| Author | Title | Citation | Summary | Year | Key Terms |
| Douglas B. L. Endreson |
Reconciling the Sovereignty of Indian Tribes in Civil Matters with the Montana Line of Cases |
55 Villanova Law Review 863 (2010) |
CONSIDERATION of the United States Supreme Court's recent decisions on issues of tribal inherent sovereign authority in civil matters is plainly timely. Indian tribes are assuming more and more responsibility for governing persons, Indian and non-Indian, and activities in Indian country, relying for these purposes on their inherent sovereign powers... |
2010 |
Yes |
| Catherine T. Struve |
Sove Native American Nations in Court |
55 Villanova Law Review 929 (2010) |
THE topic of this symposium--Sovereignty's Seductions: Reconciling Conflicting Claims to Govern --invited participants to discuss a wide array of attributes of sovereignty. I chose as my topic the sovereignty of Native American nations. As is well known, Native American tribes pre-existed both the state and federal governments. The federal... |
2010 |
Yes |
| Padraic I. McCoy |
Sovereign Immunity and Tribal Commercial Activity: a Legal Summary and Policy Check |
57-APR Federal Lawyer 41 (March/April, 2010) |
Federal and state governments in the United States enjoy sovereign immunity from suit, although the doctrine has been the subject of increasing attack. Historically, sovereign immunity has been routed in deference to the sovereign, in protecting government resources, and in leaving a long-recognized doctrine alone, or at least leaving it to the... |
2010 |
Yes |
| Mary-Beth Moylan |
Sovereign Rules of the Game: Requiring Campaign Finance Disclosure in the Face of Tribal Sovereign Immunity |
20 Boston University Public Interest Law Journal L.J. 1 (Fall 2010) |
I. Introduction. 1 II. Sovereignty. 5 A. Tribal Sovereignty and Tribal Sovereign Immunity. 6 1. History of Tribal Sovereignty. 6 2. Jurisprudence Concerning Tribal Sovereign Immunity. 11 B. State Sovereignty and Guaranteed Powers. 14 III. Developments in Campaign Disclosure Laws. 15 IV. The Intersection of Tribal, Federal, and State Sovereignty... |
2010 |
Yes |
| Doug Nix |
The Ninth Circuit Court of Appeals' Enforcement of the Fair Labor Standards Act in Solis v. Matheson: a Discussion of Laws of General Applicability and Their Impact on Tribal Sovereignty and Independence |
34 American Indian Law Review 359 (2009-2010) |
With tens of thousands of new congressional regulations becoming effective every year and hundreds of thousands already in effect, to say that the impact on anyone or any group falling subject to these regulations is immense is an understatement. So when a statute makes broad categorizations about when it regulates by stating, for example, that it... |
2010 |
Yes |
| Hope M. Babcock |
The Stories We Tell, and Have Told, about Tribal Sovereignty: Legal Fictions at Their Most Pernicious |
55 Villanova Law Review 803 (2010) |
I can't believe that! said Alice, Can't you? the Queen said, in a pitying tone. Try again: draw a long breath, and shut your eyes. Alice laughed. There's no use trying, she said; one can't believe impossible things. I dare say you haven't had much practice, said the Queen. When I was your age I always did it for half an hour a day.... |
2010 |
Yes |
| Mitchell Nathanson |
Truly Sovereign at Last: C.b.c. DisTribution v. Mlb Am and the Redefinition of the Concept of Baseball |
89 Oregon Law Review 581 (2010) |
I. C.B.C. Distribution and Marketing, Inc. v. Major League Baseball Advanced Media, LP. 585 II. Major League Baseball and Baseball as Synonyms. 589 III. The Rise of the Players. 594 IV. The Corporate Revolution. 603 V. The National Demonization of Major League Baseball and the Separation of Major League Baseball from the Concept of Baseball. 611... |
2010 |
Yes |
| Erick J. Rhoan |
What Congress Gives, Congress Takes Away: Tribal Sovereign Immunity and the Threat of Agroterrorism |
