| Author | Title | Citation | Summary | Year | Key Terms |
| Ryan T. Peel |
Katie John v. United States: Balancing Alaskan State So Native Grandmother's Right to Fish , |
15 BYU Journal of Public Law 263 (2001) |
First Come, Last Served. It's depressing that . . . [Alaska Governor Tony Knowles] fights respected Native elder Katie John in federal court over the few fish ANILCA guarantees her to sustain her family. As Alaska's governor, I believe it is my clear responsibility, even in the face of a difficult political battle, to vigorously defend this... |
2001 |
Yes |
| Rebecca Tsosie |
Land, Culture, and Community: Native Sovereignty and Property in America |
34 Indiana Law Review 1291 (2001) |
God created this Indian country and it was like He spread out a big blanket. He put the Indians on it. They were created here in this country, truly and honestly, and that was the time this river started to run. Then God created fish in this river and put deer in these mountains and made laws through which has come the increase of fish and game.... |
2001 |
Yes |
| Wallace Coffey, Rebecca Tsosie |
Rethinking the Tribal Sovereignty Doctrine: Cultural Sovereignty and the Collective Future of Indian Nations |
12 Stanford Law and Policy Review 191 (Spring, 2001) |
Cultural sovereignty is the heart and soul that you have, and no one has jurisdiction over that but God. Wallace Coffey (Comanche) This article is the result of a dialogue between colleagues who live and work within a particular universe which Indian people know very well and non-Indians know very little: the cultural existence of an Indian nation... |
2001 |
Yes |
| Annmarie M. Liermann |
Seeking Sovereignty: the Akaka Bill and the Case for the Inclusion of Hawaiians in Federal Native American Policy |
41 Santa Clara Law Review 509 (2001) |
In January 1993, the United States took the extraordinary step of apologizing for its wrongdoing. Even more extraordinarily, the United States issued this apology to a native people. Public Law 103-150 (Apology Resolution) apologized to the Hawaiians who, prior to the illegal overthrow of their government with the help of the United States in... |
2001 |
Yes |
| Alfred R. Light |
Sovereignty Myths and Intergovernmental Realities: the Etiquette of Tribal Federalism |
14 Saint Thomas Law Review 373 (Winter, 2001) |
I. Sovereignty Myths. 375 II. Intergovernmental Relations Realities. 379 III. The Anti-Conscription Principle and Inherent Tribal Sovereignty. 384 IV. Printz Contrasted with Hicks. 388 V. Conclusion. 391 It is written that no prophet is accepted in his hometown. Perhaps this accounts for the calls from American Indian Law scholars to other legal... |
2001 |
Yes |
| John P. LaVelle |
Strengthening Tribal Sovereignty Through Indian Participation in American Politics: a Reply to Professor Porter |
10-SPG Kansas Journal of Law & Public Policy 533 (Spring, 2001) |
I hope that we have had enough fighting amongst ourselves. The occasion for this essay came about in a peculiar way. I missed the first day of fall 2000 classes at the University of South Dakota School of Law because my wife and I were attending the Democratic National Convention in Los Angeles. When I returned to my office at the law school, I... |
2001 |
Yes |
| Jeffrey A. Dempsey |
Surfing for Wampum: Federal Regulation of Internet Gambling and Native American Sovereignty |
25 American Indian Law Review 133 (2000-2001) |
With the recent explosion in the use of the Internet and computer technology, the federal government has been struggling to keep up. Some federal laws in place now were written years ago and do not seem to apply to the new areas opened by technology. It has been observed that: [m]ost state and federal anti-gambling statutes were written before the... |
2001 |
Yes |
| Mary Christina Wood |
The Tribal Property Right to Wildlife Capital (Part Ii): Asserting a Sovereign Servitude to Protect Habitat of Imperiled Species |
25 Vermont Law Review 355 (Winter, 2001) |
