Journal articles: 'Federal Indian law'

1

Akhtar, Zia. "Federal Law and Indian Rights." International Journal of Human Rights 12, no. 2 (April 2008): 297–301. http://dx.doi.org/10.1080/13642980801899832.

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Frickey, Philip P., and William C. Canby. "Scholarship, Pedagogy, and Federal Indian Law." Michigan Law Review 87, no. 6 (May 1989): 1199. http://dx.doi.org/10.2307/1289243.

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Larson, Sidner J. "Making Sense of Federal Indian Law." Wicazo Sa Review 20, no. 1 (2005): 9–21. http://dx.doi.org/10.1353/wic.2005.0010.

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Johnson, Marilyn F., and Mark S. Johnson. "Federal Tax Law Trumps Indian Canon." Cornell Hospitality Quarterly 57, no. 4 (July 10, 2016): 434–41. http://dx.doi.org/10.1177/1938965516631640.

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Frickey, Philip P., and Frank Pommersheim. "Context and Legitimacy in Federal Indian Law." Michigan Law Review 94, no. 6 (May 1996): 1973. http://dx.doi.org/10.2307/1289978.

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Greenwald, Emily. "Uneven Ground: American Indian Sovereignty and Federal Law." Public Historian 26, no. 3 (2004): 90–91. http://dx.doi.org/10.1525/tph.2004.26.3.90.

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Asher, Brad, David E. Wilkins, and K. Tsianina Lomawaima. "Uneven Ground: American Indian Sovereignty and Federal Law." Western Historical Quarterly 34, no. 1 (April 1, 2003): 77. http://dx.doi.org/10.2307/25047214.

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Cobb, D. M. "Uneven Ground: American Indian Sovereignty and Federal Law." Ethnohistory 51, no. 3 (July 1, 2004): 658–60. http://dx.doi.org/10.1215/00141801-51-3-658.

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Hoss, Aila. "Federal Indian Law as a Structural Determinant of Health." Journal of Law, Medicine & Ethics 47, S4 (2019): 34–42. http://dx.doi.org/10.1177/1073110519898041.

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Federal Indian law is the body of law that defines the rights, responsibilities, and relationships between three sovereigns, Tribes, states, and the federal government. This area of law has defined, oftentimes poorly, the contours of treaty rights, criminal and civil jurisdiction, economic development, among other issues. Much has been documented in terms of the implications of social, legal, political, and economic systems that perpetuate inequities amongst American Indian and Alaska Native populations. There has also been substantial research on health inequalities. Yet, there has been less discussion on the role of law in perpetuating these adverse health outcomes in these populations. The social and structural determinants of health are the factors and conditions, such as housing, education, and politics, that create health disparities. For years, law has been described as a tool to promote health and even a determinant of health. And while research has explored Tribal health laws and federal Indian health policies, more needs to be analyzed in terms of the role of foundational principles of federal Indian law in perpetuating health disparities. This article argues that federal Indian law is a structural determinant of health by linking health disparities to the constructs of this body of law.

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Crepelle, Adam. "White Tape and Indian Wards: Removing the Federal Bureaucracy to Empower Tribal Economies and Self-Government." University of Michigan Journal of Law Reform, no. 54.3 (2021): 563. http://dx.doi.org/10.36646/mjlr.54.3.white.

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American Indians have the highest poverty rate in the United States, and dire poverty ensnares many reservations. With no private sector and abysmal infrastructure, reservations are frequently likened to third-world countries. Present-day Indian poverty is a direct consequence of present-day federal Indian law and policy. Two-hundred-year-old laws premised on Indian incompetency remain a part of the U.S. legal system; accordingly, Indian country is bound by heaps of federal regulations that apply nowhere else in the United States. The federal regulatory structure impedes tribal economic development and prevents tribes from controlling their own resources. This Article asserts the federal regulatory “white tape” is unconstitutional. By focusing on restraints upon trust land and Indian trader laws, this Article demonstrates that contemporary federal regulations impeding tribal economic development are based upon flagrantly racist ideas. This Article explores the unique relationship between Indians and the Constitution and concludes that restrictions on tribal trust land and Indian trader laws should be subjected to strict scrutiny rather than the usual rational basis review applied to legislation relating to Indians. These regulations cannot survive strict scrutiny. Once tribes are liberated from these antiquated regulations, this Article proposes that tribes be able to craft their own land use and economic policies without federal approval.

