| Author | Title | Citation | Summary | Year | Key Terms |
| 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 |
| Bruce D., Black, U.S. District Judge,, District of New Mexico |
Commentary on Reconsidering Commission's Treatment of Tribal Courts |
2005 Federal Sentencing Reporter 1618239 (2/1/2005) |
Professor Kevin Washburn refers to the jurisdictional maze in Indian country which requires each crime be analyzed carefully to decipher the location of the act and the ethnicity of the alleged participants. This interrelationship of tribal, state, and federal criminal jurisdiction in Indian country has been a Gordian knot for almost two centuries.... |
2005 |
Yes |
| Bruce D., Black, U.S. District Judge,, District of New Mexico |
Commentary on Reconsidering Commission's Treatment of Tribal Courts |
2005 Federal Sentencing Reporter 1618239 (2/1/2005) |
Professor Kevin Washburn refers to the jurisdictional maze in Indian country which requires each crime be analyzed carefully to decipher the location of the act and the ethnicity of the alleged participants. This interrelationship of tribal, state, and federal criminal jurisdiction in Indian country has been a Gordian knot for almost two centuries.... |
2005 |
Yes |
| Charles, Kornmann, U.S. District Judge,, District of South Dakota |
Commentary on Reconsidering the Commission's Treatment of Tribal Courts |
2005 Federal Sentencing Reporter 1618241 (2/1/2005) |
I do not believe the advisory guidelines should be amended to treat tribal court convictions the same as misdemeanor or juvenile convictions from state, county, and municipal courts. Tribal court convictions may be considered in connection with adequacy of the criminal history category, and in connection with motions to prosecute a juvenile as an... |
2005 |
Yes |
| Charles, Kornmann, U.S. District Judge,, District of South Dakota |
Commentary on Reconsidering the Commission's Treatment of Tribal Courts |
2005 Federal Sentencing Reporter 1618241 (2/1/2005) |
I do not believe the advisory guidelines should be amended to treat tribal court convictions the same as misdemeanor or juvenile convictions from state, county, and municipal courts. Tribal court convictions may be considered in connection with adequacy of the criminal history category, and in connection with motions to prosecute a juvenile as an... |
2005 |
Yes |
| David S. Case |
Commentary on Sovereignty: the Other Native Claim |
25 Journal of Land, Resources, and Environmental Law 149 (2005) |
The Alaska Native Claims Settlement Act (ANCSA or Claims Act) ignored the Alaska Native claim to sovereignty. It is not clear why, but it is clear that Congress simply did not deal with the issue in the 1971 settlement. The word tribe is used only once in ANCSA and then only as part of the definition of Native village. The extinguishment of... |
2005 |
Yes |
| William C., Canby, Jr., Senior Circuit Judge,, United States Court of, Appeals for the Ninth, Circuit., The views expressed, here are personal views, of the author, and do not, purport to represent the, views of his court. |
Commentary: Treatment of Tribal Court Convictions |
2005 Federal Sentencing Reporter 1618240 (2/1/2005) |
In his artide, Reconsidering the Commission's Treatment of Tribal Courts, Professor Kevin Washburn offers several suggestions intended to increase the recognition of tribal court convictions for purposes of calculating criminal history under the Sentencing Guidelines. The major proposition put forth by Professor Washburn strikes me as correct:... |
2005 |
Yes |
| William C., Canby, Jr., Senior Circuit Judge,, United States Court of, Appeals for the Ninth, Circuit., The views expressed, here are personal views, of the author, and do not, purport to represent the, views of his court. |
Commentary: Treatment of Tribal Court Convictions |
2005 Federal Sentencing Reporter 1618240 (2/1/2005) |
