AuthorTitleCitationSummaryYearKey Terms
  Native American Treaties 113 Harvard Law Review 389 (November, 1999) In 1837, twelve Chippewa bands signed a treaty with the United States that ceded land in what are now Wisconsin and Minnesota in exchange for money and goods. The treaty guaranteed to the Chippewa the privilege of hunting, fishing, and gathering the wild rice on ceded lands during the pleasure of the President of the United States. Three events... 1999 Yes
  Native American Treaties 113 Harvard Law Review 389 (November, 1999) In 1837, twelve Chippewa bands signed a treaty with the United States that ceded land in what are now Wisconsin and Minnesota in exchange for money and goods. The treaty guaranteed to the Chippewa the privilege of hunting, fishing, and gathering the wild rice on ceded lands during the pleasure of the President of the United States. Three events... 1999 Yes
Larry Sager Rediscovering America: Recognizing th Native American Indian Nations 76 University of Detroit Mercy Law Review 745 (Spring 1999) Where there is law, there is injustice. -- Leo Tolstoy There exists . . . a solidarity through which each shares responsibility for every injustice and every wrong committed in his presence or of which he cannot be ignorant. If I do not do whatever I can to prevent them, I am an accomplice to them. -- Karl Jaspers This article advocates the... 1999 Yes
Jessie Huff Durham Responsible Sovereignty: How Tribes Can Use Protections Provided in P.l. 93-638 and P.l. 101-152 to Their Advantage Without Taking Advantage 35 Tulsa Law Journal 55 (Fall, 1999) Pursuant to the Acts of April 16, 1934 , November 2, 1921, and August 5, 1954, the Bureau of Indian Affairs in the Department of Interior (DOI) and the Public Health Service in the Department of Health and Human Services (DHHS) have the responsibility of providing a number of benefits and services to Indians because of their status as Indians.... 1999 Yes
Gary S. Pitchlynn Secured Transactions and Tribal Sovereign Immunity 53 Consumer Finance Law Quarterly Report 52 (Winter, 1999) The recent decision of the United States Supreme Court in Kiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc., seems to have created a substantial amount of concern among the legal and business communities that have dealings with federally recognized tribes and their business enterprises. To those who regularly practice federal/Indian law,... 1999 Yes
Martha A. Fodor Sovereign Immunity--Indian Tribes--Indian Mining Leasing Act of 1938-- Taxation--restitution 37 Duquesne Law Review 671 (Summer 1999) The Crow Tribe (Tribe) ceded a portion of its non-reservation land to the United States in 1904. Although the United States conveyed the surface rights of the strip to various non-Indians, the United States continued to hold the mineral rights underlying the strip in trust for the Tribe. The Tribe entered into a coal mining lease agreement with... 1999 Yes
Hurst Hannum Sovereignty and its Native Americans in the Twenty-first Century 23 American Indian Law Review 487 (1998/1999) Before I begin, let me make clear that I speak to you today as an international lawyer, not as an expert in the complex area of Native American law. I have been asked to address the issue of sovereignty from that international perspective, rather than to examine the concept from the more specialized viewpoint of an Indian or constitutional lawyer.... 1999 Yes
Steven W. Bugg The Business Ramifications of Tribal Sovereign Immunity: Life after Kiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc. 53 Consumer Finance Law Quarterly Report 59 (Winter, 1999) In Kiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc., the United States Supreme Court held that Indian tribes are protected from suit by the doctrine of tribal sovereign immunity. This decision has serious consequences for anyone engaged in any type of activity with Indian tribes. The decision leaves non-Indians with no effective remedy... 1999 Yes
Erik M. Jensen The Continuing Vitality of Tribal Sovereignty under the Constitution 60 Montana Law Review Rev. 3 (Winter, 1999) Imagination is a wonderful thing. Close your eyes, and you can walk through the looking glass into a new, and perhaps better, world. I read James A. Poore III's essay, The Constitution of the United States Applies to Indian Tribes, as such an enjoyable flight of fancy. Mr. Poore might be right that the United States would be a better place if... 1999 Yes
