| Author | Title | Citation | Summary | Year | Key Terms |
| Judith V. Royster |
Revisiting Montana: Indian Treaty Rights and Tribal Authority over Nonmembers on Trust Lands |
57 Arizona Law Review 889 (2015) |
In a series of cases beginning with its 1981 decision in Montana v. United States, the U.S. Supreme Court has diminished the civil authority of Indian tribal governments over nonmembers within the tribes' territories. Initially, the Court confined itself to hobbling tribes' inherent sovereign authority over non-tribal members only on non-Indian... |
2015 |
Yes |
| April L. Cherry |
Shifting Our Focus from ReTribution to Social Justice: an Alternative Vision for the Treatment of Pregnant Women Who Harm Their Fetuses |
28 Journal of Law and Health Health 6 (2015) |
I. Introduction. 7 II. Three Accounts of Self-Harming Behavior Among Pregnant Women. 10 A. Depression and Attempted Suicide: The Story of Bei Bei Shuai. 11 B. A Story about Drug and Alcohol Use: The Story of Rennie Gibbs. 14 C. Self-Induced Abortion: The Story of Kawana Ashley. 21 III. The Rhetoric of Fetal Personhood and the Use of Fetal... |
2015 |
Yes |
| Margaret H. Zhang |
Special Domestic Violence Criminal Jurisdiction for Indian Tribes: Inherent Tribal Sovereignty Versus Defendants' Complete Constitutional Rights |
164 University of Pennsylvania Law Review 243 (December, 2015) |
Introduction. 244 I. Tribal Criminal Jurisdiction in Indian Country. 249 A. Historical Origins. 249 B. Oliphant: No Jurisdiction over Non-Indians. 252 C. Duro, the Duro Fix, and Lara: Jurisdiction over Nonmember Indians. 253 II. Special Domestic Violence Criminal Jurisdiction Under VAWA 2013. 256 A. Narrowly Expanded Tribal Criminal Jurisdiction... |
2015 |
Yes |
| Karen M. Tani |
States' Rights, Welfare Rights, and the "Indian Problem": Negotiating Citizenship and Sovereignty, 1935-1954 |
33 Law and History Review Rev. 1 (February, 2015) |
What distinguishes the American Indians from other native groups is . the nature of their relationship with a government which, while protecting their welfare and their rights, is committed to the principles of tribal self-government and the legal equality of races. Felix S. Cohen, Chairman, Board of Appeals, United States Department of Interior... |
2015 |
Yes |
| Brian L. Pierson |
The Precarious Sovereign Immunity of Tribal Business Corporations |
62-APR Federal Lawyer 58 (April, 2015) |
Like the United States and the 50 states, federally recognized Indian tribes enjoy immunity from suit based on their sovereign status: Indian tribes have long been recognized as possessing the common-law immunity from suit traditionally enjoyed by sovereign powers. In its 1998 decision in Kiowa Tribe v. Manufacturing Techs. Inc., the U.S. Supreme... |
2015 |
Yes |
| |
Treated Worse than Animals: Women and Girls in Indian Mental Institutions |
22 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 |
Yes |
| Charles G. Curtis Jr. , Donald C. Baur , Jena A. MacLean , Partners, Perkins Coie LLP |
Tribal "Treatment as State" Programs under Federal Environmental Statutes: Key Provisions and Case Studies |
2015 Aspatore 9194946 (November, 2015) |
Many federal environmental programs provide for the delegation of regulatory authority to individual states, subject to minimum federal standards and to the oversight and veto authority of the Environmental Protection Agency (EPA). This cooperative federalism structure allows both the federal government and states to share in the regulation and... |
2015 |
Yes |
| Julia Guarino |
Tribal Food Sovereignty in the American Southwest |
11 Journal of Food Law & Policy 83 (Spring 2015) |
I. Introduction: American Indian Conceptions of Land, Food, and Identity. 84 II. Agricultural Practices in the American Southwest Prior to Eurpoean Contact. 87 A. Indigenous Teachings about the Origin of Peoples in the Southwest. 88 B. Archeological Evidence of the Ancient Occupants of the American Southwest. 90 C. Agricultural Practices in the... |
2015 |
Yes |
| Alan S. Kaplinsky |
Tribally-affiliated Payday Lenders Can Use Tribal Sovereign Immunity as Defense to State Administrative Proceedings and Class Actions |