Across the country, native nations currently face one of the greatest threats ever to their traditional livelihoods: the extinction of species they have harvested for millennia. Because federal statutes such as the Endangered Species Act have largely failed to protect wildlife populations from imperilment, tribes are beginning to look to their... |
2001 |
Yes |
| Mary Christina Wood |
The Tribal Property Right to Wildlife Capital (Part Ii): Asserting a Sovereign Servitude to Protect Habitat of Imperiled Species |
25 Vermont Law Review 355 (Winter, 2001) |
Across the country, native nations currently face one of the greatest threats ever to their traditional livelihoods: the extinction of species they have harvested for millennia. Because federal statutes such as the Endangered Species Act have largely failed to protect wildlife populations from imperilment, tribes are beginning to look to their... |
2001 |
Yes |
| Sarah Krakoff |
Undoing Indian Law One Case at a Time: Judicial Minimalism and Tribal Sovereignty |
50 American University Law Review 1177 (June, 2001) |
Introduction. 1178 I. Minimalism and the Core of the Court. 1182 II. Indian Law's Normative and Doctrinal Backdrop. 1190 A. Indian Law Origins. 1193 B. Supreme Court Cases in the Era of Self-Determination.. 1205 III. Minimalism, Lack-of-Interest Convergence, and the Current Court's Indian Law Cases. 1215 A. Strate v. A-1 Contractors: Minimalist... |
2001 |
Yes |
| Dee Garceau, Rhodes College |
Vine Deloria, Jr. and Raymond J. Demallie, Eds., Documents of American Indian Diplomacy: Treaties, Agreements and Conventions, 1775-1979. 2 Vols. Legal History of North America Series. Norman, Okl., University of Oklahoma Press, 1999. 1,536 Pp. $95.00 |
45 American Journal of Legal History 99 (January, 2001) |
Thoroughly researched and well crafted, this two-volume set reveals the complexity and range of American Indian diplomatic concerns. The documents provide a wealth of new information about Indian relations with the United States and its European predecessors that should prove invaluable to both legal and historical researchers. Chronologically, the... |
2001 |
Yes |
| Fred Kantrow |
Wheeler for Two, Do You Have a Reservation? The Supreme Court's Inconsistent Treatment of Tribal Sovereignty |
17 Touro Law Review 801 (Summer, 2001) |
In 1978 the Supreme Court decided United States v. Wheeler, where the Court held that the Double Jeopardy Clause of the Fifth Amendment does not bar the prosecution of a Native American in a Federal District Court under the Federal Major Crimes Act, even though the defendant had previously been convicted in a tribal court of a lesser included... |
2001 |
Yes |
| Fred Kantrow |
Wheeler for Two, Do You Have a Reservation? The Supreme Court's Inconsistent Treatment of Tribal Sovereignty |
17 Touro Law Review 801 (Summer, 2001) |
In 1978 the Supreme Court decided United States v. Wheeler, where the Court held that the Double Jeopardy Clause of the Fifth Amendment does not bar the prosecution of a Native American in a Federal District Court under the Federal Major Crimes Act, even though the defendant had previously been convicted in a tribal court of a lesser included... |
2001 |
Yes |
| Brian J. Perron |
When Tribal Treaty Fishing Rights Become a Mere Opportunity to Dip One's Net into the Water and Pull it out Empty: the Case for Money Damages When Treaty-reserved Fish Habitat Is Degraded |
25 William and Mary Environmental Law and Policy Review 783 (Spring, 2001) |
Salmon may be one of our greatest natural treasures. They have survived for two million years enduring floods, droughts, disease, volcanic eruptions, and even ice ages. Nowhere is the circle of life more apparent, tenacious and poignant. And nowhere else would the loss of this life cycle be so all encompassing, ecologically disastrous and... |
2001 |
Yes |
| David E. Wilkins |
A Constitutional Conundrum: the Resilience of Tribal Sovereignty During American Nationalism and Expansion: 1810-1871 |
