Madhu Sivaram Muttathil An Indian Perspective on Whistleblowing 36 No.1 ACC Docket 64 (January/February, 2018) Public interest disclosure. In 2004, the Indian government passed the Public Interest Disclosure and Protection of Informers Resolution to provide a mechanism to receive written complaints of any allegation of corruption or the misuse of office by any employee of the federal government or of any corporation or agency controlled by the federal... 2018
Jennifer Gieselman An Invisible Wall: How Language Barriers Block Indigenous Latin American Asylum-seekers 27 Transnational Law & Contemporary Problems 451 (Summer, 2018) I. The Significance of Communication Problems Within U.S. Asylum Procedures. 451 A. An Introduction to the Communication Problem. 451 B. A Brief Background of Indigenous Latin America. 453 C. The U.S. Immigration System and Indigenous Latin America Collide. 456 II. Communication with Customs and Border Protection at Ports of Entry on the Southern... 2018
James D. Diamond An Overview of Practicing American Indian Criminal Law in Federal, State, and Tribal Courts, and an Update about Recent Expansion of Criminal Jurisdiction over non-indians 65-APR Federal Lawyer 18 (April, 2018) As a result of changes in federal law, domestic violence offenders and their defense attorneys are more likely to find themselves or their clients appearing in American Indian tribal courts. This article summarizes the very knotty jurisdictional maze that surrounds criminal law and American Indians or Indian tribes. It explains recent changes in... 2018
Charles Wilkinson At Bears Ears We Can Hear the Voices of Our Ancestors in Every Canyon and on Every Mesa Top: the Creation of the First Native National Monument 50 Arizona State Law Journal 317 (Spring, 2018) On December 28, 2016, President Barack Obama proclaimed the Bears Ears National Monument. It is glory country. This classic Southwestern landscape of canyons, mesas, mountains, and redrock formations is every bit the equal of national parks such as Canyonlands, Arches, Zion, and Capitol Reef. The distinctive Bears Ears Buttes rise to an elevation... 2018
Dr. Bette Jacobs , Mehgan Gallagher , Nicole Heydt , Georgetown University At the Intersection of Health and Justice: How the Health of American Indians and Alaska Natives Is Disproportionately Affected by Disparities in the Criminal Justice System 6 Belmont Law Review 41 (2018) American Indian and Alaska Natives (AI/AN) are a neglected population in the United States. Their health and welfare needs are often swept aside and, because of historical treaty agreements with the United States government, they suffer disparities in the justice system and, consequently, poor health. A deep look into everyday life for an AI/AN... 2018
Connie McCarthy Bait and Switch: Taking Native Species on and off the List Due to Invasive Species 8 Barry University Environmental and Earth Law Journal 95 (2018) Globalization has caused people, products, and wildlife to move across the globe. Globalization impacts our lifestyles on a daily basis. Unknown as to when this cycle began, globalization is defined as an economic system in which raw materials, manufactured goods, intellectual property, and financial transactions flow freely across borders. This... 2018
Halley Petersen Banishment of Non-natives by Alaska Native Tribes: a Response to Alcoholism and Drug Addiction 35 Alaska Law Review 267 (December, 2018) Since 2015, at least a dozen tribal court banishments have been reported in Alaska, mainly involving alleged bootleggers and drug dealers in rural communities. Rural Alaska communities, which are predominantly Alaska Native, face high rates of alcoholism, drug abuse, and related crime. Faced with these drug and alcohol issues and insufficient... 2018
Halley Petersen BANISHMENT OF NON-NATIVES BY ALASKA NATIVE TRIBES: A RESPONSE TO ALCOHOLISM AND DRUG ADDICTION 35 Alaska Law Review 267 (December, 2018) Since 2015, at least a dozen tribal court banishments have been reported in Alaska, mainly involving alleged bootleggers and drug dealers in rural communities. Rural Alaska communities, which are predominantly Alaska Native, face high rates of alcoholism, drug abuse, and related crime. Faced with these drug and alcohol issues and insufficient... 2018
