Author | Title | Citation | Summary | Year | Key Terms |
Raymond Cross |
Sovereign Bargains, Indian Takings and the Preservation of Indian Country in the 21st Century |
38 Public Land & Resources Law Review 15 (2017) |
I. Introduction. 16 A. Chief Justice Marshall's Construction of the Indian Bargaining Model. 25 B. The Giving and Taking of Indian America. 27 C. The First Era: Americanizing the European Doctrine of Discovery. 30 D. The Second Era: The Indian Peoples' Descent from Sovereign to Wardship Status. 34 E. The Third Era: Judicial Indecision Regarding the... |
2017 |
Yes |
Matthew L.M. Fletcher |
Statutory Divestiture of Tribal Sovereignty |
64-APR Federal Lawyer 38 (April, 2017) |
The Supreme Court's non-decision in Dollar General v. Mississippi Band of Choctaw Indians is evidence not only of disagreement on tribal civil jurisdiction but perhaps also uncertainty in how to analyze divestiture of tribal sovereignty. Most scholars (including myself) have described the Court's behavior in tribal sovereign authority cases as one... |
2017 |
Yes |
Prabhash Ranjan , Pushkar Anand |
The 2016 Model Indian Bilateral Investment Treaty: a Critical Deconstruction |
38 Northwestern Journal of International Law and Business Bus. 1 (Fall, 2017) |
Abstract: In the global backdrop of backlash against bilateral investment treaties (BITs) and the investor-state dispute settlement (ISDS), this paper critically studies India's new Model BIT, adopted in 2016 as a response to increasing number of ISDS claims brought against India. This paper studies the Indian Model BIT, which heralds a new era of... |
2017 |
Yes |
Joel West Williams |
The Five Civilized Tribes' Treaty Rights to Water Quality and Mechanisms of Enforcement |
25 New York University Environmental Law Journal 269 (2017) |
Introduction. 270 I. The Importance of Enforceable Water Quality Rights for the Five Civilized Tribes. 271 II. Historical Background of the Five Civilized Tribes. 273 III. The Five Civilized Tribes' Water Rights. 277 A. State Water Rights. 278 B. Tribal Water Rights. 280 C. Distinguishing Features of the Five Civilized Tribes' Water Rights. 284 D.... |
2017 |
Yes |
Jonathan Gendzier |
The Tennessee Supreme Court and Cherokee Sovereignty: State v. Foreman and Indian Removal |
25 Journal of Southern Legal History 309 (2017) |
. the swelling sides of the adjoining hills were then covered with habitations, and the rich level grounds beneath lying on the river, was cultivated and planted, which now exhibit a very different spectacle, humiliating indeed to the present generation, the posterity and feeble remains of the once potent and renowned Cherokees: the vestiges of the... |
2017 |
Yes |
Vicki J. Limas |
The Tribal Labor Sovereignty Act: Do Indian Tribes Finally Hold a Trump Card? |
41 American Indian Law Review 345 (2017) |
In each congressional term since 2007, Republican lawmakers, with some Democratic supporters, have introduced bills titled Tribal Labor Sovereignty Act. The proposed legislation would amend the National Labor Relations Act (NLRA) to explicitly exclude from coverage federally recognized Indian tribes that operate tribally owned enterprises on... |
2017 |
Yes |
Marcia Zug |
Traditional Problems: How Tribal Same-sex Marriage Bans Threaten Tribal Sovereignty |
43 Mitchell Hamline Law Review 761 (2017) |
I. Introduction. 761 II. Same-Sex Marriage in Indian Country. 768 III. Tribal Sovereignty, Tradition, and Unfairness. 773 A. Interpreting Santa Clara Pueblo v. Martinez. 774 B. The Cherokee Freedmen. 777 IV. Tribal Traditions and Fairness. 783 A. Crow Dog and Tribal Justice. 784 B. Mississippi Band of Choctaw Indians v. Dollar General Corp. 787 1.... |
2017 |
Yes |
Lynne B. Xerras , Kathleen M. St. John , Holland & Knight LLP, Boston, Holland & Knight LLP, Boston |
Tribal Sovereign Immunity from Preference Claims |
