Joseph O. Gribbin The Glass Eeling: Maine's Glass Eel and Elver Regulations and Their Effects on Maine's Native American Tribes 20 Ocean and Coastal Law Journal 83 (2015) Until recently, elvers and glass eels were not commercially popular aquatic creatures. However, a tsunami and European ban depleted Asian supplies, which rapidly increased the demand for American elvers and glass eels. The increased demand for elvers has driven their price from hundreds of dollars to thousands of dollars per pound. This increased... 2015
Patty Ferguson-Bohnee The History of Indian Voting Rights in Arizona: Overcoming Decades of Voter Suppression 47 Arizona State Law Journal 1099 (Winter 2015) In 2006, Navajo elder Agnes Laughter attempted to vote as she had for over thirty years. Not only was she turned away from the polls, she was berated for not having identification (ID) as required by Arizona's new voter ID law. Ms. Laughter was discouraged and distraught. She did not have a photo ID nor did she have any documents to satisfy... 2015
Geoffrey D. Strommer, Stephen D. Osborne The History, Status, and Future of Tribal Self-governance under the Indian Self-determination and Education Assistance Act 39 American Indian Law Review Rev. 1 (2014-2015) This year marks the 40th anniversary of the Indian Self-Determination and Education Assistance Act of 1975 (ISDEAA), a cornerstone of modern federal Indian policy. In 1988, amendments to the ISDEAA created the Tribal Self-Governance Demonstration Project. By providing a statutory basis for the broader movement of tribal self-governance, this... 2015
Walter Echo-Hawk The Human-rights Era of Federal Indian Law 62-APR Federal Lawyer 32 (April, 2015) What is the future of federal Indian law? The rise of modern Indian nations took place over the past 45 years. During the Indian self-determination era since 1970, hard-fought nation-building advances were achieved within the framework of federal Indian law. It is fitting to commemorate those formative years, especially on the 40th anniversary of... 2015
Jeffrey A. Parness, Amanda Beveroth The Icwa's Pre-existing Custody Requirement: a Flexible Approach to Better Protect the Interests of Indian Fathers, Children, and Tribes 35 Children's Legal Rights Journal 25 (Spring, 2015) The Congress hereby declares that it is the policy of this Nation to protect the best interests of Indian children and to promote the stability and security of Indian tribes and families by the establishment of minimum Federal standards for the removal of Indian children from their families and the placement of such children in foster or adoptive... 2015
Sandip Sukhtankar, Dartmouth College The Impact of Corruption on Consumer Markets: Evidence from the Allocation of Second-generation Wireless Spectrum in India 58 Journal of Law & Economics 75 (February, 2015) Theoretical predictions of the impact of corruption on economic efficiency are ambiguous, with models allowing for positive, negative, or neutral effects. While much evidence exists on levels of corruption, less is available on its impact, particularly its impacts on consumer markets. This paper investigates empirically the effect of the corrupt... 2015
Kathleena Kruck The Indian Child Welfare Act's Waning Power after Adoptive Couple V. Baby Girl 109 Northwestern University Law Review 445 (Winter 2015) In the 1970s, state authorities began removing Indian children from their homes by the thousands and placing them into foster care, institutional housing, and with white families. To counteract this forced assimilation, Congress passed the Indian Child Welfare Act (ICWA) in 1978. The ICWA conferred many powers previously held by the... 2015
Gary J. Bass The Indian Way of Humanitarian Intervention 40 Yale Journal of International Law 227 (Summer 2015) Introduction. 228 I. Pakistan's Claims of Sovereignty. 233 A. Background. 233 B. Pakistan's Argument for Sovereignty. 236 C. Nehruvian Ideology and the Problem of Sovereignty. 238 II. India's Arguments for Humanitarian Intervention. 239 A. The Argument from Human Rights. 244 1. India's Claims. 244 2. The Rhodesian Precedent. 246 3. Results. 249 B.... 2015
Leti Volpp The Indigenous as Alien 5 UC Irvine Law Review 289 (June, 2015) I. Space, Time, Membership. 293 II. Indians As Aliens and Citizens. 300 III. The Political Theory of Forgetting--The Settler's Alibi. 316 2015
