| Author | Title | Citation | Summary | Year |
| 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 |
| Ghislain Otis |
Individual Choice of Law for Indigenous People in Canada: Reconciling Legal Pluralism with Human Rights? |
8 UC Irvine Law Review 207 (March, 2018) |
Introduction. 207 I. Choice of Law as a Diffusionist Colonial Tool. 210 II. The Protection of Human Rights as a New Justification for Individual Choice. 214 III. Indigenous Governance, Choice of Law, and Human Rights in Canada. 216 Conclusion. 225 |
2018 |
| Julie Yassine |
Ip Rights and Indigenous Rights: Between Commercialization and Humanization of Traditional Knowledge |
20 San Diego International Law Journal 71 (Fall, 2018) |
C1-2Table of Contents I. Introduction. 72 II. Commercialization of Traditional Knowledge. 74 A. Western IP Perception of Traditional Knowledge. 74 1. General Features of IP Law. 75 2. Applying IP Law to Traditional Knowledge. 76 B. Indigenous Groups' Criticism of IP-Based Traditional Knowledge. 78 1. Limited Scope of Protection. 78 2. Lack of... |
2018 |
| Marie-Andrée Denis-Boileau , Marie-Ève Sylvestre |
Ipeelee and the Duty to Resist |
51 U.B.C. Law Review 538 (July, 2018) |
On 7 April 2015, nearly three years to the day following the ruling by the Supreme Court of Canada in R v Ipeelee, the Manitoba Court of Appeal upheld the seven-year prison sentence meted out to John Charlette. John Charlette is a 30-year old Cree man. Born in Flin Flon, Manitoba, he ran away from home at age six to Winnipeg. There, he was picked... |
2018 |
| Julie Davies , Luis Mogollon |
Issonant Voices: Understanding Guatemala's Failure to Amend its Constitution to Recognize Indigenous Law |
25 U.C. Davis Journal of International Law and Policy 69 (Fall, 2018) |
This article seeks to understand Guatemala's continued failure to recognize indigenous law as part of the country's legal system. Indigenous law is a form of customary law comprised of unwritten norms that are accepted and applied by Guatemala's various indigenous populations. Guatemala promised recognition of indigenous law and other reforms to... |
2018 |
| Deborah Kelly |
John H. Haney Director, California Indian Law Association |
40-FEB Los Angeles Lawyer Law. 8 (February, 2018) |
What is the perfect day? Spending time with my wife, running, and playing guitar. Do you play guitar in a band? No, but I sat in for LACBA's Big Band of Barristers. You are one of nearly 19,000 members of the Seminole Nation of Oklahoma. What does that mean to you? My culture means everything to me. Is your family involved in Native American... |
2018 |
| Clyde Ray |
John Marshall, the Native American Cases, and the Idea of Constitutional Nationalism |
26 Journal of Southern Legal History 277 (2018) |
In May 2017, members of a coalition representing thousands of Native Americans across North America gathered in Calgary, Alberta, to sign a declaration reaffirming traditional values of tribal sovereignty and treaty rights. At the heart of the document was an unyielding rejection of the proposed Keystone-XL pipeline, a project that, when completed,... |
2018 |
| Kirsten Matoy Carlson |
Judge Murphy's Indian Law Legacy |
103 Minnesota Law Review 37 (November, 2018) |
Federal Indian law profoundly shapes the daily lives of American Indians. The United States has dealt legally with Indian nations or tribes by treating them as separate sovereign governments since its formation. Before the end of the treaty period in 1871, the United States entered into some 400 treaties with Indian tribes, acknowledging their... |
2018 |
| Jennifer Hendry , Melissa L. Tatum |
Justice for Native Nations: Insights from Legal Pluralism |
60 Arizona Law Review 91 (Spring, 2018) |
This Article makes the case that, despite being underused by U.S. scholars in the field of Indian and Indigenous peoples law, a legally pluralist approach can and does provide vital conceptual insights. Not only does legal pluralism supply an important framework through which to conceptualize and address existing power imbalances between Indian... |
2018 |
| Chandra Murdoch, University of Toronto |
Katrina Jagodinsky, Legal Codes and Talking Trees: Indigenous Women's Sovereignty in the Sonoran and Puget Sound Borderlands, 1854-1946, New Haven: Yale University Press, 2016. Pp. Ix + 352. $30 (Isbn 9780300211689) |
36 Law and History Review 435 (May, 2018) |
In 1864, King S. Woolsey apprehended Lucía Martínez, a Yaqui child who had escaped from the intertribal slave trade in the Sonoran desert. Forced to tend to Woolsey's domestic and sexual demands on his Arizona ranch, Martínez faced a complex web of laws in her long fight to secure freedom for herself and the children she bore there. These laws were... |
2018 |
| |
Learning to Listen: Improving Law Enforcement in Indian Country Through Collaboration and Consultation |
2018 Federal Sentencing Reporter 3371281 (2/1/2018) |
For more than 200 years, the United States Congress has tried to legislatively manage the role and responsibility of federal law enforcement on tribal lands and over tribal members. When federal prosecutors enforced these laws, tribal governments were rarely consulted, tribal sovereignty was largely ignored, and tribal members were rarely able to... |
2018 |
| Tisa Wenger, Associate Professor of American Religious History, Yale University |
Legal Codes and Talking Trees: Indigenous Women's Sovereignty in the Sonoran and Puget Sounds Borderlands, 1854-1946. By Katrina Jagodinsky. New Haven: Yale University Press, 2016. Pp. 352. $40.00 (Cloth). Isbn: 978-0300211689 |
33 Journal of Law and Religion 125 (April, 2018) |
At the heart of this innovative and artfully constructed book are six case studies of Native American women from the cultural and legal borderlands of Arizona and Washington. Bringing together the fields of settler colonial and indigenous studies, U.S. western and borderlands history, and the social history of American law, Katrina Jagodinsky makes... |
