JoAnne L. Dunec Braiding Sweetgrass: Indigenous Wisdom, Scientific Knowledge, and the Teachings of Plants Robin Wall Kimmerer Milkweed Editions, 2013 28-WTR Natural Resources & Environment 61 (Winter, 2014) Braiding Sweetgrass is an exploration of scientific principles and indigenous thinking. The author, a trained botanist, is an enrolled member of the Citizen Potawatomi Nation and a SUNY Distinguished Teaching Professor of Environmental Biology. She introduces us to sweetgrass, Hierorochloe odorata, which, according to the author, means the... 2014
Blake A. Watson Buying West Florida from the Indians: the Forbes Purchase and Mitchel V. United States (1835) 9 FIU Law Review 361 (Spring 2014) In 1773 and 1775, a handful of individuals purchased lands, located in present-day Illinois and Indiana, from the Illinois Confederacy and the Piankeshaw Indians. The United States Supreme Court, however, disallowed the private sales in Johnson and Graham's Lessee v. McIntosh (1823). Chief Justice John Marshall announced in Johnson that the... 2014
Greg Boos , Greg McLawsen , Heather Fathali Canadian Indians, Inuit, Métis, and Métis: an Exploration of the Unparalleled Rights Enjoyed by American Indians Born in Canada to Freely Access the United States 4 Seattle Journal of Environmental Law 343 (2014) C1-2Table of Contents I. History. 346 A. The War of 1812 and Continuing Validity of Jay Treaty Rights. 347 B. A Determination Based on Racial Considerations. 351 C. No Reciprocal Right to Enter Canada. 354 II. Eligibility. 359 A. Scope. 359 1. Dependents. 361 2. Bloodline Exemption for pre-INA Entrants. 361 B. Indian, Inuit, Métis, and Métis. 362... 2014
Babafemi Odunsi Chapter 13 Crime Detection and the Psychic Witness in America: an Allegory for Re-appraising Indigenous African Criminology 29 IUS Gentium 265 (2014) . Do not believe in anything, merely on the authority of your teachers and elders. Do not believe in traditions because they have been handed down for many generations. But after observation and analysis, when you find that anything agrees with reason and is conducive to the benefit of one and all, then accept it and live up to it. (Buddha in... 2014
  Chapter 18 • Native American Resources 2014 ABA Environment, Energy, and Resources Law: The Year in Review 178 (2014) On May 27, 2014, the Supreme Court, in a 5-4 decision, held that the Bay Mills Indian Community was protected by tribal sovereign immunity from Michigan's action to enjoin it from building a casino on off-reservation trust land. The Court ruled that, while Congress expressly abrogated tribal sovereign immunity for the regulation of on-reservation... 2014
Josh Merrill Climate Change and its Effect on Indigenous Peoples of the Southwest 38 American Indian Law Review 225 (2013-2014) Climate change is no longer a topic relegated to the corners of science. The legal field has been forced to confront the phenomenon as the Supreme Court of the United States has recognized this issue in many recent cases. In one of the more widely discussed opinions concerning climate change, Justice Stevens wrote for the majority: The harms... 2014
Shefali Singh Closing the Gap of Justice: Providing Protection for Native American Women Through the Special Domestic Violence Criminal Jurisdiction Provision of Vawa 28 Columbia Journal of Gender and Law 197 (2014) Soon after Native American Diane Millich and her non-Indian husband got married, they moved into her home, located on the Southern Ute Indian reservation where she grew up. Millich's husband began routinely abusing her, and within a year she suffered more than 100 incidents of being slapped, kicked, punched and living in terror[.] Millich made... 2014
Paola Solano Colombia's Herbicide Spraying in the Crucible Between Indigenous Rights, Environmental Law and State Security 9 Intercultural Human Rights Law Review 271 (2014) For many years Colombia has struggled with eradicating illicit narcotic crops. Spraying coca and poppy crops aerially with chemical herbicides has been one of Colombia's strategies. However, this practice has resulted in serious violations of human and environmental rights. Because the herbicides were aerially sprayed at locations near, at and... 2014