Troy A. Eid Beyond the Dakota Access Pipeline: Working Effectively with Indian Tribes on Energy Projects 49 No.4 ABA Trends 12 (March/April, 2018) The Dakota Access Pipeline (DAPL) is changing how Indian tribes approach infrastructure projects, presenting new risks and opportunities for energy development. DAPL--a $3.8 billion, 1,172-mile crude-oil pipeline--entered service last June after months of construction delays; it now moves half the total daily oil production of North Dakota through... 2018
Jonathan Liljeblad Beyond Transnational Advocacy: Lessons from Engagement of Myanmar Indigenous Peoples with the Un Human Rights Council Universal Periodic Review 43 Vermont Law Review 217 (Winter 2018) On July 21, 2015, the Coalition of Indigenous Peoples in Myanmar/Burma (CIPM), a group representing 24 indigenous rights organizations in Myanmar, announced they were submitting a report to the Universal Periodic Review (UPR) session on Myanmar. The use of the UPR represents an attempt by Myanmar's indigenous groups to address a variety of issues... 2018
Andrew Rome BLACK SNAKE ON THE PERIPHERY: THE DAKOTA ACCESS PIPELINE AND TRIBAL JURISDICTIONAL SOVEREIGNTY 93 North Dakota Law Review 57 (2018) [W]hen one strips away the convoluted statutes, the technical legal complexities, the elaborate collateral proceedings, and the layers upon layers of interrelated orders and opinions from this Court . what remains is the raw, shocking, humiliating truth at the bottom: After all of these years, our government still treats Native American Indians as... 2018
Janie Simms Hipp , Colby D. Duren , Erin Parker Building Indian Country's Future Through Food, Agriculture, Infrastructure, and Economic Development in the 2018 Farm Bill 14 Journal of Food Law & Policy 24 (Spring, 2018) Agriculture is, and has always been, important to Indian Country. According to the data collected by the National Agricultural Statistics Service (NASS) for the most recent Census of Agriculture, there are over 71,947 American Indian and Alaska Native (AIAN) Farmers and Ranchers, working on more than 57 million acres of land, with a market... 2018
Julia Kowalski, North Dakota State University Bureaucratizing Sensitivity: Documents and Expertise in North Indian Antiviolence Counseling 41 PoLAR: Political and Legal Anthropology Review 108 (May, 2018) Following transnational legal standards, India's antidomestic violence legislation is designed to sensitize the state to gendered violence by appointing nongovernmental organizations to help plaintiffs document abuse. Drawing on fieldwork at a family counseling center in Rajasthan, I show that staff balanced their roles as family counselors and... 2018
  Chapter 19 • Native American Resources 2018 ABA Environment, Energy, and Resources Law: The Year in Review 207 (2018) On November 27, 2018, the United States Supreme Court heard oral arguments in a case questioning whether the United States had ever disestablished the Muscogee (Creek) Nation's reservation in Oklahoma. The case concerned Dwayne Murphy, an enrolled member of the Muscogee (Creek) Nation, who was convicted of murder and sentenced to death following an... 2018
Grant Christensen Civil Rights Notes: American Indians and Banishment, Jury Trials, and the Doctrine of Lenity 27 William & Mary Bill of Rights Journal 363 (December, 2018) If we fight for civil liberties for our side, we show that we believe not in civil liberties but in our side. But when those of us who never were Indians and never expect to be Indians fight for the cause of Indian self-government, we are fighting for something that is not limited by the accidents of race and creed and birth; we are fighting for .... 2018
Lacey K. Reimer Climate Change and the Arctic: Ideas for How the United States and Canada Can Protect Their Arctic Indigenous Peoples 28 Transnational Law & Contemporary Problems 233 (Winter 2018) I. 233 II. Background. 235 A. Climate Change: Impact on the Arctic. 236 B. Impact of Climate Change on Arctic Indigenous Peoples in the United States and Canada. 237 III. United States Case Study: League of Conservation Voters v. Trump. 240 IV. Canada Case Study: Clyde River (Hamlet) v. Petroleum Geo-Services. 242 V. United States Judicial... 2018