Erik M. Jensen The End (Of this Discussion) of Tribal Sovereignty 60 Montana Law Review 35 (Winter, 1999) This has been an interesting exchange, and I have learned a lot from it. Lest there be any confusion, let me come out strongly in favor of logic. I like logic, some of my best friends are logical, and logic is very, very important to thinking in general and to the law in particular. That said, we should recognize logic's limits in understanding the... 1999 Yes
Conrad A. Fjetland The Endangered Species Act and Indian Treaty Rights: a Fresh Look 13 Tulane Environmental Law Journal 45 (December, 1999) I. Introduction. 45 II. Avoidance of Conflicts Between the ESA and Indian Treaty Rights. 47 A. Flexibility Within the ESA. 47 B. Regulation of Treaty Rights for Conservation Purposes. 49 C. National Trust Responsibility to Maintain Treaty Rights. 51 III. Does the Endangered Species Act Abrogate Indian Treaty Rights?. 53 A. The Legislative History.... 1999 Yes
W. Michael Reisman , Co-Editor in Chief The Government of the State of Eritrea and the Government of the Republic of Yemen. Award of the Arbitral Tribunal in the First Stage of the Proceedings. (Territorial Sovereignty and Scope of the Dispute) 93 American Journal of International Law 668 (July, 1999) In an Agreement on Principles of May 21, 1996, Eritrea and Yemen agreed to renounce the use of force against each other and to settle their dispute on questions of territorial sovereignty and of delimitation of maritime boundaries peacefully. The Arbitration Agreement of October 3, 1996, implemented a two-stage process contemplated in the... 1999 Yes
Richard J. Ansson, Jr. The United States Supreme Court and American Indian Tribal Sovereignty 23 American Indian Law Review 465 (1998/1999) American Indian Sovereignty and the U.S. Supreme Court: The Masking of Justice. By David E. Wilkins. University of Texas Press. 1998. Pp. 403. In 1823, the Supreme Court addressed its first federal Indian question in Johnson v. McIntosh, and since McIntosh, the Court has decided numerous federal Indian questions. Indeed, in the past thirty years,... 1999 Yes
James T. Johnson Treaty Fishing Rights and Indian Participation in International Fisheries Management 77 Denver University Law Review 403 (1999) For centuries before the Europeans came upon North America, the rivers met the needs of the salmon and the salmon met the needs of the Indian. The tribes and the salmon had benefited from this partnership, secure in their adaptation to the environment and to each other. The Indians knew they had to protect the quality of the rivers. Under... 1999 Yes
John W. Borchert Tribal Immunity Through the Lens of the Foreign Sovereign Immunities Act: a Warrant for Codification? 13 Emory International Law Review 247 (Spring, 1999) On May 25, 1994, Officer Joseph Miller, the chief of police for the Stockbridge-Munsee Community Band of Mohican Indians (the Community), was dispatched to respond to a disturbance at tribal headquarters that involved the members of the Community's governing council. What Officer Miller found at tribal headquarters was a bitter dispute over... 1999 Yes
Eric Governo Tribal Sovereign Immunity: History, Competing Policies, and Kiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc. 34 New England Law Review 175 (Fall, 1999) On May 28, 1998, the United States Supreme Court decided Kiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc. The Court held that 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. The case will have broad... 1999 Yes
Wilma Mankiller Tribal Sovereignty Is a Sacred Trust: an Open Letter to the Conference 23 American Indian Law Review 479 (1998/1999) I deeply regret my inability to join you for this important conference. My health is precarious and unpredictable. Yet I remain hopeful that I will ultimately regain reasonably good health again. I have looked forward to this conference for months. I have been involved in tribal rights and sovereignty issues for almost 30 years and have observed... 1999 Yes