69 Consumer Finance Law Quarterly Report 78 (2015) |
Two recent decisions provide support for the use of tribal sovereign immunity by tribally affiliated payday lenders as a defense to both state administrative proceedings and private class actions. In Everette v. Joshua Mitchem, et al., the United States District Court for the District of Maryland granted the motion to dismiss filed by two payday... |
2015 |
Yes |
| Hope Babcock |
A Possible Solution to the Problem of Diminishing Tribal Sovereignty |
90 North Dakota Law Review 13 (2014) |
The capacity of Indian tribal sovereignty to protect tribes from outside encroachment and interference has steadily diminished from when the concept was first enunciated in the nineteenth century in the Marshall Indian Law Trilogy. This article assumes as a working premise that only bringing tribes into the Constitution as co-equal sovereigns will... |
2014 |
Yes |
| 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 |
Yes |
| 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 |
Yes |
| Laura C. Sayler |
Back to Basics: Special Domestic Violence Jurisdiction in the Violence Against Women Reactivation Act of 2013 and the Expansion of Inherent Tribal Sovereignty |
2014 Cardozo Law Review de novo novo 1 (2014) |
C1-3Table of Contents L1-2Introduction . R32. I. Background. 10 A. The Violence Against Women Act and the 2013 Reactivation Bill. 10 B. The Legacy of Oliphant. 14 II. Special Domestic Violence Jurisdiction Is an Expansion of Inherent Tribal Sovereignty. 17 A. The Delegation Theory Versus the Inherent Sovereignty Theory. 17 B. Constitutional Support... |
2014 |
Yes |
| Prabhash Ranjan , Deepak Raju |
Bilateral Investment Treaties and the Indian Judiciary |
46 George Washington International Law Review 809 (2014) |
India has entered into bilateral investment treaties (BITs) with eighty-six countries. Of these BITs, seventy-three have already come into force. Despite this massive BIT program, BITs in India did not attract much attention until foreign investors used BITs to slap India with investment treaty arbitration (ITA) notices. These foreign investors,... |
2014 |
Yes |
| 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 |
Yes |
| |
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 |
Yes |
| Jonathan Guss |
Gaming Sovereignty? A Plea for Protecting Worker's Rights While Preserving Tribal Sovereignty |
102 California Law Review 1623 (December, 2014) |
Tribally owned gaming facilities have become an increasingly popular vehicle for economic development throughout Indian Country. As an incidental consequence of this industry's growth, many non-tribal members now come into contact with tribal-gaming enterprises as either customers or employees. Consequently, tribal gaming establishments have become... |
2014 |
Yes |
| Ryan Seelau |
In Defense of Tribal Sovereign Immunity: a Pragmatic Look at the Doctrine as a Tool for Strengthening Tribal Courts |
90 North Dakota Law Review 121 (2014) |
Although the doctrine of tribal sovereign immunity was recently upheld by the Supreme Court in Michigan v. Bay Mills Indian Community, its existence continues to be attacked as antiquated and leading to unfair results. While most defenses of tribal sovereign immunity focus on how the doctrine is a necessary part of sovereignty or how the... |
2014 |
Yes |
| Jennifer H. Weddle |
Nothing Nefarious: the Federal Legal and Historical Predicate for Tribal Sovereign Lending |
61-APR Federal Lawyer 58 (April, 2014) |
Indian tribes are exercising their sovereignty. They continue to provide for their citizens, using the resources available to them to subsist and build their economies. This is nothing new, yet, a controversy exists because some do not like one particular mechanism of tribes' sovereign action--in this case making short-term, small-denomination... |
2014 |
Yes |
| Jeremiah Chin |
Red Law, White Supremacy: Cherokee Freedmen, Tribal Sovereignty, and the Colonial Feedback Loop |
47 John Marshall Law Review 1227 (Summer, 2014) |
