| Author | Title | Citation | Summary | Year | Key Terms |
| Lindsey Trainor Golden |
Embracing Tribal Sovereignty to Eliminate Criminal Jurisdiction Chaos |
45 University of Michigan Journal of Law Reform 1039 (Summer 2012) |
American Indians living on reservations experience some of the highest crime rates in the United States. Reservations endure violent crimes, including assault, domestic violence, and rape, at rates 2.5 times higher than the national average. These crimes have an especially strong impact on Indian women: nearly three out of five Indian women are... |
2012 |
Yes |
| Kouslaa Tunee Kessler-Mata (Chumash/Yokut) |
Empowerment Through Incorporation? The Trouble with Agreement Making and Tribal Sovereignty |
47 Tulsa Law Review 599 (Spring 2012) |
In this paper, I consider the ability of formal, institutionalized agreements between tribes and non-federal polities, i.e., states and local governments, to strengthen and secure tribal sovereignty. I argue that agreement making is a form of incorporation that is fundamentally at odds with standard definitions of tribal sovereignty, moving tribes... |
2012 |
Yes |
| Kevin Naud, Jr. |
Fleeing East from Indian Country: State v. Eriksen and Tribal Inherent Sovereign Authority to Continue Cross-jurisdictional Fresh Pursuit |
87 Washington Law Review 1251 (December, 2012) |
Abstract: In State v. Eriksen, the Washington State Supreme Court held that Indian tribes do not possess the inherent sovereign authority to continue cross-jurisdictional fresh pursuit and detain a non-Indian who violated the law on reservation land. This Comment argues the Eriksen Court's reliance on RCW 10.92.020 is misplaced. RCW 10.92.020 is... |
2012 |
Yes |
| Jane Kloeckner |
Hold on to Tribal Sovereignty: Establishing Tribal Pesticide Programs That Recognize Inherent Tribal Authority and Promote Federal-Tribal Partnerships |
42 Environmental Law Reporter News & Analysis 10057 (January, 2012) |
The weak tribal/federal partnership in regulating pesticide pollution can be strengthened by building pesticide programs that recognize tribal inherent authority and enhance the opportunities for tribal members and non-members to learn about indigenous knowledge for protecting human health and the environment. A regulatory reinterpretation or... |
2012 |
Yes |
| |
Indian Aar Taxes Indirect Transfer of Indian Shares but Upholds Eligibility for Mauritius Treaty Capital Gains Exemption |
23 Journal of International Taxation 16 (March, 2012) |
In two separate decisions pronounced recently, India's Authority for Advance Rulings (AAR) considered the taxability of a transaction involving an indirect transfer of an Indian company, and a claim for the capital gains exemption under the India-Mauritius tax treaty. While the AAR upheld the validity of the treaty based on specific facts of the... |
2012 |
Yes |
| David M. Schraver, David H. Tennant |
Indian Tribal Sovereignty--current Issues |
75 Albany Law Review 133 (2011-2012) |
The relation of the Indian tribes living within the borders of the United States, both before and since the Revolution, to the people of the United States has always been an anomalous one, and of a complex character. There is nothing in the whole compass of our laws so anomalous, so hard to bring within any precise definition, or any logical and... |
2012 |
Yes |
| Sarah Krakoff |
Inextricably Political: Race, Membership, and Tribal Sovereignty |
87 Washington Law Review 1041 (December, 2012) |
Abstract: Courts address equal protection questions about the distinct legal treatment of American Indian tribes in the following dichotomous way: are classifications concerning American Indians racial or political? If the classification is political (i.e., based on federally recognized tribal status or membership in a federally recognized tribe)... |
2012 |
Yes |
| Jeffrey T. Matson |