Cynthia A. De Silva Waging the Wager War: Tribal Sovereignty, Tribal Gaming, and California's Proposition 5 and Chapter 409 30 McGeorge Law Review 1025 (Spring, 1999) I. Introduction. 1028 II. Tribal Sovereignty: Background and Principles. 1031 A. In the Beginning, There Was Light: Tribal Sovereignty in Pre- and Post-Revolutionary America. 1031 B. And Then, There Came Sunset: Tribal Sovereignty in the Marshall Court Era. 1032 1. Johnson v. M'Intosh. 1033 2. Cherokee Nation v. Georgia. 1034 3. Worcester v.... 1999 Yes
Christina Bohannan , Thomas F. Cotter When the State Steals Ideas: Is the Abrogation of State Sovereign Immunity from Federal Infringement Claims Constitutional in Light of Seminole Tribe? 67 Fordham Law Review 1435 (March, 1999) HISTORY is replete with legendary accounts of the ruler who, in an effort to preclude a master builder from ever equaling or surpassing some glorious feat commissioned by the sovereign, employs a rather crude substitute for the modern covenant not to compete. One of the more popular stories, for example, is that upon completion of St. Basil's... 1999 Yes
Michael J. Wynne American Indian Sovereignty and the U.s. Supreme Court; the Masking of Justice 36-OCT Houston Lawyer 50 (September/October, 1998) In American Indian Sovereignty and the U.S. Supreme Court; The Masking of Justice, Professor David E. Wilkins presents a strong indictment of the Supreme Court's role in depriving Native American tribes of their means of survival as distinct communities as the U.S. expanded westward and developed economically. He analyzes fifteen Supreme Court... 1998 Yes
James E. Pfander An Intermediate Solution to State Sovereign Immunity: Federal Appellate Court Review of State-court Judgments after Seminole Tribe 46 UCLA Law Review 161 (October, 1998) In this Article, Professor James Pfander considers the constitutionality of what he calls an intermediate solution to the problem of enforcing federal rights against the states. The Article suggests that Congress might work around the Seminole Tribe decision by enacting new legislation with two features. First, the proposed legislation would... 1998 Yes
Carl H. Johnson Balancing Species Protection with Tribal Sovereignty: What Does the Tribal Rights-endangered Species Order Accomplish? 83 Minnesota Law Review 523 (December, 1998) In a time when natural resources continue to dwindle, conflicting ideas over their productive use can often lead to confrontation and animosity. Disagreements over the use of natural resources are exacerbated when the sovereignty of Indian tribes is challenged. Such disputes have led to discord between mainstream environmentalists and Indian tribes... 1998 Yes
Starla Kay Roels Borrowing Instead of Taking: How the Seemingly Opposite Threads of Indian Treaty Rights and Property Rights Activism Could Intertwine to Restore Salmon to the Rivers 28 Environmental Law 375 (Summer 1998) This Article examines the nature of the right to fish that Indian tribes reserved in treaties with the United States Government, concluding that the exercise of the treaty right to fish is a compensable Fifth Amendment property right. The Author discusses how hydroelectric dams have greatly contributed to the dwindling salmon runs, demonstrates the... 1998 Yes
Laura C. Smythe Chippewa Treaty Rights: the Reserved Rights of Wisconsin's Chippewa Indians in Historical Perspective 71-FEB Wisconsin Lawyer 28 (February, 1998) Ronald Satz wrote this book to present an overview of the history of Chippewa-United States relations leading to the treaties of 1837, 1842, and 1854 and to examine the consequences of those agreements for Chippewa and for non-Indian residents of Wisconsin and for the state of Wisconsin. This book is not a primer on Indian law, but Satz did not... 1998 Yes
Vanessa Magnanini Constructing Tribal Sovereignty for the 21st Century: the Story of Lawmaking in Chilkat Indian Village, Ira v. Johnson 18 Boston College Third World Law Journal 45 (Winter, 1998) Attorney Tony Strong had only minutes to figure out a way to stop Michael Johnson's hired van from entering his native village of Klukwan, Alaska and removing the most revered artifacts the village owned. Have Uncle Albert go cut some trees down [and] fell them across the road, he told his sister Lonnie on the phone. His sister, who had called... 1998 Yes
