Indigenous, Indian, and Aboriginal Law Commons^™

Chickasaw Nation: Interpreting A Broken Statute, Erik M. Jensen

Faculty Publications

This report discusses the Supreme Court's 2001 decision in Chickasaw Nation v. United States, in which the Supreme Court interpreted a provision of the Indian Gaming Regulatory Act that contained contradictory phrases - one suggesting that Indian tribes were exempt from some occupational and excise taxes and one suggesting the contrary. The statute on its face made no sense, and the legislative history was of little help in resolving the ambiguity. Although the statute was clearly broken, the Court concluded that no ambiguity existed and that Congress did not intend to exempt tribes from those various wagering taxes. The author …

American Indian Tribes And Secession, Erik M. Jensen

Faculty Publications

Critics of American Indian law have often complained about federal interference in the internal affairs of American Indian nations. The author ponders how independent the critics really want American Indian nations to be and whether secession theory might help us think about the theory and practice of really independent American Indian nations.

Monroe G. Mckay And American Indian Law: In Honor Of Judge Mckay’S Tenth Anniversary On The Federal Bench, Erik M. Jensen

Faculty Publications

This essay, written in honor of Judge Monroe G. McKay's tenth anniversary as a member of the United States Court of Appeals for the Tenth Circuit, considers the difficulty of justifying a separatist policy for the American Indian; examines the opinions authored by Judge McKay in American Indian law cases; and discusses the McKay opinions and the issue of separation.

Constitutional Shadows: The Missing Narrative In Indian Law, Frank Pommersheim

Faculty Publications

No abstract provided.

Property Rights And Sacred Sites: Federal Regulatory Responses To American Indian Religious Claims On Public Land, Marcia A. Yablon-Zug

Faculty Publications

No abstract provided.

Tribal Courts And Federal Courts: A Very Preliminary Set Of Notes For Federal Courts Teachers, Frank Pommersheim

Faculty Publications

No abstract provided.

Doing Business In Indian Country: Introduction To American Indian Law Concepts Affecting Taxation, Erik M. Jensen

Faculty Publications

This article describes some of the issues that will affect whether national, state, and tribal governments can tax investors who do business, or who invest in doing business, within Indian country (a term generally meaning American Indian reservations, although it can be broader than that).

Absent treaty language or express statutory language to the contrary, tribal members are subject to federal taxes of general application, such as the income tax. The Internal Revenue Code does contain some specific provisions exempting certain sorts of income, such as that from fishing-rights related activities, from taxation. In general, nonmembers of a tribe who …

A Review Of South Dakota Criminal Justice: A Study Of Racial Disparities By Richard Braunstein And Steve Feimer, Frank Pommersheim, Elsie Meeks

Faculty Publications

No abstract provided.

Indian Tribal Courts, Frank Pommersheim

Faculty Publications

No abstract provided.

Deadliest Enemies: Law And The Making Of Race Relations On And Off Rosebud Reservation By Thomas Biolsi (Book Review), Frank Pommersheim

Faculty Publications

No abstract provided.

Lone Wolf V. Hitchcock: A Little Haiku Essay On A Missed Constitutional Moment, Frank Pommersheim

Faculty Publications

No abstract provided.

Toward A Great Sioux Nation Judicial Support Center And Supreme Court: An Interim Planning And Recommendation Report For The Wakpa Sica Historical Society’S Reconciliation Place Project, Frank Pommersheim, John Lavelle

Faculty Publications

No abstract provided.

Is There A Little (Or Not So Little) Constitutional Crisis Developing In Indian Law?, Frank Pommersheim

Faculty Publications

No abstract provided.

Looking Forward And Looking Back: The Promise And Potential Of A Sioux Nation Judicial Support Center And Sioux Nation Supreme Court, Frank Pommersheim

Faculty Publications

No abstract provided.

Panel Ii: Natural Resources, Economics, And The Environment: Global Issues Facing Native Communities [Panel Discussion], Frank Pommersheim

Faculty Publications

No abstract provided.

History And Interpretation Of The Great Case Of Johnson V. M'Intosh, Eric Kades

Faculty Publications

No abstract provided.

"Our Federalism" In The Context Of Federal Courts And Tribal Courts: An Open Letter To The Federal Courts’ Teaching And Scholarly Community, Frank Pommersheim

Faculty Publications

No abstract provided.

The Dark Side Of Efficiency: Johnson V. M'Intosh And The Expropriation Of Amerindian Lands, Eric Kades

Faculty Publications

No abstract provided.

The Continuing Vitality Of Tribal Sovereignty Under The Constitution, Erik M. Jensen

Faculty Publications

This article discusses James A. Porres III's essay, The Constitution of the United States Applies to Indian Tribes.

Coyote Paradox: Some Indian Law Reflections From The Edge Of The Prairie, Frank Pommersheim

Faculty Publications

No abstract provided.

American Indian Law Meets The Internal Revenue Code: Warbus V. Commissioner, Erik M. Jensen

Faculty Publications

This article examines a 1998 Tax Court decision, Warbus v. Commissioner, that has implications for both American Indian law and federal tax law. Section 7873 of the Internal Revenue Code exempts from taxation amounts derived by American Indian tribal members from fishing-rights related activit[ies] of their tribes. Taxpayer Warbus claimed that discharge of indebtedness income from the foreclosure of his fishing boat qualified for the exclusion; the Tax Court said no. The author argues that Warbus was wrongly decided for two reasons: the court failed to take account of basic principles of American Indian law, and the court misapplied the …

Indian Nations On The Eve Of The 21st Century (Panel Discussion), Frank Pommersheim

Faculty Publications

No abstract provided.

Representing Native People And Indian Tribes: A Response To Professor Allegretti, Frank Pommersheim

Faculty Publications

No abstract provided.

History Of Tribal Courts, Frank Pommersheim

Faculty Publications

No abstract provided.

Tribal Courts And The Federal Judiciary: Opportunities And Challenges For A Constitutional Democracy, Frank Pommersheim

Faculty Publications

No abstract provided.

Democracy, Citizenship, And Indian Law Literacy: Some Initial Thoughts, Frank Pommersheim

Faculty Publications

No abstract provided.

What Must Be Done To Achieve The Vision Of The Twenty-First Century Tribal Judiciary, Frank Pommersheim

Faculty Publications

No abstract provided.

"I Fought The Law And The Law Won": A Report On Women And Disparate Sentencing In South Dakota, Frank Pommersheim, Christine Hutton, Steve Feimer

Faculty Publications

No abstract provided.

Tribal Court Jurisprudence: A Snapshot From The Field, Frank Pommersheim

Faculty Publications

No abstract provided.

Tribal Courts: Constitutional Decision Making And An Opportunity For Transformation, Frank Pommersheim

Faculty Publications

No abstract provided.