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Stidham, Ronald. "Indian rights and law before the federal district courts." Social Science Journal 32, no. 1 (March 1, 1995): 87–100. http://dx.doi.org/10.1016/0362-3319(95)90021-7.

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Biestman, Karen, David H. Getches, Daniel M. Rosenfelt, and Charles F. Wilkinson. "1983 Supplement to Federal Indian Law: Cases and Materials." American Indian Quarterly 10, no. 3 (1986): 232. http://dx.doi.org/10.2307/1184124.

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Boast, Richard P. "Felix Cohen and the Spanish Moment in Federal Indian Law: A Study in Law, Politics and Historiography." Victoria University of Wellington Law Review 39, no. 3 (November 3, 2008): 419. http://dx.doi.org/10.26686/vuwlr.v39i3.5470.

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One of the best-known discussions of the historical foundations of native title law is Felix Cohen's famous paper on the Spanish Origins of Federal Indian Law, published originally in 1942 and since then reprinted many times.This article cites Cohen's paper in its political and historiographical context, paying particular attention to Cohen's role as one of the architects of the Indian Reorganisation Act of 1934, and considering also shifts in American historiography and legal writing relating to the Spanish legacy as exemplified by legal historians such as James Brown Scott and historians such as H E Bolton. This article also considers fully Cohen's analysis of the precise ways in which Spanish law penetrated the legal framework of Federal Indian Law in the United States and concludes that, as a historical discussion, Cohen's work is in need of substantial revision. In particular Cohen's arguments that Spanish law influenced federal Indian law via international law and by means of judicial consideration of old Spanish land claims seem difficult to sustain.

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Resnik, Judith. "Dependent Sovereigns: Indian Tribes, States, and the Federal Courts." University of Chicago Law Review 56, no. 2 (1989): 671. http://dx.doi.org/10.2307/1599849.

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15

Hagan, William T., Petra T. Shattuck, and Jill Norgren. "Partial Justice: Federal Indian Law in a Liberal Constitutional System." Journal of American History 79, no. 4 (March 1993): 1606. http://dx.doi.org/10.2307/2080263.

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Hoxie, Frederick E., Petra T. Shattuck, and Jill Norgren. "Partial Justice: Federal Indian Law in a Liberal Constitutional System." American Journal of Legal History 37, no. 3 (July 1993): 383. http://dx.doi.org/10.2307/845674.

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Lynch, Robert N., Petra T. Shattuck, and Jill Norgen. "Partial Justice: Federal Indian Law in a Liberal Constitutional System." American Indian Quarterly 18, no. 3 (1994): 412. http://dx.doi.org/10.2307/1184750.

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18

Neustater, Evan. "Litigating for the Homeland: An Indian Treaty Framework to Climate Litigation in the Wake of Juliana." Michigan Journal of Environmental & Administrative Law, no. 10.1 (2021): 303. http://dx.doi.org/10.36640/mjeal.10.1.litigating.

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Climate change is an increasingly pressing issue on the world stage. The federal government, however, has largely declined to address any problems stemming from the effects of climate change, and litigation attempting to force the federal government to take action, as highlighted by Juliana v. United States, has largely failed. This Note presents the case for a class of plaintiffs more likely to succeed than youth plaintiffs in Juliana—federally recognized Indian tribes. Treaties between the United States and Indian nations are independent substantive sources of law that create enforceable obligations on the federal government. The United States maintains a trust relationship with federal Indian tribes, and that relationship obliges a duty of protection upon the federal government. This Note argues that those obligations may support climate change claims under the theory that the government, by failing to address climate change, has failed its duty of protection under its treaties.

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19

Frickey, Philip P. "Adjudication and Its Discontents: Coherence and Conciliation in Federal Indian Law." Harvard Law Review 110, no. 8 (June 1997): 1754. http://dx.doi.org/10.2307/1342043.

