| Author | Title | Citation | Summary | Year |
| M. Julia Hook, Britt D. Banks |
The Indian Mineral Development Act of 1982 |
7-SPG Natural Resources & Environment 11 (Spring, 1993) |
The Indian Mineral Development Act of 1982 (Melcher Act), 25 U.S.C. §§ 2101 et seq., authorizes Indian tribes to enter into any form of agreement approved by the Secretary of the Interior for the disposition of oil and gas and other mineral resources on tribal lands, or for the sale of production from operations on tribal lands. The Melcher Act... |
1993 |
| Kenton Keller Pettit |
The Waiver of Tribal Sovereign Immunity in the Contractual Context: Conflict Between the Ninth Circuit and the Alaska Supreme Court? |
10 Alaska Law Review 363 (December, 1993) |
Over the last decade, the Alaska Supreme Court has seriously eroded the potential protection provided to Native groups by the doctrine of sovereign immunity. It is well established that Indian tribes, like other governmental entities, enjoy the protection of sovereign immunity until it is waived. The United States Supreme Court has held that in... |
1993 |
| Jeanne S. Whiteing |
Tribal and State Taxation of Natural Resources on Indian Reservations |
7-SPG Natural Resources & Environment 17 (Spring, 1993) |
Development of natural resources on Indian reservations has been significantly hampered by dual taxationby tribes and states. Where both the tribes and the states are taxing natural resource development and related activities, new production and marginal production suffer. The resulting loss in revenue is felt by both taxing entities. For Indian... |
1993 |
| David M. Ujke |
Tribal Court Jurisdiction in Domestic Relations Matters Involving Indian Children: Not Just a Matter of Comity |
66-AUG Wisconsin Lawyer 10 (August, 1993) |
You are representing a couple in a standard, run-of-the-mill adoption proceeding. The couple has been looking for a child for some time, and eventually they find one through a private child-placement agency. Both parents consent to terminating their parental rights, and the circuit court approves the adoption. Everyone is happy, right? Maybe not.... |
1993 |
| Michael E. Connelly |
Tribal Jurisdiction under Section 1911(b) of the Indian Child Welfare Act of 1978: Are the States Respecting Indian Sovereignty? |
23 New Mexico Law Review 479 (Spring, 1993) |
As with most areas of law, an enduring problem in federal Indian law relates to jurisdiction. The question of which court system has authority to hear cases involving Indians has remained constant for decades, in spite of lawmakers' best efforts to resolve the issue. While in some areas of the law, tribal jurisdiction is being challenged, in at... |
1993 |
| William T. Bisset |
Tribal-state Gaming Compacts: the Constitutionality of the Indian Gaming Regulatory Act |
21 Hastings Constitutional Law Quarterly 71 (Fall, 1993) |
C1-2Table of Contents Introduction. 71 I. Development of Indian Gaming. 72 II. Structure of IGRA. 74 III. State Opposition to IGRA. 76 A. Eleventh Amendment. 77 1. Abrogation. 78 a. Supreme Court Test. 78 b. IGRA Abrogates State Immunity. 81 c. District Court Interpretations of IGRA. 82 2. Consent/Waiver. 85 3. Ex Parte Young. 85 B. Tenth... |
1993 |
| M. Lynne Bruzzese |
U.s. V. Alexander: Defining and Regulating "Subsistence Use" of Resources among Alaska Natives |
33 Natural Resources Journal 461 (Spring, 1993) |
In United States v. Alexander, the Ninth Circuit considered whether cash sales of fish by Alaska Natives are a protected subsistence use under the federal Alaska National Interest Lands Conservation Act (ANILCA). Alexander specifically decides whether the subsistence use priority detailed in ANILCA provides a defense for Alaska Natives charged... |
1993 |
| Mary C. Gordon |
United States V. Alvarez-machain: an Unexpected Ally for Native American Tribal Authority |
1993 Utah Law Review 875 (1993) |
In 1886, the United States government dispatched federal agent Henry Julian to Peru to arrest Frederick Ker for alleged acts of larceny and embezzlement committed in Illinois. Julian was to obtain custody of Ker under authority of the United States-Peruvian extradition treaty. However, the Chilean occupation of Peru left a void where the Peruvian... |
1993 |
| Joseph J. Weissman |
Upping the Ante: Allowing Indian Tribes to Sue States in Federal Court under the Indian Gaming Regulatory Act |