I. Introduction. 1228 II. Conflict in Context: Historical origins of Cherokee Freedmen and Pending Litigation. 1230 A. Slavery and Reconstruction in the Cherokee Nation and the United States. 1231 1. Slavery in the Cherokee Nation and the beginnings of African enslavement. 1231 2. Removal and Civil War Alliances. 1234 3. Cherokee by Blood and the... |
2014 |
Yes |
| K-Sue Park, Department of Rhetoric, University of California, Berkeley |
Shadow Nations: Tribal Sovereignty and the Limits of Legal Pluralism. By N. Bruce Duthu. New York: Oxford University Press, 2013. 234 Pp. $35.00 Cloth |
48 Law and Society Review 692 (September, 2014) |
American Indian tribal sovereignties and U.S. constitutional democracy do coexist, however fraught their relationship, as institutions, communities, and practices. In relation to one another, the United States is the dominant power; its law paradoxically recognizes that tribal sovereignty predates that of the United States, yet claims plenary, or... |
2014 |
Yes |
| Matthew Deisen |
State v. Jim: a New Era in Washington's Treatment of the Tribes? |
38 American Indian Law Review 101 (2013-2014) |
I. Introduction. 101 II. Background. 105 A. The Treaty. 107 B. Treaty Interpretation. 112 C. Fishing Sites and the Right of Access. 114 III. Enemy of the State: A History of Washington and Its Tribes. 117 A. Washington, Tribes, and Fish. 118 B. State v. Jim. 122 IV. Criminal Jurisdiction in Indian Country. 124 A. The Federal/Tribal Relationship.... |
2014 |
Yes |
| David Y. Kwok |
Taxation Without Compensation as a Challenge for Tribal Sovereignty |
84 Mississippi Law Journal 91 (2014) |
Introduction. 92 I. Background on State and Tribal Taxation of Commodities. 95 A. State Taxation of an Indian Tribe on Indian Land Is Generally Impermissible. 96 B. State Taxation of Non-Indian Parties on Indian Land May Be Permissible. 100 C. State Taxation of a Non-Indian Party on Non-Indian Land Is Permissible. 102 II. The Limits of Legal... |
2014 |
Yes |
| Joseph William Singer |
The Indian States of America: Parallel Universes & Overlapping Sovereignty |
38 American Indian Law Review Rev. 1 (2013-2014) |
We live in the United States of America. Or do we? Look at a typical map of the United States. It shows the external borders of the country and, of course, the states, which are pretty important in our political system, as the meeting of the Electoral College following the 2012 popular election reminded us. This is the map most of us grew up with.... |
2014 |
Yes |
| Purabi Bose , Bernd van der Meulen |
The Law to End Hunger Now: Food Sovereignty and Genetically Modified Crops in Tribal India--a Socio-legal Analysis |
118 Penn State Law Review 893 (Spring 2014) |
This Article takes a socio-legal approach to analyze tribal India's current scenario related to genetically modified (GM) crops. The policies for GM crops play a critical role in India. The Article examines two recent legal frameworks: (a) the Biotechnology Regulatory Authority of India Bill, 2013, and (b) the Indian National Food Security Act,... |
2014 |
Yes |
| M. Gatsby Miller |
The Shrinking Sovereign: Tribal Adjudicatory Jurisdiction over Nonmembers in Civil Cases |
114 Columbia Law Review 1825 (November, 2014) |
Tribal jurisdiction over nonmembers is limited to two narrow areas: consensual economic relationships between tribes and nonmembers, and nonmember activity that threatens tribal integrity. Even within these two narrow fields, the Supreme Court has stated that tribal adjudicatory power over nonmembers--the authority to decide legal rights of... |
2014 |
Yes |
| John G. Horn , Partner in Charge, Buffalo Office, Harter Secrest & Emery LLP |
To Whom Does Tribal Sovereign Immunity Apply? |
2014 Aspatore 2326367 (April, 2014) |
It is well established that tribal sovereign immunity can protect sovereign Indian nations from being drawn into lawsuits against their will. But the doctrine also can serve as an important shield from other potential degradations of tribal sovereignty, such as compliance with non-party subpoenas seeking records or testimony relating to tribal... |
2014 |
Yes |
| Jeanette Wolfley |
Tribal Environmental Programs: Providing Meaningful Involvement and Fair Treatment |
29 Journal of Environmental Law & Litigation 389 (2014) |