25 Oklahoma City University Law Review 87 (Spring-Summer 2000) |
Judge Michael Hawkins addresses a number of important issues in his essay on John Quincy Adams' evolving understanding and relationship with slavery and the variegated role that law played in the politics of slavery and the slavery of politics. The essay demonstrates the importance of human personality in influencing and being influenced by... |
2000 |
Yes |
| David Wilkins |
An Inquiry into Indigenous Political Participation: Implications for Tribal Sovereignty |
9-SUM Kansas Journal of Law & Public Policy 732 (Summer, 2000) |
When we set out to examine the various forms and patterns of indigenous political participation in the three polities they are connected to-tribal, state, and federal-we are stepping into a most complicated subject matter. It is complicated in large part because Indians are citizens of separate extra-constitutional nations whose members have only... |
2000 |
Yes |
| Patrick Cleveland |
Apposition of Recent U.s. Supreme Court Decisions Regarding Tribal Sovereignty and International Indigenous Rights Declarations |
12 Pace International Law Review 397 (Fall 2000) |
I. Introduction. 397 II. Background. 400 A. The Legal Relationship between the United States and Native Americans. 400 B. Development of International Indigenous Rights. 408 III. Apposition of Recent U.S. Supreme Court Decisions on Tribal Sovereignty and Indigenous Rights Declarations. 413 IV. Conclusion. 423 |
2000 |
Yes |
| Donald D. Raymond, Jr. |
Balancing "Peculiarly Federal Interests" and Indian Sovereignty in Crimes by and Against Indians in Indian Country |
78 Washington University Law Quarterly 347 (2000) |
As an indigenous people with their own cultures and systems of governance in a land discovered and settled by European nations, American Indian tribes have created unique problems for those governing the American continents from the earliest days of conquest to the present time. One of the major problem areas has always been the relationship... |
2000 |
Yes |
| Jennifer S. Byram |
Civil Rights on Reservations: the Indian Civil Rights Act and Tribal Sovereignty |
25 Oklahoma City University Law Review 491 (Spring-Summer 2000) |
This Article explores the conflict between Tribal sovereignty and civil rights, in the context of sexual discrimination by Tribal governments. It reviews the arguments about whether civil rights guarantees should apply on reservations, and concludes that the Congressional provision of civil rights, in the Indian Civil Rights Act, should be... |
2000 |
Yes |
| Everett Saucedo |
Curse of the New Buffalo: a Critique of Tribal Sovereignty in the Post-igra World |
3 Scholar: St. Mary's Law Review on Minority Issues 71 (Fall 2000) |
People are afraid to oppose the tribal council because so many of them now work at the casino. . . the council members run the casino, and the council members sign their paychecks. Anyone who challenges them pays for it. - Marty Silvas, former Tigua I. Introduction. 72 II. The Tiguas. 76 III. The Current Crisis. 79 IV. Tribal Sovereignty. 84 V. The... |
2000 |
Yes |
| Kristen E. Burge |
Erisa and Indian Tribes: Alternative Approaches for Respecting Tribal Sovereignty |
2000 Wisconsin Law Review 1291 (2000) |
The economies of a number of Indian tribes throughout the United States have experienced tremendous growth and development over the past few years, often due to tribal gaming and related enterprises such as tourism. Indian tribal employers, such as the Ho-Chunk Nation in Wisconsin, are actively recruiting potential employees. They are looking to... |
2000 |
Yes |
| Jerry C. Straus |
Florida's War on Indian Gaming: an Attack on Tribal Sovereignty |
13 Saint Thomas Law Review 259 (Fall, 2000) |