Interstate Water Compact Version 3.0: Missouri River Basin Compact Drafters Should Consider an Inter-sovereign Approach to Accommodate Federal and Tribal Interests in Water Resources |
88 North Dakota Law Review 97 (2012) |
In the aftermath of the historic 2011 Missouri River flood, Missouri River Basin (MRB) state representatives and governors criticize the U.S. Army Corps of Engineers (Corps) for operating the Missouri River Mainstem Reservoir System (System) in support of the multiple, often conflicting, purposes outlined in the Flood Control Act of 1944. These... |
2012 |
Yes |
| Melody Kapilialoha MacKenzie |
Ke Ala Loa - the Long Native Hawaiian Sovereignty and the State of Hawai'i |
47 Tulsa Law Review 621 (Spring 2012) |
I. Introduction. 622 II. The Genesis of the Native Hawaiian-State Relationship. 624 A. The 1893 Overthrow of the Hawaiian Kingdom. 625 B. Annexation and the Ceded Lands. 626 C. The Hawaiian Homes Commission Act. 628 D. Statehood and the Admission Act. 630 E. 1978 State Constitutional Amendments. 632 III. Recent Controversies in the Native... |
2012 |
Yes |
| Brian Kolva |
Lacrosse Players, Not Terrorists : the Effects of the Western Hemisphere Travel Native American International Travel and Sovereignty |
40 Washington University Journal of Law & Policy 307 (2012) |
Most sports fans would agree that a world baseball championship without Americans, a world hockey championship without Canadians, or a world golf championship without Scots--the respective creators of the games--would be inadequate and disappointing. But this was precisely the situation lacrosse fans encountered in July 2010, when the Federation of... |
2012 |
Yes |
| Alexander Hogan |
Native American Communities by Preserving Sovereign Immunity and Determining the Place of Tribal Businesses in the Federal Bankruptcy Code |
43 Columbia Human Rights Law Review 569 (Spring, 2012) |
Revenues raised through Native American enterprises provide crucial support to the Native American communities in which these businesses are located. In particular, many tribes depend upon Indian casino gaming revenues to fund health care, child care, emergency services (police, fire, and ambulance), educational assistance programs, cultural... |
2012 |
Yes |
| Devin Ryan |
Off Native American Tribes Reasserting Sovereign Immunity to Trump Arbitration Agreements |
4 Yearbook on Arbitration and Mediation 286 (2012) |
The Supreme Court's decisions in Turner v. United States and United States v. U.S. Fidelity & Guaranty Co. firmly established the doctrine of tribal sovereign immunity. A Native American tribe enjoys sovereign immunity from suit, unless Congress has authorized the suit or the tribe has waived its immunity. Any such waiver must be clear and... |
2012 |
Yes |
| Frank R. Lawrence , Partner, Holland & Knight LLP |
Reflections on Tribal Sovereignty and Sovereign Immunity |
2012 Aspatore 5898574 (2012) |
To successfully navigate tribal law, attorneys must understand the origins, development, and purposes of tribal sovereignty. To non-Indians, this effort may seem an academic exercise unrelated to a practicing lawyer's concerns. But Indian law and history are the opposite sides of the same coin. As Elie Wiesel wrote, danger lies in forgetting.... |
2012 |
Yes |
| Frank R. Lawrence , Partner, Holland & Knight LLP |
Reflections on Tribal Sovereignty and Sovereign Immunity |
2012 Aspatore 5898574 (2012) |
To successfully navigate tribal law, attorneys must understand the origins, development, and purposes of tribal sovereignty. To non-Indians, this effort may seem an academic exercise unrelated to a practicing lawyer's concerns. But Indian law and history are the opposite sides of the same coin. As Elie Wiesel wrote, danger lies in forgetting.... |
2012 |
Yes |
| Nathalie Martin , Joshua Schwartz |
The Alliance Between Payday Lenders and Tribes: Are Both Tribal Sovereignty and Consumer Protection at Risk? |
