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A Tribe Divided: The Threat Of The Loss Of Tribal Autonomy And Culture Facing Transnational Tribes On The Northern And Southern Borders Of The United States, Jacob Moeller Nov 2021

A Tribe Divided: The Threat Of The Loss Of Tribal Autonomy And Culture Facing Transnational Tribes On The Northern And Southern Borders Of The United States, Jacob Moeller

Vanderbilt Journal of Transnational Law

Indigenous peoples in the northern and southwestern regions of the United States face challenges to the preservation of their cultures, economies, governments, and family relations as a result of the international borders that have bisected their traditional lands. While there is a history of treatymaking and governmental policy attempting to address these issues, the lack of an effective solution and concrete. border policy for tribe members in these regions leaves them without recourse. Some scholars suggest universal US citizenship for tribe members, others suggest tribe-specific legislation, and some even suggest that the tribes pursue litigation against the United States to …


Reviewing St. Regis: Unresolved Issues At The Intersection Of Tribal Sovereign Immunity And Patent Law, Lucas Paez Jan 2019

Reviewing St. Regis: Unresolved Issues At The Intersection Of Tribal Sovereign Immunity And Patent Law, Lucas Paez

Vanderbilt Journal of Entertainment & Technology Law

In July 2018, the Federal Circuit ruled that sovereign immunity does not circumvent an inter partes review brought by the Patent Trial and Appeal Board. By deciding against the tribe in Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals ("St. Regis"), the court determined that inter partes reviews are adjudicatory proceedings brought by the United States Patent and Trademark Office, and not an action brought by a private party. This ruling was the second significant ruling regarding inter partes reviews of the year, the first being the Supreme Court holding that inter partes reviews are constitutional. While the specific matter in …


Indigenous Sovereignty: A Reassessment In Light Of The Un Declaration On The Rights Of Indigenous Peoples, Siegfried Wiessner Jan 2008

Indigenous Sovereignty: A Reassessment In Light Of The Un Declaration On The Rights Of Indigenous Peoples, Siegfried Wiessner

Vanderbilt Journal of Transnational Law

This Article explores the concept of "indigenous sovereignty" against the backdrop of the resurgence of indigenous peoples as actors in international and domestic law and policy. The Author starts with the traditional Western notion of sovereignty and its dynamization via the principle of self-determination, cabined by the exclusionary concepts of "terra nullius" and "uti possidetis." The next Part delineates the global indigenous renascence occurring since the 1970s and the resulting state practice that has led to treaties and to the development of customary international law in the field. The Article proceeds to analyze the scope and legal effect of the …


Feds 200, Indians ): The Burden Of Proof In The Federal / Indian Fiduciary Relationship, Eugenia A. Phipps Oct 2000

Feds 200, Indians ): The Burden Of Proof In The Federal / Indian Fiduciary Relationship, Eugenia A. Phipps

Vanderbilt Law Review

"Great nations, like great men, should keep their word."' Justice Black, in his dissent in Federal Power Commission v. Tuscarora Indian Nation, encapsulated the failures of two centuries of the United States' relationship with its native Indians. Since establishing the first tentative treaties of the Revolutionary era, the United States has made many broad promises to the Indians. These promises, detailed first in treaties and later in statutes, drew the government and the Indians into a fiduciary relationship. Although this relationship would have consequences for federal/Indian interactions, raising the level of care with which the government would treat its native …


Negotiation And Native Title: Why Common Law Courts Are Not Proper Fora For Determining Native Land Title Issues, Geoffrey R. Schiveley Jan 2000

Negotiation And Native Title: Why Common Law Courts Are Not Proper Fora For Determining Native Land Title Issues, Geoffrey R. Schiveley

Vanderbilt Journal of Transnational Law

The displacement of indigenous populations is an obvious but often-overlooked consequence of worldwide European colonization. Until relatively recently, the rights of these groups have consistently been held to lower standards of protection than those of their colonizing counterparts, partly through the use of doctrines such as terra nullius. While earlier decades established the groundwork for recognition of these rights, in the 1990s native rights issues became of greater importance to both the international community and individual nations. Some of this heightened interest can be attributed to a series of high-profile common law court cases that provided native populations with favorable …


