ARCHIVE OF FIRM

PAPERS AND PUBLICATIONS

THIS PAGE INCLUDES NOTABLE WORKS PUBLISHED BY PREVIOUS MEMBERS OR ASSOCIATES OF MSJS. MANY OF THESE PUBLICATIONS GIVE IMPORTANT CONTEXT TO CURRENT ISSUES IN NATIVE AMERICAN LAW AND DEMONSTRATE OUR FIRM'S REPUTABLE HISTORY.

The Council's Counsel: The Ethics Of Representing Tribal Councils

By Rob Roy Smith (July, 2006)

Indian Country is not "an ethics-free zone."

The Tribal Tax Man Cometh - Recent Developments in Indian Taxation Law

By Rob Roy Smith (January, 2005)

Recent cases indicate judicial willingness to further insulate tribes from state taxation while supporting tribes' power to tax non-Indians.

Cultural Resource Protection Strategies: Post "Kennewick Man"

By Rob Roy Smith (May, 2004)

This paper focuses on the Bonnichsen panel decision discussing the errors of the court and the dramatic impacts the decision may have on the future of repatriations across the country.

Updated Primer on Federal Recognition and Current Issues Affecting the Process

By Jennifer P. Hughes (November, 2001)

An introduction and updated presentation on federal recognition.

Judicial Update 2000-2001 Federal Case Law on American Indians

By Kyme Allison McGaw (May, 2001)

Contains updates on 89 cases.

A Question of Trust: The Role of Alaskan Native Tribes in Natural Resource Damage Actions

By Regina M. Cutler (March, 2000)

In some ways the subsistence and natural resource interest of Alaska Natives and the Alaska tribal governments are comparable to those of Indian tribes with treaty reserved or aboriginal rights to hunting, fishing and gathering in usual and accustomed areas in the lower 48 states.

To Clear the Muddy Waters: Tribal Regulatory Authority Under Section 518 of the Clean Water Act

By Regina M. Cutler (May, 1998)

In order for a tribe to be “treated as a state” under this section, the tribe must meet four requirements.

Tribal Court Handbook for the 26 Federally Recognized Tribes in Washington State

By Prof. Ralph Johnson and Rachel Paschal (2d Ed. September 1992)

This handbook was prepared by the Washington State Forum to Seek Solutions to Jurisdictional Conflicts Between Tribal and State Courts. The Forum is a component of the Civil Jurisdiction of Tribal Courts and State Courts: Research and Leadership Consensus Building Project funded by the State Justice Institute (Grant no. 90-14X-B-013), administered by the National Center for State Courts, and sponsored by the Conference of Chief Justices. The Supreme Court of Washington provided additional assistance to the Forum. The views and opinions expressed here do not necessarily reflect the view or policies of the grantor or grantee.

Cotton Petroleum Corp. v. New Mexico, 109 S.Ct. 1698 (1998): The Inexorable Zero Comes to Indian Preemption Analysis

By Terence Thatcher (September 1989)