AuthorTitleCitationSummaryYearKey Terms
Andrew I. Gavil Interdisciplinary Aspects of Seminole Tribe v. Florida: State Sovereign Immunity in the Context of Antitrust, Bankruptcy, Civil Rights and Environmental Law 23 Ohio Northern University Law Review 1393 (1997) This Mini-Symposium was originally conducted as a live program at the Annual Conference of The Association of American Law Schools, January 7, 1997, in Washington, D.C. The impetus for the program was the Supreme Court's March 27, 1996, decision in Seminole Tribe v. Florida, in which it held that the Eleventh Amendment bars Congress from... 1997 Yes
by Kevin J Worthen Kiowa Tribe of Oklahoma 1997-98 Preview of United States Supreme Court Cases 232 (12/30/1997) The Supreme Court has recognized that Indian tribes, like other sovereigns in our governmental system, enjoy sovereign immunity the right not to be sued without their consent. The issue in this case is whether tribal sovereign immunity extends to suits in state court arising from a tribe's business activities that occur outside Indian country.... 1997 Yes
Sandra Day O'Connor Lessons from the Third Sovereign: Indian Tribal Courts 33 Tulsa Law Journal L.J. 1 (Fall, 1997) Today, in the United States, we have three types of sovereign entities--the Federal government, the States, and the Indian tribes. Each of the three sovereigns has its own judicial system, and each plays an important role in the administration of justice in this country. The part played by the tribal courts is expanding. As of 1992, there were... 1997 Yes
Sandra Day O'Connor Lessons from the Third Sovereign: Indian Tribal Courts 33 Tulsa Law Journal L.J. 1 (Fall, 1997) Today, in the United States, we have three types of sovereign entities--the Federal government, the States, and the Indian tribes. Each of the three sovereigns has its own judicial system, and each plays an important role in the administration of justice in this country. The part played by the tribal courts is expanding. As of 1992, there were... 1997 Yes
G. William Rice Of Cold Steel and Blueprints: Musings of an Old Country Lawyer on Crime, Jurisprudence, and the Tribal Attorney's Role in Developing Tribal Sovereignty 7-WTR Kansas Journal of Law & Public Policy 31 (Winter, 1997) Far best is he who knows all things himself; Good, he that hearkens when men counsel right; But he who neither knows, nor lays to heart Another's wisdom, is a useless wight. Three decades ago, a new generation of Indian lawyers began to emerge from the law schools of this country. This first generation of Indian lawyers has exerted a tremendous... 1997 Yes
Kelly S. Croman One Size Does Not Fit All: the Failure of Washington's Licensing Standards for Alcohol and Drug Treatment Programs and Facilities to Meet the Needs of Indians 72 Washington Law Review 129 (January, 1997) Abstract: It is well recognized that culturally and spiritually relevant alcohol and chemical dependency treatment programs are most successful. Washington's licensing standards for such programs and facilities, however, fail to address the cultural and spiritual needs of Indians who they serve. The State's current one-size-fits-all approach offers... 1997 Yes
Ronald Eagleye Johnny Practicing Tribal and Indian Law along Highway 50 5-JUN Nevada Lawyer 15 (June, 1997) Whether you drive the length of Highway 50 beginning from the east or west, you begin your journey in what was, until the 1980s for some tribes, land owned by three of the four Native American Nations that occupied what became Nevada before the coming of the white man: the Western Shoshone on the east, the Washoe on the west, and the Northern... 1997 Yes
Eleas Horne Seminole Tribe of Florida v. Florida: the Eleventh Amendment Upholds State Sovereign Immunity in the Face of Congressional Abrogation to the Contrary 17 Journal of Land, Resources, & Environmental Law 108 (1997) In Seminole Tribe of Florida v. Florida (Seminole), the United States Supreme Court expanded the Eleventh Amendment by declaring that Congress does not have constitutional authority under the Indian Commerce Clause to abrogate a state's immunity from suit in federal court. Under the Indian Gaming Regulatory Act (IGRA), Congress provided a statutory... 1997 Yes