36-JUL American Bankruptcy Institute Journal 32 (July, 2017) |
At first glance, § 106 (a) of the U.S. Bankruptcy Code seems clear-cut and without controversy. Its provisions serve to abrogate the sovereign immunity held by a governmental unit for various aspects of a bankruptcy case, including with regard to avoidance action litigation. In turn, § 101 (27) defines governmental unit as United States;... |
2017 |
Yes |
Jenadee Nanini |
Tribal Sovereignty and Fintech Regulations: the Future of Co-regulating in Indian Country |
1 Georgetown Law Technology Review 503 (Spring, 2017) |
Native American tribes possess something special--tribal sovereignty. Tribal sovereignty includes tribes' right to govern themselves, define their own membership, manage tribal property, and regulate tribal business and domestic relations. Tribal sovereignty also recognizes the existence of a government-to-government relationship between tribes... |
2017 |
Yes |
Regina Gerhardt |
Tribal Sovereignty and Gaming: a Proposal to Amend the National Labor Relations Act |
39 Cardozo Law Review 377 (October, 2017) |
C1-2Table of Contents Introduction. 378 I. Legal Background. 381 A. History of Tribal Sovereignty in the United States. 381 1. Origins of Tribal Sovereignty. 382 2. Tribal Sovereignty over Strictly Commercial Matters. 387 B. Federal Laws of General Applicability. 388 C. Impact of the Gaming Industry on Tribes and the Non-Tribal Labor Force. 390... |
2017 |
Yes |
Lance F. Sorenson |
Tribal Sovereignty and the Recognition Power |
42 American Indian Law Review 69 (2017) |
Scholars who criticize the Supreme Court's doctrine regarding Native American tribal sovereignty have not yet addressed a fundamental constitutional concern. The Supreme Court has appropriated the recognition power through the judicially created doctrine of implicit divestiture, by which the Court presumes that Indian tribes and nations have lost... |
2017 |
Yes |
Arielle Sloan |
Tribal Sovereignty and Tobacco Control in State-Tribe Cigarette Compacts |
2017 Brigham Young University Law Review 1261 (2017) |
Compacts are powerful legal tools that states and tribes can use to negotiate agreements. One of the most interesting examples of state-tribe compacts is the cigarette compact, which is useful in combating the illicit cigarette trade. This Note argues that tribal leaders and states can more effectively reach this goal by (1) recognizing tribal... |
2017 |
Yes |
Stephen Kim Park , Tim R Samples |
Tribunalizing Sovereign Debt: Argentina's Experience with Investor-- State Dispute Settlement |
50 Vanderbilt Journal of Transnational Law 1033 (October, 2017) |
The global sovereign debt market, lacking a formal bankruptcy regime or binding regulatory oversight, is fundamentally shaped by the specter of conflicts between debtors that refuse to pay and holdout creditors that refuse to settle. Never was this more evident than in Argentina's most recent sovereign debt crisis, which spurred daring, innovative,... |
2017 |
Yes |
Nadia B. Ahmad |
Trust or Bust: Complications with Tribal Trust Obligations and Environmental Sovereignty |
41 Vermont Law Review 799 (Summer, 2017) |
The Native American framework for environmental protection places a sanctity on nature, which cannot be fully realized under either existing environmental protection laws or through the tribal trust obligations. In the face of these legal deficiencies, tribes and their members can consider resorting to other legal protections to assert tribal... |
2017 |
Yes |
Lauren Oppenheimer |
Untangling the Court's Sovereignty Doctrine to Allow for Greater Respect of Tribal Authority in Addressing Domestic Violence |
76 Maryland Law Review 847 (2017) |
Domestic violence in Indian country has increasingly become a subject of concern for Congress over the past fifty years. While domestic violence is a systemic problem throughout the United States, Native American women experience higher rates of domestic violence than any other group. Indeed, American Indian and Alaska Native women are 2.5 times... |