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20

Frickey, Philip P. "Congressional Intent, Practical Reasoning, and the Dynamic Nature of Federal Indian Law." California Law Review 78, no. 5 (October 1990): 1137. http://dx.doi.org/10.2307/3480746.

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21

Williams, David. "Legitimation and Statutory Interpretation: Conquest, Consent, and Community in Federal Indian Law." Virginia Law Review 80, no. 2 (March 1994): 403. http://dx.doi.org/10.2307/1073527.

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Frickey, Philip P. "Marshalling Past and Present: Colonialism, Constitutionalism, and Interpretation in Federal Indian Law." Harvard Law Review 107, no. 2 (December 1993): 381. http://dx.doi.org/10.2307/1341778.

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23

Russell, Steve. "Making Peace with Crow Dog's Ghost: Racialized Prosecution in Federal Indian Law." Wicazo Sa Review 21, no. 1 (2006): 61–76. http://dx.doi.org/10.1353/wic.2006.0010.

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Habermacher, Adrien. "“Felix Cohen Was the Blackstone of Federal Indian Law:” Taking the Comparison Seriously." British Journal of American Legal Studies 8, no. 2 (December 1, 2019): 371–98. http://dx.doi.org/10.2478/bjals-2019-0014.

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Abstract This paper explores the many facets of Rennard Strickland’s comparison between Sir William Blackstone, author of the 1765–69 Commentaries on the Laws of England, and Felix Cohen, architect of the 1942 Handbook of Federal Indian Law. It consists of a side by side analysis of both authors’ master works, political and educational projects, as well as general contribution to jurisprudence. It reveals that despite the stark differences between Blackstone’s work on the English common law from his professorship at Oxford in the late eighteenth century, and Cohen’s endeavors on the US federal law concerning Native Americans as a civil servant at the turn of the 1940s, there are remarkable similarities in the enterprises of legal scholarship the two jurists took on, the larger political projects they promoted, and their role in the development of legal thought. The idea that “Felix Cohen was the Blackstone of Federal Indian Law” has stylistic appeal and could have been little more than a gracious way to celebrate Cohen. An in-depth comparative examination of legal history and jurisprudence however corroborates and amplifies the soundness of the comparison.

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Tani, Karen M. "States' Rights, Welfare Rights, and the “Indian Problem”: Negotiating Citizenship and Sovereignty, 1935–1954." Law and History Review 33, no. 1 (December 10, 2014): 1–40. http://dx.doi.org/10.1017/s073824801400056x.

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“What distinguishes the American Indians from other native groups is . . . the nature of their relationship with a government which, while protecting their welfare and their rights, is committed to the principles of tribal self-government and the legal equality of races.”Felix S. Cohen, Chairman, Board of Appeals, United States Department of Interior (1942)“[T]he objective of Congress is to make the Indians self-supporting and into good individual American citizens . . . . You cannot have a good American citizen . . . unless you have a good citizen of the State.”United States Representative Antonio M. Fernández (D., New Mexico) (1949)“While all this red tape is being untangled, one in need dies without assistance.”David A. Johnson, Sr., Governor and Chairman of the Gila River Pima-Maricopa Indian Community (1949)These three quotations come from a period in modern American history often remembered for economic depression and war, but perhaps most remarkable for the accompanying changes in governance. Building on Progressive Era innovations, America's federal system became ever more “cooperative”— that is, marked by intricate federal-state personnel and revenue sharing. Meanwhile, Americans witnessed the steady expansion of central state authority. By the 1940s, neither the states nor the federal government enjoyed many areas of exclusive jurisdiction. The federal and state governments' relationships with their subjects were similarly in flux, and the stakes were high. As a result of New Deal social welfare programs, as well as numerous war-related measures, the benefits of state and national citizenship had expanded by the late 1940s. The burdens of citizenship had expanded, too, in the form of higher and broader taxation, compulsory military service, and more government oversight. The stage was set for fierce conflicts over the borders of the nation's political communities and the terms of belonging.