69 Washington and Lee Law Review 751 (Spring, 2012) |
C1-3Table of Contents I. Introduction. 752 II. Background on the Economics of Tribal Life. 754 III. Background on Payday Loans. 758 A. Anatomy of a Payday Loan. 758 B. The Debate over Payday Lending Regulation. 759 C. The Habits of Payday Lenders and Customers. 760 D. The Legal and Regulatory Framework of Payday Lending. 764 IV. Background on... |
2012 |
Yes |
| Katheryn A. Bilodeau |
The Elusive Implied Water Right for Fish: Do Off-reservation Instream Water Rights Exist to Support Indian Treaty Fishing Rights? |
48 Idaho Law Review 515 (2012) |
C1-3TABLE OF CONTENTS I. INTRODUCTION. 515 II. BACKGROUND. 517 III. FISHING RIGHTS, ROUND ONE: THE RIGHT TO ACCESS USUAL AND ACCUSTOMED PLACES. 518 IV. CHANGES IN THE COLUMBIA RIVER BASIN. 520 V. FISHING RIGHTS, ROUND TWO: IS THE RIGHT TO TAKE FISH A RIGHT TO THE OPPORTUNITY TO CATCH FISH, OR IS THE RIGHT SOMETHING MORE?. 521 VI. THE IMPLIED... |
2012 |
Yes |
| Harry S. Jackson III |
The Incomplete Loom: Exploring the Checkered past and Present of American Indian Sovereignty |
64 Rutgers Law Review 471 (Winter 2012) |
It has been said that the Indian Wars never ceased, they only changed venue. We are still fighting. We are fighting in courts, we are fighting in Congress-- we are still fighting. And probably we'll always fight, or else we'll really be exterminated, through both acts of aggression or apathy. Rev. Dr. John R. Norwood Kelekpethakomaxkw (Smiling... |
2012 |
Yes |
| Amy Conners |
The Scalpel and the Ax: Federal Review of Tribal Decisions in the Interest of Tribal Sovereignty |
44 Columbia Human Rights Law Review 199 (Fall, 2012) |
Before Martinez, had the petitioners here appeared in tribal court to challenge the default judgment and been denied relief, they could have brought an Indian Civil Rights Act action. Instead, because Martinez denies federal jurisdiction over such actions, the petitioners assault the existence of tribal power rather than its exercise. Ironically, a... |
2012 |
Yes |
| Amanda Van Wieren |
The Silent Sovereign: Tipping the Scales in Reverse-erie Applications of Indian Law |
91 Oregon Law Review 297 (2012) |
Introduction. 298 I. The Doctrines. 300 A. State Law in Federal Court. 300 1. Erie Under the Rules of Decision Act. 301 2. Erie Under the Rules Enabling Act. 302 B. Federal Procedure in State Court. 304 1. Preemption for Beginners. 304 2. Introduction to Reverse- Erie. 307 II. Reverse- Erie in Practice. 310 A. Asymmetry Between the Doctrines. 311... |
2012 |
Yes |
| Natalie Landreth, Erin Dougherty |
The Use of the Alaskan Native Claims Settlement Act to Justify Disparate Treatment of Alaska's Tribes |
36 American Indian Law Review 321 (2012) |
When the Alaska Native Claims Settlement Act (ANCSA) was passed in 1971, there was little mention of how it might affect tribal sovereignty or tribal jurisdiction. According to its own explicit terms, it was a land settlement: aboriginal claims were extinguished in exchange for 45.5 million acres of land in fee simple and almost $1 billion. Despite... |
2012 |
Yes |
| Erin E. Odell |
United States v. Gallaher: the Ninth Circuit's Disingenuous Native American Sovereignty |
38 New England Journal on Criminal and Civil Confinement 291 (Summer, 2012) |
In April 1991, James H. Gallaher, Jr. shared a home with the mother of his infant daughter, Jennifer Clark, and a friend, Edwin Pooler. One day Pooler arrived at the shared home drunk and urinated on the floor, splashing urine onto Clark's daughter. Clark told Gallaher about these events and Gallaher found Pooler at a nearby bar where the two men... |
2012 |
Yes |
| Amanda M. Murphy |
A Tale of Three Sovereigns: the Nebulous Boundaries of the Federal Government, New York State, and the Seneca Nation of Indians Concerning State Taxation of Indian Reservation Cigarette Sales to Non-Indians |
79 Fordham Law Review 2301 (April, 2011) |