In 1988 Congress passed the Indian Gaming Regulatory Act (IGRA). The states, disappointed with certain aspects of the IGRA legislation, launched a war against Indian tribes to stop them from conducting the gaming which Congress had determined was a vital source of economic development for tribes and a proper exercise of tribal sovereignty. In 1994... |
2000 |
Yes |
| Laura B. Bartell |
Getting to Waiver--a Legislative Solution to State Sovereign Immunity in Bankruptcy after Seminole Tribe |
17 Bankruptcy Developments Journal 17 (2000) |
In the aftermath of the Supreme Court's decision in Seminole Tribe of Florida v. Florida, the inability of Congress to abrogate state sovereign immunity pursuant to the Bankruptcy Code has been repeatedly recognized. Yet it is essential for the fair and efficient operation of federal bankruptcy jurisdiction that all creditors, including those... |
2000 |
Yes |
| N. Bruce Duthu |
Incorporative Discourse in Federal Indian Law: Negotiating Tribal Sovereignty Through Native American Literature |
13 Harvard Human Rights Journal 141 (Spring, 2000) |
Just one time when I'm telling a story somewhere, why don't you stop and listen? Thomas asked. Just once? Just once. Victor waved his arms to let Thomas know that the deal was good. It was a fair trade, and that was all Victor had ever wanted from his whole life. So Victor drove his father's pickup toward home while Thomas went into his... |
2000 |
Yes |
| Edmund J. Goodman |
Indian Tribal Sovereignty and Water Resources: Watersheds, Ecosystems and Tribal Co-management |
20 Journal of Land, Resources,and Environmental Law 185 (2000) |
Rivers are the quintessential transboundary resource, and by their nature raise the thorniest interjurisdictional questions between nations, whose borders they demarcate, cross and recross. Within the United States, these interjurisdictional questions acquire additional layers of complexity. U.S. federal law recognizes and protects three sources of... |
2000 |
Yes |
| John R. Bielski |
Judicial Denial of Sovereignty for Natives: an End to the Self-determination Era |
73 Temple Law Review 1279 (Winter 2000) |
After nearly two centuries of seeing their land and culture overwhelmed by the destructive impact of many federal Indian policies, Native Americans remained skeptical when President Nixon in 1970 proposed a new national initiative that would promote self-determination for the indigenous peoples of North America. Because he was a former... |
2000 |
Yes |
| Joshua C. Quinter |
Minnesota v. Mille Lacs Band of Chippewa Indians: Should the Courts Interpret Treaty Law to Emp Native American Tribes to Hatchet the Environment? |
11 Villanova Environmental Law Journal 461 (2000) |
As increasing globalization brings countries and cultures closer together, treaty law will play a major role in the protection of the environment and the preservation of natural resources. In the recent decision of Minnesota v. Mille Lacs Band of Chippewa Indians the United States Supreme Court confronted the impact treaties, which bind the United... |
2000 |
Yes |
| Larry EchoHawk |
Native Americans Requires Returning to Our Constitutional Origins Vine Deloria, Jr. & David E. Wilkins Tribes, Treaties, and Constitutional Tribulations University of Texas Press 1999 |
4 Green Bag 101 (Autumn 2000) |
SINCE COLUMBUS DISCOVERY of a new world, legal scholars and jurists have struggled to respect and define the rights of the dark-skinned natives who originally inhabited the land. The Europeans' struggle resulted in the formulation of a Doctrine of Discovery in the 16th Century that gave legal title to the newly discovered lands to the... |
2000 |
Yes |
| Michael R. Newhouse |
Recognizing and Native American Treaty Usufructs in the Supreme Court: the Mille Lacs Case |
21 Public Land & Resources Law Review 169 (2000) |
Great nations, like great men, should keep their word. Justice Hugo Black As the United States executed its policy of manifest destiny across North America, it faced a significant hurdle. Native American tribes held property rights in the lands they occupied. The United States entered into treaties to acquire tribal lands in return for... |