Jenny B. Davis Community Contribution 104-MAR ABA Journal 12 (March, 2018) THE CHALLENGES FACING LITIGANTS in Chief Judge Abby Abinanti's court are great: poverty, geographic isolation, addiction and a legacy of occupation and oppression. Yet there is hope. And success. Abinanti presides over the Yurok Tribal Court in Klamath, California, and her community-based, restorative approach to justice, along with initiatives she... 2018
Michalyn Steele Congressional Power and Sovereignty in Indian Affairs 2018 Utah Law Review 307 (2018) The doctrine of inherent tribal sovereignty--that tribes retain aboriginal sovereign governing power over people and territory--is under perpetual assault. Despite two centuries of precedential foundation, the doctrine must be defended afresh with each attack. Opponents of the doctrine of tribal sovereignty express skepticism of the doctrine,... 2018
Anne Perry Conquering Injustice: an Analysis of Sexual Violence in Indian Country and the Oliphant Gap in Tribal Jurisdiction 65-APR Federal Lawyer 52 (April, 2018) The prevalence of non-Indian crime on today's reservations . [has] little relevance to the principles which lead us to conclude that Indian tribes do not have inherent jurisdiction to try and to punish non-Indians. But this one--my father teased a particularly disgusting bit of sludge from the pile with the edge of his fork--this one is the one... 2018
Marina Brilman Consenting to Dispossession: the Problematic Heritage and Complex Future of Consultation and Consent of Indigenous Peoples 49 Columbia Human Rights Law Review Rev. 1 (Winter, 2018) C1-2Table of Contents Introduction. 2 I. Tracing the Heritage of the Concept of Consent. 8 A. Consultation and Consent as Concepts Preserving Problems. 8 B. Land Lying Waste: Cultivating Industriousness and Civilizing Savages. 10 C. Consenting to Dispossession: Paying the Price for Recognition. 13 II. Three Current Spaces of Debate. 15 A. The... 2018
Tarah Bailey Consultation with American Indian Tribes: Resolving Ambiguity and Inconsistency in Government-to-government Relations 29 Colorado Natural Resources, Energy & Environmental Law Review 195 (Winter, 2018) As the salmon disappear, so do our tribal cultures and treaty rights. We are at a crossroads and we are running out of time. -Billy Frank Jr. C1-2Table of Contents Introduction. 196 I. The Dakota Access Pipeline. 197 II. The Tribal Trust Doctrine. 202 III. Tribal Lawsuit and Concerns. 203 IV. History of the Great Sioux Nation. 207 V. Tribal... 2018
Michalyn Steele Cultivating Professional Identity and Resilience Through the Study of Federal Indian Law 2018 Brigham Young University Law Review 1429 (2018) C1-2Contents I. Introduction. 1429 II. Professional Identity Formation and the Study of Federal Indian Law. 1433 A. Commitment to Others. 1436 B. The Basics of Good Judgment to Help Clients. 1440 C. Cross-Cultural Competency. 1442 III. Cultivating Resilience Through the Study of Federal Indian Law. 1445 IV. Conclusion. 1448 2018
Samuel Pokross Dramatically Altered the Legal Landscape? City of Sherrill V. Oneida Indian Nation in the Lower Courts 43 American Indian Law Review 243 (2018) C1-2Table of Contents Introduction. 243 I. City of Sherrill v. Oneida Indian Nation. 248 II. Applications of Sherrill in the Lower Courts. 255 A. Tribal Land Claims. 255 1. The Second Circuit's Inherent Disruption Rule. 255 2. Other Courts. 263 B. Sovereignty. 266 1. Casino Disputes in New York. 266 2. Reservation Diminishment. 268 3. Hunting and... 2018
Krishnamurthy Subramanian, William Megginson, Indian School of Business, University of Oklahoma Employment Protection Laws and Privatization 61 Journal of Law & Economics 97 (February, 2018) Is privatization in a country related to the stringency of its employment protection laws (EPLs)--and, if so, how? We address these questions using privatization deals in 14 European countries over 3 decades and the changes in EPLs in a country. Using traditional difference-in-differences tests exploiting major changes and generalized... 2018