This Note examines the conflict between New York State and the Seneca Nation of Indians regarding the taxation of cigarette sales to non-Indians on Indian reservations. In 1994, the United States Supreme Court found New York's taxation scheme facially permissible without providing boundaries or guidance for the state's subsequent enforcement.... |
2011 |
Yes |
| Frank Pommersheim |
Amicus Briefs in Indian Law: the Case of Plains Commerce Bank v. Long Family Land & Cattle Co. |
56 South Dakota Law Review 86 (2011) |
The role of the amicus brief in litigation before the United States Supreme Court has changed significantly over time. This is true with regard to both its function and its increasing prevalence. This is no less the case in the field of Indian law. And while there is a developing body of scholarship relative to amicus practice generally, there is... |
2011 |
Yes |
| Vanessa Baehr-Jones , Christina Cheung |
An Exercise of Sovereignty: Attaining Attainment for Indian Tribes under the Clean Air Act |
34-SPG Environs Environmental Law and Policy Journal 189 (Spring 2011) |
I. Introduction. 191 II. Attainment and Nonattainment under the Clean Air Act. 193 A. The Basics of the Clean Air Act. 195 1. The Expense of Being in a Nonattainment Area. 196 2. The Prevention of Significant Deterioration Program for Attainment Areas. 198 B. States' Attempts to Attain Attainment. 201 III. The Clean Air Act's Grant of Authority to... |
2011 |
Yes |
| Elizabeth Ann Kronk |
Application of Title Vi in Indian Country: the Key Is Tribal Sovereignty |
6 Florida A & M University Law Review 215 (Spring 2011) |
Introduction. 215 I. Title VI Claims Against Federally-Recognized Tribes Are Likely Barred. 222 a. Application of Title VI to Tribes Acting Under TAS Status. 230 b. Application of Title VI Against Tribes Where the Matter at Issue is an Intra-tribal Matter. 232 II. Title VI Claims Arising in Indian Country But Not Brought Against Tribes. 233 III.... |
2011 |
Yes |
| Carey Austin Holliday |
Denying Sovereignty: the Louisiana Supreme Court's Rejection of the Tribal Exhaustion Doctrine |
71 Louisiana Law Review 1339 (Summer, 2011) |
In its recent decision in Meyer & Associates, Inc. v. Coushatta Tribe of Louisiana, the Louisiana Supreme Court declined to require the application of the Tribal Exhaustion Doctrine (the Doctrine) in Louisiana state district courts. The Doctrine is a federal jurisprudential rule that applies when a tribal court has a claim of jurisdiction over a... |
2011 |
Yes |
| Karl Jacoby, Brown University |
Gelya Frank and Carole Goldberg, Defying the Odds: the Tule River Tribe's Struggle for Sovereignty in Three Centuries, New Haven and London: Yale University Press, 2010. Pp. Xiv + 410. $65.00 (Isbn 978-0300120165) |
29 Law and History Review 654 (May, 2011) |
This work represents an unusual collaboration between an anthropologist (Gelya Frank) and a legal scholar (Carole Goldberg). Of the two authors, it is Frank who might best be considered the originator of the project, as she possesses the most prolonged experience with the Tule Lake Tribe, with whom she has worked in various capacities for... |
2011 |
Yes |
| Andrew W. Miller |
Iowa Tribe of Kansas and Nebraska v. Salazar: Sovereign Immunity as an Ongoing Inquiry |
7 Seton Hall Circuit Review 409 (Spring, 2011) |
In 1996, the United States Congress passed Public Law 98-602, which appropriated $100,000 to the purchase of real property on behalf of the Wyandotte Tribe (the Tribe). The Tribe intended to use these funds to acquire a parcel of land in downtown Kansas City, Kansas, (the Shriner Tract or the Tract) with the purpose of building and operating... |
2011 |
Yes |
| Gavin Clarkson , Jim Sebenius |
Leveraging Tribal Sovereignty for Economic Opportunity: a Strategic Negotiations Perspective |
76 Missouri Law Review 1045 (Fall, 2011) |