19 San Joaquin Agricultural Law Review 137 (2009-2010) |
In February of 2009, the Arabic news network, Al Jazeera, aired a video made by an Al-Qaeda recruiter. The recruiter told a room of supporters that the terrorist organization was assessing the United States-Mexico border for ways to infiltrate the United States, particularly through underground tunnels between the two nations. The purpose of the... |
2010 |
Yes |
| Steve Sanders |
Where Sovereigns and Cultures Collide: Balancing Federalism, Tribal Self-determination, and Individual Rights in the Adoption of Indian Children by Gays and Lesbians |
25 Wisconsin Journal of Law, Gender & Society 327 (Fall 2010) |
Introduction. 327 I. Background. 331 A. ICWA and Adoption. 331 B. Gay and Lesbian Adoption in the United States. 333 C. Indian Attitudes Toward Homosexuality and Same-sex Relationships. 334 II. Gay/Lesbian Adoptions in Tribal Court. 337 A. In Tribal Court, Tribal Law Controls. 338 B. Full Faith and Credit for Tribal Adoption Decrees. 339 III.... |
2010 |
Yes |
| Delores Subia BigFoot, Janie Braden |
Adapting Evidence-based Treatments for Use with American Indi Native Alaskan Children and Youth |
28 Child Law Practice 76 (July, 2009) |
It is impossible to capture or explain the nature and extent of assaults experienced by American Indians and Alaskan Native (AI/AN) families. AI/AN communities experience a disproportionate number of events that put them at risk for trauma reactions. Often, these contemporary disruptions have roots in the historical past. According to the National... |
2009 |
Yes |
| Ann E. Tweedy |
Connecting the Dots Between the Constitution, the Marshall Trilogy, and United States v. Lara: Notes Toward a Blueprint for the next Legislative Restoration of Tribal Sovereignty |
42 University of Michigan Journal of Law Reform 651 (Spring 2009) |
This law review Article examines: (1) the underpinnings of tribal sovereignty within the American system; (2) the need for restoration based on the Court's drastic incursions on tribal sovereignty over the past four decades and the grave circumstances, particularly tribal governments' inability to protect tribal interests on the reservation and... |
2009 |
Yes |
| Shira Kieval |
Discerning Discrimination in State Treatment of American Indians Going Beyond Reservation Boundaries |
109 Columbia Law Review 94 (January, 2009) |
Generally, federal Indian law cases focus on jurisdiction inside of Indian Country. Occasionally, however, challenges arise about the application of state law to American Indians outside of Indian Country. In 1973, and again in 2005, the Supreme Court announced that [a]bsent express federal law to the contrary, Indians going beyond reservation... |
2009 |
Yes |
| Merritt Schnipper |
Federal Indian Law--ambiguous Abrogation: the First Circuit Strips the Narragansett Indian Tribe of its Sovereign Immunity |
31 Western New England Law Review 243 (2009) |
Chief Sachem Matthew Thomas got up and put on a shirt and tie. The Narragansett tribe leader expected to end the day in federal court, where he would confront the Rhode Island officials who were attempting to shut down the tribe's tax-free smoke shop. But when Tribal Councilman Hiawatha Brown called at one in the afternoon to say that a convoy of... |
2009 |
Yes |
| T. Haller Jackson IV |
Fee Shifting and Sovereign Immunity after Seminole Tribe |
88 Nebraska Law Review Rev. 1 (2009) |
I. Introduction. 2 II. (Very) Brief Histories. 6 A. 42 U.S.C. § 1983. 6 B. 42 U.S.C. § 1988. 9 C. The States' Eleventh Amendment Sovereign Immunity. 11 III. The Full Contours of the Problem. 16 A. The Practical Context. 16 B. The Doctrinal Background. 19 C. The Near Misses in Precedent. 23 IV. Easy Answers Dismissed. 26 A. Personal Capacity... |
2009 |
Yes |
| T. Haller Jackson IV |
Fee Shifting and Sovereign Immunity after Seminole Tribe |
88 Nebraska Law Review Rev. 1 (2009) |