Carlie Smith Establishing Paternity under the Indian Child Welfare Act 2018 Brigham Young University Law Review 1451 (2018) C1-2Contents I. Introduction. 1451 II. Historical Background. 1455 A. Mississippi Band of Choctaw Indians v. Holyfield. 1458 B. Adoptive Couple v. Baby Girl. 1460 C. BIA Guidelines. 1461 III. Three Standards for Establishing Paternity. 1463 A. State Law Standard. 1464 B. Federal Law Standard. 1469 C. Imperfectly Fulfilled State Law Standard. 1474... 2018
Greg S. Keogh Extending Tribal Criminal Jurisdiction Outside of Indian Country: Kelsey V. Pope 43 American Indian Law Review 223 (2018) The inherent sovereignty of American Indian tribes, such as the Little River Band of Ottawa Indians, was recognized long before the founding of the United States. In fact, Indian tribal governments are some of the earliest governments in the world. However, the powers and authorities intertwined with inherent sovereignty are neither established nor... 2018
Jessica Barton Federal Indian Law--first Circuit Court of Appeals Clarifies Penobscot Nation's Reservation Boundary--penobscot Nation V. Mills, 861 F.3d 324 (1st Cir. 2017) 6 Suffolk University Law Review Online Online 8 (2018) The principles of Federal Indian law developed to address the unique relationship and history between the United States federal government and the Native American people, nations, and tribes. In Penobscot Nation v. Mills, the First Circuit Court of Appeals examined the Maine Indian Claims Settlement Act (MICSA) and the Maine Implementing Act (MIA),... 2018
Christian Termyn Federal Indian Reserved Water Rights and the No Harm Rule 43 Columbia Journal of Environmental Law 533 (2018) I. Introduction. 534 II. Background. 536 A. Prior Appropriation Doctrine. 537 B. Indian Reserved Water Rights. 538 C. Water Rights Decision-Making. 543 III. Permissible End Uses for Indian Reserved Water Rights. 547 IV. Changing the Character of Use for Reserved Rights. 552 A. State Law Change of Use Restrictions: The No Harm Rule. 553 B. Indian... 2018
Lauren Butterly Fishing for Rights: the Water-food Nexus and Indigenous Fishing in Australia's Northern Territory 59 Jurimetrics Journal 43 (Fall, 2018) This Article explores the water-food nexus in relation to Indigenous rights to the sea in Australia's Northern Territory. The Northern Territory is a useful case study, because there is a High Court of Australia case that gives conceptual space to explore this issue where Indigenous rights to parts of the coastal sea are strong. Part I... 2018
Taylor Ledford Foundations of Sand: Justice Thomas's Critique of the Indian Plenary Power Doctrine 43 American Indian Law Review 167 (2018) The federal government of the United States is one of enumerated powers. There appears, however, to be a glaring exception to this rule when the federal government regulates Indians. In this area, Congress possesses [p]lenary authority over tribal affairs, an authority not drawn from the Constitution. Since the Supreme Court declared this power... 2018
Catherine L. Evans Heart of Ice: Indigenous Defendants and Colonial Law in the Canadian North-west 36 Law and History Review 199 (May, 2018) You thought the national flag was about a leaf, didn't you? Look harder. It's where someone got axed in the snow. Margaret Atwood, Strange Things: The Malevolent North in Canadian Literature (Oxford: Clarendon Press, 1995), 12. On September 25, 1885, Charles Borromée Rouleau, a French Canadian stipendiary magistrate, tried three Cree men for... 2018
Valentina Vadi Heritage, Power, and Destiny: the Protection of Indigenous Heritage in International Investment Law and Arbitration 50 George Washington International Law Review 725 (2018) Won't you help to sing These songs of freedom? . None but ourselves can free our minds. This Article explores the clash between investors' rights and Indigenous peoples' rights in international investment law and arbitration. It contributes to the existing literature by highlighting the power differentials among different state and non-state... 2018
Kathryn Moynihan How Navajo Nation V. Urban Outfitters Illustrates the Failure of Intellectual Property Law to Protect Native American Cultural Property 19 Rutgers Race & the Law Review 51 (2018) This note examines the decision put forth in Navajo Nation v. Urban Outfitters regarding the Navajo Nation's claim of trademark dilution. Within this analysis, I analyze the history of Navajo weaving in American popular culture, the trademark laws that apply to the case, and how these laws fail to adequately address the needs of Native American... 2018