Jeffrey Wutzke Dependent Independence: Application of the Native Hawaiian Sovereignty and Self-determination Claims 22 American Indian Law Review 509 (1998) In the late summer of 1996, Native Hawaiians voted to elect delegates to propose a Native Hawaiian government. What exactly a Native Hawaiian government meant for purposes of the referendum was left undefined; the possibilities range from complete independence from the United States, to the creation of some type of state within a state... 1998 Yes
Evan J. Wallach Extradition to the Rwandan War Crimes Tribunal: Is Another Treaty Required? 3 UCLA Journal of International Law and Foreign Affairs 59 (Summer, 1998) In December 1997, a Magistrate Judge in Laredo, Texas, refused to extradite Elizaphan Ntakirutimana, a Rwandan citizen, to be tried for genocide before the Rwandan War Crimes Tribunal (the Rwandan Tribunal). The Judge held that enabling legislation passed by Congress was unconstitutional because the United States Senate had not ratified any treaty... 1998 Yes
Robert Laurence Full Faith and Credit in Tribal Courts: an Essay on Tribal Sovereignty, Cross-boundary Reciprocity and the Unlikely Case of Eberhard v. Eberhard 28 New Mexico Law Review 19 (1998) The case of Eberhard v. Eberhard presents, in classic form, the questions of the enforcement of judgments across Indian reservation boundaries: What reception should a tribal court give to a state court order? What reception should a state court give to a tribal court order? Do these questions have the same answer? Should they have the same answer?... 1998 Yes
Erin Goff Chrisbens Indian Country after Ancsa: Divesting Tribal Sovereignty by Interpretation in Native Village of Venetie Tribal Government 76 Denver University Law Review 307 (1998) The Alaska Native tribe of Venetie Indians has inhabited an area in north-central Alaska since before the United States Supreme Court was even a sparkle in our forefathers' eyes. Yet the recent Supreme Court decision in Alaska v. Native Village of Venetie Tribal Government, arguably stripped the Venetie Indians of the inherent sovereignty and... 1998 Yes
John Randolph Prince Indian Country: a Different Model of Sovereignty 33 Gonzaga Law Review 103 (1997-1998) I. Introduction. 103 II. Sovereignty: A Dangerous Abstraction. 107 A. The King's Excuse. 107 B. The Need for Limits. 109 III. The Benefits of Limited Sovereignty. 110 IV. First Nation Sovereignty: Now You See It, Now You Don't. 115 A. A Confused History. 115 B. A False Narrative. 116 V. First Nation Sovereignty Today. 120 A. Sovereignty in the... 1998 Yes
Sandi B. Zellmer Indian Lands as Critical Habitat for Indian Nations and Endangered Species: Tribal Survival and Sovereignty Come First 43 South Dakota Law Review 381 (1998) INTRODUCTION. 382 I. THE TRUST RESPONSIBILITY INCLUDES PROCEDURAL AND SUBSTANTIVE DUTIES TOWARD INDIAN LANDS AND RESOURCES. 385 A. The Origins of the Federal Trust Responsibility. 385 B. Defining the Procedural and Substantive Duties Toward Trust Resources. 389 1. Consultation. 389 2. Tribal Sovereignty and Resources. 390 II. THE ESA, ITS HABITAT... 1998 Yes
Aaron S. Duck Indians: Modern Tribal Jurisdiction over Non-Indian Parties: the Supreme Court Takes Another Bite out of Tribal Sovereignty in Strate v. A-1 Contractors 51 Oklahoma Law Review 727 (Winter, 1998) Indian tribes occupy a unique status in American law. Before European immigration to America, Indian tribes were self-governing sovereign political communities. They exercised unlimited power over all people within their communities. Indian tribes, however, no longer possess the full attributes of sovereignty. Recent court decisions often... 1998 Yes
Scott D. Danahy License to Discriminate: the Application of Sovereign Immunity to Employment Discrimination Claims Brought by Non-native American Employees of Tribally Owned Businesses 25 Florida State University Law Review 679 (Spring, 1998) I. Introduction. 679 II. Roselius v. McDaniels. 680 III. The Changing Role of Tribes as Employers. 682 IV. The Doctrine of Tribal Sovereign Immunity. 683 V. Employment Discrimination Claims Against Tribal Businesses Are Not Subject to the Defense of Sovereign Immunity. 686 A. Congress's Use of Its Plenary Power to Limit Tribal Immunity. 686 B.... 1998 Yes