In his artide, Reconsidering the Commission's Treatment of Tribal Courts, Professor Kevin Washburn offers several suggestions intended to increase the recognition of tribal court convictions for purposes of calculating criminal history under the Sentencing Guidelines. The major proposition put forth by Professor Washburn strikes me as correct:... |
2005 |
Yes |
| L. Scott Gould |
December Song: the Waiting Game for Tribal Sovereignty in Maine |
20 Maine Bar Journal 18 (Winter, 2005) |
You may not have marked your calendar. Last June 18, sandwiched between Memorial Day and Independence Day, the Wheeler-Howard Act reached its seventieth anniversary. On that date in 1934, Congress enacted sweeping reforms in its relationship with American Indians. The legislation, known officially as the Indian Reorganization Act, ended a... |
2005 |
Yes |
| Kristoffer P. Kiefer |
Exercising Their Native American Nations of the United States Enhancing Political Sovereignty Through Ratification of the Rome Statute |
32 Syracuse Journal of International Law and Commerce 345 (Spring 2005) |
The federal government officially recognizes 562 tribal governments within the United States. Combined, these Native American nations occupy 55.7 million acres of land, which the United States holds in trust for their use. A number of factors, including the size of these tribes, their history, and the complexity of the Native American experience... |
2005 |
Yes |
| Erich W. Steinman |
Legitimizing American Indian Sovereignty: Mobilizing the Constitutive Power of Law Through Institutional Entrepreneurship |
39 Law and Society Review 759 (December, 2005) |
Extensive sociolegal scholarship has addressed the utility of law as a mechanism through which marginalized groups may promote social change. Within this debate, scholars employing the legal mobilization approach have thus far highlighted law's indirect impact, beyond the formal arenas of law, via effects on the legal consciousness of reformers... |
2005 |
Yes |
| Kevin, Washburn, Associate Professor,, University of Minnesota, Law School |
Reconsidering the Commission's Treatment of Tribal Courts |
2005 Federal Sentencing Reporter 1618237 (2/1/2005) |
Since the U.S. Sentencing Commission first enacted the federal Sentencing Guidelines, the Guidelines have treated tribal courts in a manner that is impossible to reconcile with other modern federal policies of respect for tribal self-determination and self-governance. In refusing to count tribal convictions for purposes of routine calculation of... |
2005 |
Yes |
| Kevin, Washburn, Associate Professor,, University of Minnesota, Law School |
Reconsidering the Commission's Treatment of Tribal Courts |
2005 Federal Sentencing Reporter 1618237 (2/1/2005) |
Since the U.S. Sentencing Commission first enacted the federal Sentencing Guidelines, the Guidelines have treated tribal courts in a manner that is impossible to reconcile with other modern federal policies of respect for tribal self-determination and self-governance. In refusing to count tribal convictions for purposes of routine calculation of... |
2005 |
Yes |
| Amy Gannaway |
Researching American Indian Law Online |
78-JUL Wisconsin Lawyer 20 (July, 2005) |
LAW DOMINATES INDIAN life in a way not duplicated in other segments of American society, write the editors of a leading treatise on federal American Indian law. Since the American Revolution, American Indian law has evolved into a complex web of treaties, federal statutes and regulations, and federal case law, as well as tribal codes,... |
2005 |
Yes |
| Amy Gannaway |
Researching American Indian Law Online |
78-JUL Wisconsin Lawyer 20 (July, 2005) |
LAW DOMINATES INDIAN life in a way not duplicated in other segments of American society, write the editors of a leading treatise on federal American Indian law. Since the American Revolution, American Indian law has evolved into a complex web of treaties, federal statutes and regulations, and federal case law, as well as tribal codes,... |
