| Author | Title | Citation | Summary | Year | Key Terms |
| Alex Tallchief Skibine |
Tribal Sovereign Interests Beyond the Reservation Borders |
12 Lewis & Clark Law Review 1003 (Winter 2008) |
After describing how, from a global perspective, traditional concepts of state sovereignty have moved away from being uniquely tied to exclusive control of territories, this Article shows how the United States concept of tribal sovereignty is also no longer tied to territorial sovereignty. This is evident from the fact that, mostly through Supreme... |
2008 |
Yes |
| Josh Stellmon |
Under the Guise of 'Treaty Rights:' the Nez Perce Tribe of Idaho, Steelhead, and Gillnetting |
29 Public Land & Resources Law Review 63 (2008) |
I. Introduction. 64 II. Fishing, Anadromous Fish and the Nez Perce People. 66 A. History and Culture. 66 B. Fish and Contemporary Nez Perce Society. 70 III. Legal Issues Surrounding the Current Gillnetting Plan. 70 A. Treaty Fishing Rights and Government Regulation. 71 1. The Puyallup Decisions. 71 2. Share and Share Alike: Apportionment of... |
2008 |
Yes |
| Erik S. Laakkonen |
Up in Smoke? Narragansett, Hicks, and the Erosion of Tribal Sovereign Immunity |
11 Journal of Gender, Race and Justice 453 (Spring 2008) |
The Supreme Court has long recognized the doctrine of tribal sovereign immunity from suit. The doctrine was developed exclusively under federal common law, unlike state immunity, and is firmly rooted in American Indian law. Despite its benefit to tribal entities, in recent years the Supreme Court has suggested the need for Congress to abrogate, or... |
2008 |
Yes |
| Angela R. Riley |
(Tribal) Sovereignty and Illiberalism |
95 California Law Review 799 (June, 2007) |
Liberalism struggles with an ancient paradox. That is, it must navigate the sometimes treacherous course between individual autonomy and pluralism's accommodation. In this Article, I argue that this philosophical tension has manifested in very concrete intrusions on American Indians' tribal sovereignty. On the one hand, tribal sovereignty guards... |
2007 |
Yes |
| Kyle S. Conway |
A Tale of Two Sovereigns: the Implications of Dairyland Greyhound Park, Inc. v. Doyle on Tribal and State Self-government |
2007 Wisconsin Law Review 1313 (2007) |
Men being, as has been said, by nature all free, equal, and independent, no one can be put out of this estate and subjected to the political power of another without his own consent. -- John Locke No one paying attention to Wisconsin politics could have ignored the heated political debate that began when Governor Jim Doyle negotiated expanded... |
2007 |
Yes |
| Meredith Mullins |
American-Indian Law - Taxation - Michigan General Property Tax Act Is Not Valid Against Indian Reservation Land Alloted under the 1854 Treaty Because Congress Did Not Expressly Authorize It. Keweenaw Bay Indian Community v. Naftaly, 452 F.3d 514 (6th Cir. |
85 University of Detroit Mercy Law Review 57 (Fall 2007) |
In Keweenaw Bay Indian Community v. Naftaly, the Sixth Circuit granted leave to appeal to determine whether application of the Michigan General Property Tax Act (hereinafter Act) would violate the terms of the 1854 Treaty. Plaintiff, a federally recognized American-Indian tribe and the successor in interest of the Chippewa Indian bands, filed a... |
2007 |
Yes |
| Christopher Cowan |
An Unworkable Rule of Law: the Ada, Education, and Sovereign Immunity; an Argument for Overruling Seminole Tribe of Florida v. Florida Consistent with Stare Decisis |
80 Southern California Law Review 347 (January, 2007) |
On July 26, 2005, President George W. Bush released a proclamation celebrating the fifteenth anniversary of the Americans with Disabilities Act (ADA), signed into law by the former President Bush. In the proclamation, President Bush call[ed] on all Americans . . . to fulfill the promise of the ADA [and] to give all people the opportunity to live... |
2007 |
Yes |