Kathryn E. Fort, Peter S. Vicaire The Invisible Families 62-APR Federal Lawyer 40 (April, 2015) There is little written on child welfare Issues as they Involve Native military families. In the recent case of Adoptive Couple v. Baby Girl, the Supreme Court erased them entirely. The federal government, tribes, and states can address issues affecting Native military families in a number of ways, including: Kinship placement in contested... 2015
Guy Charlton The Law of Native American Hunting, Fishing and Gathering Rights Outside of Reservation Boundaries in the United States and Canada 39 Canada-United States Law Journal 68 (2015) This article examines and compares the law of Native American/Aboriginal hunting, fishing and gathering rights in those areas which are located outside of reserved land area in Canada and the United States. The article argues that despite the differing statutory and constitutional traditions, both states' law and policy towards the Native... 2015
Claire Charters The Legitimising Effect of Coordination Between Relevant International Institutions and the Harmonisation of the Rights of Indigenous Peoples 32 Arizona Journal of International and Comparative Law 169 (Symposium, 2015) I. Introduction. 169 II. Legitimacy Explained. 171 III. How Special Rapporteur Anaya Increased the Legitimacy of Indigenous Peoples' Rights Under International Law. 172 A. The Special Rapporteur, the Expert Mechanism, and the Permanent Forum. 173 B. Special Procedures, Human Rights Treaty Bodies, and the Human Rights Council's Universal Periodic... 2015
Jessie Stomski Seim , Jessica Intermill The Nations Within an Indian Law Faq 72-OCT Bench and Bar of Minnesota 18 (October, 2015) Indian law is a complex, difficult, and sometimes contradictory patchwork that varies enormously in substance and application from jurisdiction to jurisdiction. It can seem an impenetrable maze to the outside practitioner; this primer on its history and key principles is designed to serve as an aid to navigation. So you know that Minnesota is the... 2015
Emily Becker The Power of Social Movements and the Limits of Pluralism: Tracing Rastafarianism and Indigenous Resurgence Through Commonwealth Caribbean Law and Culture 43 International Journal of Legal Information 136 (Summer-Winter, 2015) In the post-colonial era, social movements in the Commonwealth Caribbean have empowered citizens to reclaim, redefine and further develop their identity. These movements, combined with a history of colonialism and transatlantic slavery in the region, have yielded a Caribbean culture too diverse to be labeled. Indeed, the Caribbean culture is... 2015
Dr. Morad Elsana The Recognition of Indigenous Peoples' Land: Application of the Customary Land Rights Model on the Arab-bedouin Case in Israel 7 Georgetown Journal of Law & Modern Critical Race Perspectives 45 (Spring, 2015) Inspired by Aboriginal land recognition in Australia, this article introduces the native title doctrine and customary law doctrine as methods for indigenous land recognition, and introduces the application of these methods to the Bedouin case of land conflict. This paper argues that the legal system in Israel includes at least two options that... 2015
Robert T. Coulter The Situation of the Indigenous People of Rapa Nui and International Law: Reflections on Indigenous Peoples and the Ethics of Remediation 13 Santa Clara Journal of International Law 293 (2015) My colleague Leonardo Crippa and I have advised and provided some legal assistance during the past four years to the indigenous people of Rapa Nui, often called Easter Island. This brief account of that situation and the applicable international law relating to indigenous peoples, self-determination, lands, sacred sites, and environmental... 2015
Jasmine Plummer The Yanomami: Illegal Mining, Law, and Indigenous Rights in the Brazilian Amazon 27 Georgetown International Environmental Law Review 479 (Spring, 2015) The Yanomami are one of the largest isolated indigenous tribes in the world. They inhabit the Amazon rainforest, which is under significant pressure from a variety of companies and groups, including illegal miners. Illegal mining has been omnipresent and especially problematic for the Yanomami--the tribe has endured violence, disease, and constant... 2015