2005 |
Yes |
| Kathryn L. Garner |
Skokomish Indian Tribe v. United States, 401 F.3d 979 (9th Cir. 2005) (Holding a Treaty Between the United States and an Indian Tribe Does Not Implicitly Reserve Water Rights to the Tribe Beyond the Amount Necessary for the Reservation's Primary Purpose) |
8 University of Denver Water Law Review 639 (Spring, 2005) |
In 2004 the Skokomish Indian Tribe of Washington (Tribe) sought damages from the United States, the City of Tacoma (City), and Tacoma Public Utilities (TPU) for alleged harm caused by the Cushman Hydroelectric Project (Project). The City constructed the Project in 1930, which consisted of two dams and two reservoirs. The Tribe sued the City... |
2005 |
Yes |
| Kathryn L. Garner |
Skokomish Indian Tribe v. United States, 401 F.3d 979 (9th Cir. 2005) (Holding a Treaty Between the United States and an Indian Tribe Does Not Implicitly Reserve Water Rights to the Tribe Beyond the Amount Necessary for the Reservation's Primary Purpose) |
8 University of Denver Water Law Review 639 (Spring, 2005) |
In 2004 the Skokomish Indian Tribe of Washington (Tribe) sought damages from the United States, the City of Tacoma (City), and Tacoma Public Utilities (TPU) for alleged harm caused by the Cushman Hydroelectric Project (Project). The City constructed the Project in 1930, which consisted of two dams and two reservoirs. The Tribe sued the City... |
2005 |
Yes |
| Sarah Deer, Copyright © 2005 Sarah Deer |
Sovereignty of the Soul: Exploring the Intersection of Rape Law Reform and Federal Indian Law |
38 Suffolk University Law Review 455 (2005) |
This Article is about tribal issues and sexual assault, and it is directed not so much at beyond prosecution as it is beyond jurisdiction. It focuses on an invisible legal challenge in addressing sexual violence. The focus is not on the federal or state system, but rather the third sovereign in this nation, the tribal justice system. There... |
2005 |
Yes |
| E. Andrew Long |
The New Frontier of Federal Indian Law: the United States Supreme Court's Active Divestiture of Tribal Sovereignty |
23 Buffalo Public Interest Law Journal L.J. 1 (2004-2005) |
A historically informed perspective reveals that the Supreme Court redefined tribal sovereignty over the last quarter century, despite its efforts to create the appearance of precedential consistency. While the changes have come piece by piece, the overall concept of tribal sovereignty currently guiding the Court is fundamentally different than the... |
2005 |
Yes |
| Sarah Krakoff |
The Renaissance of Tribal Sovereignty, the Negative Doctrinal Feedback Loop, and the Rise of a New Exceptionalism |
119 Harvard Law Review Forum 47 (December, 2005) |
In (Native) American Exceptionalism in Federal Public Law, Professor Frickey elegantly describes recent trends in federal Indian law, and makes a convincing case for the exceptionalism of the field. Professor Frickey's searching analysis of the Justices' various opinions in United States v. Lara, and the ways in which these opinions highlight the... |
2005 |
Yes |
| MacKenzie T. Batzer |
Trapped in a Tangled Web United States v. Lara: the Trouble with Tribes and the Sovereignty Debacle |
8 Chapman Law Review 283 (Spring 2005) |
Stretched across the upper part of the doorway was a big spiderweb, and hanging from the top of the web, head down, was a large grey spider. She was about the size of a gumdrop. She had eight legs . . . I'm not as flashy as some . . . but I'm near-sighted. Indigenous peoples have been present on United States soil even before the nation became... |
2005 |
Yes |
| Joel A. Holt |
Treat All Men Alike : an Analysis of United States v. White Mountain Apache Tribe and Suggestions for True Reparation |
38 Akron Law Review 413 (2005) |
Great nations, like great men, should keep their word. In 1492, Christopher Columbus landed on the shores of the New World. He brought with him dreams of gold, a sword, fire and disease. In doing so, he began the systematic annihilation of the Western Hemisphere's indigenous people. The torture and genocide of Native Americans, motivated by... |