2017 |
Yes |
Kevin B. Sobel-Read, JD, PhD |
A New Model of Sovereignty in the Contemporary Era of Integrated Global Commerce: What Anthropology ConTributes to the Shortcomings of Legal Scholarship |
49 Vanderbilt Journal of Transnational Law 1045 (October, 2016) |
Existing legal scholarship does not offer an effective or comprehensive definition of sovereignty. Sovereignty, however, matters. Indeed, many have lived and died for it; the term likewise appears with remarkable frequency in both academic and popular discourse. But, sovereignty is not what it used to be. The evolution of globalization generally,... |
2016 |
Yes |
Matthew J. McKinney , Richard Kyle Paisley , Molly Smith Stenovec |
A Sacred Responsibility: Governing the Use of Water and Related Resources in the International Columbia Basin Through the Prism of Tribes and First Nations |
37 Public Land & Resources Law Review 157 (2016) |
I. INTRODUCTION. 159 II. HISTORICAL CONTEXT. 161 A. The International Columbia Basin. 161 1. Physical Geography. 161 2. History of Columbia Basin Tribes and First Nations. 164 3. Demographic Trends and Settlement Patterns. 168 B. Governing the Use of Water and Related Resources. 170 1. From the Beginning: Tribal and First Nation Practices. 171 2.... |
2016 |
Yes |
Teresa Hawkinson |
Can a Sioux Be Sued for Embracing Mary Jane?: Tribal Sovereign Immunity Concerns Arising from the Legalized Marijuana Trade on Indian Land |
3 St. Thomas Journal of Complex Litigation 44 (Fall, 2016) |
Having celebrated the one-year anniversary of the 2014 Department of Justice Wilkinson memorandum (Wilkinson Memo) regarding the Federal Government's discretionary authority in the enforcement of marijuana on Tribal lands, the matter appears to have created more questions than answers. While some Tribes see this as a lucrative business... |
2016 |
Yes |
W. Gregory Guedel, Ph.D. , J.D. Colbert |
Capital, Inequality, and Self-determination: Creating a Sovereign Fina Native American Nations |
41 American Indian Law Review Rev. 1 (2016) |
C1-2Table of Contents Executive Summary. 2 I. Introduction. 4 II. Challenges For Tribes In Accessing Capital. 9 A. Historical and Structural Problems. 9 B. Commercial Capital Source Problems. 11 C. Conflict of Law Problems. 14 D. U.S. Government Trust Management Problems. 17 III. United States Senate Oversight Hearing on Access to Capital in Indian... |
2016 |
Yes |
Michael B. Farley |
Caught on the Wrong Side of the Line: an Examination of the Relationship Between the Payday Loan Industry and American Indian Tribal Sovereignty |
42 Journal of Corporation Law 481 (Winter 2016) |
I. Introduction. 482 II. Background. 483 A. Payday Loan Companies. 484 1. The Function of Payday Loans in the Lending Market. 484 2. The Problems with Payday Loans. 484 3. Recent Development in Responses to Payday Loans. 485 4. Ways the Payday Loan Industry is Adapting. 487 B. American Indian Tribal Sovereignty and Immunity. 488 III. Analysis. 492... |
2016 |
Yes |
Jill E. Grant |
Enforcing Tribal Environmental Laws Without "Treatment as a State" |
30-WTR Natural Resources & Environment 13 (Winter, 2016) |
The Navajo Nation covers over 27,000 square miles in Arizona, New Mexico, and Utah, and within those lands are approximately 100 sites containing underground storage tanks (USTs) and twenty-five sites containing aboveground storage tanks (ASTs). Most of these sites contain multiple tanks and, over the years, many of these tanks have leaked.... |
2016 |
Yes |
Elizabeth Ann Kronk Warner |
Everything Old Is New Again: Enforcing Tribal Treaty Provisions to Protect Climate Change-threatened Resources |
94 Nebraska Law Review 916 (2016) |