Introduction. 390 I. Background of Tribal Environmental Authority. 393 II. Policies Supporting Meaningful Involvement and Fair Treatment. 399 A. Providing Good Governance. 400 B. Respecting the Interests of Community Members. 402 C. Protecting and Promoting Tribal Sovereignty. 405 III. Defining Meaningful Involvement and Fair Treatment . 409 A.... |
2014 |
Yes |
| Gregory S. Arnold |
Tribal Law and Order Act and Violence Against Women Act: Enhanced Recognition of Inherent Tribal Sovereignty Creates Greater Need for Criminal Defense Counsel in Indian Country |
61-FEB Federal Lawyer Law. 4 (January/February, 2014) |
Starting with the Indian Civil Rights Act of 1968 (the ICRA), Native American Indian tribes were limited in sentencing Indian criminal defendants to a maximum of only six months in jail and / or a $500 fine, including murder and other violent felonies, and had no criminal authority over non-Indians. This was first strengthened by amendment in... |
2014 |
Yes |
| William Barquin |
U.s. Supreme Court Upholds Tribal Sovereign Immunity, Again |
57-OCT Advocate 38 (October, 2014) |
In May, the United States Supreme Court affirmed the doctrine of tribal sovereign immunity in State of Michigan v. Bay Mills Indian Community. The Supreme Court held that a state could not bring a suit against a tribe to shut down a casino located on disputed Indian lands. The Supreme Court upheld tribal sovereign immunity and reaffirmed that only... |
2014 |
Yes |
| Stacy L. Leeds , Erin S. Shirl |
Whose Sovereignty? Tribal Citizenship, Federal Indian Law, and Globalization |
46 Arizona State Law Journal 89 (Spring 2014) |
This Article is adapted from a speech given by Stacy Leeds at the Sixth Annual Canby Lecture Series held at Arizona State University's Sandra Day O'Connor College of Law. Stacy Leeds is the Dean of the University of Arkansas Law School, which recently launched a new Indigenous Food and Agriculture Initiative to complement their long-standing LL.M.... |
2014 |
Yes |
| Colin P.A. Jones |
Will the Child Abduction Treaty Become More "Asian"? A First Look at the Efforts of Singapore and Japan to Implement the Hague Convention |
42 Denver Journal of International Law and Policy 287 (Winter/Spring-2014) |
The Hague Convention on the Civil Aspects of International Child Abduction (the Convention) provides a mechanism for locating and returning children wrongfully removed from or retained outside of their jurisdiction of habitual residence, a problem that most commonly arises in the breakdown of an international marriage. The Convention seeks to... |
2014 |
Yes |
| Hope M. Babcock |
[This] I Know from My Grandfather: the Battle for Admissibility of Indigenous Oral History as Proof of Tribal Land Claims |
37 American Indian Law Review 19 (2012-2013) |
A major obstacle indigenous land claimants must face is the application of federal evidentiary rules, like the hearsay doctrine, which block the use of oral history to establish legal claims. It is often oral history and stories that tribes rely upon as evidence to support their claims, reducing substantially the likelihood of a tribe prevailing.... |
2013 |
Yes |
| Benjamin A. Kahn |
A Pl Native Sovereignty Through Statehood and Political Participation |
53 Natural Resources Journal J. 1 (Spring 2013) |
This article addresses the efforts of American Indians and the Maori in New Zealand to resolve natural resource disputes and preserve sovereignty through statehood movements and other forms of political participation. This is the third installment in a series published by Stanford University and the University of California Davis on the efforts of... |
2013 |
Yes |
| BJ Jones , Christopher J. Ironroad |
Addressing Sentencing Disparities for Tribal Citizens in the Dakotas: a Tribal Sovereignty Approach |
89 North Dakota Law Review 53 (2013) |
Native Americans in the Dakotas can receive criminal sentences in federal courts that are harsher than sentences meted out for similar conduct in state courts. The reason for this is the historical role the federal government has played in determining justice issues in tribal communities. Although the federal government oftentimes sought tribal... |
2013 |
Yes |