62 George Washington Law Review 123 (November, 1993) |
Gambling on Indian reservations has mushroomed in recent years and is now a major source of tribal income. For many American Indian tribes, gambling operations represent a unique opportunity to satisfy economic needs. As of November 1992, more than 170 Indian tribes offered some type of gambling activity on their reservations. This activity has... |
1993 |
| Peggy Sue Kirk |
Water Law--indian Law--cowboys, Indians and Reserved Water Rights: May a State Court Limit How Indian Tribes Use Their Water? In re the General Adjudication of All Rights to Use Water in the Big Horn River System and All Other Sources, State of Wyoming, 8 |
28 Land and Water Law Review 467 (1993) |
A fifteen year history of litigation over water rights in Wyoming began on January 24, 1977, when the State of Wyoming initiated a general adjudication of water rights in the Big Horn River System. The goal of the adjudication was to quantify the water rights of more than 20,000 water users, including potential reserved water rights for the... |
1993 |
| Kirke Kickingbird |
Way down Yonder in the Indian Nations, Rode My Pony Cross the Reservation! from "Oklahoma Hills" by Woody Guthrie |
29 Tulsa Law Journal 303 (Winter, 1993) |
Way down yonder in the Indian Nations, rode my pony cross the reservation, in those Oklahoma hills where I was born. . . . So begins one of the 1,000 songs written by balladeer Woody Guthrie. The Indian Nations of which he writes are the Cherokee, Choctaw, Chickasaw, Creek and Seminole. The phrase refers to both the tribes themselves and the... |
1993 |
| Kim Laree Schnuelle |
When the Bough Breaks: Federal and Washington State Indian Child Welfare Law and its Application |
17 University of Puget Sound Law Review 101 (Fall, 1993) |
Stealing our future as a people is one of the greatest crimes the white man has ever devised. He justifies it with the fact that the Indian is a pagan, a believer in the preservation of nature, a non-user of mineral resources, a non-destroyer of the land and a family man . the white man has used progress as an excuse to conquer and own all,... |
1993 |
| Rennard Strickland |
Yellow Bird's Song: the Message of America's First Native American Attorney |
29 Tulsa Law Journal 247 (Winter, 1993) |
Willa Cather, the American novelist, observed that there are only two or three stories that go on happening as if they have never happened before. This essay looks at a dramatic variation of one of those stories -- the life of Yellow Bird or John Rollin Ridge. Ridge was the first Native American to be licensed to practice law in a state... |
1993 |
| Peter W. Gorman , Michelle Therese Paquin |
A Minnesota Lawyer's Guide to the Indian Child Welfare Act |
10 Law & Inequality: A Journal of Theory and Practice 311 (June, 1992) |
In 1978, Congress passed the Indian Child Welfare Act (ICWA), in an attempt to remedy abuses in the placement of native children by courts and welfare agencies in states with native populations. Parts of the ICWA reflect Congress' recognition that Indian tribes in the United States are sovereign nations which possess the inherent authority to... |
1992 |
| William V. Vetter |
A New Corridor for the Maze: Tribal Criminal Jurisdiction and Nonmember Indians |
17 American Indian Law Review 349 (1992) |
Criminal jurisdiction in Indian country is divided among federal, tribal, and state governments by an amalgam of statutes, court decisions, treaties, and administrative actions. Major crimes involving Indians are subject to federal jurisdiction. Lesser crimes involving Indians and non-Indians are subject to federal jurisdiction. Crimes involving... |
1992 |
| William V. Vetter |
A NEW CORRIDOR FOR THE MAZE: TRIBAL CRIMINAL JURISDICTION AND NONMEMBER INDIANS |
17 American Indian Law Review 349 (1992) |
Criminal jurisdiction in Indian country is divided among federal, tribal, and state governments by an amalgam of statutes, court decisions, treaties, and administrative actions. Major crimes involving Indians are subject to federal jurisdiction. Lesser crimes involving Indians and non-Indians are subject to federal jurisdiction. Crimes involving... |
1992 |
| Robert O. Lucido II |
Aboriginal Title: Abenaki Indian Land Claim in Vermont |
16 Vermont Law Review 611 (Winter, 1992) |
