Both our faculty and our students are active in writing about Indian law. Indeed, even TU faculty who do not specialize in teaching Indian law often incorporate Indian law into their courses and articles.
Over the past several years, seven papers written for Professor Melissa Tatum's American Indian Law Seminar have been published and/or won national awards. These indude John Williams' paper on tribal economic development; Sherry Walkabout's paper on the Indian Child Welfare Act; Jared Cawley's paper on the intersection of jurisdiction and tribal gaming; Landon Schmidt's paper on religious freedom issues; Angela Lloyd-Smoot's paper on compacts; Anne Zimmerman's paper on taxation; and Angelique EagleWoman's paper on tribal gaming.
The following list of publications will give you an idea of the depth and breadth of the Indian law writings published by the faculty and students at the University of Tulsa College of Law.
Judith V. Royster, Co-Director
Professor of Law
Books and Book Chapters
Cohen's Handbook of Federal Indian Law (Nell Jessup Newton, ed., LexisNexis 2005) (Board of Editors and contributing author).
Native American Law, in The Law of Environmental Justice - (American Bar Association, 2d ed. 2006) (forthcoming)
Native American Natural Resources Law (with Michael C. Blumm) (Carolina Academic Press 2002). Teacher's Update (2003, 2004, 2005).
Native American Law, in The Law of Environmental Justice 157-182 (American Bar Association 1999).
Taxation: Issues in Federal, State, and Tribal Taxation. Training manual for tribal government officials, published by American Technical and Training Assistance (Albuquerque NM 1988).
Law Review Articles
Montana at the Crossroads, - Conn. L. Rev. - (forthcoming 2006).
Indian Water and the Federal Trust: Some Proposals for Federal Action, - Nat. Resources J. - (forthcoming 2006).
Winters in the East: Tribal Reserved Rights to Water in Riparian States, 24 William & Mary Environmental Law & Policy Review 169 (2000)
Judicial Termination of Treaty Water Rights: The Snake River Case (with Michael C. Blumm, Dale D. Goble, and Mary Christina Wood), 36 Idaho Law Review 449 (2000)
Decontextualizing Federal Indian Law: The Supreme Court's 1997-1998 Term, 34 Tulsa Law Journal 329 (1999)
Of Surplus Lands and Landfills: The Case of the Yankton Sioux, 43 South Dakota Law Review 283 (1998)
Stature and Scrutiny: Post-Exhaustion Review of Tribal Court Decisions, 46 U. Kansas Law Review 241 (1998)
Oil and Water in the Indian Country, in Symposium: From Wellhead to Courtroom: The Future of Oil and Gas Law, 37 Natural Resources Journal 457 (1997), reprinted in 35 Public Land & Resources Law Digest 305 (1998).
Equivocal Obligations: The Federal-Tribal Trust Relationship and Conflicts of Interest in the Development of Mineral Resources, in Symposium: Variations on a Theme: Natural Resource Development and Tribal Rights, 71 North Dakota Law Review 327 (1995).
The Legacy of Allotment, 27 Arizona State Law Journal 1 (1995).
A Primer on Indian Water Rights, in Water Wars Symposium, 30 Tulsa Law Journal 61 (1994).
Mineral Development in Indian Country: The Evolution of Tribal Control Over Mineral Resources, in Symposium on Energy Law, 29 Tulsa Law Journal 541 (1994).
Environmental Protection and Native American Rights: Controlling Land Use Through Environmental Regulation, in Symposium: Environmental Equity in the 1990s: Pollution, Poverty, and Political Empowerment, 1 Kansas Journal of Law & Public Policy 89 (1991).
Control of the Reservation Environment: Tribal Primacy, Federal Delegation, and the Limits of State Intrusion (with R.S. Fausett), 64 Washington Law Review 581 (1989).
Fresh Pursuit Onto Native American Reservations: State Rights "to Pursue Savage Hostile Indian Marauders Across the Border" (with R.S. Fausett), 59 University of Colorado Law Review 191 (1988).
Other Publications
Oliphant and Its Discontents: An Essay Introducing the Case for Reargument Before the American Tribal Nations Supreme Court, 13 Kansas Journal of Law and Public Policy – (forthcoming 2003).