| Hon. Gaylen L. Box , Magistrate Judge Sixth Judicial District |
Crow Dog: Tribal Sovereignty & Criminal Jurisdiction in Indian Country |
50-MAY Advocate 13 (May, 2007) |
Crow Dog really started something on that hot dusty August afternoon in the Dakota Territory in 1881. The Sioux Nation had been fractured by the United States and its members scattered among various reservations. Just outside the Rosebud Indian Agency on the Great Sioux Reservation, Crow Dog shot and killed Spotted Tail, a Brule Sioux chief.... |
2007 |
Yes |
| Stacy L. Leeds |
Defeat or Mixed Blessing? Tribal Sovereignty and the State of Sequoyah |
43 Tulsa Law Review Rev. 5 (Fall 2007) |
American Indian legal history is replete with stories of foreseeable consequences. Most of these stories involve the United States failing to uphold treaty guarantees. In each of these stories, the United States ignores the tribal diplomatic efforts of the time, engages in unilateral federal action, and tribal autonomy is forever diminished. In... |
2007 |
Yes |
| Timothy R. Hurley |
Elevating Form over Substance at the Expense of Indian Sovereignty [Wagnon v. Prairie Band Potawatomi Nation, 126 S. Ct. 676 (2005)] |
46 Washburn Law Journal 453 (Winter 2007) |
An unlimited power to tax involves, necessarily, a power to destroy. When the Europeans discovered America in 1492, five million people in 600 Indian tribes already inhabited the area now known as the United States. Each tribe had its own language and government and considered itself a distinct sovereign entity. Sovereignty is the force or power... |
2007 |
Yes |
| Bryan H. Wildenthal |
Federal Labor Law, Indian Sovereignty, and the Canons of Construction |
86 Oregon Law Review 413 (2007) |
Introduction: The National Labor Relations Act, Indian Government Employment, and the San Manuel Litigation. 414 I. The Factual and Historical Background of San Manuel and California Indian Gaming. 423 II. San Manuel and the Canons of Construction. 431 A. The NLRA and Government Employers. 431 B. How the Canons Should Apply. 434 C. The NLRB Plays... |
2007 |
Yes |
| Pooja Van Dyck |
Importing Western Style, Exporting Tragedy: Changes in Indian Patent Law and Their Impact on Aids Treatment in Africa |
6 Northwestern Journal of Technology & Intellectual Property 138 (Fall, 2007) |
In March 2005, new patent laws were passed in India to comply with World Trade Organization (WTO) regulations and, specifically, the Trade Related Aspects of Intellectual Property Rights Agreement. These patent laws convey protections that are similar to a Western-style patent system. India's role as a supplier of inexpensive generic drugs to... |
2007 |
Yes |
| Daniel Lee Jacobson |
Indian Sovereignty - a Brief History |
49-JUN Orange County Lawyer 32 (June, 2007) |
With the advent of Indian gaming the concept of Indian sovereignty has worked its way into the common lexicon. A typical answer to the question as to why Indian Tribes can offer gambling is that those Tribes are sovereigns. While that answer is partially correct, it is not wholly correct. In law, American Indian Tribes are dependent sovereigns.... |
2007 |
Yes |
| David P. Currie |
Indian Treaties |
10 Green Bag 445 (Summer, 2007) |
The United States had made treaties with Native American tribes since before the Constitution was adopted. The Statutes at Large are full of them. By an obscure rider to an Indian appropriation bill Congress in 1871 attempted to put an end to the practice: Provided, that hereafter no Indian nation or tribe within the territory of the United States... |
2007 |
Yes |
| Gregory J. Wong |
Intent Matters: Assessing Sovereign Immunity for Tribal Entities |
82 Washington Law Review 205 (February, 2007) |
Abstract: Indian tribes create corporations and agencies, such as casinos and economic development organizations, to further tribal goals. When such an entity is sued, the courts must determine whether the entity shares in the tribe's inherent sovereign immunity. Like tribes, the federal and state governments also create corporations and agencies... |