Laura M. Herpers State Sovereign Immunity: Myth or Reality after Seminole Tribe of Florida v. Florida? 46 Catholic University Law Review 1005 (Spring 1997) The Eleventh Amendment to the United States Constitution provides, The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State. The Amendment embodies the doctrine of... 1997 Yes
Julie A. Clement Strengthening Autonomy by Waiving Sovereign Immunity: Why Indian Tribes Should Be "Foreign" under the Foreign Sovereign Immunities Act 14 Thomas M. Cooley Law Review 653 (Michaelmas Term, 1997) In 1831, Chief Justice John Marshall set the stage for a paradox that continues today. In a landmark decision, he categorized Indian tribes as domestic dependent nations, and the phrase has eluded definition ever since. Domestic dependent nation may be an oxymoron. Nation, at the very least, implies independence rather than dependence;... 1997 Yes
Robert B. Porter Strengthening Tribal Sovereignty Through Government Reform: What Are the Issues? 7-WTR Kansas Journal of Law & Public Policy 72 (Winter, 1997) Throughout Indian country today, it seems that acrimony is the rule rather than the exception. Leadership challenges, membership disputes, constitutional crises, and often violence have afflicted both the largest and smallest Indian nations. While we know that there has always been some degree of internal turmoil, modern infighting seems... 1997 Yes
Robert B. Porter Strengthening Tribal Sovereignty Through Peacemaking: How the Anglo-american Legal Tradition Destroys Indigenous Societies 28 Columbia Human Rights Law Review 235 (Winter 1997) Three Killed in Gunbattle Triggered by Seneca Feud --Headline, The Buffalo News State Court jurisdiction over the type of internal dispute present here would set a dangerous precedent that could severely undermine the (Seneca) Nation's sovereignty, usurp the authority of the Nation's courts, and erode the power of the Nation's leaders to govern for... 1997 Yes
Lawrence Watters , Connie Dugger The Hunt for Gray Whales: the Dilemma Native American Treaty Rights and the International Moratorium on Whaling 22 Columbia Journal of Environmental Law 319 (1997) Every generation receives a natural and cultural legacy in trust from its ancestors and holds it in trust for its descendants. Edith Brown Weiss More than anything else, whale hunting represents the spiritual and technological preparedness of the Makah people and the wealth of the culture. Makah Tribe I. Introduction. 320 II. The Nature of the... 1997 Yes
Robert B. Porter Tribal Lawyers as Sovereignty Warriors 6-WTR Kansas Journal of Law & Public Policy Pol'y 7 (Winter, 1997) Nya-weh. Thank you for the opportunity to be here with you today. My remarks will focus on my view of Tribal Lawyers as Sovereignty Warriors. First, I am going to talk about my own personal experience in becoming a tribal lawyer. Second, I will discuss the nature of lawyering, both generally, and specifically with respect to tribal lawyering.... 1997 Yes
Honorable Ada Deer Tribal Sovereignty in the Twenty-first Century 10 St. Thomas Law Review 17 (Fall, 1997) Tribal sovereignty is a concept and a reality that is as old as the tribes themselves. That constitutes tens of thousands of years! Yet, in a mere two-year election cycle of the United States House of Representatives, there can be a significant change in whether new House members understand or choose to honor the centuries-old... 1997 Yes
Kathryn R.L. Rand , Steven A. Light Virtue or Vice? How Igra Shapes the Native American Gaming, Sovereignty, and Identity 4 Virginia Journal of Social Policy and the Law 381 (Winter 1997) The casino is not a statement of who we are, but only a means to get us to where we want to be. We had tried poverty for 200 years, so we decided to try something else. --Ray Halbritter, Nation Representative, Oneida Indian Nation of New York, and Chief Executive Officer, Oneida Indian Nation Enterpises Whether regarded as virtue or vice, gaming... 1997 Yes
Pat Hanley Warrantless Searches Native Alaskan Villages: a Permissible Exercise of Sovereign Rights or an Assault on Civil Liberties? 14 Alaska Law Review 471 (12/1/1997) This Article analyzes the legality of border searches employed by Native Alaskan villages (NAVs) to prevent the importation of alcohol into their communities. The Article first discusses the application of the search and seizure requirements of the Fourth Amendment and Indian Civil Rights Act to NAVs, finding that the recent federal recognition... 1997 Yes