Foreword: Look Back in Anger [Symposium: Lone Wolf v. Hitchcock: One Hundred Years Later], 38 Tulsa Law Review 1 (2002).
Can a Tribal Court Exercise Jurisdiction Over a Section 1983 Claim Against State Officials?, Preview of United States Supreme Court Cases No. 6, at 297 (Mar. 13, 2001).
American Indians: Law in Indian Communities, in 1 The Encyclopedia of the United States in the Nineteenth Century 61 (Paul Finkelman, ed., 2001).
When Are Confidential Communications Between Tribes and the BIA Exempt from Disclosure under FOIA?, Preview of United States Supreme Court Cases No. 4, at 216 (Dec. 29, 2000).
Water Rights: Is the Quechan Tribe Barred from Seeking a Determination of Reservation Boundaries and Water Rights?, Preview of United States Supreme Court Cases No. 7 (April 2000)
Water Quality and the Winters Doctrine, 107 Water Resources Update 50 (1997)
Environmental Federalism and the Third Sovereign: Limits on State Authority to Regulate Water Quality in Indian Country, 105 Water Resources Update 17 (Autumn 1996).
Native American Natural Resources Committee 1996 Annual Report, in Natural Resources, Energy, and Environmental Law 1996: The Year in Review 295 (ABA SONREEL 1997).
Native American Natural Resources Committee 1995 Annual Report, in Natural Resources, Energy, and Environmental Law 1995: The Year in Review 310 (ABA SONREEL 1996) (with Michael O'Connell).
Native American Natural Resources Committee 1994 Annual Report, in Natural Resources, Energy, and Environmental Law 1994: The Year in Review 297 (ABA SONREEL 1995).
Municipal Landfill Regulation in Indian Country, 3(2) Oklahoma Bar Ass'n Environmental Law Section Newsletter 9 (1994).
1993: The Year After (Introduction: Indian Law Symposium), 29 Tulsa Law Journal 243 (1993).
Courts and Indians: Sixty-Five Years of Legal Analysis: Bibliography of Periodical Articles Relating to Native American Law, 1922-1986 (with R.S. Fausett), 7(2-4) Legal Reference Services Quarterly 107 (1987).
Melissa L. Tatum, Co-Director
Associate Professor of Law
Books and Book Chapters
Cohen's Handbook of Federal Indian Law (LexisNexis 2005). Contributing author.
Tribal Courts: Tensions Between Efforts to Develop Tribal Common Law and Pressures to Harmonize with State and Federal Courts, in Harmonizing Law in an Era of Globalization: Convergence, Divergence and Resistance (ed. Larry Backer, forthcoming 2006)
Co-author, The Little Black Book: A Do-It Yourself Manual for Law Student Competitions (Carolina Academic Press 2002)
General Editor, Muscogee (Creek) Nation Tribal Court Reporter (2006)
Law Review Articles
Tribal Efforts To Comply with VAWA's Full Faith and Credit Requirements: A Response to Sandra Schmieder, 39 Tulsa L. Rev. 403 (2004)(co-authored with Sarah Deer)
Law Enforcement Authority in Indian Country: Challenges Presented by the Full Faith and Credit Provisions of the Violence Against Women Acts, 4 Tribal L. J. (2004) (http://tlj.unm.edu/articles/volume_4/tatum/index.php)
Establishing Penalties for Violating Protection Orders: What Tribal Governments Need to Know, 13 Kansas Journal of Law and Public Policy 123 (2003)
A Jurisdictional Quandary: Challenges Facing Tribal Governments in Implementing the Full Faith and Credit Provisions of the Violence Against Women Acts, 90 Kentucky Law Journal 123 (2001-2002)
Extending the Status Quo: Indian Law and the Supreme Court’s 1999-2000 Term, 36 Tulsa L. J. 195 (2000)
Group Identity: Changing the Outsider's Perspective, 10 G.M.U. Civil Rights Law Journal 357 (summer 2000)
The New American Caste System: The Supreme Court and Discrimination Between Civil Rights Plaintiffs, 32 Mich. J. L. Reform 49 (1998)(published as Melissa L. Koehn)
Civil Jurisdiction: The Boundaries Between Federal and Tribal Courts, 29 Ariz. State L. J. 705 (1997)(published as Melissa L. Koehn)
Other Publications
Symposium Foreword, A Look at U.S. v. Lara, 40 Tulsa L. Rev. 1 (2004)