2007 |
Yes |
| Carla D. Pratt |
Loving Indian Style: Maintaining Racial Caste and Tribal Sovereignty Through Sexual Assimilation |
2007 Wisconsin Law Review 409 (2007) |
I. Introduction. 410 II. Tribal Miscegenation Laws. 414 A. The Genesis of Tribal Laws Regulating Loving. 414 B. The Context of Indian Miscegenation Law. 417 1. Geographical Containment Creates Vulnerability. 417 2. State Sovereignty Versus Tribal Sovereignty. 418 3. Science and Education Influence Tribal Policy. 421 4. The Tribes Seek the... |
2007 |
Yes |
| Jeffrey Robert Connolly |
Northern Wisconsin Reacts to Court Interpretations of Indian Treaty Rights to Natural Resources |
11 Great Plains Natural Resources Journal 116 (Fall/Spring, 2006-2007) |
A century after they had ceded almost fifteen million acres of land, the Lake Superior and Mississippi Chippewa of Minnesota and Wisconsin began exercising their treaty guaranteed rights to natural resources. This led to resentment, animosity and anger in those who saw the Chippewa's use of modern fishing and hunting practices to harvest an... |
2007 |
Yes |
| Ross Naughton |
State Statutes Limiting the Dual Sovereignty Doctrine: Tools for Tribes to Reclaim Criminal Jurisdiction Stripped by Public Law 280? |
55 UCLA Law Review 489 (December, 2007) |
Tribal sovereignty suffered greatly by the 1953 passage of Public Law 280, which gave certain states jurisdiction over the Indian country within their borders. However, recent cases show that tribes can preempt this state jurisdiction, and thereby reclaim some measure of sovereignty, if they prosecute crimes first--so long as the surrounding state... |
2007 |
Yes |
| Clay Smith , Idaho Attorney General's Office, Natural Resources Division |
Tribal Sovereign Immunity: a Primer |
50-MAY Advocate 19 (May, 2007) |
This article discusses the development of the principle--known as tribal sovereign immunity--that Indian tribes are immune from suit unless they have consented or Congress has abrogated the immunity. Tribal sovereign immunity is a judge-made, or federal common law, doctrine finding its roots in a 1919 Supreme Court decision. Since then, the Supreme... |
2007 |
Yes |
| Bruce Botelho |
Tribal Sovereignty in Alaska |
15 Willamette Journal of International Law and Dispute Resolution 155 (2007) |
I. Introduction. 155 II. Origins of Indian law. 156 A. Evolution of American Indian Law. 157 1. Indian Treaties to Settle Aboriginal Claims. 157 2. Post-Civil War: Assimilation. 157 3. Indian Reorganization Act of 1934. 158 4. Modern Period. 158 B. Indian Country. 158 III. The Alaska Situation. 159 A. The Geography and Demographics of Alaska. 159... |
2007 |
Yes |
| Greggory W. Dalton |
A Failure of Expression: How the Provisions of the U.s. Bankruptcy Code Fail to Abrogate Tribal Sovereign Immunity |
81 Washington Law Review 645 (August, 2006) |
Abstract: Sections 106(a) and 101(27) of the U.S. Bankruptcy Code use the general phrase other foreign or domestic government to abrogate sovereign immunity without specifically referencing Indian tribes. The U.S. Supreme Court has not yet decided whether these sections of the Code abrogate tribal sovereign immunity, and lower court decisions... |
2006 |
Yes |
| Paul Porter |
A Tale of Conflicting Sovereignties: the Case Against Tribal Sovereign Immunity and Federal Preemption Doctrines Preventing States' Enforcement of Campaign ConTribution Regulations on Indian Tribes |
40 University of Michigan Journal of Law Reform 191 (Fall 2006) |
This Note will discuss whether Indian tribes can assert tribal sovereign immunity to avoid compliance with state campaign finance regulation and whether such regulations should be preempted by federal law. Tribal sovereign immunity is not an enshrined constitutional imperative; it exists only under federal common law, and can be limited by the... |