I. Introduction. 2 II. (Very) Brief Histories. 6 A. 42 U.S.C. § 1983. 6 B. 42 U.S.C. § 1988. 9 C. The States' Eleventh Amendment Sovereign Immunity. 11 III. The Full Contours of the Problem. 16 A. The Practical Context. 16 B. The Doctrinal Background. 19 C. The Near Misses in Precedent. 23 IV. Easy Answers Dismissed. 26 A. Personal Capacity... |
2009 |
Yes |
| Alex M. Hagen |
From Formal Separation to Functional Equivalence: Tribal-federal Dual Sovereignty and the Sixth Amendment Right to Counsel |
54 South Dakota Law Review 129 (2009) |
The dual sovereignty doctrine reflects the bifurcated structure of the federal system, but it also incorporates individual Indian tribes as unique third sovereigns within that system. Recently, the doctrine's application to the Sixth Amendment right to counsel has split the federal circuit courts and revealed a conflict between adhering to the dual... |
2009 |
Yes |
| Barbara McDonald |
How a Nineteenth Century Indian Treaty Stopped a Twenty-first Century Megabomb |
9 Nevada Law Journal 749 (Spring 2009) |
The U.S. Defense Threat Reduction Agency (DTRA) created controversy beginning in 2006 when it announced its intention to detonate Divine Strake, a 700-ton fuel oil and fertilizer bomb at the Nevada Test Site (NTS). The DTRA maintained the purpose of the bomb was to advance conventional weapons, even though government documents had described the... |
2009 |
Yes |
| Michael C. Blumm , Jane G. Steadman |
Indian Treaty Fishing Rights and Habitat Protection: the Martinez Decision Supplies a Resounding Judicial Reaffirmation |
49 Natural Resources Journal 653 (Summer-Fall, 2009) |
In the nineteenth century, the federal government convinced many Pacific Northwest tribes to enter into treaties that would facilitate white settlement. These treaties resulted in tribes ceding millions of acres of homeland in exchange for the right to take fish from all the usual and accustomed places. Although it was assumed that the salmon... |
2009 |
Yes |
| David H. House , Thomas Weathers |
Indian Tribes and Casinos |
35-NOV Montana Lawyer Law. 5 (November, 2009) |
Some believe there is a judicial trend of restricting Indian law tax immunities. If so, this trend may be an offshoot of recent U.S. Supreme Court decisions chipping away at tribal sovereignty, or it may be influenced by a narrow and inaccurate view of tribes as rich casinos. As Montanans know, thinking of tribes as rich casinos ignores the... |
2009 |
Yes |
| Guadalupe Gutierrez, Ph.D. |
Jurisdictional Ambiguities among Sovereigns: the Impact of the Indian Gaming Regulatory Act on Criminal Jurisdiction on Tribal Lands |
26 Arizona Journal of International & Comparative Law 229 (Spring, 2009) |
At first blush, it seems the Indian Gaming Regulatory Act (IGRA) succeeded in providing enormous economic opportunities for tribal governments to further their aspirations as self-governing, self-sufficient autonomous bodies. Closer inspection, however, reveals that IGRA was a reactionary response by Congress that did little to carry forward ideals... |
2009 |
Yes |
| Michelle Smith , Janet C. Neuman |
Keeping Indian Claims Commission Decisions in Their Place: Assessing the Preclusive Effect of Icc Decisions in Litigation over Off-reservation Treaty Fishing Rights |
31 University of Hawaii Law Review 475 (Summer, 2009) |
Congress established the Indian Claims Commission (ICC) in 1946 as a forum to adjudicate claims by Native American tribes against the United States. Between 1946 and its termination in 1978, the Commission decided 610 tribal claims and awarded over 800 million dollars in compensation to 170 tribes. Although the ICC's remedial authority was limited... |
2009 |
Yes |
| Darren J. Ranco |
Models of Tribal Environmental Regulation |
56-APR Federal Lawyer 46 (March/April, 2009) |