  Comment Sought on Approaches to Permitting Oil and Gas Minor Sources in Indian Country 24 No.5 Air Pollution Consultant 2.10 (2014) In a June 5, 2014 advance notice of proposed rulemaking (79 FR 32502-32521), EPA sought comment on how best to issue minor source new source review (NSR) permits for oil and gas production industry sources located in Indian country. Because of the large number of sources involved, the agency is seeking to streamline the process and avoid issuing... 2014
Michalyn Steele Comparative Institutional Competency and Sovereignty in Indian Affairs 85 University of Colorado Law Review 759 (Summer 2014) While vigorous debate surrounds the proper scope and ambit of inherent tribal authority, there remains a critical antecedent question: whether Congress or the courts are ultimately best situated to define the contours of inherent tribal authority. In February 2013, Congress enacted controversial tribal jurisdiction provisions as part of the... 2014
Caroline Joan S. Picart Cross-cultural Negotiations and International Intellectual Property Law: Attempts to Work Across Cultural Clashes Between Indigenous Peoples and Majoritarian Cultures 23 Southern California Interdisciplinary Law Journal 37 (Winter, 2014) This Article characterizes the paradigmatic nature of culture. The underlying method of this Article is autoethnographic, and it deals with the particular cultural clashes occurring between indigenous peoples and majoritarian cultures. Geert Hofstede and his co-authors employ a cultural rubric of individualism versus communitarianism to sketch the... 2014
Berta Esperanza Hernández-Truyol Culture Clashes: Indigenous Populations and Globalization--the Case of Belo Monte 12 Seattle Journal for Social Justice 775 (Spring, 2014) This work utilizes the example of a current concern-the construction of the Belo Monte dam in Brazil--to show the potentially devastating impact on Indigenous populations of globalization or mondialisation. The dam's construction will be financed mostly with public funds and will be built by a consortium of public and private actors. Belo Monte... 2014
Ann Piccard Death by Boarding School: "The Last Acceptable Racism" and the United States' Genocide of Native Americans 49 Gonzaga Law Review 137 (2013-2014) For the survivor who chooses to testify, it is clear: His duty is to bear witness for the dead and for the living. He has no right to deprive future generations of a past that belongs to our collective memory. To forget would be not only dangerous but also offensive; to forget the dead would be akin to killing them a second time. I. Introduction.... 2014
David Coventry Smith , Partner, Kilpatrick Townsend and Stockton LLP Defending Indian Lands after Carcieri 2014 Aspatore 2326354 (April, 2014) The majority of Americans live in the misguided belief that depriving Indians of the ownership, use, and benefit of their lands was merely an unfortunate episode in American history, an artifact of a racist past. However, the fact remains that the challenges facing Indian nations in maintaining the sovereign right to control their own lands is no... 2014
Rick Kurnit Defining Native Advertising 30-FALL Communications Lawyer Law. 1 (Fall, 2014) Advertising generally is a paid insertion of a brand's message into content published by another party. Any paid media insertion has to conform to the physical limits and requirements of the medium into which it is placed. Good advertising is compatible with the medium and adjacent content, and it engages and serves the relevant audience. New... 2014
  Epa Lacked Authority to Displace Oklahoma Sip in Non-reservation Indian Country 24 No.3 Air Pollution Consultant 3.7 (2014) In a January 17, 2014 decision, the U.S. Court of Appeals for the District of Columbia Circuit (DC Circuit Court) held that EPA lacked authority to implement a federal implementation plan (FIP) in portions of Indian country outside established reservations (Oklahoma Department of Environmental Quality v. EPA, No. 11-1307 [D.C. Cir. Jan. 17, 2014].... 2014