Steven Paul Mcsloy Because the Bible Tells Me So: Manifest Destiny and American Indians 9 Saint Thomas Law Review 37 (Fall 1996) The conquest of the earth, which mostly means the taking it away from those who have a different complexion or slightly flatter noses than ourselves, is not a pretty thing when you look into it too much. What redeems it is the idea only. An idea at the back of it; not a sentimental pretense but an idea; and an unselfish belief in the... 1996 Yes
Alex Tallchief Skibine Braid of Feathers: Pluralism, Legitimacy, Sovereignty, and the Importance of Tribal Court Jurisprudence 96 Columbia Law Review 557 (March, 1996) In his book Braid of Feathers, Frank Pommersheim weaves a braid composed of the strands that he believes are both important and necessary to the survival of Indian tribes as distinct political and cultural institutions. The feathers in the braid making up the Indian world include: the Indian land base, the legal and political status of the tribes,... 1996 Yes
Wendy Collins Perdue Conflicts and Dependent Sovereigns: Incorporating Indian Tribes into a Conflicts Course 27 The University of Toledo Law Review 675 (Spring, 1996) SEVERAL years ago, the AALS Section on Conflict of Laws did a program on conflicts involving Native American tribal law. That program highlighted that in addition to the federal and state governments, there is a third category of governmental entity in this county, i.e., Indian Tribes, and these entities provide a fascinating arena in which to... 1996 Yes
Michael H. Imbacuan Crow Dog's Case: American Indian Sovereignty, Tribal Law, and the United States Law in the Nineteenth Century, by Sidney L. Harring. Cambridge: Cambridge University Press, 1994. Pp. Viii, 301. 22 New York University Review of Law and Social Change 728 (1996) Crow Dog's Case, by Sidney Harring, offers a social history of American Indian law. Setting his book apart from familiar legal histories which limit their focus to courts and cases, Harring articulates and implements his premise that a proper understanding of American Indian law requires an acknowledgment of and appreciation for the social and... 1996 Yes
Allen H. Sanders Damaging Indian Treaty Fisheries: a Violation of Tribal Property Rights? 17 Public Land & Resources Law Review 153 (1996) In seven decisions spanning over seventy years, the United States Supreme Court has upheld the unique value and solemn import of Indian treaty fishing rights. Uncertainty remains, however, over whether non-Indians may diminish or even destroy, with impunity, the fish that tribes have a treaty-secured right of taking. One case, pending in the Ninth... 1996 Yes
Jason D. Kolkema Federal Policy of Indian Gaming on Newly Acquired Lands and the Threat to State Sovereignty: Retaining Gubernatorial Authority over the Federal Approval of Gaming on Off-reservation Sites 73 University of Detroit Mercy Law Review 361 (Winter 1996) Indian gaming is often called the New Buffalo by many Native Americans. The industry is aptly named due to the fact that it has provided tribal nations with the first real means of maintaining an autonomous existence since the great buffalo roamed the plains centuries ago. Since 1987, Indian tribes have increasingly taken advantage of the... 1996 Yes
Richard J. Ansson, Jr. Protecting Tribal Sovereignty: Why States Should Not Be Able to Tax Contractors Hired by the Bia to Construct Reservation Projects for Tribes: Blaze Construction Co. v. New Mexico Taxation and Revenue Department: a Case Study 20 American Indian Law Review 459 (1995-1996) Felix Cohen, the eminent authority on American Indian law, wrote, One of the powers essential to the maintenance of any government is the power to levy taxes. That this power is an inherent attribute of tribal sovereignty which continues unless withdrawn or limited by treaty or by act of Congress is a proposition which has never successfully been... 1996 Yes
Vine Deloria, Jr. Reserving to Themselves: Treaties and the Powers of Indian Tribes 38 Arizona Law Review 963 (Fall, 1996) The full impact of the Reagan-Bush judicial appointments is now clear. The federal judiciary is embracing the conservative, indeed, reactionary posture of the 1890s, and as the pendulum swings even further to the right, there is a danger that Plessy v. Ferguson will once again become mainstream constitutional law. In Indian affairs the old... 1996 Yes