Katerina Silcox Thompson V. Fairfax County Department of Family Services: Determining the Best Interests of the Indian Child 10 Liberty University Law Review 141 (Fall, 2015) Children are a gift from the Lord - Psalm 127:3. Remember that your children are not your own, but are lent to you by the Creator. - Mohawk Proverb In the Virginia case of Thompson v. Fairfax County Department of Family Services, the Virginia Court of Appeals declined to recognize the so-called Existing Indian Family Exception (hereinafter... 2015
Jessica Greer Griffith Too Many Gaps, Too Many Fallen Victims: Protecting American Indian Women from Violence on Tribal Lands 36 University of Pennsylvania Journal of International Law 785 (Spring 2015) 1. Introduction. 787 2. Scope of the Problem. 790 3. Overview of Criminal Jurisdiction in Indian Country. 793 3. 1. Federal Jurisdiction in Indian Country. 795 3. 2. Public Law 280 and the Transfer of Jurisdiction in Indian Country to Specific States. 797 3. 3. The Indian Civil Rights Act of 1968. 799 3. 4. Tribal Jurisdiction over Non-Indians. 800... 2015
  Treated Worse than Animals: Women and Girls in Indian Mental Institutions 22 No.1 Human Rights Brief 14 (Spring, 2015) In January 2015, Bollywood actress Deepika Padukone revealed to the press that she has struggled with depression and anxiety. Her disclosure has received praise and sparked a discussion in a society where, according to Ms. Padukone, [t]here is shame and stigma attached to talking about depression. Supporting her assessment is a report released by... 2015
Cynthia Castillo Tribal Courts, Non-indians, and the Right to an Impartial Jury after the 2013 Reauthorization of Vawa 39 American Indian Law Review 311 (2014-2015) In February 2013, Congress passed the Violence Against Women Reauthorization Act of 2013 (VAWA). The previous version of the bill lapsed in 2011 while lawmakers argued over several controversial provisions. One particularly controversial provision of the Act now extends tribal court jurisdiction over non-Indians in cases involving couples living on... 2015
Lorelei Laird Tribal Rights 101-MAY ABA Journal 15 (May, 2015) When South Dakota's Pennington County petitioned to take custody of Madonna Pappan's children, the hearing lasted slightly more than 60 seconds. Pappan and her husband were not permitted to present any evidence supporting their continued custody, according to a subsequent lawsuit. After her husband asked the judge what he was allowed to say in... 2015
Robert T. Anderson Water Rights, Water Quality, and Regulatory Jurisdiction in Indian Country 34 Stanford Environmental Law Journal 195 (September, 2015) In the seminal Indian water rights case, Winters v. United States (1908), the Court posed this question: The Indians had command of the lands and the waters-command of all their beneficial use, whether kept for hunting, and grazing roving herds of stock, or turned to agriculture and the arts of civilization. Did they give up all this? The... 2015
Laura M. Seelau , Ryan Seelau When I Want Your Opinion, I'll Give it to You: How Governments Support the Indigenous Right to Consultation in Theory, but Not in Practice 23 Cardozo Journal of International and Comparative Law 547 (Spring, 2015) I. Introduction. 547 II. Consultation: The International Mechanism to Realize Indigenous Peoples' Rights. 550 III. Background. 553 A. Indigenous Peoples. 553 B. Indigenous Rights Legal Framework in Chile. 555 C. Indigenous Law (Law No. 19.253). 556 D. ILO Convention 169 on Indigenous and Tribal Peoples. 558 E. Decree No. 124. 562 F. Environmental... 2015
Elizabeth Ann Kronk Warner Working to Protect the Seventh Generation: Indigenous Peoples as Agents of Change 13 Santa Clara Journal of International Law 273 (2015) This essay builds on my comments presented in response to Professor Rebecca Tsosie's article at The Environment and Human Rights symposium co-hosted by the Santa Clara Journal of International Law and the Center for Global Law & Policy on January 24 and 25, 2014. Professor Tsosie's presentation and resulting article focus on the ethics of... 2015