2005 |
Yes |
| Joel A. Holt |
Treat All Men Alike : an Analysis of United States v. White Mountain Apache Tribe and Suggestions for True Reparation |
38 Akron Law Review 413 (2005) |
Great nations, like great men, should keep their word. In 1492, Christopher Columbus landed on the shores of the New World. He brought with him dreams of gold, a sword, fire and disease. In doing so, he began the systematic annihilation of the Western Hemisphere's indigenous people. The torture and genocide of Native Americans, motivated by... |
2005 |
Yes |
| Max Minzner |
Treating Tribes Differently: Civil Jurisdiction Inside and Outside Indian Country |
6 Nevada Law Journal 89 (Fall 2005) |
Indian tribes are not all alike. Tribes range in size from tremendous to tiny. Some gaming tribes have per capita incomes that rival the richest towns in the United States while other tribes are some of the poorest communities in the country. Some tribes have adopted tribal court systems that largely mimic those present in the states surrounding... |
2005 |
Yes |
| Max Minzner |
Treating Tribes Differently: Civil Jurisdiction Inside and Outside Indian Country |
6 Nevada Law Journal 89 (Fall 2005) |
Indian tribes are not all alike. Tribes range in size from tremendous to tiny. Some gaming tribes have per capita incomes that rival the richest towns in the United States while other tribes are some of the poorest communities in the country. Some tribes have adopted tribal court systems that largely mimic those present in the states surrounding... |
2005 |
Yes |
| Anna Fleder , Darren J. Ranco |
Tribal Environmental Sovereignty: Culturally Appropriate Protection or Paternalism? |
19 Journal of Natural Resources & Environmental Law 35 (2004-2005) |
Public policy is lagging far behind our ability to destroy ourselves, writes Native American activist Winona LaDuke, as she emphasizes the need to heed Iroquois advice and protect the environment for use by the seventh generation. American Indian nations are profoundly affected by the destruction of the environment, because they hold cultural,... |
2005 |
Yes |
| Carla D. Pratt |
Tribes and Tribulations: Beyond Sovereign Immunity and Toward Reparation and Reconciliation for the Estelusti |
11 Washington and Lee Race and Ethnic Ancestry Law Journal 61 (Winter, 2005) |
This Article advocates a form of micro-reparations for a limited class of African Americans--the Estelusti (black Indians). The Article seeks reparations in the form of racial healing not only from the United States Government, but also from one particular participant in African American slavery--Native American Indian Tribes. The Article begins by... |
2005 |
Yes |
| Emma Garrison |
Baffling Distinctions Between Criminal and Regulatory: How Public Law 280 Allows Vague Notions of State Policy to Trump Tribal Sovereignty |
8 Journal of Gender, Race and Justice 449 (Fall 2004) |
In 1953, Congress enacted Public Law 280 (PL-280) to solve the problem of lawlessness and inadequate fora on tribal lands, and transferred jurisdiction over Indian matters to courts in designated states. While these states have virtually unlimited jurisdiction over criminal matters on tribal lands, jurisdiction over civil matters has been... |
2004 |
Yes |
| Joseph R. Selvidio |
Blumenthal v. Babbitt: How Three Words May Help Redefine Sovereignty for America's Most Native American Tribe |
23 QLR 247 (2004) |
Over the past decade, Native American gambling has helped redefine the character of Connecticut's economy. At the center of this redefinition has been the success of the Mashantucket Pequots, a three hundred member tribe of Native Americans whose gaming empire, Foxwoods Resort & Casino, has grown into the largest gambling enterprise in North... |
2004 |
Yes |
| David D. Haddock, Robert J. Miller |