Symposium Foreword, Incorporating Indian Law into Other Law School Courses, 37 Tulsa L. Rev. 481 (Winter 2001)
Tribal Jurisdiction and Protection Orders: The Experience of the Michigan Working Group on Implementing the Full Faith and Credit Provisions of the Violence Against Women Act, Sovereignty Symposium XIV: 2001 – A Tribal Odyssey (published conference materials)
International Law of Indigenous People's Rights, in The Oxford Companion to American Law (Hall, ed., forthcoming)
Co-author, Model Tribal Code for Enforcement of Foreign Protection Orders
The New American Caste System, 1 Res Ipsa Loquitor 9 (February 1999)(published as Melissa L. Koehn)
Michigan's Legislative Jurisdiction Over Its Native American Population: A Study Report for the Michigan Law Revision Commission, 1993 Annual Report (1994)(published as Melissa L. Koehn)
Book Note, 89 Mich. L. Rev. 1719 (1991)(reviewing Robert A. Williams, Jr., The American Indian in Western Legal Thought (1990))(published as Melissa L. Koehn)
G. William Rice, Co-Director
Associate Professor of Law
Books and Book Chapters
Contributing author, Felix S. Cohen's Handbook of Federal Indian Law (2005)
Felix S. Cohen's Handbook of Federal Indian Law (1982 ed.) Contributing author.
Materials on the Impact of the Indian Child Welfare Act in Nebraska (Indian Legal Resource Center 1980).
Indian Child Welfare Act Handbook for Tribes in Oklahoma (Oklahoma Indian Affairs Commission 1980).
Oklahoma Indian Law (Indian Legal Resource Center 1980).
Indian Children, State Laws, and the Indian Child Welfare Act of 1978 (Indian Legal Resource Center 1980).
Cases and Materials on the Impact of the Indian Child Welfare Act in Oklahoma (Indian Legal Resource Center 1980).
Court Rules of the Court of Indian Offenses (Bureau of Indian Affairs, Anadarko Area Office 1979).
Cases and Materials on Indian Property Law (Antioch School of Law 1978).
Law Review Articles
Of Cold Steel and Blueprints: Musings of an Old Country Lawyer on Crime, Jurisprudence, and the Tribal Attorney's Role in Developing Tribal Sovereignty, 7 Kansas Journal of Law and Public Policy 31 (1997).
There and Back Again - An Indian Hobbit's Holiday: Indians Teaching Indian Law, 26 New Mexico Law Review 169 (1996).
Employment in Indian Country: Considerations Respecting Tribal Regulation of the Employer-Employee Relationship, 72 North Dakota Law Review 269 (1996).
The Journey from Ex parte Crow Dog to Littlechief: A Survey of Tribal Civil and Criminal Jurisdiction in Western Oklahoma, 6 American Indian Law Review 1 (1979).
The Mythology of the Oklahoma Indians: A Survey of the Legal Status of Indian Tribes in Oklahoma, 6 American Indian Law Review 259 (1979).
Twenty-five U.S.C. 71: The End of Indian Sovereignty or a Self-Limitation of Contractual Ability?, 5 American Indian Law Review 239 (1977).
Vicki J. Limas, Co-Director
Associate Dean of Students & Professor of Law
Books and Book Chapters
Contributing author, Cohen's Handbook of Federal Indian Law (2005)
Law Review Articles
Sovereignty as a Bar to Enforcement of Executive Order 11246 in Federal Contracts with Native American Tribes, 26 New Mexico Law Review 257 (1996).
Application of Federal Labor and Employment Statutes to Native American Tribes: Respecting Sovereignty and Achieving Consistency, 26 Arizona State Law Journal 681 (1994).
Employment Suits Against Indian Tribes: Balancing Sovereign Rights and Civil Rights, 70 Denver University Law Review 359 (1993
Other Publications
Group Versus Individual Rights, Political Versus Racial Protections: American Indians' Dual Status under U.S. Workplace Discrimination Laws, forthcoming in Proceedings of Workplace Discrimination and the Law in North America, The Commission for Labor Cooperation Secretariat, 2004
Martin H. Belsky
Professor of Law & NALC Fellow
Indian Fishing Rights: A Lost Opportunity for Ecosystem Management, 12 Journal of Land Use & Environmental Law 45 (1996).