I. Introduction. 917 II. Interpreting Treaties. 922 A. What Do the Relevant Treaties Say?. 923 1. Swinomish Indian Tribal Community. 923 2. Nez Perce Tribe. 925 B. Judicial Interpretation of Treaties. 927 C. Considering Treaty Language Within a Climate Change Context. 932 III. Potential Legal Arguments Beyond the Treaties Themselves. 934 A.... |
2016 |
Yes |
Alan Stay |
Habita Native American Treaty Fishing in the Northwest |
63-NOV Federal Lawyer 20 (October/November, 2016) |
In 1854, several Native American tribes occupied and sustained their lives and livelihood from lands and waters within in what is now the Northwestern portion of the United States. Fisheries, while occurring throughout their territories, were centered on the Columbia River, Puget Sound, the rivers and waters flowing into Puget Sound, and the ocean... |
2016 |
Yes |
Nidhi Shetye |
International Insolvency: an Indian Perspective on Cross-border Treatment of Cases |
39 Fordham International Law Journal 1045 (April, 2016) |
INTRODUCTION. 1046 I. LAWS APPLICABLE TO CROSS-BORDER INSOLVENCY CASES. 1049 A. Overview of the Model Law. 1050 B. Statutes Governing Cross-Border Insolvency in India. 1054 1. Foreign Judgments Under the Code of Civil Procedure, 1908. 1054 2. Winding-Up Procedures under The Companies Act, 1956. 1055 3. Other Laws Assisting the Present Legal... |
2016 |
Yes |
Elizabeth Ann Kronk Warner |
Looking to the Third Sovereign: Tribal Environmental Ethics as an Alternative Paradigm |
33 Pace Environmental Law Review 397 (Spring 2016) |
December 2015 constituted a watershed month in the fight against the devastating impacts of climate change, as nearly 200 countries reached consensus at the Paris Conference of the Parties 21 (COP 21) on the need to cut greenhouse gas emissions in an effort to curb the negative impact of climate change. As evidenced by the Paris COP 21, the world... |
2016 |
Yes |
Thomas B. Nedderman, John A. Safarli , Partners, Floyd Pflueger & Ringer PS |
Maxwell and Tribal Sovereign Immunity in the Ninth Circuit: Restoring a True Purpose or Ignoring Reality? |
2016 Aspatore 2989480 (April, 2016) |
Tribal sovereign immunity is a well-established but often confusing doctrine, especially when applied to claims against individual tribal officials. Three years ago, the Ninth Circuit added to the puzzlement in Maxwell v. County of San Diego, 708 F.3d 1075 (9th Cir. 2013), which permitted a suit for money damages against tribal officials named in... |
2016 |
Yes |
Gavin Clarkson , Katherine A. Spilde , Carma M. Claw |
Online Sovereignty: the Law and Economics of Tribal Electronic Commerce |
19 Vanderbilt Journal of Entertainment and Technology Law L. 1 (Fall, 2016) |
In 1886, the US Supreme Court wrote that, for Indian tribes, the people of the states where they are found are often their deadliest enemies. Recently, state agencies and regulators have continued that tradition of hostility by improperly attempting to regulate electronic commerce businesses operated by tribal governments that are more properly... |
2016 |
Yes |
Michalyn Steele |
Plenary Power, Political Questions, and Sovereignty in Indian Affairs |
63 UCLA Law Review 666 (March, 2016) |
A generation of Indian law scholars has roundly, and rightly, criticized the Supreme Court's invocation of the political question and plenary power doctrines to deprive tribes of meaningful judicial review when Congress has acted to the tribes' detriment. Courts have applied these doctrines in tandem so as to frequently leave tribes without... |
2016 |
Yes |
William M. Haney |
Protecting Tribal Skies: Why Indian Tribes Possess the Sovereign Authority to Regulate Tribal Airspace |
40 American Indian Law Review Rev. 1 (2015-2016) |
Since the advent of human flight, lawmakers in the United States have struggled to keep pace with advancements in aviation technology. Similarly, many doctrines of federal Indian law that govern the exercise of the sovereign powers of Indian tribes in the United States are based on outmoded conceptions of the capabilities and interests of Indian... |