  Rollover Ira, Pension Plan DisTributions Exempt under Treaty 7 Journal of International Taxation 118 (March, 1996) In Ltr. Rul. 954103, a citizen of India could exclude pension and IRA rollover distributions from U.S. taxation, provided he was a resident of India under the U.S.-India treaty (2 Tax Treaties (WG&L) ¶48,100; 2 Tax Treaties (CCH) ¶4203) when the distributions were made. The taxpayer was a U.S. permanent resident employed by a U.S. corporation from... 1996 Yes
Allison M. Dussias Science, Sovereignty, and the Sacred Text: Paleontological Native American Rights 55 Maryland Law Review 84 (1996) Land is the only thing in the world that amounts to anything . . . for tis the only thing in this world that lasts. . . . Tis the only thing worth working for, worth fighting for -- worth dying for. -- Gone with the Wind You have driven away our game and our means of livelihood out of the country, until now we have nothing left that is valuable... 1996 Yes
Dan J. Schulman Seminole Tribe: Federalism, State Sovereign Immunity, and Limits on Federal Court Jurisdiction 5 Journal of Bankruptcy Law and Practice 521 (July/August, 1996) In Congress and in the Supreme Court, federalism is once again in vogue. Its ascendance raises serious questions as to the constitutional jurisdiction and powers of bankruptcy courts over states. States rights advocates won a major victory recently, in Seminole Tribe of Florida v. Florida, a 5-4 decision authored by Chief Justice Rehnquist. The... 1996 Yes
Vicki J. Limas Sovereignty as a Bar to Enforcement of Executive Order No. 11,246 in Federal Native American Tribes 26 New Mexico Law Review 257 (Spring, 1996) Native American tribes, as employers, are exempt from coverage by federal statutes prohibiting discrimination in employment. However, tribes' contracts with the federal government and their subcontracts with prime federal contractors contain antidiscrimination-in-employment clauses authorized by Executive Order No. 11,246 and others. These... 1996 Yes
L. Scott Gould The Consent Paradigm: Tribal Sovereignty at the Millennium 96 Columbia Law Review 809 (May, 1996) C1-3Table of Contents Introduction . 810 I. The Drift Toward Consent . 815 A. The Doctrine of Inherent Sovereignty . 815 1. The Marshall Trilogy and Territorial Separation . 815 2. Infringement and Preemption as the Tests of Sovereignty . 822 B. The Doctrine of Trust Responsibility . 826 1. The Scope of Congressional Power over Tribes . 826 2. The... 1996 Yes
Naomi Mezey The DisTribution of Wealth, Sovereignty, and Culture Through Indian Gaming 48 Stanford Law Review 711 (February, 1996) Gaming on Native American reservations under the Indian Gaming Regulatory Act (IGRA) has generated enormous revenues for some tribes, but also has engendered much controversy. In this note, Naomi Mezey argues that the redistributive effects of the statute, and hence a tribe's ability to benefit from the IGRA, depend on the cultural paradigm within... 1996 Yes
Brian M. Greene The Reservation Gambling Fury: Modern Indian Uprising or Unfair Restraint on Tribal Sovereignty? 10 BYU Journal of Public Law 93 (1996) In 1979 the Seminole Tribe of Florida became the first tribe in the nation to open a large-scale, high-stakes bingo operation. During the 1980s, Indian-sponsored gamblingfrom bingo parlors to Las Vegas-style casinosrapidly spread until one-third of the 330 reservations in the United States were participating. In just a little over a decade,... 1996 Yes
William H. Rodgers, Jr. The Sense of Justice and the Justice of Native Hawaiian Sovereignty and the Second "Trial of the Century" 71 Washington Law Review 379 (April, 1996) The Congress . . . apologizes to Native Hawaiians on behalf of the people of the United States for the overthrow of the Kingdom of Hawaii on January 17, 1893 with the participation of agents and citizens of the United States, and the deprivation of the rights of Native Hawaiians to self-determination . . . . In 1993, Congress apologized to the... 1996 Yes
N. Bruce Duthu The Thurgood Marshall Papers and the Quest for a Principled Theory of Tribal Sovereignty: Fueling the Fires of Tribal/state Conflict 21 Vermont Law Review 47 (Fall, 1996) C1-3TABLE OF CONTENTS Introduction 48 I. Oppositional Views of Tribal Sovereignty: The New Montana Litigation and the Montana/Brendale Legacy. 53 II. The Problem of Synthesis in the Indian Law Cases. 62 III. Deciding How to Decide the Indian Cases: The Supreme Court, the Indian Tribes, and the Papers of Justice Thurgood Marshall. 64 A.... 1996 Yes