This article examines the current regulatory models in tribal environmental programs to see if the regulations meet standards of tribal sovereignty that are designed to protect tribal cultures and lifeways. In particular, I am concerned that the approaches to regulation currently available to tribes-- driven by federal mandates and notions of... |
2009 |
Yes |
| Lincoln L. Davies |
Skull Valley Crossroads: Native Sovereignty and the Federal Trust |
68 Maryland Law Review 290 (2009) |
It has been long recognized that a deep tension pervades federal American Indian law. The foundational principles of the field--on the one hand, the notion that tribes keep their inherent right of sovereignty and, on the other, that the federal government has a power and duty to protect them--clash on their face. Despite years of criticism of this... |
2009 |
Yes |
| Dale Beck Furnish |
Sorting out Civil Jurisdiction in Indian Country after Plains Commerce Bank: State Courts and the Judicial Sovereignty of the Navajo Nation |
33 American Indian Law Review 385 (2008-2009) |
People need to be aware of the rightful place of Indian Nations. -- Chief Justice Herb Yazzie, Navajo Nation Supreme Court On June 25, 2008, the Supreme Court of the United States decided Plains Commerce Bank v. Long Family Land & Cattle Co., applying Strate v. A-1 Contractors, decided eleven years before. Whereas the high court decided Strate by... |
2009 |
Yes |
| Jeff M. Kosseff |
Sovereignty for Profits: Courts' Expansion of Sovereign Immunity to Tribe-owned Businesses |
5 Florida A & M University Law Review 131 (Fall 2009) |
I. Introduction. 132 II. History of Sovereign Immunity for Commercial Tribe-Owned Enterprises. 134 A. Origins of Tribal Sovereign Immunity. 134 B. Kiowa provides sovereign immunity to the commercial activities of tribal governments. 137 III. After Kiowa, courts dramatically expanded sovereign immunity for tribal corporations. 138 A. Sovereign... |
2009 |
Yes |
| Jeff M. Kosseff |
Sovereignty for Profits: Courts' Expansion of Sovereign Immunity to Tribe-owned Businesses |
5 Florida A & M University Law Review 131 (Fall 2009) |
I. Introduction. 132 II. History of Sovereign Immunity for Commercial Tribe-Owned Enterprises. 134 A. Origins of Tribal Sovereign Immunity. 134 B. Kiowa provides sovereign immunity to the commercial activities of tribal governments. 137 III. After Kiowa, courts dramatically expanded sovereign immunity for tribal corporations. 138 A. Sovereign... |
2009 |
Yes |
| Cullen D. Sweeney |
The Bank Began Treating Them Badly: Plains Commerce Bank, the Supreme Court, and the Future of Tribal Sovereignty |
33 American Indian Law Review 549 (2008-2009) |
The sovereign status of Indian tribes in the United States is an endangered species in the menagerie of legal ideals: everywhere stalked, cornered, and assailed by arrows of law. Existing at the sufferance of the judiciary, the Indian sovereignty that was once a monument of inherent strength has become a hunted and harrowed thing. In Plains... |
2009 |
Yes |
| Cullen D. Sweeney |
The Bank Began Treating Them Badly: Plains Commerce Bank, the Supreme Court, and the Future of Tribal Sovereignty |
33 American Indian Law Review 549 (2008-2009) |
The sovereign status of Indian tribes in the United States is an endangered species in the menagerie of legal ideals: everywhere stalked, cornered, and assailed by arrows of law. Existing at the sufferance of the judiciary, the Indian sovereignty that was once a monument of inherent strength has become a hunted and harrowed thing. In Plains... |
2009 |
Yes |
| Joshua Jay Kanassatega |
The Discovery Immunity Exception in Indian Country--promoting American Indian Sovereignty by Fostering the Rule of Law |
31 Whittier Law Review 199 (Winter 2009) |
It is axiomatic in federal court litigation that every person within the jurisdiction of the Government is bound to perform when properly summoned. This axiom is fundamental to the public's interest in the orderly operation of the judicial machinery. The public policy underlying this maxim suggests that there should be few, if any, exceptions... |