2016 |
Yes |
Robert T. Anderson |
Sovereignty and Native Self-government and Rights to Hunt, Fish, and Gather after Ancsa |
33 Alaska Law Review 187 (December, 2016) |
The Alaska Native Claims Settlement Act (ANCSA) was passed in 1971 to extinguish aboriginal rights of Alaska Natives and provide compensation for those rights extinguished. Instead of vesting assets (land and money) in tribal governments, Congress required the formation of Alaska Native corporations to receive and hold these assets. A major flaw in... |
2016 |
Yes |
Geneva E.B. Thompson |
The Double-edged Sword of Sovereignty by Native Nations Can Wield Environmental Justice in the Fight Against the Harms of Fracking |
63 UCLA Law Review 1818 (August, 2016) |
Natural resource extraction has become an appealing form of economic growth for many Native nations. Nations have experienced booming economic growth and prosperity from oil and gas development, but this has come at the expense of environmental and social harms to their communities. These environmental and social harms develop because the oil and... |
2016 |
Yes |
Julia Johnson |
Tribal Sovereign Immunity in the Ninth Circuit: Moving Towards a More Reasonable Test |
35 Review of Litigation 179 (Summer, 2016) |
I. Introduction. 179 II. Justice Marshall, Sovereign Immunity, and the Present Era. 183 III. Modern Reforms of Tribal Sovereignty Immunity. 188 A. The Second Circuit. 192 B. The Ninth Circuit. 195 IV. Restrictions on Tribal Sovereign Immunity When Foreseeability is Lacking. 197 A. Tort Liability and Commercial Claims. 197 B. Noncommercial and... |
2016 |
Yes |
Lindsay Cutler |
Tribal Sovereignty, Tribal Court Legitimacy, and Public Defense |
63 UCLA Law Review 1752 (August, 2016) |
In June 2016, the Supreme Court held in United States v. Bryant that uncounseled tribal court convictions could serve as predicate offenses under 18 U.S.C. § 117(a). Citing the public safety crisis in Indian country, the limitations of tribal court sentencing, and the legislative history of Section 117(a), the Court upheld the federal statute... |
2016 |
Yes |
Lauren Goschke |
Tribes, Treaties, and the Trust Responsibility: a Call for Co-management of Huckleberries in the Northwest |
27 Colorado Natural Resources, Energy & Environmental Law Review 315 (Summer, 2016) |
I. INTRODUCTION. 317 II. THE BASIS OF TREATY INTERPRETATION: FOUNDATIONS OF INDIAN LAW. 320 A. Aboriginal Title. 321 B. Trust Responsibility. 322 C. Treaty Rights. 324 III.TRIBAL RIGHTS TO TREATY-PROTECTED OFF-RESERVATION NATURAL RESOURCES. 326 A. Half the Resource: The Fishing Cases. 329 B. Gathering Rights: The Shellfish Cases. 332 C. Expanding... |
2016 |
Yes |
Monte Mills |
What Should Tribes Expect from Federal Regulations? The Bureau of Land Management's Fracking Rule and the Problems with Treating Indian and Federal Lands Identically |
37 Public Land & Resources Law Review Rev. 1 (2016) |
I. INTRODUCTION. 2 II. FRACKING: RISKS AND REGULATIONS. 6 A. What is fracking?. 6 B. Risks of Fracking. 7 C. State versus Federal Regulation. 10 III. ENERGY DEVELOPMENT IN INDIAN COUNTRY. 14 A. Trust Relationship. 14 B. Federal Oversight of Energy Development. 16 C. Tribal Regulation. 20 IV. THE BLM'S FRACKING RULE. 21 A. Initial Proposed Rule. 22... |
2016 |
Yes |
Molly K. Webster |
Alternative Courts and Drug Treatment: Finding a Rehabilitative Solution for Addicts in a ReTributive System |
84 Fordham Law Review 855 (November, 2015) |
Sentencing drug crimes and treating drug-addicted defendants often stem from contradictory theories of punishment. In the late twentieth century, courts traded rehabilitation for retributive ideals to fight the War on Drugs. However, beginning with the Miami-Dade Drug Court, treatment and rehabilitation have returned to the forefront of... |