2006 |
Yes |
| Paul Porter |
A Tale of Conflicting Sovereignties: the Case Against Tribal Sovereign Immunity and Federal Preemption Doctrines Preventing States' Enforcement of Campaign ConTribution Regulations on Indian Tribes |
40 University of Michigan Journal of Law Reform 191 (Fall 2006) |
This Note will discuss whether Indian tribes can assert tribal sovereign immunity to avoid compliance with state campaign finance regulation and whether such regulations should be preempted by federal law. Tribal sovereign immunity is not an enshrined constitutional imperative; it exists only under federal common law, and can be limited by the... |
2006 |
Yes |
| Roger J. Lucas |
Alliance to Save the Mattaponi v. Virginia, 621 S.e.2d 78 (Va. 2005) (Holding: (1) an Agency's Factual Findings Regarding Water Rights Adjudications Are Subject to the "Substantial Evidence" Standard of Review; and (2) Indian Rights Treaties Entered into |
9 University of Denver Water Law Review 680 (Spring, 2006) |
This opinion is a consolidated appeal of three cases. The Virginia Supreme Court considered two sets of issues related to a Virginia Water Protection Permit (Permit) issued by the State Water Control Board (Board) to the City of Newport News (City) for the construction of the King William Reservoir. The first set of issues required the court... |
2006 |
Yes |
| Danielle Audette |
American Indians and Reimportation: in the Wake of Tribal Sovereignty and Federal Pre-emption, It's Not Just about "Cheap Drugs." |
15-WTR Kansas Journal of Law & Public Policy 317 (Winter 2006) |
The subject of tribal versus state sovereignty is a well-documented and hotly contested legal, political, and economic issue. One need not look very far to find a myriad of treatises, law review articles, and federal and Supreme Court cases addressing the scope of Native tribal sovereignty, the limits of state power over Indians, Indian tribes, and... |
2006 |
Yes |
| Eric Reitman |
An Argument for the Partial Abrogation of Federally Recognized Indian Tribes' Sovereign Power over Membership |
92 Virginia Law Review 793 (June, 2006) |
Introduction. 794 I. Nature and Extent of Tribal Citizenship Power. 801 A. Individual Disenrollment. 803 1. Penal Expatriation:Poodry v. Tonawanda Band of Seneca Indians. 803 2. Expatriation Outside the Penal Context:Quair v. Sisco. 808 3. Application of the ICRA inQuair. 811 4. Tribal Procedures inQuair: Mobocracy in Action. 813 B. Malicious... |
2006 |
Yes |
| Martin A. Rogoff |
Application of Treaties and the Decisions of International Tribunals in the United States and France: Reflections on Recent Practice |
58 Maine Law Review 406 (2006) |
In recent years, with the growth of international treaty law and the increasing role of international tribunals, questions involving the application of conventional international law and the decisions of international tribunals by national courts have assumed great practical importance. This is not only because such questions are arising with... |
2006 |
Yes |
| Debra Harry , Le'a Malia Kanehe |
Asserting Tribal Sovereignty over Cultural Property: Moving Towards Protection of Genetic Material and Indigenous Knowledge |
5 Seattle Journal for Social Justice 27 (Fall/Winter, 2006) |
Indigenous cultural property of all forms, tangible and intangible, oral and written, ancient and contemporary, is under constant threat from exploitation, theft, misrepresentation, misuse, and commodification. Current domestic law, including federal Indian law, does not sufficiently protect cultural property. Internationally, although the World... |
2006 |
Yes |
| Justin Neel Baucom |
Bringing down the House: as States Attempt to Curtail Indian Gaming, Have We Forgotten the Foundational Principles of Tribal Sovereignty |
30 American Indian Law Review 423 (2005-2006) |