2000 |
Yes |
| Benjamin W. Thompson |
The De Facto Termi Native Sovereignty: an Anomaly in an Era of Self-determination |
24 American Indian Law Review 421 (2000) |
Chefornak is a village of two hundred Eskimos, on the edge of the Bering Sea. I arrived on the day the people had met to consider the adoption of a written tribal constitution. Discussion went on in Yup'ik for an afternoon. Their sense that a tribal government is best for them was manifest, for they consider that neither a municipal form of... |
2000 |
Yes |
| Christopher B. Chaney |
The Effect of the United States Supreme Court's Decisions During the Last Quarter of the Nineteenth Century on Tribal Criminal Jurisdiction |
14 BYU Journal of Public Law 173 (2000) |
The roots of modern federal Indian law were established in a trilogy of United States Supreme Court decisions written by Justice John Marshall during the period of 1823 to 1832. In Johnson v. McIntosh, the Supreme Court established the notion of European discovery as the basis upon which the United States government obtained control over its... |
2000 |
Yes |
| Vejay Lalla |
The Effectiveness of the Comprehensive Test Ban Treaty on Nuclear Weapons Proliferation: a Review of Nuclear Non-proliferation Treaties and the Impact of the Indian and Pakistani Nuclear Tests on the Non-proliferation Regime |
8 Cardozo Journal of International and Comparative Law 103 (Spring 2000) |
On May 11, 1995, the world seemed to be a safer place when 178 countries agreed to permanently extend the United Nations Nuclear Non-Proliferation Treaty (NPT). On September 10, 1996, the United Nations General Assembly (UNGA) signed the Comprehensive Test Ban Treaty (CTBT), which was designed to ban all nuclear weapons test explosions and... |
2000 |
Yes |
| Ann Tweedy |
The Liberal Forces Driving the Supreme Court's Divestment and Debasement of Tribal Sovereignty |
18 Buffalo Public Interest Law Journal 147 (2000) |
This paper examines the Supreme Court's substantial abandonment of a territorially based conception of Indian tribal sovereignty in favor of a consent-based conception and its recent characterization of tribal sovereignty as a special right, which may be claimed only by weak and dependent tribes. It ultimately attributes these trends, in... |
2000 |
Yes |
| Reverend Monsignor Franklyn M. Casale |
The President's Welcome Address for the Fifth St. Thomas University Tribal Sovereignty Symposium |
13 Saint Thomas Law Review Rev. 3 (Fall, 2000) |
It is with great pleasure that I welcome you all to our Fifth Tribal Sovereignty Symposium. This year's main concern is a very local one, but one with national and international implications. Its title is Sacred Sites and Modern Lives: The Miami Circle and Beyond. We are very proud that St. Thomas University is the location for such an important... |
2000 |
Yes |
| Mary Christina Wood |
The Tribal Property Right to Wildlife Capital (Part I): Applying Principles of Sovereignty to Protect Imperiled Wildlife Populations |
37 Idaho Law Review Rev. 1 (2000) |
As the salmon in the Columbia River Basin struggle to survive against powerful human forces driving the species to extinction, the treaty tribes of the Basin face an unprecedented crisis. For over 10,000 years the tribes have relied on the fish for subsistence, economic, and cultural needs. But over the past several decades, tribal harvest has... |
2000 |
Yes |
| Mary Christina Wood |
The Tribal Property Right to Wildlife Capital (Part I): Applying Principles of Sovereignty to Protect Imperiled Wildlife Populations |
37 Idaho Law Review Rev. 1 (2000) |
As the salmon in the Columbia River Basin struggle to survive against powerful human forces driving the species to extinction, the treaty tribes of the Basin face an unprecedented crisis. For over 10,000 years the tribes have relied on the fish for subsistence, economic, and cultural needs. But over the past several decades, tribal harvest has... |