Linda Lacey
Professor of Law & NALC Fellow
The White Man's Law and the American Indian Family in the Assimilation Era, 40 Arkansas Law Review 327 (1987).
Other Faculty
Valerie Phillips, Contributing author, Cohen's Handbook of Federal Indian Law (LexisNexis 2005).
Valerie Phillips, Seeing Each Other Through the White Man's Eyes: Reflections and Commentary on the "Eating Out of the Same Pot" Black Indian Conference at Darthmouth College, in Confounding the Color Line: The Indian Black Experience in North America, U. Nebraska Press (ed. Brooks 2002)
Valerie Phillips, Half-Human Creatures, Plants, and Indigenous Peoples: Musings on Ramifications of Western Notions of Intellectual Property and the Newman-Rifkin Attempt to Patent a Theoretical Half-Human Creature, 21 Santa Clara Computer & High Techn. L. J. ___ (2005)
Valerie Phillips, Identifying National and International Vacuums Potentially Impacting NAFTA and Indigenous Peoples, 2 Estey Centre J. of Int'l L. & Trade Policy 246-56 (2001)
David S. Clark, State Court Recognition of Tribal Court Judgments: Securing the Blessings of Civilization, 23 Oklahoma City University Law Review 353 (1998)
Stephen Feldman, Felix S. Cohen and His Jurisprudence: Reflections on Federal Indian Law, 35 Buffalo Law Review 479 (1986).
Stephen Feldman, Preemption and the Dormant Commerce Clause: Implications for Federal Indian Law, 64 Oregon Law Review 667 (1986).
Stephen Feldman, Comment, The Developing Test for State Regulatory Jurisdiction in Indian Country: Application in the Context of Environmental Law, 61 Oregon Law Review 561 (1982).
Recent Published Works by Certificate Students & Graduates
Jared Cawley, Just When You Thought It Was Safe To Go Back On the Rez: Is It Safe?, 52 Cleveland St. Univ. L. Rev. 413 (2004-2005).
Jared Cawley, Friend of the Court: How the WTO Justifies the Acceptance of Amicus Curiae Briefs from Non-Governmental Organizations, 23 Penn. St. Int'l. L. Rev. 47 (2004).
Angelique EagleWoman, "U.S. Politics and Tribal Nation Gaming: How It All Plays Out in Oklahoma" 77 Okla. Bar J. 525 (2006).
Angelique EagleWoman, Re-Establishing the Sisseton-Wahpeton Oyate's Reservation Boundaries, 29 American Indian Law Review 239 (2004-2005).
John L. Williams, Paving the Way for the Future: Potential Structures for Tribal Economic Development, 2 Indigenous Peoples' J. Law Culture & Resistance ___ (2005).
Angela Lloyd-Smoot, The Homerun for Tribal Courts: Using Cross-deputization Agreements to Recover Lost Civil Jurisdiction, in Sovereignty Symposium XVI, p. VI-28 (2003)(second place winnner in writing contest)
Taiawagi Helton, Comment, Indian Reserved Water Rights in the Dual-System State of Oklahoma, 33 Tulsa L. Journal 979 (1998)
Stacy L. Leeds, Note, Southern Ute Indian Tribe v. Amoco Production Company: Judicial Construction of Coalbed Methane Gas Ownership, 17 Energy Law Journal 489 (1996).
Rayanne Griffin, Comment, Sacred Site Protection Against a Backdrop of Religious Intolerance, 31 Tulsa Law Journal 395 (1995)
Faye Teague, The Response of the Cherokee Nation to the Cherokee Outlet Centennial Celebration: A Legal and Historical Analysis (with Chadwick Smith), 29 Tulsa Law Journal 263 (1994).
John Williams, The Effect of the EPA's Designation of Tribes as States on the Five Civilized Tribes in Oklahoma, 29 Tulsa Law Journal 345 (1994)
Kenneth Factor, Note, Tightening the Noose on Tribal Criminal Jurisdiction: Duro v. Reina, 27 Tulsa Law Journal 225 (1991).