Morgan Medders How the Ninth Circuit Severed the Indian Civil Rights Act from Federal Habeas Corpus Precedent under the Guise of Tribal Sovereignty 42 American Indian Law Review 423 (2018) Two competing interests dominate the interplay between federal Indian law and individual civil rights. On one hand, the U.S. government uplifts tribal sovereignty and recognizes the importance of tribal self-governance, and nowhere is this more special than setting the guidelines for tribal membership. On the other hand, the individual liberties... 2018
Shae Weathersbee How the Trump Administration Can Inform its Indian Land Policies in Light of Historical Breakdowns 42 American Indian Law Review 315 (2018) Before President Donald J. Trump had been sworn in, rumors began floating around that Trump's administration planned on privatizing Indian lands. An initial news article indicated that advisors to Trump were pushing this policy to allow for more lucrative oil extraction, an idea that spun internet-users into debates. In the first two years of the... 2018
M. Alexander Pearl Human Rights, Indigenous Peoples, and the Global Climate Crisis 53 Wake Forest Law Review 713 (Fall, 2018) We are standing alone to try and survive. --Lucy Adams, a Kivalina elder The social conflict that will erupt in the forests, should our peoples have no rights to defend themselves, will exact tremendous economic harm, as our forests are our homes, our lives, our culture, and the heart of our spirituality. We will not go quietly, and neither... 2018
Matthew Gonnella If You Are Not at the Table, Then You Are Probably on the Menu: Indigenous Peoples' Participatory Status at the United Nations 41 Suffolk Transnational Law Review 145 (Winter, 2018) All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. Even though self-determination is considered a fundamental right under international law, as more indigenous peoples assert their right to self-determination,... 2018
Reid Peyton Chambers Implementing the Federal Trust Responsibility to Indians after President Nixon's 1970 Message to Congress on Indian Affairs: Reminiscences of Reid Peyton Chambers 53 Tulsa Law Review 395 (Spring, 2018) C1-2Table of Contents I. Introduction. 396 A. My Interview for the Job. 396 B. The Directions Solicitor Frizzell Set for the Indian Division. 398 C. President Nixon's Message to Congress on Indian Affairs. 399 II. State Jurisdiction over Indians. 404 A. Bryan v. Itasca County. 406 B. Menominee Restoration. 407 C. Rancheria Termination Cases. 408 D.... 2018
  Income from Selling Gravel Not Exempt under Seneca Indian Treaties 100 Practical Tax Strategies 43 (April, 2018) In Perkins, 150 TC No. 6 (2018), the Tax Court analyzed two treaties with the Seneca Indian Nation and determined that income earned by a Seneca Indian from selling gravel mined on Seneca land was not exempt from taxation under those treaties. The taxpayers, Mr. and Mrs. Perkins, enrolled members of the Seneca Nation, removed gravel from Seneca... 2018
Allison Elder Indian as a Political Classification: Reading the Tribe Back into the Indian Child Welfare Act 13 Northwestern Journal of Law & Social Policy 410 (Spring, 2018) In the summer of 2018, the Ninth Circuit will consider an appeal from the dismissal of a constitutional challenge to the Indian Child Welfare Act (ICWA). Brought by a conservative think-tank, this case frames the ICWA as race-based legislation, violating equal protection by depriving Indian children of the same procedures as non-Indian children in... 2018
Lorelei Laird Indian Boundaries 104-SEP ABA Journal 18 (September, 2018) Patrick Murphy doesn't deny participating in the murder and mutilation of George Jacobs in 1999. On a drunken afternoon back then, Murphy and two friends waylaid Jacobs and his cousin as they passed each other in cars on a road in rural Mcintosh County, Oklahoma. After ordering the cousin away, they cut off Jacobs' genitals and slit his throat,... 2018