I. Introduction. 1046 II. A Brief History of Indian Law and Policy. 1048 A. Early Pequot History. 1049 B. Tribes as Separate Sovereigns. 1051 C. Self Determination and Tribal-State Compacting. 1056 1. Education. 1060 2. Law Enforcement. 1063 3. Taxation. 1064 4. Hunting and Fishing. 1065 D. Rationale for Compacting. 1067 III. A Brief History of... |
2011 |
Yes |
| Bryce P. Harp |
One Nation? Reexamining Tribal Sovereign Immunity in the Modern Era of Self-determination |
46 Tulsa Law Review 449 (Spring 2011) |
The concept of sovereign immunity is a remnant of early English common law. Under this doctrine, the King is immune from suit because the [K]ing can do no wrong. This concept still survives today, though abrogated to some degree by the federal government and most state and local governments, in the form of tribal sovereign immunity. Similar to... |
2011 |
Yes |
| Sarah W. Conkright |
The "Better Reading" of Section 17 of the Indian Reorganization Act: a Rejection of Automatic Waiver of Tribal Sovereign Immunity in Memphis Biofuels |
60 Catholic University Law Review 1175 (Fall, 2011) |
Business more than any other occupation is a continual dealing with the future; it is a continual calculation, an instinctive exercise in foresight. Few contexts require as much foresight as dealings between tribal and nontribal businesses. Generally, tribal corporations resemble nontribal corporations with respect to their business... |
2011 |
Yes |
| Michael Lawrence |
The Effects of Human Rights Norms on Native American Context |
20 Michigan State International Law Review 57 (2011) |
Introduction. 57 I. Radicals in Their Own Time. 57 II. Vine Deloria Jr. and Indian Sovereignty. 59 III. Indian Sovereignty and Human Rights. 62 IV. Community. 64 |
2011 |
Yes |
| Julien Chaisse, Debashis Chakraborty, Biswajit Nag |
The Three-pronged Strategy of India's Preferential Trade Policy: a ConTribution to the Study of Modern Economic Treaties |
26 Connecticut Journal of International Law 415 (Spring, 2011) |
Before the inception of the WTO, India generally did not pursue any regional economic agreement route to promote trade or to achieve any other goal. In the Post-Cancun Ministerial period, however, it has progressively entered into a number of preferential trade arrangements with several Asian, as well as non-Asian partners. Looking into India's... |
2011 |
Yes |
| Peter Erlinder |
Treaty-guaranteed Usufructuary Rights: Minnesota v. Mille Lacs Band of Chippewa Indians Ten Years on |
41 Environmental Law Reporter News & Analysis 10921 (October, 2011) |
In Minnesota v. Mille Lacs Band of Chippewa Indians, the U.S. Supreme Court unanimously held that U.S. treaty negotiators severed the perpetual right to use land from formal title to the land in an 1837 (and 1854) Treaty. The Mille Lacs majority and dissent differed only as to whether treaty-guaranteed usufructuary property rights had been... |
2011 |
Yes |
| |
Tribal Sovereign Immunity and Arbitration Agreements |
66-JUL Dispute Resolution Journal 94 (May-July, 2011) |
The California Court of Appeal held that the Soboba Band of Luiseno, an Indian tribe, did not waive its sovereign immunity by agreeing to arbitrate. Accordingly, the court affirmed the denial of the plaintiff's motion to compel arbitration. California Parking Services contracted with the band to provide valet parking to the casino on the Soboba... |
2011 |
Yes |
| Andrew Brooks |
Tribal Sovereignty and Resource Destiny: Hydro Resources, Inc. v. U.s. Epa |
88 Denver University Law Review 423 (Spring, 2011) |
One of the schemes Congress enacted for settling the vast expanses of the western United States was to deed to railroad companies alternating one-square-mile parcels on each side of the planned railroad. Subsequent sales of parcels helped fund railroad expansion, but also created a checkerboard of ownerships, sometimes including tribal sovereign... |
2011 |
Yes |
| Charissa A. Eichman , National Wildlife Federation |