Can a Sovereign Protect Investors from Itself? Tribal Institutions to Spur Reservation Investment |
8 Journal of Small and Emerging Business Law 173 (Summer 2004) |
A bilateral danger of underperformance exists when two parties sink investments with payoffs dependent on the behavior of the other. There are five general categories of defense against that danger: (1) Legal action against a misbehaving co-investor; (2) Reliance on a reputation for non-opportunistic behavior; (3) Agreement by the party with the... |
2004 |
Yes |
| Sheree R. Weisz |
Constitutional Law--federal Indian Law: the Erosion of Tribal Sovereignty as the Protection of the Nonintercourse Act Continues to Be Redefined More Narrowly |
80 North Dakota Law Review 205 (2004) |
In 1994, Cass County Joint Water Resource District (District) submitted an application to the United States Army Corps of Engineers (USACE) to build a dam on the Maple River for flood control in eastern North Dakota. As part of this project, the District sought to acquire a 1.43-acre tract of land in order to conduct the cultural research necessary... |
2004 |
Yes |
| C.A. Gupta and Vijay Dhingra |
Indian Supreme Court Rules on Residency under India-mauritius Tax Treaty |
15 Journal of International Taxation 42 (June, 2004) |
The Supreme Court of India, in a landmark decision of October 7, 2003, upheld the validity of Circular No. 789 issued by the Central Board of Direct Taxes (CBDT), which provides that a certificate of tax residence issued by the Mauritius government should be regarded as sufficient evidence of residence in determining whether the residency... |
2004 |
Yes |
| Celia M., Rumann, &, Jon M. Sands, Celia M. Rumann is an, Assistant Professor of, Law, University of St., Thomas, School of Law,, Minneapolis, Jon M. Sands is an, Assistant Federal Public, Defender, District of, Arizona, Both authors were, members of the |
Lost in Incarceration: Native American Advisory Group's Suggested Treatment for Sex Offenders |
2004 Federal Sentencing Reporter 2189133 (2/1/2004) |
Federal prosecutions for all types of sex offenses have been increasing. This is a result of shifting prosecutorial priorities, both from the Department of Justice and from Congress, as related to child pornography, traveler child sex cases, sexual tourism, sex slavery, prostitution, and sexual offenses that arise from areas of exclusive... |
2004 |
Yes |
| Scott C. Idleman |
Multiculturalism and the Future of Tribal Sovereignty |
35 Columbia Human Rights Law Review 589 (Summer 2004) |
One of the most important things to understand about American Indian tribes is the simple fact that tribes are governments--not non-profit organizations, not interest groups, not an ethnic minority. The history of American culture is rich with social and ideological movements of every sort, from the temperance and abolitionist efforts at the outset... |
2004 |
Yes |
| Lindsay Halm |
Putting Flesh on the Bones of United States v. Winans: Private Party Liability under Treaties That Reserve Actual Fish for the Tribal Taking |
79 Washington Law Review 1181 (November, 2004) |
Abstract: One hundred years ago, in United States v. Winans, the United States Supreme Court announced that private parties are subject to the rights reserved by Indians under treaty. Accordingly, tribes enforce their treaty fishing rights in federal court to halt private and government actions that threaten to impair their reserved right to take a... |
2004 |
Yes |
| Steven Andrew Light , Kathryn R.L. Rand |
Reconciling the Paradox of Tribal Sovereignty: Three Frameworks for Developing Indian Gaming Law and Policy |
4 Nevada Law Journal 262 (Winter 2003/2004) |
Wow, man - Indians have it good! - Eric, upon arriving at the Three Feathers casino, on Fox television's South Park Indian gaming, perhaps more so than any issue facing tribes in the last half-century, is a subject of ever-increasing public fascination and policy debate. In tribal gaming's second decade of rapid expansion across the country,... |