David M. Osterfeld Plastic Indians, Nazis, and Genocide: a Perspective on America's Treatment of Indian Nations 22 American Indian Law Review 623 (1998) Ward Churchill, Indians are Us? Culture and Genocide in Native North America, Common Courage Press, 1994 $14.95 Sizzling the moisture laden air, the hot summer sun creates a sticky incumbrance on human skin. As the wind whistles through the drooping power lines which plague the reservation like a swarm of locusts, damp creosote and sagebrush mix,... 1998 Yes
Brian Patterson Remarks on Indian Spirituality and Culture 11 Saint Thomas Law Review 13 (Fall, 1998) Good morning everyone, it is a beautiful day as we gather here at St. Thomas, and I give thanks to the people of St. Thomas for having us here. We have come here and now we must be of one mind. We must gather all of our thoughts into one and we must wrap all our thoughts into one bundle. And we will give thanks to the Creator that we can come here... 1998 Yes
Brian Patterson Remarks on Tribal History and Culture 11 Saint Thomas Law Review Rev. 5 (Fall, 1998) There is a lot to be said in a matter of minutes regarding what has occurred in the past five-hundred years. As we talk about culture, I wonder: What exactly is culture? For what we have been given, for what we have been able to retain is an understanding of who we are as people, of the instructions the Creator has given to all of us on this good... 1998 Yes
John R. Wunder, University of Nebraska-Lincoln Robert A. Williams, Jr., Linking Arms Together: American Indian Treaty Visions of Law and Peace, 1600-1800. 42 American Journal of Legal History 314 (July, 1998) Linking Arms Together, more than any other book previously published on United States-Indian relations, explains explicitly the Indian role and perception of the treaty in the American legal system. This book should be required reading for any Supreme Court justice who thinks about writing a legal opinion on federal Indian law or for any... 1998 Yes
Raymond Cross Sovereign Bargains, Indian Takings, and the Preservation of Indian Country in the Twenty-first Century 40 Arizona Law Review 425 (Summer 1998) C1-3Table of Contents I. Introduction. 426 A. Chief Justice Marshall's Construction of the Indian Bargaining Model. 433 B. The Giving and Taking of Indian America. 435 C. The First Era: Americanizing the European Doctrine of Discovery. 438 D. The Second Era: The Indian Peoples' Descent from Sovereign to Wardship Status. 441 E. The Third Era:... 1998 Yes
Derek P. Radtke State Encroachment into Tribal Sovereignty by Means of the Assimilative Crimes Act 19 Whittier Law Review 655 (Spring 1998) Through the Assimilative Crimes Act (ACA), non-Public Law 280 states have been given the vehicle indirectly to proscribe and enforce state laws and punishments within Indian country. Although the states are not directly arresting tribal members pursuant to the ACA, federal agents are given the authority to enforce state law under this Act.... 1998 Yes
Wambdi Awanwicake Wastewin Strate v. A-1 Contractors: Intrusion into the Sovereign Native Nations 74 North Dakota Law Review 711 (1998) With the decision in Strate v. A-1 Contractors, the United States Supreme Court overstepped the bounds of the government-to-government relationship between Tribal nations and the United States. The Strate decision follows a recent trend in the Supreme Court's decisions of judicial activism in terms of federal Indian law, and also signals a return... 1998 Yes
Michael C. Blumm , Brett M. Swift The Indian Treaty Piscary Profit and Habitat Protection in the Pacific Northwest: a Property Rights Approach 69 University of Colorado Law Review 407 (Spring 1998) Introduction. 409 I. The Unresolved Issues in Phase II of United States v. Washington. 413 II. Background. 420 A. The Pre-Treaty Fishery. 420 B. The Stevens and Palmer Treaties. 426 C. The Post-Treaty Fishery. 433 III. The Winans Doctrine: Treaty Rights As Property Rights. 435 A. The Early Cases. 436 B. United States v. Winans. 440 IV. The... 1998 Yes
Kevin J Worthen The Right to Keep and Bear Arms in Light of Thornton: the People and Essential AtTributes of Sovereignty 1998 Brigham Young University Law Review 137 (1998) Few people think about gun control and term limits in the same way. They generally favor one or the other, but not both or neither. The thesis of this Article, however, is that the two concepts are connected--or at least that the Framers of the United States Constitution would have found a connection between the two--and that the connection between... 1998 Yes