In the recent past, a number of Indian tribes in the eastern United States have sued both the federal and state governments for the return of lands pursuant to the doctrine of aboriginal title. These tribes have maintained actions seeking compensation for the taking of these lands as well as for their return. Many of these actions were successful... |
1992 |
| Cheryl A. Rawls |
Alaska Natives |
22 Environmental Law 1251 (1992) |
Congress enacted the Alaska National Interest Lands Conservation Act (ANILCA) in an effort to protect the Alaskan subsistence life-style. The definition of subsistence includes customary trade, but customary trade is not defined in the statute. This Chapter discusses the conflict between the Ninth Circuit's interpretation of the ANILCA, restoring... |
1992 |
| James L. Huffman |
An Exploratory Essay on Native Americans and Environmentalism |
63 University of Colorado Law Review 901 (1992) |
America's environmentalists have embraced America's native peoples, or so it may seem. As environmentalism has moved from conservation through preservation to biocentrism, it has assumed the mantle of the American Indian. For many modern environmentalists, the example of the American Indian offers hope to an otherwise irretrievably anthropocentric... |
1992 |
| Christopher L. Lafuse |
Beyond Blatchford V. Native Village of Noatak: Permitting the Indian Tribes to Sue the States Without Regard to the Eleventh Amendment Bar |
26 Valparaiso University Law Review 639 (Spring, 1992) |
The Indian tribes lived in the territory that became the United States long before the colonization of North America. During the Eighteenth Century, the Federal Government negotiated hundreds of treaties with the various Indian tribes, many of which have been violated by the state governments. Within the past few years the Indian tribes have sued... |
1992 |
| Edward Janecek III, Special Features Editor |
Book Review: American Indian Water Rights and the Limits of Law by Lloyd Burton (University Press of Kansas 1991) |
17 American Indian Law Review 677 (1992) |
Of all the elements necessary to sustain human existence, water is by far the most crucial. While we often take this precious resource for granted, its importance to all aspects of the human experience is reinforced when its availability is threatened. This notion is illustrated by the abundance of water rights disputes that have arisen in parts of... |
1992 |
| Anita Ramasastry |
Cinematic Sex and Censorship in Indian Film |
33 Harvard International Law Journal 205 (Winter, 1992) |
Cinematic kissing has always been taboo in Indian film. This tradition reflects, at least in part, the historic censorship of even mild displays of affection from the screen. At the same time, in the typical Hindi family film, women are often the victim of violent rape. This paradoxical treatment of sexual relations in popular Indian cinema might... |
1992 |
| Douglas A. Brockman |
Congressional Delegation of Environmental Regulatory Jurisdiction: Native American Control of the Reservation Environment |
41 Washington University Journal of Urban and Contemporary Law 133 (Spring, 1992) |
Native American Tribes, America's original inhabitants, have a strong and unique relationship with the natural environment. Recently, many tribes have taken steps to preserve the environment in Indian country. While attempting to assert regulatory authority over their territory, tribal regulatory programs inevitably reach non-native people and... |
1992 |
| Ted Wills |
De Novo Review: an Alternative to State and Federal Court Jurisdiction of Nonindian Minor Crimes on Indian Land |
17 American Indian Law Review 309 (1992) |
In 1973, two non-Indians were arrested by Madison Reservation tribal police during the Chief Seattle Days celebration. Those arrestees later faced criminal charges in the Suquamish Indian Provisional Court. In 1978, the United States Supreme Court on certiorari in Oliphant v. Suquamish Indian Tribe held that Indian tribes do not have inherent... |
1992 |
| Edited by Jacquin D. Bierman, J.D., and Steven L. Severin, LL.M., CPA |
Distribution of Accumulated Interest to Alaska Native Was Not a Gift. (Tcm) |
76 Journal of Taxation 229 (April, 1992) |
Taxpayer, a native Alaskan, sold land that was overseen by the Bureau of Indian Affairs. The proceeds from the sale ($21,000) were held in the Bureau's suspense account and distributed to taxpayer ten days after the sale was completed. The Bureau also was required to distribute all interest that had accumulated in its accounts. Taxpayer received... |