| Zachary S. Price |
Dividing Sovereignty in Tribal and Territorial Criminal Jurisdiction |
113 Columbia Law Review 657 (April, 2013) |
In both federal Indian law and the law regarding United States territories, the Supreme Court in recent decades has shown increasing skepticism about previously tolerated elements of constitutionally unregulated local governmental authority. This Article proposes a framework for resolving constitutional questions raised by the Court's recent cases... |
2013 |
Yes |
| Paul Van Olson |
Fox-hunting the Conscience of the King into a Shallow Grave: Sovereign Immunity and Discovery as Applied to Indian Tribes in Alltel Communications, L.l.c. v. Dejordy and its Implications for Discovery Practice |
58 South Dakota Law Review 405 (2013) |
In Alltel Communications, L.L.C., v. DeJordy, the Eighth Circuit Court of Appeals quashed third-party subpoenas issued to tribal officials of the Oglala Nation of the Pine Ridge Indian Reservation. The Eighth Circuit found tribal immunity from suit provided a basis to quash. In doing so, the Eighth Circuit confronted the concept of sovereign... |
2013 |
Yes |
| Breann Swann Nu'uhiwa |
Government of the People, by the People, for the People: Cultural Sovereignty, Civil Native Hawaiian Governance |
14 Asian-Pacific Law and Policy Journal 57 (2013) |
I.. Introduction 58 II.. Cultural Sovereignty 62 III.. Civil Rights in Native Hawaiian History and Tradition 65 A. Civil Rights Prior to Contact 66 B. The Displacement of Kuleana 69 C. The Native Hawaiian Response 73 D. The Persistence of Traditional Values in Contemporary Native Hawaiian Society 75 IV.. Federal Expectations Regarding Native... |
2013 |
Yes |
| Benjamin Thomas Greer |
Hiding Behind Tribal Sovereignty: Rooting out Human Trafficking in Indian Country |
16 Journal of Gender, Race and Justice 453 (Spring 2013) |
The white man's police have protected us only as well as the feathers of a bird protect it from the frosts of winter. Crowfoot, Blackfeet Chief Future generations will not excuse those who turn a blind eye to [human trafficking]. United States Secretary of State, Condoleezza Rice Native Americans are a profoundly strong and proud, however insular,... |
2013 |
Yes |
| William Wood |
It Wasn't an Accident: the Tribal Sovereign Immunity Story |
62 American University Law Review 1587 (August, 2013) |
In its latest pronouncement on the subject, the Supreme Court suggested in Kiowa Tribe of Oklahoma v. Manufacturing Technologies that tribal sovereign immunity is an accidental doctrine that developed with little analysis or reasoning. The Court, however, overlooked important history, context, and (some of its own) precedent which shows that the... |
2013 |
Yes |
| Kathryn A. Mayer |
Negotiating past the Zero-sum of Intractable Sovereignty Positions by Exploring the Potential of Possible Party Interests: a Proposed Dispute Resolution Framework for the Tobacco Tax Debacle Between the State of New York & the Seneca Nation of Indians |
28 Ohio State Journal on Dispute Resolution 771 (2013) |
In 1994, the Supreme Court declared in Department of Taxation & Finance of New York v. Milhelm Attea & Bros., Inc. that legislation passed by the State of New York imposing state taxes on cigarette sales made on Indian reservations to non-Indians was facially permissible. However, by August 13, 2010-over a decade after the Supreme Court issued its... |
2013 |
Yes |
| Heidi Kiiwetinepinesiik Stark |
Nenabozho's Smart Berries: Rethinking Tribal Sovereignty and Accountability |
2013 Michigan State Law Review 339 (2013) |
Introduction. 339 I. Sovereignty. 340 II. Contestations. 344 III. Accountability. 347 IV. Smart Berries. 353 Professor Wenona Singel, in her paper Indian Tribes and Human Rights Accountability, makes a compelling argument for reforming conventional understandings of tribal sovereignty to reflect the transformative international law principle that... |
2013 |
Yes |
| Sarah M. Block |
Richard v. United States: Government Contracts, Indian Treaties, and the Federal Circuit's Evolving Interpretation of "Bad Men" Provisions |
23 Federal Circuit Bar Journal 245 (2013) |