Jami K. Elison Tribal Sovereignty and the Endangered Species Act 6 Willamette Journal of International Law and Dispute Resolution 131 (1998) Gone Fishing. Although that phrase usually communicates a sabbatical from anxiety, it connotes no such respite for fishers who must extricate treaty rights on the banks of the Endangered Species Act (ESA). The ESA forbids taking of listed species, but the ESA is silent about Indian treaties. A legal question can be articulated, neatly: Does the... 1998 Yes
Troy M. Yoshino Ua Mau Ke Ea O Ka Aina I Ka Pono: Voting Native Hawaiian Sovereignty Plebiscite 3 Michigan Journal of Race and Law 475 (Spring 1998) Using the Native Hawaiian Sovereignty Plebiscite to investigate the complex interplay between race, nationalism, and the special purpose district exception, this Note chronicles the development of relevant legal doctrines and the history of the Native Hawaiians' quest for self-government in an attempt to untangle those issues. In doing so, this... 1998 Yes
Billy Evans Horse , Luke E. Lassiter A Tribal Chair's Perspective on Inherent Sovereignty 10 St. Thomas Law Review 79 (Fall, 1997) Many years ago, my grandfather, William Cornbread Tanedooah, who was one of the last Kiowa doctors--or as we say in English, medicine men--passed to me one of his bundles, a bundle possessing buffalo medicine. And with it, my grandfather told me the following story: When the Kiowas were still free on the Plains following the buffalo, there was... 1997 Yes
Susan Beth Farmer Altering the Balance Between State Sovereignty and Competition: the Impact of Seminole Tribe on the Antitrust State Action Immunity Doctrine 23 Ohio Northern University Law Review 1403 (1997) To paraphrase Justice Stevens' dissent in Seminole Tribe, both the Seminole Tribe case and the antitrust laws are about power in different senses. Seminole Tribe power is the power of federal courts to assert jurisdiction over state governments. The antitrust laws are concerned about market power; the power of firms to raise prices, to fix... 1997 Yes
Susan Beth Farmer Balancing State Sovereignty and Competition: an Analysis of the Impact of Seminole Tribe on the Antitrust State Action Immunity Doctrine 42 Villanova Law Review 111 (1997) C1-3Table of Contents I. The Development of the Doctrine of State Sovereign Immunity Under the Eleventh Amendment. 116 A. The Chisholm Decision. 117 B. The Hans Decision. 122 C. Modern Eleventh Amendment Analysis. 125 II. The Seminole Tribe Decision--The Ascent of the Minority. 132 A. Factual Background. 133 B. Supreme Court's Majority Holding and... 1997 Yes
Stephanie A. Levin Betting on the Land: Indian Gambling and Sovereignty 8 Stanford Law and Policy Review 125 (Winter, 1997) Recently, more and more Americans have been surprised to discover that Indian tribes are actually separate, and in many ways self-governing, units within the American political structure. While they may have been aware that Indians lived on reservations somewhere, or may have had vague and probably stereotyped images of Indian history and... 1997 Yes
Colleen F. Walsh Constitutional Law--sovereign Immunity--congress's Article I Powers May Not Abrogate State Sovereign Immunity Granted by the Eleventh Amendment and ex Parte Young Is Inapplicable to Suits Brought under the Indian Gaming Regulatory Act--seminole Tribe v. F 27 Seton Hall Law Review 806 (1997) The concept of sovereign immunity predates the formation of a federal government in the United States. Initially founded on the belief that the King enjoyed immunity from all private suits, some scholars argue that the Tenth Amendment incorporated sovereign immunity into the Constitution. Others claim the protection of sovereign immunity did not... 1997 Yes
Wambdi Awanwicake Wastewin Federal Courts--Indians: the Eleventh Amendment and Seminole Tribe: Reinvigorating the Doctrine of State Sovereign Immunity 73 North Dakota Law Review 517 (1997) In the United States, there are three major governmental entities: the federal government, state governments, and tribal governments. In March of 1996, the Supreme Court in Seminole Tribe v. Florida case reassessed the balance of power between these three governmental entities. This reassessment cast into doubt certain previously relied upon... 1997 Yes
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