1992 |
| by Nell Jessup Newton |
Emery L. Negonsott |
1992-93 Preview of United States Supreme Court Cases 173 (12/31/1992) |
What may appear to be a dry dispute over jurisdictional issues often raises questions that go to the very heart of the basic issue of sovereign power to control certain persons and events. In no area of the law are these struggles more bitter than in the area of Indian law. States and the federal government have disputed authority over Indian... |
1992 |
| Julie A. Pace |
Enforcement of Tribal Law in Federal Court: Affirmation of Indian Sovereignty or a Step Backward Towards Assimilation? |
24 Arizona State Law Journal 435 (Spring, 1992) |
I. INTRODUCTION. 436 II. LEGAL AND HISTORICAL BACKGROUND. 438 A. Tribal Civil Jurisdiction. 438 1.Indian Country. 438 2.Indians, Nonmember Indians, and Non-Indians. 441 3. Enforcement of Tribal Judgments. 443 4. Service of Tribal Process. 444 5. Tribal Court, C.F.R. Court, or No Court System. 444 B. State Civil Jurisdiction. 447 1. State... |
1992 |
| Kevin Gover , Jana L. Walker |
Escaping Environmental Paternalism: One Tribe's Approach to Developing a Commercial Waste Disposal Project in Indian Country |
63 University of Colorado Law Review 933 (1992) |
We have been asked to address the issue of environmental racism in the context of commercial solid and hazardous waste projects on Indian reservations. Let us say at the outset that we have no quarrel with those who believe that undesirable facilities--such as waste disposal facilities--are more likely to be found in a poor minority community than... |
1992 |
| Kevin Gover , Jana L. Walker |
ESCAPING ENVIRONMENTAL PATERNALISM: ONE TRIBE'S APPROACH TO DEVELOPING A COMMERCIAL WASTE DISPOSAL PROJECT IN INDIAN COUNTRY |
63 University of Colorado Law Review 933 (1992) |
We have been asked to address the issue of environmental racism in the context of commercial solid and hazardous waste projects on Indian reservations. Let us say at the outset that we have no quarrel with those who believe that undesirable facilities--such as waste disposal facilities--are more likely to be found in a poor minority community than... |
1992 |
| William W. Quinn, Jr. |
Federal Acknowledgment of American Indian Tribes: Authority, Judicial Interposition, and 25 C.f.r. § 83 |
17 American Indian Law Review 37 (1992) |
One of the numerous intersections between administrative law and Indian law is found in the Code of Federal Regulations at 25 C.F.R. § 83, titled Procedures for Establishing That an American Indian Group Exists as an Indian Tribe. This caption's terms of Indian tribe and Indian group, both explained in the definitions for 25 C.F.R. § 83,... |
1992 |
| William W. Quinn, Jr. |
FEDERAL ACKNOWLEDGMENT OF AMERICAN INDIAN TRIBES: AUTHORITY, JUDICIAL INTERPOSITION, AND 25 C.F.R. § 83 |
17 American Indian Law Review 37 (1992) |
One of the numerous intersections between administrative law and Indian law is found in the Code of Federal Regulations at 25 C.F.R. § 83, titled Procedures for Establishing That an American Indian Group Exists as an Indian Tribe. This caption's terms of Indian tribe and Indian group, both explained in the definitions for 25 C.F.R. § 83,... |
1992 |
| Robert Laurence |
Federal Court Review of Tribal Activity under the Indian Civil Rights Act |
68 North Dakota Law Review 657 (1992) |
The testimony that follows links the extension of the Indian Civil Rights Act (ICRA) to the extension of Indian tribal jurisdiction over non-Indians. My essential thesis is that with the ICRA in place and providing federal court review of tribal activity, many of the fears of tribal jurisdiction over non-Indians are alleviated. The ICRA provides... |
1992 |
| William W. Quinn, Jr. |
Federal Environmental and Indian Law Confluent |
29-DEC Arizona Attorney 19 (December, 1992) |
In late April of 1992, the Salt River Pima-Maricopa Indian Community whose reservation lies directly east of Scottsdale and is bounded to the south by several miles of the Salt River, received a letter of intent to sue for alleged violations of the Clean Water Act and the Resource Conservation and Recovery Act (RCRA). Atlantic States Legal... |
1992 |
| Ralph W. Johnson , Sharon I. Haensly |
Fifth Amendment Takings Implications of the 1990 Native American Graves Protection and Repatriation Act |
24 Arizona State Law Journal 151 (Spring, 1992) |