Indian casinos have been springing up all over the country as tribes are trying to cash in on what some Indians believe may be the best (and only) means to sustain tribal economic development and to make improvements in the lives of their people. Indian gaming is growing at about twice the rate of commercial casino gaming nationwide. The state of... |
2006 |
Yes |
| Bryan J. Nowlin |
Conflicts in Sovereignty: the Narragansett Tribe in Rhode Island |
30 American Indian Law Review 151 (2005-2006) |
American Indian tribal sovereignty is important to both tribal members and the states in which they reside. Historically, the line between tribal sovereignty and state jurisdiction is not easy to find. Jurisdictional conflicts are a sign of healthy sovereigns, as a weak sovereign cannot defend against encroachments upon its jurisdiction. The... |
2006 |
Yes |
| Ileana M. Porras |
Constructing International Law in the East Indian Seas: Property, Sovereignty, Commerce and War in Hugo Grotius' De Iure Praedae-the Law of Prize and Booty, or "On How to Distinguish Merchants from Pirates" |
31 Brooklyn Journal of International Law 741 (2006) |
Throughout history, and across the globe, peoples and nations have encountered and entered into relationship with one another. While keeping in mind the dangers of oversimplification, it could nevertheless be argued that despite their variety, international relations fall mostly into either of two familiar types: The first takes the form of war or... |
2006 |
Yes |
| Wenona T. Singel , Matthew L.M. Fletcher |
Indian Treaties and the Survival of the Great Lakes |
2006 Michigan State Law Review 1285 ( (Special) 2006) |
Introduction 1286 I. Indian Treaties and Natural Resource Protection. 1288 A. Treaty Rights. 1289 B. Great Lakes Indian Treaties. 1291 II. Incorporating Indian Tribes and Indian Treaties. 1293 A. Indian Treaties in Federal and State Litigation. 1293 B. Indian Tribes as Stakeholders in International Compacting Process. 1295 Conclusion 1296 The... |
2006 |
Yes |
| Jesse K. Martin |
Kansas v. Prairie Band Potawatomi Nation: Undermining Indian Sovereignty Through State Taxation |
6 University of Maryland Law Journal of Race, Religion, Gender and Class 251 (Spring 2006) |
In Kansas v. Prairie Band Potawatomi Nation, the Supreme Court undermined the historic and deeply-rooted sovereign status of Indian tribes by focusing on a hyper-technical application of precedent and ignoring the practical impact of the Kansas motor fuel tax. The Court determined that the state tax, as applied to the Nation Station's sale of... |
2006 |
Yes |
| Ralph Brubaker |
Katz and the New Bankruptcy Exception to States' Constitutional Sovereign Immunity: Abandoning Hood's in Rem Theory (And Seminole Tribe) |
26 Bankruptcy Law Letter Letter 1 (3/1/2006) |
The Supreme Court has now squarely addressed the effect of its monumental state sovereign immunity decisions of Seminole Tribe and Alden in the context of federal bankruptcy proceedings. See Seminole Tribe of Florida v. Florida, 517 U.S. 44, 116 S. Ct. 1114, 134 L. Ed. 2d 252, 34 Collier Bankr. Cas. 2d (MB) 1199, 42 Env't. Rep. Cas. (BNA) 1289, 67... |
2006 |
Yes |
| Richard Warren Perry , San Jose State University |
Native American Tribal Gaming as Crime Against Nature: Environment, Sovereignty, Globalization |
29 PoLAR: Political and Legal Anthropology Review 110 (May, 2006) |
This essay proposes that the legal form of Native American tribal sovereignty lately deployed in the establishment of casinos and other risky enterprises is not simply an atavistic political-legal curiosity. Rather, it is exemplary of contemporary forms of spatial governmentality which, as they emerge from layered mappings of spatial difference... |
2006 |
Yes |
| Michael C. Blumm & James Brunberg |
Not Much less Necessary...Than the Atmosphere They Breathed: Salmon, Indian Treaties, and the Supreme Court--a Centennial Remembrance of United States v. Winans and its Enduring Significance |
46 Natural Resources Journal 489 (Spring 2006) |