Winter King , Partner, Shute Mihaly & Weinberger LLP Eviction of Non-members from Indian Land: the Jurisdictional Maze of Public Law 280 and Strategies for Successful Enforcement 2014 Aspatore 2326360 (April, 2014) There may be no better test of tribal-state relations than how their courts and law enforcement officers work together in the gray jurisdictional area that governs evictions of non-Indians from tribal lands. This coordination becomes even more important, and complicated, in Public Law 280 states. Congress has assigned each sovereign a different... 2014
Victoria Sweet Extracting More than Resources: Human Security and Arctic Indigenous Women 37 Seattle University Law Review 1157 (Summer, 2014) The circumpolar Arctic region is at the forefront of rapid change, and with change come concerns regarding potential security threats. Security is an ever-changing, dynamic issue. Numerous factors determine what makes a state, a community, or an individual feel secure or insecure. For example, while extractive industry development can bring... 2014
Samuel E. Ennis , Caroline P. Mayhew Federal Indian Law and Tribal Criminal Justice in the Self-determination Era 38 American Indian Law Review 421 (2013-2014) On March 7, 2013, President Obama signed into law the Violence Against Women Reauthorization Act of 2013 (VAWA). Section 904 of the VAWA expressly affirmed Indian tribes' inherent criminal jurisdiction over non-Indians for crimes of domestic violence or dating violence, as well as criminal violations of certain protection orders that occur in... 2014
  Federal Indian Law--tribal Sovereign Immunity-- Michigan V. Bay Mills Indian Community 128 Harvard Law Review 301 (November, 2014) Courts have long held that Native American governments enjoy tribal sovereign immunity from suit, subject only to Congress's plenary authority. Sixteen years ago, in Kiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc., the Supreme Court affirmed that tribes retain sovereign immunity when engaged in off-reservation commercial activity.... 2014
Brandon Byers Federal Question Jurisdiction and Indian Tribes: the Second Circuit Closes the Courthouse Doors in New York V. Shinnecock Indian Nation 82 University of Cincinnati Law Review 901 (Spring, 2014) Most construction projects require permits from the local municipality. Some require additional permits from the state. The Westwoods Casino Project in Southampton, New York, the subject of New York v. Shinnecock Indian Nation, required no such permits. At least that was what the project's developer, the Shinnecock Indian Nation (the Shinnecock or... 2014
  Federal Task Force Appointed on Native American Children Exposed to Violence 33 No.5 Child Law Practice 128 (May, 2014) At the 2013 White House Tribal Nations Conference, Attorney General Eric Holder announced the new Attorney General's Task Force on American Indian and Alaska Native Children Exposed to Violence. This task force is anchored by a federal working group that includes U.S. Attorneys and officials from the Departments of the Interior and Justice and an... 2014
Tess Johnson Fencing the Buffalo: Off-reservation Gaming and Possible Amendments to Section 20 of the Indian Gaming Regulatory Act 5 UNLV Gaming Law Journal 101 (Spring 2014) Gaming is for many isolated, neglected and destitute Native Americans the modern version of the myth of survival, called by some the White Buffalo. Tribal gaming has frequently been compared to the buffalo as it has successfully fed, clothed, and sheltered numerous tribal communities, and generally improved the quality of life on many... 2014
Marren Sanders Genomic Research in Indian Country: the New Road to Termination? 39 Oklahoma City University Law Review Rev. 1 (Spring 2014) Unless you're one of the first Americans, a Native American, you came from someplace else. Somebody brought you. As the 2012 presidential election approached, political-figure parodies popped up all over the Internet. One website,, featured a picture of Republican hopefuls, Rick Santorum, Mitt Romney, and Newt... 2014
Carrie E. Garrow Government Law and Policy and the Indian Child Welfare Act 86-APR New York State Bar Journal 10 (March/April, 2014) Since the formation of the United States, Indian nations and Indian people have been impacted by the numerous laws and policies focused on acquisition of Indian lands and assimilation of Indian people. These federal laws and policies led to states, such as New York, breaking up Indian families and removing Indian children from their homes in order... 2014