2000 |
Yes |
| Jill Norgren, John Jay College and University Graduate Center, CUNY |
Vine Deloria Jr. and David E. Wilkins, Tribes, Treaties, and Constitutional Tribulations. Austin: University of Texas Press, 1999. 209 Pp. $30 (Hardback). $14.95 (Paperback) |
44 American Journal of Legal History 325 (July, 2000) |
Two things are certain about federal Indian law: its history is little known and its substance is even less well understood. Federal Indian law is a complex, often contradictory body of rules, a two century-long accretion of statutes, judicial opinions and executive branch decisions. Vine Deloria, Jr. and David E. Wilkins, both respected scholars... |
2000 |
Yes |
| John R. Hinrichs |
Weston v. Jones: Using State Court Subject Matter Jurisdiction by Estoppel to Undermine Tribal Sovereignty |
45 South Dakota Law Review 345 (1999-2000) |
In Weston v. Jones, the South Dakota Supreme Court ruled that a party to a divorce proceeding in state court could not collaterally attack that court's jurisdiction after a decree had been rendered. The original decree was void for lack of jurisdiction because a tribal court had exclusive jurisdiction over the divorce proceeding. According to... |
2000 |
Yes |
| David M. LaSpaluto |
A 'Strikingly Anomalous,' 'Anachronistic Fiction': Off-reservation Sovereign Immunity for Indian Tribal Commercial Enterprises |
36 San Diego Law Review 743 (Summer 1999) |
I. Introduction. 744 II. Kiowa and Its Recent Legacy. 749 A. The Case, Its Holding, and Its Effects. 749 B. The Nature of the Sovereign Immunity at Issue Here: Off-Reservation, Commercial Activity. 752 C. Trouble Areas: Places that This Will Reach. 754 D. How Far Will It Go? Dixon, Ex parte Young, and Waiver as Possible Limitations. 757 III. The... |
1999 |
Yes |
| Ryan T. Koczara |
American Indian Law--sovereign Immunity--Indian Tribes Enjoy Sovereign Immunity from Suits on Contracts, Whether Those Contracts Involve Governmental or Commercial Activities and Whether They Were Made on or off a Reservation. Kiowa Tribe v. Manufacturing |
76 University of Detroit Mercy Law Review 927 (Spring 1999) |
The Supreme Court has consistently held that tribal sovereign immunity is a barrier to suits against Indian tribes, without distinguishing whether the transactions upon which such suits are based occurred on or off of Indian reservations. Kiowa Tribe v. Manufacturing Technologies, Inc., presented the Supreme Court a ripe opportunity to confine... |
1999 |
Yes |
| John Fredericks III |
America's First Nations: the Origins, History and Future of American Indian Sovereignty |
7 Journal of Law & Policy 347 (1999) |
It is often said that Christopher Columbus discovered America. The truth is, the territory now known as the United States was occupied by large groups of indigenous people long before the Europeans reached her shores. If asked, these native people will tell you that they have occupied this land since time immemorial. Indeed, many native tribes... |
1999 |
Yes |
| Amy Sender |
Australia's Example of T Native Title: Indigenous People's Land Rights in Australia and the United States |
25 Brooklyn Journal of International Law 521 (1999) |
With the end of the twentieth century quickly approaching, the world's focus has shifted from a capitalist, gain-seeking mentality towards a sympathy and respect for needy and less fortunate humans. Consequently, a global emphasis has been placed on indigenous people and their rights. Remarkably, 1993 was proclaimed the International Year of the... |
1999 |
Yes |
| Heath Oberloh |
Calvello v. Yankton Sioux Tribe: Shoring UpTribal Sovereign Immunity Against the Flood of Commercial Transactions Involving Tribally Owned Businesses |
44 South Dakota Law Review 746 (1998-1999) |
In Calvello v. Yankton Sioux Tribe, the South Dakota Supreme Court held that the Tribe's participation in arbitration did not amount to a waiver of its sovereign immunity in a contract dispute with one of its non-tribal employees. In so deciding, the court failed to recognize the changing circumstances surrounding tribal sovereign immunity, failed... |
