The establishment of federal recognition is the cornerstone of federal Indian law. All rights, including criminal jurisdiction, tax status, gaming rights, and hunting and fishing rights, stem from this initial acknowledgment. Yet prior law review articles have focused only on the overarching process of federal recognition without closely examining the actual administrative findings of the Department of the Interior.
This article will provide an in-depth examination of the regulations governing whether an Indian entity is entitled to the benefits of a government-to- government relationship with the United States. Specifically, this article examines the regulatory process for filing a federal recognition petition and critiques four of the criteria that petitioning Indian entities consistently fail to meet. By reviewing Department of the Interior decisions, this article demonstrates the inconsistencies in regulatory interpretations and guidance documents as well as the inherent biases in the current regulatory framework. Finally, the article discusses potential solutions to these problems and identifies the first step necessary in order to fully understand the depth of this regulatory issue.
Proposed mode of analysis for preconstitutional land claims brought by American Indian tribes
A discussion of christianity and native american federal law. Looks at the approach SCOTUS has taken and the Johnson decision.
Discussion of the ways in which Native American law violates the constitution and the SCOTUS decisions that have shaped the law.
Legal history of tensions and common ground between museums and Native American tribes over artifacts.
Discussion of the relationship between the Bureau of Indian Affairs and American Indians, especially in the welfare context, through the lens of Ruiz v. Morton.
Article presents regional data and provides personal narratives to demonstrate the educational inequities American Indian children suffer in Montana.