John Hayden Dossett Indian Country and the Territory Clause: Washington's Promise at the Framing 68 American University Law Review 205 (October, 2018) This Article explores the Territory Clause, Article IV, Section 3, as a source of power for federal laws in Indian country, as defined at 18 U.S.C § 1151. In contrast to plenary power doctrine, the Territory Clause offers a textual source of authority to regulate matters unrelated to commerce, such as criminal jurisdiction, in Indian country.... 2018
Joseph William Singer Indian Nations and the Constitution 70 Maine Law Review 199 (2018) I. Introduction II. Why Do Indian Nations Matter? III. How Does the Constitution Protect Indian Nations? IV. How Does the Constitution Oppress Indian Nations? V. How Can We Minimize the Injustices of Conquest? This Constitution Day speech focuses on how the Constitution has been interpreted both to protect and to undermine the sovereignty of Indian... 2018
Prv Raghavan Indian Transfer Pricing-some Basics 29 Journal of International Taxation 56 (February, 2018) India's transfer pricing regulations are in Chapter X of the Income Tax Act, 1961 (ITA), sections 92-92F. The various procedural aspects are governed by rule 10A to 10THD of the Income Tax Rules, 1962. Indian transfer pricing was drafted essentially for transactions with foreign associated enterprises (AEs) and international transactions but was... 2018
Julie A. Davies Indigenous Law in Central America: a Key to Improving Life and Justice 2018 Michigan State Law Review 673 (2018) Indigenous law provides accessible and expeditious dispute resolution in certain regions of Central and South America. Its focus is achieving solutions to a wide variety of problems through consultation and consensus in a manner that restores the harmony of the community. Sanctions, where applicable, seek to reintegrate and reorient the recipient... 2018
Morad Elsana Indigenous Peoples' Land: the Case of Bedouin Land in Israel 49 California Western International Law Journal 61 (Fall, 2018) C1-2Table of Contents Introduction. 62 I. Background. 62 II. Land Expropriation. 63 A. Sedentarization Policy and Land Expropriation. 65 B. House Demolitions. 66 C. Economy and Government. 68 III. Dispossession of Bedouins From Their Land. 69 A. Executive Level. 69 B. Legislative Level. 70 C. Judicial Level. 70 1. The Alhawashelah Precedent in the... 2018
Hannah White Indigenous Peoples, the International Trend Toward Legal Personhood for Nature, and the United States 43 American Indian Law Review 129 (2018) The struggle between different people groups over valuable lands is one that pervades all times, places, and cultures. Many indigenous groups have deep cultural and spiritual connections to their traditionally inhabited lands, as well as the associated natural resources that have sustained their lives and those of their ancestors. For this reason,... 2018
Robert T. Anderson Indigenous Rights to Water & Environmental Protection 53 Harvard Civil Rights-Civil Liberties Law Review 337 (Fall, 2018) C1-2Table of Contents Introduction. 337 I. Origins of the Federal-Tribal Relationship. 339 II. Implied Rights to Water and Environmental Protection. 346 A. Reservations of Tribal Homelands Include Water Rights. 347 B. The Implied Right to Environmental Protection. 353 III. An Implied Right to Environmental Protection Supports the Ability of Indian... 2018
Jason Robison , Barbara Cosens , Sue Jackson , Kelsey Leonard , Daniel McCool Indigenous Water Justice 22 Lewis & Clark Law Review 841 (2018) Indigenous Peoples are struggling for water justice across the globe. These struggles stem from centuries-long, ongoing colonial legacies and hold profound significance for Indigenous Peoples' socioeconomic development, cultural identity, and political autonomy and external relations within nation-states. Ultimately, Indigenous Peoples' right to... 2018
Laura Martinez Indigenous Women in Latin America: an Effort for Human Rights 46 Denver Journal of International Law and Policy 243 (Spring, 2018) The twentieth-century change in perspective of the individual under international law has led to an increase in the rights of the individual, particularly fundamental human rights. Belief in the existence of human rights replaced the legal positivism that had taken hold for the past few centuries. The horrors of the twentieth century's wars and the... 2018
4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21