2009 |
Yes |
| Emily Brand |
The Struggle to Exercise a Treaty Right: an Analysis of the Makah Tribe's Path to Whale |
32-SPG Environs Environmental Law and Policy Journal 287 (Spring 2009) |
Table of Contents. 287 Introduction. 289 I. Makah Whaling History. 291 A. The Treaty of Neah Bay. 291 B. A Brief History of Whaling. 292 C. The Gray Whale (Eschrictus robustus). 293 D. Laws Passed During Voluntary Makah Whaling Hiatus. 294 II. The Makah Nation Goes Whaling. 296 A. The First Hunt in Seventy Years. 296 B. The Makah Try to Exercise... |
2009 |
Yes |
| Matthew Handler |
Tribal Law and Disorder: a Look at a System of Broken Justice in Indian Country and the Steps Needed to Fix it |
75 Brooklyn Law Review 261 (Fall, 2009) |
On a typical spring night in 2004, Alex Apichito, a young construction worker, and some friends were walking home from a party when they ran into Alex's older cousin, Leonard. Even though the two had a sometimes turbulent relationship, Leonard invited the group back to his house for drinks. At some point later that night, Alex and Leonard began to... |
2009 |
Yes |
| Caprice L. Roberts |
A Desert Grows Between Us --the Sovereignty Paradox at the Intersection of Tribal and Federal Courts |
65 Washington and Lee Law Review 347 (Winter, 2008) |
Having been raised in the white society, I can understand and communicate on your level-it is an adjustment I have had to make in order to succeed in your world. But I can also understand and communicate with my people, in our way. The many differences in our cultures (such as communication and understanding) may to you seem subtle or superficial... |
2008 |
Yes |
| Gary Goldsmith |
Big Spenders in State Elections--has Financial Participation by Indian Tribes Defined the Limits of Tribal Sovereign Immunity from Suit? |
34 William Mitchell Law Review 659 (2008) |
I. Introduction. 659 II. John Marshall and the Supreme Court Establish the Roots of the Doctrine of Indian Tribal Sovereignty. 663 III. The Promises of Indian Treaties are Weakened as a Basis for Tribal Sovereignty. 669 IV. States Efforts to Exert Their Jurisdiction Over Tribal Lands and Members. 673 V. The Regulatory Cases Provide Opportunities... |
2008 |
Yes |
| Marren Sanders |
Ecosystem Co-management Agreements: a Study of Nation Building or a Lesson on Erosion of Tribal Sovereignty? |
15 Buffalo Environmental Law Journal 97 (2007-2008) |
This article examines tribal sovereignty and resource management in the era of environmental self-determination through the lens of the Cornell/Kalt model of nation building in Indian Country. The nation building model holds that tribes can achieve self-determination by acting, thinking, being, and relating as independent, self-governing nations,... |
2008 |
Yes |
| Nathaniel T. Haskins |
Framing Concurrent Jurisdiction Issues in the Self-determination Era: Accepting the First Circuit's Analysis but Rejecting its Application to Preserve Tribal Sovereignty |
32 American Indian Law Review 441 (2007-2008) |
In beginning this journey, entertain with me an absurd but salient hypothetical. Assume for a moment that the State of Texas sells a portion of its land to Oklahoma. The terms of the sale stipulate that Texas and Oklahoma retain concurrent jurisdiction over the land. An obvious problem arises. How do the states determine which laws apply? And... |
2008 |
Yes |
| Lane R. Neal |
Highway Appropriations Bill Shapes Tribal Sovereignty: a Look at Oklahoma Tribes' Ability to Set Environmental Standards in Light of Recent Federal Legislation |
32 American Indian Law Review 219 (2007-2008) |
The relationship between Native Americans and their natural environment goes back to the beginning of human life in North America. As sovereign nations with strong cultural ties to their natural environment, it would seem rational that regulation of environmental standards within Indian Country would be left to the tribes. However, environmental... |