2015 |
Yes |
Michael D. Oeser |
Avoiding Extinction, Preserving Culture: Sustainable, Sovereignty-centered Tribal Citizenship Requirements |
91 North Dakota Law Review Rev. 1 (2015) |
Tribal populations are dwindling. These losses are primarily the result of high blood quantum requirements and high levels of inter-marriage with non-Indians. Consequently, tribes will eventually face either legal extinction--where no one can meet the tribal's citizenship criteria--or practical extinction--where few tribal citizens have any... |
2015 |
Yes |
Bethany R. Berger, University of Connecticut |
Colin G. Calloway, Pen & Ink Witchcraft: Treaties and Treaty Making in American Indian History, New York: Oxford University Press, 2013. Pp. Xii + 374. $34.95 Cloth (Isbn 978-0-19-991730-3). Doi:10.1017/s0738248015000176 |
33 Law and History Review 478 (May, 2015) |
Treaties with Native nations are foundational in federal Indian law and policy, and historians and legal scholars have written many great works on the subject. Colin Calloway's new book, however, stands out for giving at once a finely detailed portrait of the participants and motivations involved in the treaties and the changing place of those... |
2015 |
Yes |
David A. Bell |
Columbia River Treaty Renewal and Sovereign Tribal Authority under the Stevens Treaty "Right-to-fish" Clause |
36 Public Land & Resources Law Review 269 (2015) |
Introduction. 270 II. Historic Use and Traditions of Native Americans on the Columbia River. 273 A. Historic Tribal Use of the Columbia River. 273 B. The Stevens Treaties. 275 C. Post Treaty Fishing Rights and the CRT. 276 III. The Columbia River Treaty. 277 A. History of the Columbia River Treaty. 277 B. Treaty Termination or Renegotiation. 279 C.... |
2015 |
Yes |
David A. Bell |
Columbia River Treaty Renewal and Sovereign Tribal Authority under the Stevens Treaty "Right-to-fish" Clause |
36 Public Land & Resources Law Review 269 (2015) |
Introduction. 270 II. Historic Use and Traditions of Native Americans on the Columbia River. 273 A. Historic Tribal Use of the Columbia River. 273 B. The Stevens Treaties. 275 C. Post Treaty Fishing Rights and the CRT. 276 III. The Columbia River Treaty. 277 A. History of the Columbia River Treaty. 277 B. Treaty Termination or Renegotiation. 279 C.... |
2015 |
Yes |
Jessica Intermill |
Competing Sovereigns: Circuit Courts' Varied Approaches to Federal Statutes in Indian Country |
62-SEP Federal Lawyer 64 (September, 2015) |
The Federal Lawyer's April 2015 Indian Law issue detailed jurisdictional hooks that allow private parties to sue Indian tribes in employment-law cases. The topic is an important one. Some federal laws expressly apply to tribes and allow suit, but Congress expressly exempted tribes from other laws. Where the text of a federal statute appears to... |
2015 |
Yes |
Bonnie Shucha |
Engaging the Third Sovereign: the Nature, Reach, and Sources of Tribal Law |
88-MAY Wisconsin Lawyer 47 (May, 2015) |
Although not all tribal law is easily accessible, you can find what is available to the public with this handy guide from a U.W. law librarian. Today, in the United States, we have three types of sovereign entities [:] the Federal government, the States, and the Indian tribes. Each of the three sovereigns has its own judicial system, and each... |
2015 |
Yes |
Robert Thomas Redwine |
Falling off Balance: How the Tenth Circuit's Stance on the Implementation of a Balancing Test Undermines Congressional Intent in Regard to Extending Sovereign Immunity to Economic Entities of a Tribe |
39 American Indian Law Review 291 (2014-2015) |
According to the 2010 United States Census, 28.4% of all Native Americans lived in poverty-a figure that overshadows the national poverty rate of 15.3%. These statistics demonstrate a continued need to allow Native American businesses to grow, which would in turn allow the tribes to channel money back to their tribal members. One concept in... |