A century ago, the Supreme Court decided United States v. Winans, which upheld the Indian treaty right to cross private property to access traditional fishing grounds in the Columbia River. The Winans decision protected critically important cultural and economic practices from white encroachment. The landmark case came as a surprise in an era... |
2006 |
Yes |
| Steven W. Strack |
Pandora's Box or Golden Opportunity? Using the Settlement of Indian Reserved Water Right Claims to Affirm State Sovereignty over Idaho Water and Promote Intergovernmental Cooperation |
42 Idaho Law Review 633 (2006) |
When the State of Idaho initiated the Snake River Basin Adjudication, or SRBA, on June 17, 1987, it was widely expected that the United States and the four Indian tribes within the Snake River Basin would file a large number of water right claims. Many viewed the long-dormant claims as a Pandora's Box that, once opened, would wreak havoc upon the... |
2006 |
Yes |
| Alex B. Roberts |
Reservations on Tribal Sovereignty: How United States v. Lara Will Affect Indians, Tribes, and the Fight to Regain Independence |
43 Houston Law Review 527 (Symposium 2006) |
I. Introduction. 528 II. United States v. Lara. 529 A. Background. 529 B. The Supreme Court Weighs In. 531 1. Justice Breyer's Majority. 531 2. The Concurrences. 532 3. Justice Souter's Dissent. 534 III. Lara: Looking Back and Reaching Forward. 534 A. Tribal Sovereignty and Criminal Jurisdiction: A Historical Look. 536 1. The Constitution and the... |
2006 |
Yes |
| Paul E. Frye |
Section 1813 of the Energy Policy Act of 2005: Implications for Tribal Sovereignty and Self-sufficiency |
42 Tulsa Law Review 75 (Fall, 2006) |
Rights-of-way across Indian lands are often as valuable as other resources located within Indian country. The statutes governing grants of rights-of-way on Indian lands are found at title 25 U.S.C. §§ 311 to 328. Applicable regulations are found in 25 C.F.R. part 169. Federal control over rights-of-way is sufficiently pervasive for compensable... |
2006 |
Yes |
| Amy Borgman |
Stamping out the Embers of Tribal Sovereignty: City of Sherrill v. Oneida Indian Nation and its Aftermath |
10 Great Plains Natural Resources Journal 59 (Spring 2006) |
[T]he power to tax involves the power to destroy . . . . Great nations, like great men, should keep their word. I. Introduction. 59 II. Facts and Procedure. 61 III. Background. 62 A. Principles of Indian Law. 62 1. The Discovery Doctrine. 62 2. The Federal Trust Responsibility to Indian Nations. 63 3. Early Indian Tax Cases. 64 B. Equitable... |
2006 |
Yes |
| Jason C. Nelson |
The Application of the International Law of State Succession to the United States: a Reassessment of the Treaty Between the Republic of Texas and the Cherokee Indians |
17 Duke Journal of Comparative & International Law L. 1 (Fall 2006) |
Perhaps no event in the modern era has been more profoundly consequential than the European discovery of the Americas. . . . Over a succession of generations, Europeans devised rules intended to justify the dispossession and subjugation of the native peoples . . . . Of these rules, the most fundamental were those governing the ownership of land.... |
2006 |
Yes |
| Mason D. Morisset |
The Cushman Dam Case and Indian Treaty Rights: Skokomish Indian Tribe v. United States, et Al. |
27 Public Land & Resources Law Review 23 (2006) |
I. INTRODUCTION 23 II. THE COURT BARS MONETARY RELIEF DESPITE CLEAR DAMAGE TO TREATY PROTECTED RIGHTS 25 III. INDIVIDUAL TRIBAL MEMBERS HAVE A CAUSE OF ACTION BUT ARE BARRED MONETARY RELIEF UNDER42 U.S.C. § 1983 27 IV. THE ORIGINAL PANEL MAJORITY OPINION RELEGATES FISHING TO A SECONDARY PURPOSE OF THE RESERVATION WITHOUT ATTENDANT RESERVED WATER... |
2006 |
Yes |
| Bradford D. Cooley |
The Navajo Uranium Ban: Tribal Sovereignty v. National Energy Demands |
26 Journal of Land, Resources, and Environmental Law 393 (2006) |
