Alan Meister, Kathryn Rand, and Steve Light have published their paper “Indian Gaming and Beyond: Tribal Economic Development and Diversification” in the South Dakota Law Review as part of a symposium on tribal economic development.
Here is the paper — Meister et al. Article on Tribal Econ Development
Scott Taylor has posted “The Importance of Being Interest: Why a State Cannot Impose its Income Tax on Tribal Bonds” on SSRN. It is forthcoming in the Akron Tax Journal. Here’s the abstract:
The exercise of a state power in a way that adversely impacts the sovereignty of a federally recognized Indian tribe has been a matter of serious concern to the United States Supreme Court since the early 19th century. The limit of a state’s power to tax tribes is very often the subject of this judicial concern. In this article, I examine the reasons why states cannot impose their income taxes on interest that investors earn on tribal bonds.
Larry Catá Backer has posted “From Hatuey to Che: Indigenous Cuba Without Indians and the U.N. Declaration on the Rights of Indigenous Peoples.” It is published in the most recent edition of the American Indian Law Review, Vol. 33, 2009. The abstract:
Indigenous peoples have been quite useful to political elites in Latin America almost since the time of the conquests by Spanish and Portuguese adventurers in the fifteenth and sixteenth centuries. In the nineteenth and early twentieth centuries, indigenous people supplied the foundations for a trope, both literary and political, essential for the construction of cultural, ethnic, racial, and political identities distinct from the traditional colonial masters of emerging Latin American states, as well as from that great power to the north. This paper looks at one aspect of this rich development by focusing on the noble savage, the construction of Caribbean (and principally Cuban) political identity, and the formation of governance ideals. The focus will be on three people, separated by hundreds of years but all connected by the parallels of their lives and their place within Caribbean literary and political thought. I will start with the great archetypical figure of Cuban history – a Taino Indian from the island of Hispaniola – el indio Hatuey. The heart of the paper examines essays of Jose Marti in the broader context of Latin indigenismo. Marti, like the Spanish before him, confronts the Indian in Cuban life. But unlike the Spanish, Marti deploys the Indian in the service of the construction of Cuban national indigenismo. The last great figure considered in the development of Cuban indigenismo is Fidel Castro Ruz. Castro served as the leader of Cuba from the successful conclusion of the Cuban Revolution of 1959 until early 2008 when illness forced his retirement. The indigenismo of Marti finds rich embellishment in the great speeches of Fidel Castro. With Fidel Castro we witness the maturation of the process of denaturing the Indian from indigenismo. The essay ends with a consideration of the U.N. Declaration on the Rights of Indigenous Peoples from the perspective of this constructed Cuban indigenismo without Indians. In a Cuba without Indians, but where the memory of the Indian is revered, Cuba can seek to assert the rights of indigenous peoples everywhere without having to confront the issue of its own Indians. In a construction of a social and ethnic order in which the Indian has disappeared, to assert the right of indigenous people in Cuba is to assert the rights of the Cuban nation as a singular but blended mass.
Angela Hudson reviews Celia E. Naylor’s new book African Cherokees in Indian Territory: From Chattel to Citizens on H-Net Reviews. The reviewer compares it favorably with Prof. Tiya Miles’ book, The Ties That Bind, which is certainly a strong recommendation:
Dislodging Comfortable Fictions
Debates about the citizenship status of Cherokee freedmen and their descendents have filled newspapers, Web sites, conference rooms, and e-mail inboxes over the past two years and have ranged from the thoughtful to the downright vicious, leaving nearly no aspect of the controversy untouched. But as Celia E. Naylor’s recent book makes clear, there is still a great deal more we can learn about the lives, loves, fates, and desires of people of African descent who lived among the Cherokees from the 1830s through the first decade of the twentieth century. In African Cherokees in Indian Territory, Naylor aims to “lift the veil” that still covers the world of “enslaved and free African-descended people in the 19th-century Cherokee Nation, Indian Territory” (p. 3).
Stephen Munzer and Kal Raustiala have posted “The Uneasy Case for Intellectual Property Rights in Traditional Knowledge” on SSRN. The paper appears in the Cardozo Arts & Entertainment Law Journal, Vol. 27, pp. 37-97, 2009. Here is the abstract:
Should traditional knowledge – -the understanding or skill possessed by indigenous peoples pertaining to their culture and folklore and their use of native plants for medicinal purposes – receive protection as intellectual property? This Article examines nine major arguments from the moral, political and legal philosophy of property for intellectual property rights and contends that, as applied to traditional knowledge (TK), they justify at most a modest package of rights under domestic and international law. The arguments involve desert based on labor; firstness; stewardship; stability; moral right of the community; incentives to innovate; incentives to commercialize; unjust enrichment, misappropriation and restitution; and infringement and dilution. These arguments do, however, support “defensive” protection for TK: that is, halting the use of TK by nonindigenous actors in obtaining patents and copyrights. These arguments also support the dissemination of TK on the internet and via other digital media and the selective use of trademarks. The force of these conclusions resides in the importance of a vibrant public domain, and the absence of any plausible limiting principle that would allow more robust rights in TK for indigenous groups without permitting equally robust rights for nonindigenous groups.
