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Articles 1 - 28 of 28
Full-Text Articles in Law
Tribal Sovereignty And Economic Efficiency Versus The Courts, Robert J. Miller
Tribal Sovereignty And Economic Efficiency Versus The Courts, Robert J. Miller
Washington Law Review
American Indian reservations are the poorest parts of the United States, and a higher percentage of Indian families across the country live below the poverty line than any other ethnic or racial sector. Indian nations and Indian peoples also suffer from the highest unemployment rates in the country and have the highest substandard housing rates. The vast majority of the over three hundred Indian reservations and the Alaska Native villages do not have functioning economies. This lack of economic activity starves tribal governments of the tax revenues that governments need to function. In response, Indian nations create and operate business …
The Belloni Decision: A Foundation For The Northwest Fisheries Cases, The National Tribal Sovereignty Movement, And An Understanding Of The Rule Of Law, Charles Wilkinson
The Belloni Decision: A Foundation For The Northwest Fisheries Cases, The National Tribal Sovereignty Movement, And An Understanding Of The Rule Of Law, Charles Wilkinson
Publications
Judge Belloni’s decision in United States v. Oregon, handed down a half-century ago, has been given short shrift by lawyers, historians, and other commentators on the modern revival of Indian treaty fishing rights in the Pacific Northwest. The overwhelming amount of attention has been given to Judge Boldt’s subsequent decision in United States v. Washington and the Passenger Vessel ruling by the Supreme Court affirming Judge Boldt. I’m one who has been guilty of that.
We now can see that United States v. Oregon was the breakthrough. In those early days, Judge Belloni showed deep understanding of the two …
Lewis V. Clarke, Summer L. Carmack
Lewis V. Clarke, Summer L. Carmack
Public Land & Resources Law Review
One manner in which Indian tribes exercise their inherent sovereignty is by asserting sovereign immunity. In Lewis v. Clarke, the Court decided that the sovereign immunity extended to instrumentalities of tribes did not further extend to tribal employees acting within the scope of their employment. The Court acknowledged the concerns of the lower court, namely, the possibility of setting a precedent allowing future plaintiffs to sidestep a tribe’s sovereign immunity by suing a tribal employee in his individual capacity. However, the Supreme Court ultimately felt that the immunity of tribal employees should not exceed the immunity extended to state …
Law, Violence, And The Neurotic Structure Of American Indian Law, Sarah Krakoff
Law, Violence, And The Neurotic Structure Of American Indian Law, Sarah Krakoff
Publications
No abstract provided.
Never Construed To Their Prejudice: In Honor Of David Getches, Richard B. Collins
Never Construed To Their Prejudice: In Honor Of David Getches, Richard B. Collins
Publications
This article reviews and analyzes the judicial canons of construction for Native American treaties and statutes. It discusses their theoretical justifications and practical applications. It concludes that the treaty canon has ready support in contract law and the law of treaty interpretation. Justification of the statutory canon is more challenging and could be strengthened by attention to the democratic deficit when Congress imposes laws on Indian country. Applications of the canons have mattered in disputes between Indian nations and private or state interests. They have made much less difference, and have suffered major failings, in disputes with the federal government. …
Formalism And Judicial Supremacy In Federal Indian Law, Alex Tallchief Skibine
Formalism And Judicial Supremacy In Federal Indian Law, Alex Tallchief Skibine
American Indian Law Review
No abstract provided.
The Virtues And Vices Of Sovereignty, Sarah Krakoff
The Virtues And Vices Of Sovereignty, Sarah Krakoff
Publications
American Indian tribal sovereignty is viewed very differently in the United States Supreme Court than it is in American Indian tribal nations. The United States Supreme Court, the progenitor of the legal doctrine of tribal sovereignty, appears skeptical of the doctrine's continuing viability. The Court is therefore veering away from any strong notion of retained inherent tribal sovereignty. American Indian tribes, the sources and perpetuators of de facto tribal sovereignty, are more committed than ever to enacting their sovereignty on the ground, as well as promoting and protecting its legal status in the courts and in Congress. There is an …
The Renaissance Of Tribal Sovereignty, The Negative Doctrinal Feedback Loop, And The Rise Of A New Exceptionalism, Sarah Krakoff
The Renaissance Of Tribal Sovereignty, The Negative Doctrinal Feedback Loop, And The Rise Of A New Exceptionalism, Sarah Krakoff
Publications
No abstract provided.
Giving Up The "I": How The National Museum Of The American Indian Appropriated Tribal Voices, Whitney Kerr
Giving Up The "I": How The National Museum Of The American Indian Appropriated Tribal Voices, Whitney Kerr
American Indian Law Review
No abstract provided.
The Potential Passage Of Proposed Senate Bill 578 And Its Implication On Hicks V. Nevada And Twenty Years Of Supreme Court Jurisprudence, Richard L. Warren
The Potential Passage Of Proposed Senate Bill 578 And Its Implication On Hicks V. Nevada And Twenty Years Of Supreme Court Jurisprudence, Richard L. Warren
American Indian Law Review
No abstract provided.
City Of Sherrill V. Oneida Indian Nation Of New York: A Regretful Postscript To The Taxation Chapter In Cohen's Handbook Of Federal Indian Law, Sarah Krakoff
Publications
No abstract provided.