In November 1990, Congress passed the Native American Graves Protection and Repatriation Act (NAGPRA). NAGPRA provides for the protection and disposition of Native American cultural items discovered on federal or tribal lands after NAGPRA's effective date. NAGPRA also addresses disposition of those objects currently held or controlled by federal... |
1992 |
| |
Gaming: Gaming Classification and Pact Requirements |
17 American Indian Law Review 669 (1992) |
The Spokane Tribe of Indians (the Tribe) operates a gaming casino on its tribal lands. One of its games is a computerized game called Pick Six Lotto (Pick Six). The game is played by placing money into the Pick Six video terminal. The player then selects six numbers ranging from 1 to 45 which are then displayed on the terminal. The Pick Six... |
1992 |
| Sherry Hutt |
Illegal Trafficking in Native American Human Remains and Cultural Items: a New Protection Tool |
24 Arizona State Law Journal 135 (Spring, 1992) |
Tucked into the middle of the Native American Graves Protection and Repatriation Act (NAGPRA), is a new criminal law, which is often overlooked in the discussions of those preparing to comply with the law's repatriation requirements. Section 4 of NAGPRA amends the United States Criminal Code to create the felony offense of illegal trafficking in... |
1992 |
| Rennard Strickland |
Implementing the National Policy of Understanding, Preserving, and Safeguarding the Heritage of Indian Peoples and Native Hawaiians: Human Rights, Sacred Objects, and Cultural Patrimony |
24 Arizona State Law Journal 175 (Spring, 1992) |
During the House debate on the Native American Graves Protection and Repatriation Act (NAGPRA), Congresswoman Patsy Mink of Hawaii stated quite simply the basis of what has become our national policy: Preserving native American and Hawaiian culture is in the interest of all Americans, for these unique cultures are a part of the history and... |
1992 |
| Francis P. McManamon , Larry V. Nordby |
Implementing the Native American Graves Protection and Repatriation Act |
24 Arizona State Law Journal 217 (Spring, 1992) |
I. INTRODUCTION. 218 II. OVERVIEW OF THE NATIVE AMERICAN GRAVES PROTECTION AND PREPATRIATION ACT. 220 III. RESPONSIBLE ORGANIZATIONS. 222 A.Indian Tribes and Native Hawaiian Organizations. 223 B. Museums Receiving Federal Funds. 225 C. Federal Agencies. 227 D. Secretary of the Interior. 227 E. The Native American Graves Protection and... |
1992 |
| Reid Peyton Chambers , John E. Echohawk |
Implementing the Winters Doctrine of Indian Reserved Water Rights: Producing Indian Water and Economic Development Without Injuring Non-indian Water Users? |
27 Gonzaga Law Review 447 (1991/92) |
Indians claim large water rights in the western states, where the arid climate makes water essential for economic development and for the survival of communities in areas with sparse and undependable rainfall. For the most part, these Indian claims to use water have not actually been exercised. While non-Indians irrigate about 46-million acres in... |
1992 |
| Nell Jessup Newton |
Indian Claims in the Courts of the Conqueror |
41 American University Law Review 753 (Spring, 1992) |
Introduction I. True Stories A. Confiscation of Land by Judicial Decree: Mary and Carrie Dann B. Land, Not Money: The Sioux Nation and the Black Hills C. Prove Your Case, and You Can Get Jurisdiction: The Cherokee Nation and the Arkansas River II. Indian Claims A. Special Jurisdictional Statutes B. Indian Claims Commission C. The Tucker Act: The... |
1992 |
| Michael L. Ferch |
Indian Land Rights: an International Approach to Just Compensation |
2 Transnational Law & Contemporary Problems 301 (Spring, 1992) |
I. Introduction. 302 II. The Western View of Property Rights. 305 III. The Indian View of Property Rights. 308 IV. The Meaning of Just Compensation as Applied to Indians: A Case of Different Worlds Colliding. 312 V. The Executive and Legislative Powers to Recognize Indian Title. 313 VI. Indian Property Rights Under the Western Judicial Regime. 315... |
1992 |
| Joseph R. Membrino |
Indian Reserved Water Rights, Federalism and the Trust Responsibility |
27 Land and Water Law Review Rev. 1 (1992) |
On June 26, 1989, an equally divided Supreme Court affirmed the adjudication of reserved rights to the Shoshone and Arapaho Tribes of the Wind River Reservation. While no opinion of the Court accompanied that affirmance, observers appear convinced that the reserved rights doctrine, particularly the quantification measure of practicably irrigable... |
