johnson Ruling B.... |
1993 |
| Toni Hahn Davis |
The Existing Indian Family Exception to the Indian Child Welfare Act |
69 North Dakota Law Review 465 (1993) |
Throughout American history, Native Americans have had a special relationship with the federal government. Indians were originally viewed by many European missionaries and commentators as primitive, yet pristine and innocentfree from distinctions of rank and wealth. Before America's conquest, Indians had no contact with Christianity and were... |
1993 |
| Glenn M. Feldman |
The Great Casino Controversy |
29-JUL Arizona Attorney 19 (July, 1993) |
Twice in the last year, national attention has been focused on the issue of gambling on Indian reservations in Arizona. On the morning of May 12, 1992, a team of FBI agents and federal marshals conducted raids at five Indian gaming facilities across Arizona, seizing hundreds of slot machines and video gaming devices. At four reservations, the raids... |
1993 |
| Mark Savage |
The Great Secret about Federal Indian Law-two Hundred Years in Violation of the Constitution-and the Opinion the Supreme Court Should Have Written to Reveal it |
20 New York University Review of Law and Social Change 343 (1993) |
Introduction County of Yakima v. Confederated Tribes & Bands of the Yakima Indian NationThe Per Curiam Decision I. Facts A. Allotment B. The Yakima Nation II. General Allotment Act of 1887 III. United States Constitution IV. Sovereignty V. Conclusion County of Yakima v. Confederated Tribes & Bands of the Yakima Indian NationThe Dissent When the... |
1993 |
| Peter T. Glimco |
The Igra and the Eleventh Amendment: Indian Tribes Are Gambling When They Try to Sue a State |
27 John Marshall Law Review 193 (Fall, 1993) |
To best understand the complex interplay between state regulation of gambling on Indian reservations and the Indian Gaming Regulatory Act (IGRA), it is helpful to read the following hypothetical. The Tatanka Indian Tribe is a federally recognized tribe located in the state of Caledonia. In the past, the tribal government received the majority of... |
1993 |
| Michael C. Blumm , Michael Cadigan |
The Indian Court of Appeals: a Modest Proposal to Eliminate Supreme Court Jurisdiction over Indian Cases |
46 Arkansas Law Review 203 (1993) |
We were unable to meet the challenge of the editors to dream the next quinticentennial of Indian law. But with our eyes fixed firmly on the next generation or so of Indian law cases, we unabashedly propose a small change in court jurisdiction over Indian cases: we propose to eliminate the Supreme Court from Indian law. Over the last two decades,... |
1993 |
| Edmond F. Leedham, III |
The Indian Gaming Controversy in Connecticut: Forging a Balance Between Tribal Sovereignty and State Interests |
13 Bridgeport Law Review 649 (Spring, 1993) |
The United States has often been described as a melting pot in which people of diverse ethnic and cultural origins have merged together to form a coherent citizenry. While many Americans, especially those who witnessed the racial tensions that plagued the nation during the spring of 1992, might debate the validity of the melting pot analogy, even... |
1993 |
| T. Barton French, Jr. |
The Indian Gaming Regulatory Act and the Eleventh Amendment: States Assert Sovereign Immunity Defense to Slow the Growth of Indian Gaming |
71 Washington University Law Quarterly 735 (Fall, 1993) |
I firmly believe that we now stand at a crossroads, at a point where we may seize the opportunity to acknowledge the Indians' unequivocal right to self-determination and invite the Indian tribes into the American mainstream. . . . [T]he possibility [exists] that the tribes can fully participate in our economic prosperity while they retain . . .... |
1993 |
| George W. Hyde III |
The Indian Gaming Regulatory Act of 1988: Did Congress Forget about the Other Commerce Clause? |
10 Thomas M. Cooley Law Review 665 (Michaelmas Term, 1993) |
Federal Indian law is a vast and complex topic. The most controversial area of Indian law today is undoubtedly that of Indian-sponsored gambling. Gambling is one of the nation's fastest growing industries, and it doesn't show any signs of slowing down. Indian tribes around the country have been especially affected by the gambling boom. Currently,... |
1993 |
| Eric D. Jones |
The Indian Gaming Regulatory Act: a Forum for Conflict among the Plenary Power of Congress, Tribal Sovereignty, and the Eleventh Amendment |
18 Vermont Law Review 127 (Fall, 1993) |
In October 1988 the Indian Gaming Regulatory Act (IGRA) became federal law. At the time, many believed that IGRA was the long-awaited answer to a call for congressional action in the field of Native American reservation gambling. Time and litigation, however, have demonstrated that IGRA has not only failed to address the need for effective... |
1993 |