2008 |
Yes |
| Rebecca A. Hart , M. Alexander Lowther |
Honoring Sovereignty: Aiding Tribal Efforts to Native American Women from Domestic Violence |
96 California Law Review 185 (February, 2008) |
Each year more than 4 million women are the victims of domestic violence at the hands of their partners--this is an epidemic from which Native American women are not immune. The obstacles to leaving an abusive relationship are numerous: women often need medical help, may lack the financial resources to support themselves and their families, and... |
2008 |
Yes |
| Brian P. Dimmer |
How Tribe and State Cooperative Agreements Can Save the Adam Walsh Act from Encroaching upon Tribal Sovereignty |
92 Marquette Law Review 385 (Winter 2008) |
President George W. Bush signed the Adam Walsh Child Protection and Safety Act of 2006 (AWA) into law on July 27, 2006. Congress passed the AWA to expand the national sex offender registry, strengthen federal penalties for crimes against children, and prevent sexual predators from reaching children on the internet. To achieve these purposes, the... |
2008 |
Yes |
| Charles Wilkinson |
Indian Nations and the Federal Government: What Will Justice Require in the Future? Claims Against the Sovereign 20th Judicial Conference of the United States Court of Federal Claims |
17 Federal Circuit Bar Journal 235 (2008) |
The Court of Federal Claims has asked me to take a few minutes to step back, look out toward the horizon, and even dream a bit, about what the field of Indian law might be and I'm honored to oblige as best I can. I believe that Indian tribes would receive the high justice they deserve from our courts if judges were to understand two legal doctrines... |
2008 |
Yes |
| Eagle H. Robinson |
Infringing Sovereignty: Should Federal Courts Protect Patents and Copyrights from Tribal Infringement? |
32 American Indian Law Review 233 (2007-2008) |
Growing tribal economies raise numerous legal issues. Tribal activities now range from the operation of tribal smoke shops and gas stations to the operation of manufacturing plants and the operation of highly successful gaming operations. One important issue arises when an Indian tribe infringes a patent or copyright. Although collisions between... |
2008 |
Yes |
| Robert J. Miller |
Inter-Tribal and International Treaties for American Indian Economic Development |
12 Lewis & Clark Law Review 1103 (Winter 2008) |
American Indian nations and Indian people and Indigenous groups around the world are usually the poorest communities in their countries. These entities must develop and promote economic activities and jobs for their people. Economic development is an absolutely crucial social, political, and legal issue for these governments and their people.... |
2008 |
Yes |
| Whitney Austin Walstad |
Maine v. Johnson: a Step in the Wrong Direction for the Tribal Sovereignty of the Passamaquoddy Tribe and the Penobscot Nation |
32 American Indian Law Review 487 (2007-2008) |
In August of 2007, the First Circuit Court of Appeals issued a decision in Maine v. Johnson. Declaring that regulation of pollutants by Indians into Indian waters was not within the scope of tribes' explicit authority over internal tribal matters, the First Circuit concluded that two tribes in Maine - the Passamaquoddy Tribe and the Penobscot... |
2008 |
Yes |
| Judith V. Royster |
Practical Sovereignty, Political Sovereignty, and the Indian Tribal Energy Development and Self-determination Act |
12 Lewis & Clark Law Review 1065 (Winter 2008) |
This Article addresses the latest attempt by Congress to promote tribal self-determination through a statute designed to increase tribal control over energy resource development on Indian lands. The author begins with a brief history of the gradual transfer of control over tribal resources from the federal government to tribes. This shift in... |