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Meyer, Sabine N. "From Federal Indian Law to Indigenous Rights: Legal Discourse and the Contemporary Native American Novel on the Indian Removal." Law & Literature 29, no. 2 (November 15, 2016): 269–90. http://dx.doi.org/10.1080/1535685x.2016.1246902.

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27

Akhtar, Zia. "Restorative Justice." Global Journal of Comparative Law 2, no. 1 (2013): 60–90. http://dx.doi.org/10.1163/2211906x-00201003.

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The nominal sovereignty that the indigenous tribes exercise in the US is further constrained by the federal government exercising the powers of trustee and restricting their rights of alienation over lands. The plenary authority of Congress allows the enactment of all laws impacting on Indians that the federal government deems necessary. It is of overriding effect and has led to the emergence of a land law theory that preserves the power of preemption over the tribal nations. This legal framework dates back to the Marshall doctrine and the Indian Trade and Intercourse Act 1790. The issue is: can there be a reversal of the extinguished title for the indigenous peoples and an assertion of their original claim to rightful ownership? This article compares the land theory that prevails in the US with the developments that have taken place in common law countries, such as Canada and Australia, and concludes that there needs to be an affirmation of the principle of a right in land for the Native people rather than them being ‘tenants at will’ of the federal government.

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Primack, Alvin J. "You are not the father: rhetoric, settler colonial curiosity, and federal Indian law." Review of Communication 20, no. 1 (January 2, 2020): 27–46. http://dx.doi.org/10.1080/15358593.2019.1707268.

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29

Quinn, William W. "Federal Acknowledgment of American Indian Tribes: The Historical Development of a Legal Concept." American Journal of Legal History 34, no. 4 (October 1990): 331. http://dx.doi.org/10.2307/845826.

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30

Greenwald, Emily. "Uneven Ground: American Indian Sovereignty and Federal Law David E. Wilkins K. Tsianina Lomawaima." Public Historian 26, no. 3 (July 2004): 90–91. http://dx.doi.org/10.2307/3379463.

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31

Banks, Kimball M. "Indian Tribes as Sovereign Governments: A Sourcebook on Federal-Tribal History, Law, and Policy." American Indian Quarterly 14, no. 3 (1990): 312. http://dx.doi.org/10.2307/1185670.

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32

Madley, Benjamin. "“Unholy Traffic in Human Blood and Souls”." Pacific Historical Review 83, no. 4 (2014): 626–67. http://dx.doi.org/10.1525/phr.2014.83.4.626.

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From 1846 onward, at least 20,000 California Indians worked in varied forms of bondage under U.S. rule. This essay provides the first article-length survey of the statewide rise and fall of California’s systems of Indian servitude under U.S. rule, including their Russo-Hispanic antecedents, establishment under martial law, expansion under civilian rule, and dismantling by state and federal authorities. Further, this article proposes the first taxonomy of these systems and, in conclusion, discusses how California Indian servitude illuminates the histories of California, the western United States, the nation as a whole, and the western hemisphere while suggesting new analytical methods and research directions.

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Singh, Vinai Kumar. "INTERNATIONAL TREATIES AND THE INDIAN LEGAL SYSTEM: NEW WAYS AHEAD." Italian Yearbook of International Law Online 26, no. 1 (October 11, 2017): 63–81. http://dx.doi.org/10.1163/22116133-90000158a.

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This article analyses the provisions of the Indian Constitution and federal laws, which give mandate to the Parliament and the Executive to enter into and give effect to international treaties. It will be underlined, in particular, that Indian practice is characterised by a certain ambiguity, which is ultimately caused by a lack of coordination between the Indian Legislature, Executive and Judiciary. The paper argues for a coherent and aligned approach amongst the various branches of government in relation to international law, and in particular treaty law. To this end, it will conclude by analysing the measures recently suggested by the Parliamentary Standing Committee Report, which would rectify the legal inconsistencies in Indian law related to the treatment of International Treaties.

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Cumming, Peter A., and Diana Ginn. "First Nations Self-Government in Canada." Nordic Journal of International Law 55, no. 1-2 (1986): 86–116. http://dx.doi.org/10.1163/157181086x00328.