Brian C. Lake The Unlimited Sovereign Immunity of Indian Tribal Businesses Operating Outside the Reservation: an Idea Whose Time Has Gone 1996 Columbia Business Law Review 87 (1996) In a seemingly ordinary business transaction, a distributor contracts to sell $177,000 worth of herbicides to a local agricultural company. Although the seller delivers the product as agreed, the agricultural company simply keeps the herbicides and refuses to pay the bill. When it attempts to file suit against the agricultural company in state... 1996 Yes
Christine A. Klein Treaties of Conquest: Property Rights, Indian Treaties, and the Treaty of Guadalupe Hidalgo 26 New Mexico Law Review 201 (Spring, 1996) All animals are equal But some animals are more equal than others. George Orwell The modern discourse concerning property rights has deep historical roots, for property has long been the object of heated passion, war, and conquest. Under our national lore, it is common knowledge that the United States acquired from Native American tribes some two... 1996 Yes
Richard A. Monette Treating Tribes as States under Federal Statutes in the Environmental Arena: Where Laws of Nature and Natural Law Collide 21 Vermont Law Review 111 (Fall, 1996) America's relationship with its natural environment implores the fullest understanding of American constitutionalism and law. Private property rights may be affected, individual liberties may be denied, subtle nuances of due process may be determinative, and the resulting intersovereign conflicts raise every inherent tension of federal republican... 1996 Yes
Steffani A. Cochran Treating Tribes as States under the Federal Clean Air Act: Congressional Grant of Authority-federal Preemption-inherent Tribal Authority 26 New Mexico Law Review 323 (Spring, 1996) When Congress amended the Clean Air Act (CAA or Act) in 1990, it added a new provision permitting the Environmental Protection Agency (EPA or Agency) to treat Indian tribes as States for purposes of regulating environmental air quality. The amendments broaden tribal regulatory authority over air resources within reservation boundaries and other... 1996 Yes
Seth H. Row Tribal Sovereignty and Economic Development on the Reservation 4 Georgetown Journal on Fighting Poverty 227 (Fall, 1996) Well-researched and well-documented, poverty on Indian reservations seems both inescapable and insoluble. Unemployment on Indian reservations is on average the highest for any discrete group in the United States, ranging from seventeen percent on the Jicarilla Apache Reservation in New Mexico to ninety percent on the Rosebud Reservation in South... 1996 Yes
Tracy A. Diekemper Abrogating Treaty Rights under the Dion Test: Upholding Traditional Notions That Indian Treaties Are the Supreme Law of the Land 10 Journal of Environmental Law & Litigation 473 (1995) When the Native American Indians entered into treaties with the United States in the mid-1800's, many tribes expressly reserved certain rights, such as the right to fish and hunt. For example, several of the treaties entered into in 1854-55 with the tribes in the Pacific Northwest included nearly identical provisions, guaranteeing that: The... 1995 Yes
Siegfried Wiessner American Indian Treaties and Modern International Law 7 St. Thomas Law Review 567 (Summer, 1995) One of the cardinal principles of international law, if not the rock on which it stands, is the notion that nation-states are bound to keep their word. Pacta sunt servanda has been hailed as the basic norm of the law of nations, the foundation of all prescription in an essentially coarchical, consent-based and consent-driven system. The... 1995 Yes
  Arbitration Clause Ruled a Waiver of Tribal Sovereign Immunity 50-SEP Dispute Resolution Journal 89 (July/September, 1995) A provision calling for arbitration of disputes under the contract in accordance with AAA rules was a clear expression of intent to waive tribal sovereign immunity with respect to contract, but not tort, claims, the U.S. Court of Appeals for the Eighth Circuit ruled. The dispute arose out of a $6.3 million construction contract between the Rosebud... 1995 Yes