2008 |
Yes |
| Phillip M. Kannan |
Reinstating Treaty- Native American Tribes |
16 William & Mary Bill of Rights Journal 809 (March, 2008) |
Mr. [President], tear down this wall! There is a wall that prevents Native American tribes and the United States from forming political partnerships under the Treaty Clause of the Constitution. It was created by a rider to the Indian Appropriation Act of 1871. The current text of the statute states, in part: [N]o Indian nation or tribe within the... |
2008 |
Yes |
| Justin B. Richland, University of California |
Sovereign Time, Storied Moments: the Temporalities of Law, Tradition, and Ethnography in Hopi Tribal Court |
31 PoLAR: Political and Legal Anthropology Review Rev. 8 (May, 2008) |
This article analyzes the temporalities that emerge in interactions before the tribal court of the Hopi Indian Nation. Particular attention will be paid to the interdiscur-sive strategies employed by courtroom interlocutors negotiating between adherence to Anglo-legal notions of fact and norm, and the narratives of Hopi tradition regularly raised... |
2008 |
Yes |
| Terry L. Anderson , Dominic P. Parker , Property and Environment Research Center, University of California, Santa Barbara |
Sovereignty, Credible Commitments, and Economic Prosperity on American Indian Reservations |
51 Journal of Law & Economics 641 (November, 2008) |
American Indian reservations are islands of poverty in a sea of wealth. Because this poverty cannot be explained solely by natural resource, physical, and human capital constraints, institutions are likely to be part of the explanation. One of the institutional variables is the sovereign power of tribes, which allows tribal governments to act... |
2008 |
Yes |
| Adam F. Kinney |
The Tribe, the Empire, and the Nation: Enforceability of Pre-revolutionary Treaties Native American Tribes |
39 Case Western Reserve Journal of International Law 897 (2007-2008) |
If there fall out any wars between us and them, what their fight is likely to be, we having advantages against them so many manner of ways, as by our discipline, our strange weapons and devices else, especially by ordinance great and small, it may easily be imagined; by the experience we have had in some places, the turning up of their heels... |
2008 |
Yes |
| Scott A. Taylor |
The Unending Onslaught on Tribal Sovereignty: State Income Taxation of Non-member Indians |
91 Marquette Law Review 917 (Summer 2008) |
I. Introduction. 917 II. The Antecedents. 920 A. The Colonial Period. 920 B. British Taxation. 923 C. Confederation and the Early Federal Period. 924 D. Worcester v. Georgia. 928 E. The Confederate Constitution. 932 F. Early State Attempts to Tax Tribes. 933 G. The Fourteenth Amendment. 936 H. New States and Enabling Legislation. 938 I. Allotment.... |
2008 |
Yes |
| Martin Nie |
The Use of Co-management and Protected Land-use Designations to Protect Tribal Cultural Resources and Reserved Treaty Rights on Federal Lands |
48 Natural Resources Journal 585 (Summer, 2008) |
Several Native Nations in the United States have cultural resources and reserved treaty rights on federal lands. This article examines two approaches that can be used to protect such values and rights: the use of cooperative management models and protected land-use designations made by Congress or federal land agencies. Background on both subjects... |
2008 |
Yes |
| Robert O. Saunooke |
Tribal Justice |
47 Judges' Journal 15 (Fall, 2008) |
I was intrigued by an article entitled Access to the Courts: Equal Justice for All written a few years ago by former ABA president Robert J. Grey Jr. The goal of the article was a noble one. President Grey set forth in great detail the obstacles and challenges to making courts more accessible and justice more obtainable for all people. President... |
2008 |
Yes |