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AbstractThe case law reveals the courts' willingness to uphold federal intervention in Indian government, justifying such intervention on the grounds that Congress has plenary power over Indian affairs, that a ward-guardian relationship exists between Indians and the American government, or that a particular action was political and therefore not open to review (243). Yet, courts have characterized the jurisdiction still exercised by tribal governments as flowing from retained sovereignty rather than as delegated by Congress. American tribes have been described as possessing » theoretical sovereignty and some self-governing powers« 244). These powers include determining membership, regulating probate and family matters, deciding whether to lease or surrender Indian land, allotting land to members, taxing those living on the reserve, controlling tribe assets, establishing tribal courts, and passing »municipal-type« laws (245). The Bureau of Indian Affairs still has significant powers, however. The Commissioner of the Bureau is responsible for »the management of all Indian affairs, and (for) all matters arising out of Indian relations« (246). This power can be used to disallow tribe ordinances (247). The Commissioner also controls money appropriated for the »benefit, care, and assistance of the Indians;« (248) and because of the size of the Bureau, a substantial amount of this money goes to administration (249). However, although Indian tribes in the United States are not fully self-governing, it appears that »as tribes adopt more and more American style governmental institutions ... the Bureau seems willing to permit a substantial degree of tribal government (250).

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35

O'Brien, Sharon. ": Partial Justice: Federal Indian Law in a Liberal Constitutional System . Petra T. Shattuck, Jill Norgren." American Anthropologist 95, no. 2 (June 1993): 506–7. http://dx.doi.org/10.1525/aa.1993.95.2.02a00730.

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CRAMER, RENEE ANN. "Perceptions of the Process: Indian Gaming as it Affects Federal Tribal Acknowledgment Law and Practices*." Law Policy 27, no. 4 (October 2005): 578–605. http://dx.doi.org/10.1111/j.1467-9930.2005.00212.x.

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37

Yablon, Marcia. "Property Rights and Sacred Sites: Federal Regulatory Responses to American Indian Religious Claims on Public Land." Yale Law Journal 113, no. 7 (May 2004): 1623. http://dx.doi.org/10.2307/4135775.

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38

Obert, Jonathan. "Inlaws, Outlaws, and State Formation in Nineteenth-Century Oklahoma." Social Science History 45, no. 3 (2021): 439–67. http://dx.doi.org/10.1017/ssh.2021.13.

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AbstractWhile much of the federal Department of Justice’s policing bureaucracy was in retrenchment from the 1880s and 1890s, the Indian Territories was the site of some of the most aggressive policing in the nation’s history. Specifically, a series of reforms in US-Indian relations permitted a high level of federal involvement in policing and the management of local order. Using original demographic data on US deputy marshals and criminal gangs active in the Indian Territories, as well as an analysis of media coverage of Oklahoma crime, this article shows that this explosion of state-building was due, in part, to the ways in which kinship rules in Oklahoma allowed racially ambiguous inhabitants to be castigated as “outlaws.” This, in turn, opened up space for the federal marshal apparatus—which was primarily white—to expand its role as the purveyors of local law and order in a manner that had never been possible in the South.

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39

Wilkins, David E. "Transformations in Supreme Court thought: The irresistible force (Federal Indian law & policy) meets the movable object (American Indian tribal status)." Social Science Journal 30, no. 2 (June 1, 1993): 181–207. http://dx.doi.org/10.1016/0362-3319(93)90033-r.

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40

Borkakati, Santosh, and Singh Gyanendra. "Fiscal responsibility law and subnational finance in India: An analysis of Assam's fiscal scenario." Ekonomski horizonti 23, no. 1 (2021): 71–84. http://dx.doi.org/10.5937/ekonhor2101071b.