After more than a decade of litigation over uranium mining in Navajo country, new lines are being drawn in the battle for regulatory control. On one side, the Navajo Nation, grassroots Navajos, the environmental community, and a number of U.S. Senators argue that the Nation's ban on uranium mining should be upheld, based on tribal sovereignty. On... |
2006 |
Yes |
| James M. Grijalva |
The Tribal Sovereign as Citizen: Protecting Indian Country Health and Welfare Through Federal Environmental Citizen Suits |
12 Michigan Journal of Race and Law 33 (Fall 2006) |
INTRODUCTION. 33 I. Tribal Governmental Roles in the Federal Environmental System. 34 II. Tribal Enforcement of Federal Environmental Laws Through Citizen Suits. 38 A. Tribes' Eligibility for Bringing Citizen Suits. 39 1. Tribes as Persons Under the Environmental Statutes. 39 2. Tribes' Standing to Sue Violators. 40 3. Other Procedural Issues. 41... |
2006 |
Yes |
| Angela R. Riley |
Tribal Sovereignty in a Post-9/11 World |
82 North Dakota Law Review 953 (2006) |
I. INTRODUCTION. 953 II. SANTA CLARA PUEBLO. 955 A. Background. 955 B. Reactions. 957 III. CHANGING CONTEMPORARY CIRCUMSTANCES. 959 A. Renewed Scrutiny. 959 1. Indian Gaming. 959 2. Sovereignty in a Post-9/11 World. 961 IV. CONCLUSION. 964 |
2006 |
Yes |
| Brian P. McClatchey |
Tribally-owned Businesses Are Not "Employers": Economic Effects, Tribal Sovereignty, and Nlrb v. San Manuel Band of Mission Indians |
43 Idaho Law Review 127 (2006) |
Recently, the National Labor Relations Board (NLRB) held that tribally owned casino and bingo businesses, operating within reservations, are subject to the National Labor Relations Act (NLRA), contrary to its established precedent. Arguably, the NLRB read the NLRA in light of a discredited standard for statutes of general application. Congress... |
2006 |
Yes |
| Hope M. Babcock |
A Civic-republican Vision of "Domestic Dependent Nations" in the Twenty-first Century: Tribal Sovereignty Re-envisioned, Reinvigorated, and Re-empowered |
2005 Utah Law Review 443 (2005) |
I. Introduction. 444 II. Sovereignty. 448 III. Tribal Sovereignty. 455 A. Sources of Tribal Sovereignty. 457 1. Treaties. 457 2. Inherent Sovereignty. 469 B. The Shifting Tectonic Plates of Tribal Sovereignty. 485 1. The Importance of Tribal Land. 486 2. Debilitating Judicial Doctrines. 497 3. Tribal Sovereignty Today: A Glass Half Full or Half... |
2005 |
Yes |
| Paul V.M. Flesher |
A Native American Sacred Space on Federal Land: the Approach of "Equal Treatment" |
28-DEC Wyoming Lawyer 28 (December, 2005) |
One of the ongoing challenges in Wyoming has been balancing the rights of Native American citizens with those of the non-native population. In recent decades, the focus has been on how to accommodate the desire of American Indians to worship at traditional sacred sites. The most well-known of these sites have been Devils Tower and the Big Horn... |
2005 |
Yes |
| Paul V.M. Flesher |
A Native American Sacred Space on Federal Land: the Approach of "Equal Treatment" |
28-DEC Wyoming Lawyer 28 (December, 2005) |
One of the ongoing challenges in Wyoming has been balancing the rights of Native American citizens with those of the non-native population. In recent decades, the focus has been on how to accommodate the desire of American Indians to worship at traditional sacred sites. The most well-known of these sites have been Devils Tower and the Big Horn... |
2005 |
Yes |
| Jessica Lynn Clark |
Afge v. United States: the D.c. Circuit's Preferential Treatment Native American Preference in Government Contract Awards |
34 Public Contract Law Journal 379 (Winter, 2005) |
I. Introduction. 380 II. Background. 381 A. Statutory Background. 381 1. 2000 Department of Defense Appropriations Act Section 8014(3). 381 2. Small Business Act Section 8(a). 381 3. Federal Acquisition Regulation Subchapter D. 382 B. Federal Indian Law. 382 C. Key Case Law Precedent. 383 1. Morton v. Mancari. 384 2. Washington v. Confederated... |
2005 |
Yes |