Allyson Manny Hon. Elizabeth Ann Kronk Warner Acting Chief Judge, Sault Ste. Marie Tribe of Chippewa Indians Court of Appeals 61-APR Federal Lawyer 26 (April, 2014) In 2008, the Hon. Elizabeth Kronk Warner was appointed as an appellate judge for the Sault Ste. Marie Tribe of Chippewa Indians. Later the same year, she was named chief judge of the Sault Ste. Marie Court of Appeals. She served in this role from 2008 to 2012, when she was reappointed to the Sault Ste. Marie Court Appeals as an appellate judge for... 2014
Wendy A. Church Hon. Theresa M. Pouley Chief Judge, Tulalip Tribal Court Tulalip Indian Reservation, Tulalip, Wash. 61-APR Federal Lawyer 20 (April, 2014) At the diminutive stature of 52, Chief Judge Theresa M. Pouley effortlessly takes command of any room, whether it is filled with White House officials, members of Congress, or anxious high schoolers visiting the Tulalip Tribal Court. Passion, conviction, and a strong presence exude from her when speaking on the topic of Indian law, the impact it... 2014
M. Alexander Pearl How to Be an Authentic Indian 5 California Law Review Circuit 392 (November, 2014) As you are all certainly aware of by now, image is everything. That is particularly true for us tribal people (or Native Americans as the bleeding- heart whiteskins are always so careful to say). Image is pretty much all we have left these days. The land is gone. The money is gone. The treaty rights are gone. And now, the cornerstone of our image... 2014
Molly Feiden , Madeline Gottlieb , Alan Krupnick , Nathan Richardson Hydraulic Fracturing on Federal and Indian Lands: an Analysis of the Bureau of Land Management's Revised Proposed Rule 29 Journal of Land Use & Environmental Law 337 (Spring, 2014) The federal government controls 700 million acres of subsurface rights (plus fifty-six million subsurface acres of Indian mineral estate) across twenty-four states, making it the largest landowner in the nation, and thus putting it in a position to negotiate lease terms and shape regulations of oil and gas development. The rules of the federal... 2014
Katherine M. Davis I, Too, Sing America: Customary International Law for American State and Federal Courts' Post-kiobel Jurisprudence, Guided by Australian and Indian Experiences 29 Emory International Law Review 119 (2014) In the excitement of the wake of the United States Supreme Court's 2013 Kiobel v. Royal Dutch Petroleum Co. decision, one less-addressed matter is the unresolved status of customary international law in American courts. This Comment highlights a lack of literature engaging comparative study of federally structured nations' experiences implementing... 2014
Philip H. Tinker In Search of a Civil Solution: Tribal Authority to Regulate Nonmember Conduct in Indian Country 50 Tulsa Law Review 193 (Summer 2014) I. Introduction. 194 A. 194 B. Background. 194 II. Tribal Jurisdiction over Non-Members. 198 A. Indian Lands or Fee Lands. 199 B. The First Montana Exception: Consensual Relations. 202 C. The Second Montana Exception: Political Integrity, Economic Security, or Health or Welfare. 205 D. Residual Jurisdiction: The Power to Exclude. 207 III.... 2014
Supriya Routh Independence sans Accountability: a Case for Right to Information Against the Indian Judiciary 13 Washington University Global Studies Law Review 321 (2014) The Indian Supreme Court may be standing at a historic juncture where it could throw open the doors to the public to question its accountability by disclosing information pertaining to the assets and interests of the judges of the higher judiciary. The Supreme Court, however, seems reluctant to bring the higher judiciary under the purview of the... 2014
Dru Miller Indian Court Expands its Jurisdiction over Foreign Arbitral Panels 6 Yearbook on Arbitration and Mediation 328 (2014) The question of whether Indian courts have jurisdiction to set aside foreign arbitral awards has the potential to affect the international arbitration community as well as international business in India. This question implicates the Indian Arbitration Act of 1996 (the Act), which governs all issues of the law relating to domestic arbitration,... 2014