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Fiscal responsibility law has become an important instrument for better fiscal management and ensuring fiscal discipline, particularly so in the federal countries where their subnational governments often indulge in fiscal indiscipline. In 2003, India adopted the Fiscal Responsibility and Budget Management Act for rule-based fiscal discipline, and the states of India were also asked to adopt their own fiscal rule legislation in line with the legislation adopted by the central government. As a fiscally weak Indian state, Assam enacted the Assam Fiscal Responsibility and Budget Management (AFRBM) Act in 2005 for better fiscal management. The paper attempts to examine the impact of the AFRBM Act on the fiscal performance of the state by analyzing the dynamics of the fiscal variables in the pre and post-AFRBM Act periods. The study finds that the state has improved its fiscal condition after the introduction of the AFRBM Act, even though it has remained prone to fiscal shocks.

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Deer, Sarah. "NATIVE PEOPLE AND VIOLENT CRIME." Du Bois Review: Social Science Research on Race 15, no. 1 (2018): 89–106. http://dx.doi.org/10.1017/s1742058x18000012.

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AbstractExciting changes are happening in criminal jurisdiction in Indian country at the national level. Due in large part to activism on the part of Native women, Congress has attempted to improve criminal justice on tribal lands. The reforms do not go far enough, however, and many of the recent legal changes have not yet been challenged in the federal courts. This article will preview many of the legal issues likely to ignite a firestorm of litigation and lobbying around issues of crime in Indian country. This article will also wrestle with the difficult question of whether tribal nations should adopt or sustain the typical carceral law and order model used by Anglo-American governments. In an effort to take advantage of the changes in federal law, tribal nations are explicitly required to comply with certain Anglo-American norms. The risks and rewards of such adherence will also be explored.

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Jordan, David B. "Rolling the Dice on the Cyber-Reservation: The Confluence of Internet Gaming and Federal Indian Law." American Indian Law Review 24, no. 2 (1999): 455. http://dx.doi.org/10.2307/20070640.

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Bernholz, Charles D. "Federal Indian law Internet tools: Indian Territory Cases at the Oklahoma State Courts Network and Kappler's Indian Affairs: Laws and Treaties at the Oklahoma State University." Journal of Government Information 30, no. 5-6 (January 2004): 637–47. http://dx.doi.org/10.1016/j.jgi.2004.10.007.

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Vogt, David. "“Indians on White Lines”: Bureaucracy, Race, and Power on Northern British Columbian Traplines, 1925–1950." Journal of the Canadian Historical Association 26, no. 1 (August 8, 2016): 163–90. http://dx.doi.org/10.7202/1037201ar.

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After British Columbia imposed universal mandatory trapline registration in 1925, game wardens, Department of Indian Affairs officials, and Indigenous people in the provincial north quickly came into conflict over the place of Indigenous trappers, Indigenous claims to trapping territory, and the applicability of colonial game regulations to Indigenous communities. Although some scholars have suggested that the primary result was the large-scale dispossession of Indigenous communities, roughly half of the province’s registered traplines remained officially in “Indian” hands, raising questions about how bureaucrats recognized, classified, and sought to administer such lines. In practice, game law enforcement was often uncertain, arbitrary, and frequently governed by informal arrangements that existed alongside the official regulations. By the 1930s, trappers with Indian status had gained some measure of protection and exemption from the game laws, in part due to an energetic campaign by the federal Indian Department. To bureaucrats, however, the never-completed quest to define and solidify a racialized boundary between “Indian” and “white” trappers, trapping, and traplines often became as important as — or even more important than — the ostensible provincial goal of game conservation and the federal goal of Indigenous economic prosperity.

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Dockry, Michael J., Sophia A. Gutterman, and Mae A. Davenport. "Building Bridges: Perspectives on Partnership and Collaboration from the US Forest Service Tribal Relations Program." Journal of Forestry 116, no. 2 (September 7, 2017): 123–32. http://dx.doi.org/10.5849/jof-2016-106.