Jeanette Wolfley You Gotta Fight for the Right to Vote: Enfranchising Native American Voters 18 University of Pennsylvania Journal of Constitutional Law 265 (October, 2015) Introduction. 266 I. REVIEW OF SHELBY COUNTY AND INTER TRIBAL COUNCIL. 271 A. Shelby County. 271 B. Inter Tribal Council. 274 II. YOU GOTTA FIGHT FOR THE RIGHT . . . TO VOTE. 277 A. Indian Voting Challenges. 277 B. Disparities in Indian Country. 280 III. PROTECTING THE DREAM:THE FUTURE OF NATIVE AMERICAN VOTING RIGHTS IN INDIAN COUNTRY. 284 A.... 2015
Dean B. Suagee A Better Buildings Challenge for Indian Country 29-FALL Natural Resources & Environment 58 (Fall, 2014) What are Indian tribal governments doing to help reduce greenhouse gas (GHG) emissions? I thought there might be some information to answer this question in the recently released National Climate Assessment. Climate Change Impacts in the United States: The Third National Climate Assessment (2014) (Assessment). The Assessment, available at... 2014
Joseph R. Membrino A Brief History of Indian Trust Administration Reform: Will the past Be Prologue? 50 Tulsa Law Review 227 (Summer 2014) If we trace the management of Indian affairs in the Interior Department since 1849, we find much to call for prompt action to remedy existing evils. The Commission on Indian Trust Administration and Reform (Commission) approved its final report on December 10, 2013. Secretary of the Interior Salazar established the Commission by secretarial order... 2014
Daniel K. Lee A Century of Uncertainty and the New Politics of Indian Water Settlements: How Tribes and States Can Overcome the Chilling Effect of the Paygo Act 92 Oregon Law Review 625 (2014) Introduction. 626 I. The Legal Background of Indian Water Rights Settlements. 627 A. The Law of Indian Reserved Water Rights. 628 B. The Trust Duty in Relation to Water Rights. 635 II. The Multilateral Benefits of Indian Water Rights Settlements. 637 III. Indian Water Settlements in the Era of PAYGO. 640 A. Requirements of the PAYGO Act. 640 B.... 2014
Thomas M. Antkowiak A Dark Side of Virtue: the Inter-american Court and Reparations for Indigenous Peoples 25 Duke Journal of Comparative & International Law L. 1 (Fall 2014) INTRODUCTION. 2 I. REMEDIES IN INTERNATIONAL LAW FOR HUMAN RIGHTS VIOLATIONS. 5 A. Overview. 5 B. Remedies for Indigenous Peoples in International Law. 10 II. THE INTER-AMERICAN COURT'S CASE LAW: REPARATIONS FOR INDIGENOUS PEOPLES. 17 A. Introduction. 17 1. Definition and Case Selection. 17 2. The Court's General Criteria for Monetary and... 2014
Dean B. Suagee A Human Rights-based Environmental Remedy for the Legacy of the Allotment Era in Indian Country 29-SUM Natural Resources & Environment Env't 3 (Summer, 2014) In the American constitutional democracy, Indian tribes have long been recognized as having governmental authority over their members and their territory as a matter of federal law. With respect to persons who are not tribal members, however, there is a body of case law holding that such persons are often not subject to tribal authority, especially... 2014
Rohit De A Peripatetic World Court Cosmopolitan Courts, Nationalist Judges and the Indian Appeal to the Privy Council 32 Law and History Review 821 (November, 2014) In early 1943, Lord Wilfred Green, the Master of Rolls and the head of the Chancery Division of the British judiciary, authored a secret memorandum proposing that the Judicial Committee of the Privy Council become a peripatetic court that would travel throughout the British Empire. This article explores the origins and politics of this proposal... 2014
Mark H. Reeves A Rejection of State Efforts to Enforce Gaming Laws on Indian Lands in the Absence of a Tribal-state Compact 9 FIU Law Review 331 (Spring 2014) Ever since the Seminole Tribe of Florida opened the United States' first Indian bingo hall on its reservation lands near Hollywood, Florida on December 14, 1979, state and municipal governments have attempted to assert jurisdiction over and enforce their own laws against gaming activity in Indian country. Such efforts, along with the resulting... 2014
Affie Ellis A Roadmap for Making Native America Safer 37-JUN Wyoming Lawyer 20 (June, 2014) Reading the front page headlines of a recent edition of the Wind River News, which serves the Eastern Shoshone and Northern Arapaho tribes of Wyoming, illustrates this point: Trial set for man accused of assaulting BIA police officer; Arrest made locally in federal murder, sexual assault case; Child's death near Ethete investigated; and Man... 2014