David H. Tennant , Partner, Nixon Peabody LLP Indian Gaming Twenty-five Years after the Igra: a Litigator's Perspective 2014 Aspatore 3689772 (July, 2014) This chapter provides a current snapshot of Indian gaming in the United States, a quarter-century after Congress passed the Indian Gaming Regulatory Act (IGRA), and identifies the friction points where litigation has arisen in the past in connection with Indian gaming and where it is likely to arise in the future. Tribal gaming is coming under... 2014
Melissa Cottle Indian Land Reform: Justice for All? An Examination of Property Laws Pertaining to the Five Tribes Indians and a New Call for Reform 39 Oklahoma City University Law Review 71 (Spring 2014) Imagine the story of two American Indians living in the state of Oklahoma. Bill is a descendant of full-blood Ponca Indians. Bill's ancestors were horticulturalists who also hunted buffalo in Nebraska and South Dakota. The Ponca Nation was a peaceful one that never waged war with the United States; instead they traded parts of their homelands to... 2014
  Indian Law -- Tribal Courts -- Congress Recognizes and Affirms Tribal Courts' Special Domestic Violence Jurisdiction over Non-indian Defendants. -- the Violence Against Women Reauthorization Act of 2013, Pub. L. No.113-4, Tit. Ix, 127 Stat. 54, 118-26 (To 127 Harvard Law Review 1509 (March, 2014) Violence shapes the lives of American Indian women. By some estimates, sixty percent of all Indian women are assaulted, one third are raped, and forty percent experience domestic violence in their lifetimes. Yet when these crimes occur on tribal land, a jurisdictional loophole allows some perpetrators to escape punishment entirely. Tribal... 2014
Hon. Gustavo A. Gelpí Jr. Indian Law and the Fba 61-APR Federal Lawyer Law. 3 (April, 2014) The unique legal relationship of the many nations of Native Americans with our federal government is a topic that is greatly ignored by a majority of Americans. The Federal Bar Association (FBA), I'm very proud to say, has always been a leader in educating bench and bar about the many and very transcendental legal issues involving this important... 2014
William J. Bennett Indian Pharmaceutical Patent Law and the Effects of Novartis Ag V. Union of India 13 Washington University Global Studies Law Review 535 (2014) In recent decades, many nations and international organizations have made a concentrated effort to homogenize the laws governing intellectual property. The attempt at standardization, however, has not been free of dissention, particularly with regard to the laws pertaining to pharmaceutical patents. This is due to the continuing tension that exists... 2014
Amy Cordalis , Daniel Cordalis Indian Water Rights: How Arizona V. California Left an Unwanted Cloud over the Colorado River Basin 5 Arizona Journal of Environmental Law & Policy 333 (Fall, 2014) The Colorado River is one of the most important rivers in the world. The river's 1,400-mile journey from the Rocky Mountains to the Sea of Cortez takes on waters from seven states and from the reservations of twenty-eight Indian tribes along the way, 244,000 square miles of river basin in all. The Colorado River is also heavily managed: Its waters... 2014
Tracey A. LeBeau Indigenous Energy Issues on an International Grid 61-APR Federal Lawyer 42 (April, 2014) Indigenous interests in energy and natural resources include a discussion on the a wide range of social and economic statistics. This article takes a step back to ask some leading questions about where there may be nexus points, or gaps, for community leaders, policy makers, and business advisors who work in the field to consider. Even a cursory... 2014
Kristen A. Carpenter , Angela R. Riley Indigenous Peoples and the Jurisgenerative Moment in Human Rights 102 California Law Review 173 (February, 2014) As indigenous peoples have become actively engaged in the human rights movement around the world, the sphere of international law, once deployed as a tool of imperial power and conquest, has begun to change shape. Increasingly, international human rights law serves as a basis for indigenous peoples' claims against states and even influences... 2014