In April 2012, the United States Court of Appeals for the Federal Circuit issued a decision promulgating an innovative interpretation of the bad men provision found in the Treaty of Fort Laramie of 1868. In addressing a seemingly minor claim arising out of a drunk-driving accident in South Dakota, the Federal Circuit broke from its previous... |
2013 |
Yes |
| Sepideh Mousakhani |
Seeking to Emerge from Slavery's Long Shadow: the Interplay of Tribal Sovereignty and Federal Oversight in the Context of the Recent Disenrollment of the Cherokee Freedmen |
53 Santa Clara Law Review 937 (2013) |
Introduction. 938 I. Background. 939 A. Principles of Indian Law that Inform Federal-Tribal Relations. 939 1. Tribal Sovereignty. 940 2. The Plenary Powers of Congress and the Power of the Executive Branch. 941 3. Federal Judicial Review of DOI and BIA Determinations. 943 4. Tribal Sovereignty and Federal Control Over the Years. 945 5. Civil Rights... |
2013 |
Yes |
| Joseph William Singer |
Tribal Sovereignty and Human Rights |
2013 Michigan State Law Review 307 (2013) |
Introduction. 305 I. Sovereignty and Humanity. 309 II. Reason-Giving and Accountability. 314 A. Internal Versus External Accountability. 315 B. Judicial Versus Political Accountability. 317 C. Bilateral Versus Multilateral External Accountability. 319 III. An Intertribal Human Rights Tribunal. 320 Many Americans have a hard time understanding the... |
2013 |
Yes |
| J. Stanford Hays |
Twisting the Law: Legal Inconsistencies in Andrew Jackson's Native-american Sovereignty and State Sovereignty |
21 Journal of Southern Legal History 157 (2013) |
The basic principles of Native-American law pre-date the discovery of the New World and the creation of the United States Constitution. The laws that governed the Europeans when they first came in contact with the original native inhabitants were the laws of nations, based on the concept of natural rights. The theory of natural rights respected the... |
2013 |
Yes |
| J. Stanford Hays |
Twisting the Law: Legal Inconsistencies in Andrew Jackson's Native-american Sovereignty and State Sovereignty |
21 Journal of Southern Legal History 157 (2013) |
The basic principles of Native-American law pre-date the discovery of the New World and the creation of the United States Constitution. The laws that governed the Europeans when they first came in contact with the original native inhabitants were the laws of nations, based on the concept of natural rights. The theory of natural rights respected the... |
2013 |
Yes |
| Katherine Robillard |
Uncounseled Tribal Court Convictions: the Sixth Amendment, Tribal Sovereignty, and the Indian Civil Rights Act |
2013 University of Illinois Law Review 2047 (2013) |
Tribal courts tasked with the prosecution of Native American defendants are not constrained by many Constitutional provisions, including the Sixth Amendment right to counsel in criminal proceedings. Currently, the Indian Civil Rights Act only requires representation in tribal court prosecutions of indigent defendants that may lead to incarceration... |
2013 |
Yes |
| Tonya Kowalski |
A Tale of Two Sovereigns: Danger and Opportunity in Tribal-state Court Relations |
47 Tulsa Law Review 687 (Spring 2012) |
As the many Native American nations garner economic strength and come into increasing contact with state and local forums, so do the chances that those forums will come face to face with questions of tribal law. The challenges posed by an Anglo-American court answering questions of tribal law present both danger and opportunity. Opportunities come... |
2012 |
Yes |
| Angelique Townsend EagleWoman , Wambdi A. Wastewin |
Bringing Balance to Mid-north America: Re-structuring the Sovereign Relationships Between Tribal Nations and the United States |
41 University of Baltimore Law Review 671 (Summer 2012) |
The relationships between Tribal Nations and the United States have evolved over time and often in a lopsided manner, with the branches of the U.S. government unilaterally dictating the relationship. International norms require bilateral agreements between governments for full recognition of human rights and to promote peaceful relations. In the... |
2012 |
Yes |