THE DRAKE LAW REVIEW AND THE INTERNATIONAL MASTERS OF GAMING LAW: GAMING LAW SYMPOSIUM — Sadly, full text is not available for these articles on the Drake Law Review site….
Preface
Keith C. Miller
The Three Billion Dollar Question
Heidi McNeil Staudenmaier & Anne W. Bishop
Gambling with Bankruptcy: Navigating a Casino through Chapter 11 Bankruptcy Proceedings
Robert W. Stocker II & Peter J. Kulick
Alex Rodriguez, a Monkey, and the Game of Scrabble: The Hazards of Using Illogic to Define Legality of Games of Mixed Skill and Chance
Anthony N. Cabot, Glenn J. Light & Karl F. Rutledge
The Hand that’s Been Dealt: The Indian Gaming Regulatory Act at 20
Steven Andrew Light & Kathryn R.L. Rand
The “Business of Betting or Wagering”: A Unifying View of Federal Gaming Law
Ben J. Hayes & Matthew J. Conigliaro
Cards and Dice in Smoky Rooms: Tobacco Bans and Modern Casinos
Ronald J. Rychlak
Douglas C. Harris posted his paper,The Boldt Decision in Canada: Aboriginal Treaty Rights to Fish on the Pacific, part of THE POWER OF PROMISES: RETHINKING INDIAN TREATIES IN THE PACIFIC NORTHWEST, Alexandra Harmon, ed., University of Washington Press, 2008. Here is the abstract:
The Oregon Boundary Treaty of 1846 established the forty-ninth parallel as the boundary between British and American interests in western North America. After 1846, Aboriginal peoples to the north of the border negotiated with the British Crown the terms of their coexistence with incoming settlers, those to its south with the United States. As a result, while some of the Coast Salish and Kwak’waka’wakw peoples in what would become British Columbia concluded treaties between 1850 and 1854 with the Crown’s representative, James Douglas, the tribes in the United States settled with the governor of the Washington territory, Isaac I. Stevens, in 1854 and 1855.
Kathryn E. Fort has posted her paper, “The Cherokee Conundrum: California Courts and the Indian Child Welfare Act,” on SSRN. Here is the abstract:
This article was prepared for presentation at the American Indian Identity Conference held at Michigan State University, October 16-17, 2008. After classifying a year of Indian Child Welfare Act (ICWA) cases in state courts, it became apparent that California had both the highest number of ICWA cases and that most of these cases were because of noncompliance with the notice provision of ICWA. In addition, it became clear that the majority of California cases involved parents claiming Cherokee affiliation. This article concludes there could be many reasons for this, including an informal exercise of the Existing Indian Family doctrine at the social worker level.
And Matthew Fletcher posted “The Indian Child Welfare Act: A Survey of the Legislative History” on SSRN. Here is the abstract:
This paper is prepared for the University of Michigan Law School Native American Law Students Association’s annual Indian Law Day, April 10, 2009. The materials in this paper derive from an early draft of an amicus brief filed by the American Indian Law Section of the State Bar of Michigan in the Michigan Supreme Court case, In re Lee. The paper focuses on the legislative history of the Indian Child Welfare Act, with particular emphasis on Michigan.
Here is an excellent paper by Ray Campbell and Brian Lewis, ASU law students, arguing in favor of adding Indian law to the Arizona bar exam. It’s published by Arizona Attorney, the state bar journal, and is titled “Indian Law: A Needed Addition to the Arizona Bar Exam.”
Our earlier post on this question is here.
CALL FOR PAPERS
Tribal Nation Economics and Legal Infrastructure
This call for papers seeks submissions for the AALS Indian Nations and Indigenous Peoples Section’s 2010 publication of selected papers. The Section will meet during the American Association of Law School’s Annual Conference on January 8th, 2010. The Indian Nations and Indigenous Peoples Section Meeting will focus on “Tribal Nation Economics and Legal Infrastructure.” The Washburn Law Journal will be publishing the papers on this topic accepted for publication.
Turtle Talk 
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