Tribal Sovereignty, Jurisdiction, Zoning, and Environmental Regulations |
54-AUG Advocate 18 (August, 2011) |
Indian tribes are sovereign governments. When the Europeans arrived in what has now become the United States and encountered the people who inhabited it, they began entering into treaties and agreements with the Tribes. Later, the U.S. government continued in this practice. Tribes have maintained their sovereignty by reserving rights of... |
2011 |
Yes |
| Cassandra Barnum |
A Single Penny, an Inch of Land, or an Ounce of Sovereignty: the Problem of Tribal Sovereignty and Water Quality Regulation under the Maine Indian Claims Settlement Act |
37 Ecology Law Quarterly 1159 (2010) |
This Note has three goals: to describe the Environmental Protection Agency's 2003 delegation of National Pollutant Discharge Elimination System permitting authority to the State of Maine under the Clean Water Act, to critique the Agency's decision based on principles of federal Indian law, and to propose solutions to the resultant problems faced by... |
2010 |
Yes |
| Samantha A. Moppett |
Acknowledging America's First Sovereign: Incorporating Tribal Justice Systems into the Legal Research and Writing Curriculum |
35 Oklahoma City University Law Review 267 (Summer 2010) |
Marie Setian (Marie) drove to Foxwoods Resort Casino in Ledyard, Connecticut, with her husband and another couple for a day of gambling, dining, and entertainment. After gambling for a little while, the couples went to the Festival Buffet. At the buffet's seafood station, Marie placed some shrimp on her plate. As she walked to the international... |
2010 |
Yes |
| Taylor Reinhard |
Advancing Tribal Law Through "Treatment as a State" under the Obama Administration: American Indians May Also Find Help from Their Legal Relative, Louisiana--no Blood Quantum Necessary |
23 Tulane Environmental Law Journal 537 (Summer 2010) |
I. Introduction. 538 II. Background. 540 A. Tribal Sovereignty and the Federal Government's Fiduciary Duty as Trustee. 540 B. Treatment in the Same Manner as a State Really Means Treating Tribes as States. 541 C. Courts Carefully Lengthen the Arm of Tribal Jurisdiction under the TAS Doctrine. 542 III. American Indian Legal Systems: New Growth on... |
2010 |
Yes |
| Andrew G. Hill |
Another Blow to Tribal Sovereignty: a Look at Cross-jurisdictional Law-enforcement Agreements Between Indian Tribes and Local Communities |
34 American Indian Law Review 291 (2009-2010) |
Perhaps the most basic principle of all Indian law, supported by a host of decisions, is that those powers lawfully vested in an Indian nation are not, in general, delegated powers granted by express acts of Congress, but rather inherent powers of a limited sovereignty which has never been extinguished. The keystone of Indian tribes has long been... |
2010 |
Yes |
| Frank Pommersheim |
At the Crossroads: a New and Unfortunate Paradigm of Tribal Sovereignty |
55 South Dakota Law Review 48 (2010) |
This is the first in a series of three articles by Professor Frank Pommersheim to be published in the South Dakota Law Review. The second article will be forthcoming in Issue I, Vol. 56 (Fall 2010) and it is entitled Amicus Briefs in Indian Law: The Case of Plains Commerce Bank v. Long Family Land and Cattle, Co., Inc. The final article in the... |
2010 |
Yes |
| Marren Sanders |
Clean Water in Indian Country: the Risks (And Rewards) of Being Treated in the Same Manner as a State |
36 William Mitchell Law Review 533 (2010) |
I. Introduction. 534 II. The Clean Water Act. 535 A. Background. 535 B. Treatment as a State Provision. 537 C. Devolution, Delegation, or Something Else Entirely?. 540 D. The Bane of Jurisdiction. 542 E. The Wisconsin Debacle. 545 III. More Risk Than Reward?. 547 A. Here Today, Gone Tomorrow?. 549 B. Federal Core Standards. 550 C. The Oklahoma... |
2010 |
Yes |