1999 |
Yes |
| John Rainwater |
Criminal Jurisdiction over Tribal Land in Kansas: Dueling Sovereigns |
68-FEB Journal of the Kansas Bar Association 22 (February, 1999) |
This article addresses criminal jurisdiction over offenses committed by or against Indians in Indian country located in Kansas. The law in this area is complex because of the overlapping jurisdiction of federal, state and tribal governments. However, in Kansas, the issue is somewhat simpler than other states. Federal law grants the state of Kansas... |
1999 |
Yes |
| Alisa Cook Lauer 2000 |
Dispelling the Constitutional Creation Myth of Tribal Sovereignty, United States v. Weaselhead |
78 Nebraska Law Review 162 (1999) |
Long ago There were no Stars, no moon, no sun. There was only darkness and water. A raft floated on the water, and on the raft sat a turtle. Then from the sky, a spirit came down and sat on the raft. Who are you? asked turtle. Where do you come from? I came from above, answered the spirit. Can you create some land for us? asked turtle. We... |
1999 |
Yes |
| Dean B. Suagee , John P. Lowndes |
Due Process and Public Participation in Tribal Environmental Programs |
13 Tulane Environmental Law Journal L.J. 1 (December, 1999) |
I. Introduction. 3 II. Why Public Participation and Due Process Matter. 5 A. Rights and Interests of Tribal Members. 6 B. Rights and Interests of Non-Indians. 6 C. Avoiding Divestiture of Sovereignty by Congress and the Courts. 7 D. Public Perceptions of Tribal Government. 9 III. Sources of Law for Due Process Before Tribal Agencies. 9 A. Indian... |
1999 |
Yes |
| Beth Prinz |
Expanding State Sovereignty: Idaho v. Coeur D'alene Tribe of Idaho |
35 Idaho Law Review 599 (1999) |
I. INTRODUCTION. 600 II. A BRIEF HISTORY OF THE ELEVENTH AMENDMENT. 603 A. The Beginning: The Eighteenth Century. 603 B. Interpretations of the Eleventh Amendment by the Marshall Court. 605 C. Hans v. Louisiana: What We Say Is Not Always What We Mean. 606 D. How to Sue the State Without Suing the State: Ex parte Young. 608 III. FACTS AND PROCEDURAL... |
1999 |
Yes |
| David B. Jordan |
Federal Indian Law: Tribal Sovereign Immunity: Why Oklahoma Businesses Should Revamp Legal Relationships with Indian Tribes after Kiowa Tribe v. Manufacturing Technologies, Inc. |
52 Oklahoma Law Review 489 (Fall, 1999) |
In May 1998, the United States Supreme Court decided Kiowa Tribe v. Manufacturing Technologies, Inc. For Oklahoma, the Supreme Court decision represented a significant shift in Oklahoma's jurisprudence regarding tribal sovereign immunity. In essence, the Supreme Court held that Indian tribes are immune from suit in state and federal court on... |
1999 |
Yes |
| Andrea K. Leisy |
Inherent Tribal Sovereignty and the Clean Water Act: the Effect of Tribal Water Quality Standards on Non-Indian Lands Located Both Within and Outside Reservation Boundaries |
29 Golden Gate University Law Review 139 (Spring, 1999) |
In City of Albuquerque v. Browner, the United States Court of Appeals for the Tenth Circuit held, in part, that the Environmental Protection Agency's (EPA) construction of the 1987 amendment to the Clean Water Act (CWA) was permissible because the amendment is in accord with the doctrine of Indian tribal sovereignty. Specifically, the EPA... |
1999 |
Yes |
| Hon. Kerstin G. LeMaire ; & Mark D. Tallan |
Issues Involving Extradition and Their Impact on Tribal Sovereignty |
76 University of Detroit Mercy Law Review 803 (Spring 1999) |
This Article will focus on the problems facing tribes when they receive a request for extradition and when they need to extradite a person from another jurisdiction to stand trial for a crime committed on a reservation. Because of tribes' unusual jurisdictional status as domestic dependent nations, they are granted limited sovereignty over... |
1999 |
Yes |