Brad Asher Blue Clark, Lone Wolf v. Hitchcock: Treaty Rights and the Indian Law at the End of the Nineteenth Century. Lincoln: University of Nebraska Press, 1994. Xiii, 182 Pp. $37.50. 39 American Journal of Legal History 394 (July, 1995) In 1903, in the case of Lone Wolf v. Hitchcock, the Supreme Court upheld Congress's plenary power over Indian tribes and sanctioned congressionally authorized seizures of Indian lands without consent of the Indians involved and despite treaty guarantees. Blue Clark places the Lone Wolf decision in its specific historical contextthe Kiowa Indians'... 1995 Yes
Angela R. Hoeft Coming Full Circle: American Indian Treaty Litigation from an International Human Rights Perspective 14 Law & Inequality: A Journal of Theory and Practice 203 (December, 1995) L1-2Table of Contents Introduction. 204 I. From Sovereignty to Self-Determination. 209 A. The American Story. 209 1. Tribal Sovereignty: A Judicial Doctrine. 209 2. Tribal Self-Determination: A Federal Policy. 215 B. The International Story. 219 1. Self-Determination: From a Right of Nations to a Human Right 219 2. Self-Determination: A Right of... 1995 Yes
Laurie Reynolds Exhaustion of Tribal Remedies: Extolling Tribal Sovereignty While Expanding Federal Jurisdiction 73 North Carolina Law Review 1089 (March, 1995) In recent years, the importance of Indian tribal courts as an independent legal forum has increased significantly. As the cases brought in tribal courts have grown in both number and complexity, however, new questions regarding the proper jurisdictional boundaries among tribal, state, and federal courts have reached the forefront in Native American... 1995 Yes
Lauralyn Brown Federal Courts--Indians: Can Congress Constitutionally Abrogate States' Eleventh Amendment Sovereign Immunity from Suits Initiated by Indian Tribes? 71 North Dakota Law Review 601 (1995) This Eleventh Circuit decision represents a consolidation of two separate district court decisions which reached opposite conclusions on the same issue. In the Florida case, Seminole Tribe of Florida v. Florida, the Tribe filed a complaint alleging that the state did not respond to the tribe's request for compact negotiations as required by the... 1995 Yes
By Mary Christina Wood Fulfilling the Executive's Trust Responsibility Toward Native Nations on Environmental Issues: a Partial Critique of the Clinton Administration's Promises and Performance 25 Environmental Law 733 (Summer 1995) This Article provides a partial critique of the Clinton Administration's emerging policies to accommodate native interests in the implementation of environmental and natural resource laws. It focuses on the Administration's implementation of the Endangered Species Act in the Columbia River Basin as a case study to illustrate the need for... 1995 Yes
Krista L. Twesme Let the Games Begin: Proposed Amendment to Indian Gaming Regulation Act Limiting Native American Tribes' Sovereign Immunity 17 Hamline Journal of Public Law and Policy 187 (Fall, 1995) The notion that Native American tribes should be treated as sovereign nations within the United States was explored and developed by Chief Justice John Marshall in what has since been dubbed the Marshall Trilogy. The importance of the Marshall Trilogy has not waned over the years; to the contrary, modern cases continue to cite language from these... 1995 Yes
Judith Resnik Multiple Sovereignties: Indian Tribes, States, and the Federal Government 79 Judicature 118 (November-December 1995) Although often unrecognized, three entities within the territory that constitutes the United States--Indian tribes, states, and the federal government--have forms of sovereignty. The rich and complex relationships among these three sovereignties need to become integrated into the discussion and law of federalism. Federal law about Indian tribes... 1995 Yes
C.E. Willoughby Native American Sovereignty Takes a Back Seat to the "Pig in the Parlor:" the Redefining of Tribal Sovereignty in Traditional Property Law Terms 19 Southern Illinois University Law Journal 593 (Spring, 1995) As stated by the late scholar of Native American law, Felix S. Cohen, the fight for tribal sovereignty is of central importance to us all: Our interest in Indian self-government today is not the interest of sentimentalists or antiquarians. We have a vital concern with Indian self-government because the Indian is to America what the Jew was to the... 1995 Yes
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