| Joan S. Howland, University of Minnesota |
Deborah A. Rosen. American Indians and State Law: Sovereignty, Race, and Citizenship. 1790-1880. Lincoln: University of Nebraska Press, 2007. 360 Pp. $55.00 (Cloth); $29.95 (Paper) |
50 American Journal of Legal History 350 (July, 2008-2010) |
Despite the complexities of American Indian history and American Indian law, much recent scholarship on these interrelated topics has been relatively narrow and predictable. American Indian history is usually analyzed in a chronological manner with an obligatory nod towards themes such as wary cooperation. extermination, isolation, assimilation,... |
2010 |
Yes |
| Robert N. Clinton |
Enactment of the Indian Gaming Regulatory Act of 1988: the Return of the Buffalo to Indian Country or Another Federal Usurpation of Tribal Sovereignty? |
42 Arizona State Law Journal 17 (Spring 2010) |
The history of contact between Anglo-American settlers and Indian tribes constitutes nothing less than a virtually unending story involving the transfer of valuable resources, like land, gold, coal, oil, timber, uranium, and even the very sovereignty of Indian peoples, from native control to non-Indian ownership or control. That process of... |
2010 |
Yes |
| Nicholas A. Fromherz, Joseph W. Mead |
Equal Standing with States: Tribal Sovereignty and Standing after Massachusetts v. Epa |
29 Stanford Environmental Law Journal 130 (2010) |
Introduction. 130 I. Massachusetts v. EPA. 133 A. Standing Background. 134 B. The Litigation Itself. 137 1. Background. 138 2. Supreme Court. 139 C. Sovereignty and Standing after Massachusetts. 146 II. Indian Sovereignty: Its Nature and Scope. 149 A. History. 150 B. The Law. 155 1. The Marshall Trilogy. 155 2. Beyond the Marshall Trilogy:... |
2010 |
Yes |
| S. Chloe Thompson |
Exercising and Protecting Tribal Sovereignty in Day-to-day Business Operations: What the Key Players Need to Know |
49 Washburn Law Journal 661 (Spring 2010) |
The increase in tribal economic recovery and development over the last thirty years has, in many ways, been distinctly positive for numerous Tribes. As tribal economies have recovered and developed and their tribal financial resources correspondingly increased, these Tribes have become better able to exercise their sovereignty and... |
2010 |
Yes |
| Suzianne D. Painter-Thorne |
If You Build It, They Will Come: Preserving Tribal Sovereignty in the Face of Indian Casinos and the New Premium on Tribal Membership |
14 Lewis & Clark Law Review 311 (Spring 2010) |
This Article considers recent disputes over membership decisions made by American Indian tribal governments. Since Congress passed the Indian Gaming Regulatory Act in 1988, Indian casinos have flourished on some tribal reservations. Some argue that the new wealth brought by casinos has increased fights over membership as tribes seek to expel... |
2010 |
Yes |
| Jan Bissett , Margi Heinen |
In the Law: Keeping Current with American Indian Legal Resources |
89-FEB Michigan Bar Journal 48 (February, 2010) |
This month we focus on materials that help practitioners remain current with American Indian legal issues and news stories of interest. We'll also provide links to library or tribal collection research guides that may assist you in identifying or locating materials. The Libraries and Legal Research column last addressed American Indian legal... |
2010 |
Yes |
| Katherine J. Florey |
Indian Country's Borders: Territoriality, Immunity, and the Construction of Tribal Sovereignty |
51 Boston College Law Review 595 (May, 2010) |
Abstract: This Article explores the consequences of an anomaly in the Supreme Court's Indian law jurisprudence. In the past few decades, the Court has sharply limited the regulatory powers of tribal governments and the jurisdiction of tribal courts while leaving intact the sovereign immunity that tribes have traditionally enjoyed. The result has... |
2010 |
Yes |