Suzianne D. Painter-Thorne A Strange Kind of Identity Theft: How Competing Definitions of "Indian" May Deny Individual Identity 14 Connecticut Public Interest Law Journal 29 (Fall-Winter, 2014) When I was a little girl, I learned about my family's heritage the same way everyone else does-from my parents and grandparents. My mother, grandmother, and aunts were open about my family's Native American heritage, and I never had any reason to doubt them. What kid asks their grandparents for legal documentation to go along with their family... 2014
Prof. Angelique EagleWoman A Tradition of Excellence in Native American Law at the University of Idaho College of Law 57-OCT Advocate 58 (October, 2014) (Wambdi A. WasteWin) Over the years, the University of Idaho College of Law has offered courses on Native American law topics to prepare law students for legal practice in the state, region, and on the national level. Prior to 2008, courses were offered by such distinguished professors of law such as Emeritus Professor Dennis Colson; Former Interim... 2014
Meredith L. Jewitt A Tradition of Sovereignty: Examining Tribal Sovereign Immunity in Bay Mills Indian Community V. Michigan 9 Duke Journal of Constitutional Law & Public Policy Sidebar 163 (4/9/2014) Tribal sovereign immunity has been a core principle of Indian law and United States-tribal interactions since first contact between European and native peoples. For centuries, this principle has dictated that Indian tribes, like sovereign nations, are immune from legal action as distinct, independent, political communities retaining their original... 2014
Ada Melton, Kimberly Cobb, Adrienne Lindsey, R. Brian Colgan, David J. Melton, American Indian Development Associates, LLC, American Probation and Parole Association, Arizona State University, Center for Applied Behavioral Health Policy, Supervisory Unite Addressing Responsivity Issues with Criminal Justice-involved Native Americans 78-SEP Federal Probation 24 (September, 2014) THE CONCEPTS OF general and specific responsivity are integral elements of the Risk, Needs, Responsivity (RNR) supervision model. Lowenkamp and colleagues (2012) describe what would be entailed to truly individualize the delivery of correctional interventions: Accounting for responsivity requires that the agency vary treatment delivery depending on... 2014
Shreya A. Fadia Adopting "Biology Plus" in Federal Indian Law: Adoptive Couple V. Baby Girl's Refashioning of Icwa's Framework 114 Columbia Law Review 2007 (December, 2014) This Note argues that the Supreme Court's decision in Adoptive Couple v. Baby Girl creates an apparent tension in federal Indian law. The Court's characterization of the broader aims of the Indian Child Welfare Act of 1978 and of biology's role within it appears irreconcilable with previous interpretations of the Act--including the Court's own... 2014
Dustin C. Jones Adoptive Couple V. Baby Girl: the Creation of Second-class Native American Parents under the Indian Child Welfare Act of 1978 32 Law & Inequality: A Journal of Theory and Practice 421 (Summer, 2014) For us as Indians, much is at stake, because it is about nurturing community and culture, while honoring our traditions. After all, we are fond of saying: The children are our future. In June 2013, the U.S. Supreme Court found that an absentee biological Native American father could have his parental rights terminated without triggering the... 2014
Jessica Di Palma Adoptive Couple V. Baby Girl: the Supreme Court's Distorted Interpretation of the Indian Child Welfare Act of 1978 47 Loyola of Los Angeles Law Review 523 (2014) Congress enacted the Indian Child Welfare Act of 1978 (ICWA) to establish federal standards governing state-court child-custody cases involving Indian children. The statute attempted to remedy the unwarranted removal of Indian children from their biological parents by nontribal public and private agencies, by creating minimum Federal standards for... 2014
William L. Iggiagruk Hensley Alaska's Native History 31 Alaska Law Review 169 (December, 2014) I was born in 1941, exactly two hundred years after Bering stumbled onto Alaska down near Seattle. I like to say that because he failed in his first attempt to show that Asia and North American were not connected. All he should have done was just ask our people if they were joined--they weren't. By that time, we had long ago traversed all the way... 2014