2004 |
Yes |
| Michael C. Blumm |
Retracing the Discovery Doctrine: Aboriginal Title, Tribal Sovereignty, and Their Significance to Treaty-making and Modern Natural Resources Policy in Indian Country |
28 Vermont Law Review 713 (Spring, 2004) |
C1-3Table of Contents L1-2,T2Introduction 713. I. The Origins of the Discovery Doctrine. 719 II. Judicial Recognition of Indian Title: Fletcher v. Peck. 726 III. Judicial Ratification of the Discovery Doctrine: Johnson v. M'Intosh. 731 IV. Clarifying Aboriginal Rights and Federalizing Indian Affairs: The Cherokee Cases. 747 V. The Legacy of the... |
2004 |
Yes |
| Michael C. Blumm |
Retracing the Discovery Doctrine: Aboriginal Title, Tribal Sovereignty, and Their Significance to Treaty-making and Modern Natural Resources Policy in Indian Country |
28 Vermont Law Review 713 (Spring, 2004) |
C1-3Table of Contents L1-2,T2Introduction 713. I. The Origins of the Discovery Doctrine. 719 II. Judicial Recognition of Indian Title: Fletcher v. Peck. 726 III. Judicial Ratification of the Discovery Doctrine: Johnson v. M'Intosh. 731 IV. Clarifying Aboriginal Rights and Federalizing Indian Affairs: The Cherokee Cases. 747 V. The Legacy of the... |
2004 |
Yes |
| Anna-Marie Tabor |
Sovereignty in the Balance: Taxation by Tribal Governments |
15 University of Florida Journal of Law and Public Policy 349 (Summer, 2004) |
I. L2-4,T4Introduction 350 II. L2-4,T4Understanding Tribal Powers to Tax 353 A. L3-4,T4A Brief History of Federal Indian Policy 353. B. L3-4,T4Balance of Powers 360. C. L3-4,T4Tribal Taxes 365. D. L3-4,T4Taxing Nonmembers After Montana and Colville 368. III. L2-4,T4State Taxation 372 A. L3-4,T4State Tax Power 373. B. L3-4,T4Legal Incidence Versus... |
2004 |
Yes |
| Terrion L. Williamson |
The Plight of "Nappy-headed" Indians: the Role of Tribal Sovereignty in the Systematic Discrimination Against Black Freedmen by the Federal Government Native American Tribes |
10 Michigan Journal of Race and Law 233 (Fall 2004) |
INTRODUCTION. 234 I. Background. 237 A. Freedmen Within the Seminole Nation. 237 B. Davis v. United States. 239 C. Freedmen Within the Cherokee, Creek, Choctaw, and Chickasaw Nations. 240 1. Cherokee Freedmen. 240 2. Creek Freedmen. 241 3. Choctaw and Chickasaw Freedmen. 242 D. The Legacy of Slavery in the United States. 243 1. Remnants of Slavery.... |
2004 |
Yes |
| Thomas H. Lee |
The Supreme Court of the United States as Quasi-international Tribunal: Reclaiming the Court's Original and Exclusive Jurisdiction over Treaty-based Suits by Foreign States Against States |
104 Columbia Law Review 1765 (November, 2004) |
In this Article, Professor Lee argues that the Constitution vests in the Supreme Court original and exclusive jurisdiction over suits brought by foreign states against States alleging violations of treaties of the United States. The basis for nonimmunity is a peacekeeping theory of ratification consent: Just as, by ratifying the Constitution, the... |
2004 |
Yes |
| William H. Rodgers, Jr. |
Treatment as Tribe, Treatment as State: the Penobscot Indians and the Clean Water Act |
55 Alabama Law Review 815 (Spring 2004) |
(T)he Penobscot Tribe of Indians (is declared) to be enemies,rebels and traitors to his Majesty. Proclamation of War, Colony of Massachusetts, Council Chamber in Boston, November 3, 1755 The Indians say, that the (Penobscot) river once ran both ways, one half up and the other down, but, that since the white man came, it all runs down, and now... |
2004 |
Yes |
| Allan Kanner |
Tribal Sovereignty and Natural Resource Damages |
25 Public Land & Resources Law Review 93 (Spring 2004) |
I. Introduction 93 II. Natural Resources and Federal Law 94 A. Overview 94 B. Putting NRD Claims in Perspective 95 C. Natural Resources 97 D. Injury 97 E. Partial Summary Judgment 100 F. Damages 102 G. The Natural Resource Damage Assessment Process 104 H. Trustees 105 I. Defenses 107 III. Lessons Learned 109 IV. Conclusion 111 |