Chidi Oguamanam Indigenous Peoples' Rights at the Intersection of Human Rights and Intellectual Property Rights 18 Marquette Intellectual Property Law Review 261 (Summer 2014) Introduction. 265 I. Indigenous Peoples' Rights in the International Human Rights Framework. 267 A. Beyond Human Rights. 269 B. Three Convenient Frameworks for Indigenous Rights. 270 1. The International Bill of Rights. 271 2. Specific Treaty Instruments. 272 3. Recent Developments - UNDRIP. 277 II. Human Rights and Intellectual Property Rights.... 2014
Kris Olson Indigenous Rights? 75-DEC Oregon State Bar Bulletin 21 (December, 2014) I have been spending quite a bit of time in Iceland recently, and I keep running into elves. On a car trip around the main highway of Iceland, the Ring Road, there are no fewer than 60 documented sites from history that figure in the sagas and legends. Elves, or huldufolk (hidden people), are entrenched in the Icelandic landscape, both geographic... 2014
Alex Dyste It's Hard out Here for an American Indian: Implications of the Patient Protection and Affordable Care Act for the American Indian Population 32 Law & Inequality: A Journal of Theory and Practice 95 (Winter 2014) The storied and often turbulent relationship the United States shares with the nation's indigenous population is tainted with broken promises and marked by indifference. Tracing its origins to initial European contact with the tribes in the late 1400s, federal Indian law is complex, inconsistent, and largely defined by the anomalous trust... 2014
Prof. Elizabeth Barker Brandt It's Worth the Hassle Part Ii: How Does the Baby Veronica Case Impact Cases Involving Indian Children? 57-OCT Advocate 33 (October, 2014) In July 2013, the U.S. Supreme Court issued its second-ever decision interpreting the Indian Child Welfare Act - Adoptive Couple v. Baby Girl. The majority opinion was authored by Justice Alito, who was joined by Justices Roberts, Kennedy, Thomas and Breyer. Justices Thomas and Breyer also each filed separate concurring opinions. Justice Sotomayor... 2014
Valentina Dimitrova-Grajzl, Peter Grajzl, A. Joseph Guse Jurisdiction, Crime, and Development: the Impact of Public Law 280 in Indian Country 48 Law and Society Review 127 (March, 2014) Public Law 280 transferred jurisdiction over criminal and civil matters from the federal to state governments and increased the extent of nontribal law enforcement in selected parts of Indian country. Where enacted, the law fundamentally altered the preexisting legal order. Public Law 280 thus provides a unique opportunity to study the impact of... 2014
Renisa Mawani Law as Temporality: Colonial Politics and Indian Settlers 4 UC Irvine Law Review 65 (March, 2014) I. The Times of Law. 70 II. Indian Settlers in South Africa. 81 Conclusion. 93 2014
James D. Diamond , Attorney, Cacace Tusch & Santagata Law Enforcement: the Relationship Between the Us Government and Indian Tribes-- Update on Criminal Jurisdiction and the Violence Against Women Act 2014 Aspatore 2326374 (April, 2014) The United States government has a unique legal and political relationship with Indian tribal governments established by the Constitution of the United States, treaties, statutes, executive orders, and judicial decisions. In recognition of that special relationship, pursuant to Executive Order 2000, executive departments and agencies are charged... 2014
Sarah Krakoff Law, Violence, and the Neurotic Structure of American Indian Law 49 Wake Forest Law Review 743 (Fall 2014) In American Indian law, judges (and the bureaucratic machinery of which they are a part) have inflicted a largely one-sided story on native peoples. Legal interpretations that dispossessed this country's indigenous peoples of vast swaths of their territory, folded them, without their consent, into the domestic legal order and yet recurrently (if... 2014
Diana Bocarejo Legal Typologies and Topologies: the Construction of Indigenous Alterity and its Spatialization Within the Colombian Constitutional Court 39 Law and Social Inquiry 334 (Spring, 2014) This article examines the different legal articulations between indigenous typologies and topologies, that is, the relationship between someone classified as an indigenous subject, a grantee of minority rights, and the spatial arrangements such as reservations or ancestral territories considered necessary for indigenous cultural survival. I... 2014
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