2015 |
Yes |
Heather Whitney-Williams, Hillary M. Hoffmann |
Fracking in Indian Country: the Federal Trust Relationship, Tribal Sovereignty, and the Beneficial Use of Produced Water |
32 Yale Journal on Regulation 451 (Summer 2015) |
Potentially toxic wastewater discharges from hydraulic fracturing--known as produced water--are not subject to RCRA's or the CWA's permitting requirements. This is because the EPA has categorized produced water as a special waste when put to beneficial uses in arid regions. Some chemical components in produced water, however, are patented... |
2015 |
Yes |
Leah Jurss |
Halting the "Slide down the Sovereignty Slope" : Creative Remedies for Tribes Extending Civil Infraction Systems over Non-Indians |
16 Rutgers Race & the Law Review 39 (2015) |
A slot machine player at the Four Winds Casino in Hartford, Michigan, took a payout ticket from another slot machine as he sat down to play. In situations like this, casino security and law enforcement take every opportunity to ensure the player returns the property to the rightful owner. As a last resort, after sitting before a judge and entering... |
2015 |
Yes |
Nizhone Meza |
Indian Education: Maintaining Tribal Sov Native American Culture and Language Preservation |
2015 Brigham Young University Education and Law Journal 353 (2015) |
The United States government has attempted to accommodate, assimilate, and terminate the Indian since declaring its Independence. Indian Education Policy was no different as it duplicated the general Federal Indian Policy making an indirect substantial impact on tribal sovereignty. This impact is felt today as traditional Native American languages... |
2015 |
Yes |
Beth DiFelice |
Indian Treaties: a Bibliography |
107 Law Library Journal 241 (Spring, 2015) |
This bibliography describes sources for research into treaties between the U.S. government and Indian tribes, focusing on primary sources. The sources are preceded by an overview of the treaty process and the termination of the government's power to enter into treaties with Indian nations. Overview of the Indian Treaty Process. 243 Congressional... |
2015 |
Yes |
Ann Tweedy |
Indian Tribes and Gun Regulation: Should Tribes Exercise Their Sovereign Rights to Enact Gun Bans or Stand-your-ground Laws? |
78 Albany Law Review 885 (2014-2015) |
In light of the Second Amendment's inapplicability to Indian tribes, tribes appear to have the greatest freedom to experiment with gun laws of any sovereign in the United States. What have they done with that freedom and what sorts of regulations should they pursue? This article attempts to answer both questions. As to the first, as discussed in... |
2015 |
Yes |
Robert Onders, M.D. |
Medicaid: Can Federal Responsibilities, State Authorities, and Tribal Sovereignty Be Reconciled? |
15 Wyoming Law Review 165 (2015) |
I. Introduction. 165 II. Background. 167 A. The Medicaid Program. 167 B. Medicaid and the Patient Protection and Affordable Care Act. 169 C. Health Care for American Indians and Alaskan Natives. 171 1. Federal Responsibility to American Indians and Alaska Natives. 171 2. Medicaid Eligibility and Expansion. 173 3. Health and Medicaid. 175 4.... |
2015 |
Yes |
Kaighn Smith Jr. , Shareholder, Drummond Woodsum MacMahon |
Nuances and Challenges of Protecting Tribal Sovereignty |
2015 Aspatore 9194949 (November, 2015) |
I have been practicing federal Indian law for over twenty-five years. I started working in the field in 1984 while in law school, when I worked part-time for a law firm dedicated to representing tribes. The firm was Tureen & Margolin, based in Portland, Maine. A friend, who was serving a co-op program there as a student at Northeastern Law School,... |
2015 |
Yes |