1992 |
| Tina L. Morin |
Indians, Non-indians, and the Endangered Panther; Will the Indian/non-indian Conflict Be Resolved Before the Panther Disappears? |
13 Public Land Law Review 167 (Spring, 1992) |
The majestic Florida panther, Jelis concolor coryi, is a predatory mammal of the subtropics. A male panther roams over a two hundred to three hundred square mile area, while a female panther's range is fifty to one hundred square miles. The panther's historic range stretched from Louisiana and Arizona east to South Carolina and Florida. The Florida... |
1992 |
| Catherine J. Iorns |
Indigenous Peoples and Self Determination: Challenging State Sovereignty |
24 Case Western Reserve Journal of International Law 199 (Spring, 1992) |
Indigenous peoples and their cultures have been attacked since their discovery and colonization. The treatment of indigenous peoples has been so severe that it has been referred to as genocide and as a holocaust. While the particular histories of different indigenous peoples differ, they have in common a history of conquest by another group... |
1992 |
| Mary Ellen Turpel |
Indigenous Peoples' Rights of Political Participation and Self-determination: Recent International Legal Developments and the Continuing Struggle for Recognition |
25 Cornell International Law Journal 579 (Symposium, 1992) |
Introduction It must be recognized that indigenous populations have their own identity rooted in historical factors which outweigh the phenomena of mere solidarity in the face of discrimination and exploitation, and that, by virtue of their very existence, they have a natural and original right to live freely on their own lands. The claims of... |
1992 |
| Curtis G. Berkey |
International Law and Domestic Courts: Enhancing Self-determination for Indigenous Peoples |
5 Harvard Human Rights Journal 65 (Spring, 1992) |
The aspiration of American Indian tribes for self-government increasingly is frustrated by limits on Indian sovereignty imposed by Congress and United States courts. Because domestic United States law offers so little protection, Indian tribes should turn to international human rights law for help in securing the right of self-government against... |
1992 |
| Louis Lowenstein |
Is Speculation "The Essential Native Genius of the Stock Market"? Wall Street. By Walter Werner and Steven T. Smith. New York: Columbia University Press, 1991. Pp. Xi, 306. $35 |
92 Columbia Law Review 232 (January, 1992) |
Stock trading has burgeoned in recent years. Shares listed on the New York Stock Exchange turn over about 70% annually. If we include the trading in various derivative securities, such as options and futures, the turnover rate exceeds 200%. Most of us have forgotten that as recently as 1960, the turnover rate was a mere 14%, so that shareholders as... |
1992 |
| Robin Paul Malloy |
Letters from the Longhouse: Law, Economics and Native American Values |
1992 Wisconsin Law Review 1569 (1992) |
According to Professor Malloy, law and economics can be understood as the study of competing discourses concerning the allocation of scarce resources and political power. In such a process of analysis, discourse and narrative are considered to be complex sign systems. These sign systems can be deconstructed and evaluated for their underlying... |
1992 |
| Paul E. Loving |
Native American Team Names in Athletics: It's Time to Trade These Marks |
13 Loyola of Los Angeles Entertainment Law Journal L.J. 1 (1992) |
The field is almost limitless from which to select words for use as trade-marks, and one who uses debatable marks does so at the peril that his mark may not be entitled to registration. Judge Lenroot During 1991-92, teams with Native American names experienced remarkable on-field success. The Atlanta Braves played in the 1991 and 1992 World Series,... |
1992 |
| Kevin L. Kelly , Melinda A. Maxwell |
Native Americans |
22 Environmental Law 1225 (1992) |
Throughout the history of the United States, Native Americans have consistently struggled to preserve their rights. The Ninth Circuit is one of the most active circuits in the resolution of disputes involving these rights. This Chapter summarizes the Ninth Circuit's 1991 decisions affecting Native Americans, which addressed such diverse issues as... |
1992 |