2004 |
Yes |
| Jessica Owley |
Tribal Sovereignty over Water Quality |
20 Journal of Land Use & Environmental Law 61 (Fall, 2004) |
Indian tribes are independent sovereigns located within the United States. As sovereign entities, they have the same rights and responsibilities that apply to nations of the world. However, this sovereignty is limited by the unique relationship between tribes and the U.S. government. Not fully independent, tribes are under the protection of the... |
2004 |
Yes |
| April L. Seibert |
Who Defines Tribal Sovereignty? An Analysis of United States v. Lara |
28 American Indian Law Review 393 (2003-2004) |
This note addresses the current controversy regarding the extent of tribal criminal jurisdiction over non-member Indians. This controversy implicates issues of tribal sovereignty, congressional authority, constitutional interpretation and separation of powers within the United States Government. The first part of this note discusses the relevant... |
2004 |
Yes |
| |
Abrogation of State Sovereign Immunity Through Congress's Bankruptcy Power: Considering the Framers' Intent with Respect to the AtTributes of Sovereignty, Uniformity, and Bankruptcy Exceptionalism |
23 Bankruptcy Law Letter Letter 1 (3/1/2003) |
In a very dramatic development in the still-evolving jurisprudence of state sovereign immunity in bankruptcy, a panel of the Sixth Circuit has created the first clear circuit split with its opinion in Hood v. Tennessee Student Assistance Corp. (In re Hood), ___ F.3d ___, 2003 WL 214962 (Feb. 3, 2003), affirming the basic reasoning of the BAP panel... |
2003 |
Yes |
| |
Abrogation of State Sovereign Immunity Through Congress's Bankruptcy Power: Considering the Framers' Intent with Respect to the AtTributes of Sovereignty, Uniformity, and Bankruptcy Exceptionalism |
23 Bankruptcy Law Letter Letter 1 (3/1/2003) |
In a very dramatic development in the still-evolving jurisprudence of state sovereign immunity in bankruptcy, a panel of the Sixth Circuit has created the first clear circuit split with its opinion in Hood v. Tennessee Student Assistance Corp. (In re Hood), ___ F.3d ___, 2003 WL 214962 (Feb. 3, 2003), affirming the basic reasoning of the BAP panel... |
2003 |
Yes |
| Joseph William Singer |
Canons of Conquest: the Supreme Court's Attack on Tribal Sovereignty |
37 New England Law Review 641 (Spring 2003) |
We desire you to consider, brothers, that our only demand is the peaceable possession of a small part of our once great country. Look back and review the lands from whence we have been driven to this spot. We can retreat no farther . . .. When the Supreme Court decided Bush v. Gore on December 12, 2000, the entire country paid attention. The Court... |
2003 |
Yes |
| Nicholas V. Merkley |
Compulsory Party Joinder and Tribal Sovereign Immunity: a Proposal to Modify Federal Courts' Application of Rule 19 to Cases Involving Absent Tribes as "Necessary" Parties |
56 Oklahoma Law Review 931 (Winter 2003) |
Because [m]odern federal civil procedure stresses the virtues of avoiding multiple suits and potentially inconsistent verdicts, Rule 19 of the Federal Rules of Civil Procedure implements the doctrine of compulsory party joinder. The rule seeks not only to identify nonparties whose joinder is necessary for a just adjudication, but also to secure... |
2003 |
Yes |
| David M. Blurton |
John v. Baker and the Jurisdiction of Tribal Sovereigns Without Territorial Reach |
20 Alaska Law Review Rev. 1 (June, 2003) |
This Article examines statutory and case law defining the jurisdictional reach of Alaska Native tribal organizations. The Author argues that the Alaska Supreme Court's decision in John v. Baker conflicts with U.S. Supreme Court precedent and is, therefore, erroneous. Acknowledging the policy arguments in favor of an expansive interpretation of... |
2003 |
Yes |