The Legend Of "Crow Dog:" An Examination Of Jurisdiction Over Intra-Tribal Crimes Not Covered By The Major Crimes Act, James W. King Oct 1999

The Legend Of "Crow Dog:" An Examination Of Jurisdiction Over Intra-Tribal Crimes Not Covered By The Major Crimes Act, James W. King

Vanderbilt Law Review

Native American tribes present unique problems to American jurisprudence and governance. Unquestionably subject to federal control on some levels, they have maintained the "inherent powers of a limited sovereignty" over internal affairs.' While both the Supreme Court and Congress have recognized this sovereignty, specific Congressional mandate can abrogate it at any time. This Note addresses the question of whether Congress has mandated federal jurisdiction over all serious crimes committed by Indians against other Indians on tribal land.

The story is long and complicated, with its beginnings in the 1883 Supreme Court case Ex parte Crow Dog, in which the Court …


Roundtable Discussion, Edgar J. Asebey, Jonathan I. Charney, Christopher C. Joyner, Lee A. Kimball, Catherine Tinker Jan 1995

Roundtable Discussion, Edgar J. Asebey, Jonathan I. Charney, Christopher C. Joyner, Lee A. Kimball, Catherine Tinker

Vanderbilt Journal of Transnational Law

Mr. Asebey: I agree with Professor Tinker absolutely about indigenous rights. But one thing we did not focus on very much, and I think is one of the most important aspects of conservation, is not how many species are or are not lost, and what the satisfactorily verifiable data establishes. If you go to Latin American and other developing countries, the people closest to biodiversity are the people who are most impacted by deforestation and some other destructive uses. These people who depend on the forest or the biosystems for their living, for their survival, they are being displaced all …


Two Sides Of The Same Coin: The Potential Normative Power Of American Cities And Indian Tribes, Kevin J. Worthen Nov 1991

Two Sides Of The Same Coin: The Potential Normative Power Of American Cities And Indian Tribes, Kevin J. Worthen

Vanderbilt Law Review

People do not normally associate cities with Indian reservations.The mental images typically conjured by each term are radically different. For most people, "city" evokes visions of skyscrapers, streets teeming with traffic, and bustling crowds. "Indian reservation," on the other hand, brings to mind pictures of solitude, rugged nature, and large empty spaces.

Perhaps for that reason, few think of city governments' and tribal governments in similar terms. The two entities usually are oblivious of one another. When they are introduced, it is often as adversaries in a legal battle concerning the right to govern some rural western community.

Yet, the …


Customary Law In Namibia: What Should Be Done?, Lynn Berat, Robert J. Gordon Jan 1991

Customary Law In Namibia: What Should Be Done?, Lynn Berat, Robert J. Gordon

Vanderbilt Journal of Transnational Law

In this Article, the authors discuss Namibia's dual legal system, inherited from the previous South African regime, in light of the new government's goal of national reconciliation. After a brief introduction, the authors in Part II address customary law on a theoretical level. They point out that the customary law emerging in Namibia during the colonial era was not a reflection of a true communal tradition, but rather was a tool used to control resources and to redistribute power.

In Part III, the authors review the history of the colonial system in Namibia. The German colonial authorities divided Namibia into …


Contemporary Efforts To Guarantee Indigenous Rights Under International Law, Andre Lawrey Jan 1990

Contemporary Efforts To Guarantee Indigenous Rights Under International Law, Andre Lawrey

Vanderbilt Journal of Transnational Law

This Article examines recent attempts to improve international standards governing the rights of indigenous peoples. In this context, Ms. Lawrey analyzes the Australian Government's 1988 commitment to negotiate a treaty with Australia's Aboriginal and Torres Strait Islander peoples.

Ms. Lawrey discusses the strained relationship between international law and indigenous peoples. At present, indigenous groups are not guaranteed special rights under international law. Furthermore, traditional individual rights are inadequate to effectively protect indigenous land rights and the right to self-determination. Ms. Lawrey identifies developments in indigenous rights since World War II, including International Labor Organization Convention Number 107 (Convention 107) and …