Recovering Homelands, Governance, And Lifeways: A Book Review Of Blood Struggle: The Rise Of Modern Indian Nations, Kristen A. Carpenter
Recovering Homelands, Governance, And Lifeways: A Book Review Of Blood Struggle: The Rise Of Modern Indian Nations, Kristen A. Carpenter
Publications
No abstract provided.
Colonizing The Last Frontier, David J. Bloch
Colonizing The Last Frontier, David J. Bloch
American Indian Law Review
In Aboriginal Rights and Judicial Wrongs: The Colonization of the Last Frontier, I examine a recent sea-change in federal Indian law that has escaped the notice of scholars. In the light of the divestiture of tribal sovereignty characterizing recent Supreme Court decisions, my article interrogates a contemporary case that rejects the property principle underlying all of federal Indian law itself in favor of a conception of aboriginal title never before countenanced in the United States and long discredited elsewhere. My analysis argues that this new conception traduces 175 years of American precedent and violates international law. I also contend that …
Western Justice, Richard B. Collins
The Exhausted Doctrine, Letitia Ness
The De Facto Termination Of Alaska Native Sovereignty: An Anomaly In An Era Of Self-Determination, Benjamin W. Thompson
The De Facto Termination Of Alaska Native Sovereignty: An Anomaly In An Era Of Self-Determination, Benjamin W. Thompson
American Indian Law Review
No abstract provided.
Undoing Indian Law One Case At A Time: Judicial Minimalism And Tribal Sovereignty, Sarah Krakoff
Undoing Indian Law One Case At A Time: Judicial Minimalism And Tribal Sovereignty, Sarah Krakoff
Publications
No abstract provided.
Beyond Indian Law: The Rehnquist Court’S Pursuit Of States’ Rights, Color-Blind Justice And Mainstream Values, David H. Getches
Beyond Indian Law: The Rehnquist Court’S Pursuit Of States’ Rights, Color-Blind Justice And Mainstream Values, David H. Getches
Publications
No abstract provided.
Indians: Modern Tribal Jurisdiction Over Non-Indian Parties: The Supreme Court Takes Another Bite Out Of Tribal Sovereignty In Strate V. A-1 Contractors, Aaron S. Duck
Oklahoma Law Review
No abstract provided.
Indian Law In The United States Supreme Court - Experiences In The 1980s And Predictions For The 1990s, Reid Peyton Chambers
Indian Law In The United States Supreme Court - Experiences In The 1980s And Predictions For The 1990s, Reid Peyton Chambers
American Indian Law Review
No abstract provided.
Tribal Court General Civil Jurisdiction Over Actions Between Non-Indian Plaintiffs And Defendants: Strate V. A-1 Contractors, Jamelle King
Tribal Court General Civil Jurisdiction Over Actions Between Non-Indian Plaintiffs And Defendants: Strate V. A-1 Contractors, Jamelle King
American Indian Law Review
No abstract provided.
Conquering The Cultural Frontier: The New Subjectivism Of The Supreme Court In Indian Law, David H. Getches
Conquering The Cultural Frontier: The New Subjectivism Of The Supreme Court In Indian Law, David H. Getches
Publications
For a century and a half, the Supreme Court was faithful to a set of foundation principles respecting Indian tribal sovereignty. Though the United States can abrogate tribal powers and rights, it can only do so by legislation. Accordingly, the Court has protected reservations as enclaves for Indian self-government, preventing states from enforcing their laws and taxes, and holding that even federal laws could not be applied to Indians without congressional permission. Recently, however, the Court has assumed the job it formerly conceded to Congress, considering and weighing cases to reach results comporting with the Justices' subjective notions of what …
The Flathead Water Quality Standards Dispute: Legal Bases For Tribal Regulatory Authority Over Non-Indian Reservation Lands, Daniel I.S.J. Rey-Bear
The Flathead Water Quality Standards Dispute: Legal Bases For Tribal Regulatory Authority Over Non-Indian Reservation Lands, Daniel I.S.J. Rey-Bear
American Indian Law Review
No abstract provided.
Indian Consent To American Government, Richard B. Collins
Indian Consent To American Government, Richard B. Collins
Publications
No abstract provided.
The Quest To Enforce The Old Promises: Indian Law In The Modern Era, Charles Wilkinson
The Quest To Enforce The Old Promises: Indian Law In The Modern Era, Charles Wilkinson
Publications
No abstract provided.
Tribal Sovereignty: An Analysis Of Montana V. United States, S. J. Bloxham
Tribal Sovereignty: An Analysis Of Montana V. United States, S. J. Bloxham
American Indian Law Review
No abstract provided.
The Supreme Court, Tribal Sovereignty, And Continuing Problems Of State Encroachment Into Indian Country, Clifford M. Lytle
The Supreme Court, Tribal Sovereignty, And Continuing Problems Of State Encroachment Into Indian Country, Clifford M. Lytle
American Indian Law Review
No abstract provided.
Implied Limitations On The Jurisdiction Of Indian Tribes, Richard B. Collins
Implied Limitations On The Jurisdiction Of Indian Tribes, Richard B. Collins
Publications
No abstract provided.