Samuel Gottstein An Era of Continued Neglect: Assessing the Impact of Congressional Exemptions for Alaska Natives 55 Boston College Law Review 1253 (September, 2014) Although Native Americans in the contiguous United States have benefited from recent congressional reforms, Alaska Native communities were largely ignored. Despite the widely acknowledged crisis of sexual assault and domestic violence in rural Alaska Native communities, Congress has explicitly exempted Alaska from legislation that would... 2014
Tony Penikett An Unfinished Journey: Arctic Indigenous Rights, Lands, and Jurisdiction? 37 Seattle University Law Review 1127 (Summer, 2014) Yellowknife-Dene political scientist Glen Coulthard sums up the goals of the indigenous rights movement Idle No More as a struggle for land and jurisdiction. Over the last forty years, American and Canadian governments made much progress on the land question in the Arctic and sub-Arctic; however, from an irrational fear of the unknown, politicians... 2014
Russell Del Toro III Application of the Fair Use Limitation Within the Dualist Copyright System: an Argument in Favor of a Flexible Approach to the Public Policy Considerations Native to Issues of Copyright 48 Revista Juridica Universidad Interamericana de Puerto Rico 259 (Agosto-Mayo, 2013-2014) I. Introduction. 260 II. Historical overview of copyright and fair use. 263 III. The dualist approach to fair use. 280 IV. Conclusion. 289 2014
Veronica Gordon Appropriation Without Representation? The Limited Role of Indigenous Groups in Wipo's Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge, and Folklore 16 Vanderbilt Journal of Entertainment and Technology Law 629 (Spring, 2014) The World Intellectual Property Organization's (WIPO) Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge, and Folklore (IGC) is currently engaged in text-based negotiations to develop an international legal instrument, or set of instruments, that will effectively protect traditional knowledge,... 2014
Dwight Newman , Michelle Biddulph , Lorelle Binnion Arctic Energy Development and Best Practices on Consultation with Indigenous Peoples 32 Boston University International Law Journal 449 (Summer 2014) Abstract. 450 I. Introduction. 450 II. Legal Frameworks for Consultation. 456 A. The United States. 457 i. Alaska Native Claims Settlement Act. 457 ii. Environmental Statutes. 461 iii. North Slope Borough. 462 iv. Consultation Policies. 463 B. Canada. 464 i. Land Claims Agreements. 464 a. Northwest Territories. 465 b. Nunavut. 468 c. Yukon. 470 ii.... 2014
Bethany Henneman Artful Pleading Defeats Historic Commitment to American Indians 14 University of Maryland Law Journal of Race, Religion, Gender and Class 142 (Spring 2014) The United States government has specific commitments to federally recognized American Indian tribes through treaties, Congressional Acts, Executive Orders, and Executive Agreements as well as judicially created commitments. One such commitment is the Department of the Interior's responsibility to hold American Indian lands in trust for the benefit... 2014
Hon. Peter J. Herne Best Interests of an Indian Child 86-APR New York State Bar Journal 22 (March/April, 2014) Family law treatises summarize New York's Best Interest of a Child standard as follows: 1. Maintaining stability for the child(ren) 2. Child(ren's) wishes 3. Home environment with each parent 4. Each parent's past performance and relative fitness 5. Each parents ability to guide and provide for child(ren's) overall well-being 6. Each parent's... 2014
Sara Daly Bordering on Discrimination: Effects of Immigration Policies/legislation on Indigenous Peoples in the United States and Mexico 38 American Indian Law Review 157 (2013-2014) Border security and state immigration legislation are issues that many Americans love to hate. By and large, there is little debate about the need for national security measures at the borders. However, when it comes to the implementation of policies that actually attempt border security and immigration enforcement, the end results risk stifling... 2014
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