2018 |
| Dr. Morad Elsana |
Legal Pluralism and Indigenous Peoples Rights: Challenges in Litigation and Recognition of Indigenous Peoples Rights |
87 University of Cincinnati Law Review 1043 (2018) |
Countries that have succeeded in integrating traditional law into their formal legal systems have found that justice [was] done more effectively .. Rodolfo Stavenhagen This article discusses the contribution of legal pluralism to the recognition of the rights of indigenous peoples. It presents the options (and their shortcomings) of recognizing... |
2018 |
| Kirsten Matoy Carlson |
LOBBYING AS A STRATEGY FOR TRIBAL RESILIENCE |
2018 Brigham Young University Law Review 1159 (2018) |
Indian tribes have endured as separate governments despite the taking of their land, the forced relocation of their people, and the abrogation of their treaty rights. Many threats to tribal existence have stemmed from federal policies aimed at assimilating Indians into mainstream American society. In crafting these policies, members of Congress... |
2018 |
| Madeline Roe Flores |
May the Spirit of Section 106 Yet Prevail?: Recognizing the Environmental Elements of Native American Intangible Cultural Heritage |
92 Tulane Law Review 667 (February, 2018) |
I. Introduction. 668 II. Background. 670 A. Standing Rock Sioux Tribe's Cultural Places and Practices. 670 B. Dakota Access Pipeline. 672 III. U.S. Law Protecting Cultural Heritage. 673 A. National Historic Preservation Act. 673 B. National Environmental Policy Act. 677 IV. Application of U.S. Law. 679 A. Standing Rock Sioux Tribe v. U.S. Army... |
2018 |
| Cassidy Wadsworth Skousen |
Minding the Gap: Improving Parental Involvement to Bridge Education Gaps Between American Indian and Non-indian Students |
2018 Brigham Young University Education and Law Journal 193 (2018) |
The Navajo Tribe dislikes talking about the dead. The tribe refers to such conversation as talking in darkness. Michalyn Steele, a former attorney for the Department of Interior (DOI), learned this when she sat down with Navajo elders to discuss a spate of teenage American Indian suicides within the nation. The youth suicide rate among American... |
2018 |
| Christopher J. Gnaedig |
Mining on Indian Land: It's Not What You Think |
39 Energy Law Journal 547 (2018) |
I. Introduction. 547 II. Background. 548 A. Overview of the Osage Act and its Implications on Mining Operations. 549 B. Factual Background of Osage Wind. 549 1. Previous Litigation. 550 2. Osage Wind's (Mining?) Operations. 551 C. OMC Had Standing to Appeal and Res Judicata Did Not Bar Its Claims.. 552 D. Osage Wind's Crushing and Repurposing of... |
2018 |
| Celine Shirooni |
Native Advertising in Social Media: Is the Ftc's "Reasonable Consumer" Reasonable? |
56 Washington University Journal of Law & Policy 221 (2018) |
An undeniable truth about contemporary society in the United States is that the use of social media has become so prevalent that it now spans across generations. The reliance on and frequent use of this social media has revolutionized the advertisement of products. Advertisement agencies and companies have recognized this shift. Anyone with an... |
2018 |
| Kirsten Mehnert |
Native American Reproductive Health Law--reproductive Justice: the Politics of Healthcare for Native American Women |
14 Journal of Health & Biomedical Law 445 (2018) |
No Money, No People, No Service- Sarah One in four Native American children are born in Indian Health Services (IHS) hospitals. After birth, Native American women are four times more likely to hemorrhage, three times more likely to have gestational diabetes, and preeclampsia occurs twice as often than the national average. On the Pine Ridge... |
2018 |
| Gregory D. Smith |
Native American Tribal Appellate Courts: Underestimated and Overlooked |
19 Journal of Appellate Practice and Process 25 (Spring, 2018) |
The more than 500 federally recognized Native American tribes in the United States operate between 250 and 300 trial courts and more than 150 appellate courts. Although the quality of tribal court systems and the prestige and respect accorded to them all continue to rise, tribal courts still endure occasional condescension by non-tribal jurists.... |
2018 |
| Fred L. Borch, Regimental Historian & Archivist |
Native Americans in the Corps: a Very Short History of Judge Advocates with American Indian Ancestry |
2018-FEB Army Lawyer 45 (February, 2018) |
While Native Americans have been a part of Army history since the Revolutionary War, the Corps has almost no information about Judge Advocates with American Indian ancestry. This very short history seeks to change that situation by identifying three Army lawyers with Indian tribal affiliation. Brigadier General (retired) Thomas S. Tom Walker,... |
2018 |
| Mary Smith |
Native Americans: a Crisis in Health Equity |
43 Human Rights 14 (2018) |
By any measure, health care for Native Americans lags behind other groups, despite a legal obligation on the part of the United States to provide health care to American Indians and Alaska Natives. Native American communities face significant inequity in health care and health status compared to other U.S. populations. Health outcomes for Native... |
2018 |
| M. Alexander Pearl |
Originalism and Indians |
93 Tulane Law Review 269 (December, 2018) |
Indian tribes, in the context of U.S. constitutional theory, do not fit. They are an anomaly in American governmental structure. Tribal governments exist today within the constitutional framework of the United States only by virtue of acrobatic displays of rhetorical legal reasoning and mythologized interpretations of history. Originalist theory... |
2018 |