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AbstractAmerican Indian tribes have inherent rights to national forestland and resources codified in treaties, the US Constitution, statutes, Presidential Executive Orders, and case law. These rights require a government-to-government relationship between each tribe and the US Forest Service (USFS), which recognizes federal trust responsibilities and tribal sovereignty. This is implemented through government-to-government consultation. Along with consultation, the USFS seeks to create opportunities to work in partnership with tribes to support natural resource management for mutual benefit. The purpose of this article is to explore partnership building and collaboration between the USFS and American Indian tribes in the context of the USFS tribal relations program. The article outlines successful practices and barriers for building partnerships between federally recognized tribes and the USFS. Qualitative research methods were used to analyze 26 semistructured interviews with USFS employees with tribal relations duties to understand their perspectives on building partnerships and fulfilling the government trust responsibility with American Indian tribes.

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46

Hartman, Jennifer L. "Seeking Justice: How VAWA Reduced the Stronghold Over American Indian and Alaska Native Women." Violence Against Women 27, no. 1 (September 13, 2020): 52–68. http://dx.doi.org/10.1177/1077801220949695.

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The Violence Against Women Act (VAWA), originally passed in 1994, was successfully reauthorized in 2000, 2005, and 2013. Over time, VAWA altered the environment for many victims who had previously suffered in silence. This article focuses on how VAWA impacted American Indian (AI) and Alaska Native (AN) victims of dating and domestic violence. AI and AN women experience these crimes at a rate higher than the national average, yet they are often denied justice due to the interplay of federal and state laws and tribal sovereignty. VAWA affirmed tribes’ sovereign authority to exercise criminal jurisdiction over non-Indians who commit crimes against AI and AN victims on tribal lands. This article also discusses future steps to enhance justice reforms.

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47

Parker, Grant D. "THE ROLE OF INDIAN TRIBES IN NATURAL RESOURCE DAMAGES RECOVERY." International Oil Spill Conference Proceedings 1989, no. 1 (February 1, 1989): 297–301. http://dx.doi.org/10.7901/2169-3358-1989-1-297.

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ABSTRACT Oil and hazardous substance spills can have a catastrophic impact on Indian tribes relying on natural resources such as fish and wildlife for subsistence or economic survival. Indian tribes have increasing legal and administrative opportuntiies to protect, and recover damages for, tribal resources injured by oil and hazardous substance releases. Common law, and recent amendments to the federal Superfund statute recognize the importance of resource protection to tribal governments and specifically provide for the participation of tribal governments in both assessing damage to, and bringing claims to recover for the loss of, natural resources.

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Jaimes, M. Annette. "FEDERAL INDIAN IDENTIFICATION POUCY: A USURPATION OF INDIGENOUS SOVEREIGNTY IN NORTH AMERICA." Policy Studies Journal 16, no. 4 (June 1988): 778–89. http://dx.doi.org/10.1111/j.1541-0072.1988.tb00686.x.

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Fletcher, Matthew. "Textualism’s Gaze." Michigan Journal of Race & Law, no. 25.2 (2020): 111. http://dx.doi.org/10.36643/mjrl.25.2.textualism.

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This Article attempts to address why textualism distorts the Supreme Court’s jurisprudence in Indian law. I start with describing textualism in federal public law. I focus on textualism as described by Justice Scalia, as well as Scalia’s justification for textualism and discussion about the role of the judiciary in interpreting texts. The Court is often subject to challenges to its legitimacy rooted in its role as legal interpreter that textualism is designed to combat.

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Warne, Donald. "Policy Issues in American Indian Health Governance." Journal of Law, Medicine & Ethics 39, S1 (2011): 42–45. http://dx.doi.org/10.1111/j.1748-720x.2011.00564.x.

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Perhaps the most significant law affecting the provision of health services to the American Indian and Alaska Native (AI/AN) population is the Indian Self-Determination and Education Assistance Act of 1975 (ISDEAA, PL 93-638). This Act allows tribes to assume the management and control of health care programs from Indian Health Service (IHS) and to increase flexibility in health care program development. Under ISDEAA, tribes have the option to contract or compact with IHS to deliver health services using pre-existing IHS resources (formula-based shares tables determine funding for various IHS sites), third party reimbursements, grants, and other sources. Typically, tribes develop their own non-profit health care corporations to provide services to their community, and as a result are eligible for grants and other types of funding not available to federal agencies like IHS.

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Journal articles on the topic 'Federal Indian law'

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