| Author | Title | Citation | Summary | Year |
| Kristen A. Carpenter |
"ASPIRATIONS": THE UNITED STATES AND INDIGENOUS PEOPLES' HUMAN RIGHTS |
36 Harvard Human Rights Journal 41 (Spring, 2023) |
The United States has long positioned itself as a leader in global human rights. Yet, the United States lags curiously behind when it comes to the human rights of Indigenous Peoples. This recalcitrance is particularly apparent in diplomacy regarding the United Nations Declaration on the Rights of Indigenous Peoples. Adopted by the United Nations... |
2023 |
| Lori McPherson , Sarah Blazucki |
"STATISTICS ARE HUMAN BEINGS WITH THE TEARS WIPED AWAY": UTILIZING DATA TO DEVELOP STRATEGIES TO REDUCE THE NUMBER OF NATIVE AMERICANS WHO GO MISSING |
47 Seattle University Law Review 119 (Fall, 2023) |
C1-2Contents Introduction. 120 I. Data Sources/Legal Mandates for Submission. 125 A. Biographic Data. 126 B. Biometric Data. 132 II. Baseline: What We Know About Missing Indigenous Persons. 134 III. Legal Considerations in Missing Person Cases in ISndian Country. 143 A. Federalism and Limits of Federal Power. 143 B. Right to Privacy & the Right to... |
2023 |
| Chantelle van Wiltenburg |
"THE CENTER CANNOT HOLD": NATION AND NARRATION IN AMERICAN INDIAN LAW |
47 American Indian Law Review 127 (2022-2023) |
Then she began without bothering with onceuponatime, and whether it was all true or false he could see the fierce energy that was going into the telling, . this memory jumbled rag-bag of material was in fact the very heart of her, her self-portrait .. So that it was not possible to distinguish memories from wishes, guilty reconstructions from... |
2023 |
| Julia Gaffney |
"THE GOLD STANDARD OF CHILD WELFARE" UNDER ATTACK: THE INDIAN CHILD WELFARE ACT AND HAALAND v. BRACKEEN |
56 Family Law Quarterly 231 (2022-2023) |
Our country was built on the systemic erasure of Indigenous persons, their communities, and their culture. While one might consider this erasure a thing of the past--a phenomenon belonging more to colonization or the country's period of Western expansion--many of the legal, social, and political structures in the United States still operate in ways... |
2023 |
| Lucia Kello |
"THE PAST GOT BROKEN OFF": CLASSIFYING "INDIAN" IN THE INDIAN CHILD WELFARE ACT |
36 Journal of Civil Rights & Economic Development 361 (Winter, 2023) |
In her 1993 novel, Pigs in Heaven, Barbara Kingsolver chronicles the story of an American Indian child, Turtle, and her young, white, adoptive mother, Taylor Greer. In what has been criticized as a controversial imagined fact pattern, Kingsolver writes that while stopped in a parking lot in the middle of the night, Taylor is approached by an... |
2023 |
| William Y. Chin |
"WE WANT OUR LAND BACK": RETURNING LAND TO FIRST PEOPLES IN THE LAND RETURN ERA USING THE NATIVE LAND CLAIMS COMMISSION TO REVERSE CENTURIES OF LAND DISPOSSESSION |
24 Scholar: St. Mary's Law Review on Race and Social Justice 335 (2023) |
Introduction. 337 I. The First Peoples Land Inhabitance Era. 339 II. The European Land Dispossession Era. 340 III. The American Land Dispossession Era. 342 A. The United States' Continuing Reliance on the Discovery Doctrine. 342 B. The United States' History of Unjust Land Confiscations. 343 IV. The First Peoples Land Return Era. 345 A.... |
2023 |
| Margaret Kelly |
A MOTHER'S DOMICILE IN THE INDIAN CHILD WELFARE ACT: IN RE ADOPTION OF B.B. |
101 Oregon Law Review 453 (2023) |
Introduction. 453 I. History and Purpose of the Indian Child Welfare Act. 455 A. The Statute. 459 B. Domicile. 461 C. Statutory Interpretation. 461 II. Background of In re Adoption of B.B. 462 III. Case Analysis. 464 A. Plain Interpretation. 464 B. Congressional Intent. 466 C. Canons of Construction. 470 D. Effect on Public Policy. 470 E. United... |
2023 |
| Bryce Drapeaux |
A NEW ENTRY INTO THE ANTICANON OF INDIAN LAW: OKLAHOMA v. CASTRO-HUERTA AND THE ACTUAL STATE OF THINGS |
68 South Dakota Law Review 513 (2023) |
Criminal jurisdiction in Indian country is complex and has generally been controlled by the federal government and the tribes. State involvement in this realm has traditionally been limited and subject only to congressional plenary authority in Indian affairs. But the Supreme Court in Oklahoma v. Castro-Huerta ruled that states hold concurrent... |
2023 |
| Amanda Hager Freudensprung |
ABROGATING TRIBAL SOVEREIGN IMMUNITY VIA THE BANKRUPTCY CODE |
45 University of Arkansas at Little Rock Law Review 689 (Summer, 2023) |
Indian tribes have been considered separate governments since the Founding of the New World, and are separate sovereigns pre-existing the Constitution. As a result, Indian tribes have historically been held to have many of the same rights as any nation to govern themselves and to enjoy sovereign immunity. A government enjoying the privilege of... |
2023 |
| Rebecca Tsosie |
ACCOUNTABILITY FOR THE HARMS OF INDIGENOUS BOARDING SCHOOLS: THE CHALLENGE OF "HEALING THE PERSISTING WOUNDS" OF "HISTORIC INJUSTICE" |
52 Southwestern Law Review 20 (2023) |
As the settler colonial nations that emerged from British colonization, the United States, Canada, and Australia share a dark history of forcible acculturation of Indigenous peoples. The histories of Canada and the United States, in particular, are closely linked. The two countries share an international border that separated several Indigenous... |
2023 |
| Vanessa Racehorse , Anna Hohag |
ACHIEVING CLIMATE JUSTICE THROUGH LAND BACK: AN OVERVIEW OF TRIBAL DISPOSSESSION, LAND RETURN EFFORTS, AND PRACTICAL MECHANISMS FOR #LANDBACK |
34 Colorado Environmental Law Journal 175 (Spring, 2023) |
C1-2Table of Contents Introduction. 176 I. History of Forcible Dispossession of Indigenous Lands. 178 A. Doctrine of Discovery, Broken Treaties, and Indian Removal. 178 B. Land Back as More than a Movement. 183 II. Correlation Between Dispossession and Climate Change. 184 A. Shifting Land Management Practices. 185 1. Historical Indigenous Practices... |
2023 |
| Kathryn E. Fort |
AFTER BRACKEEN: FUNDING TRIBAL SYSTEMS |
56 Family Law Quarterly 191 (2022-2023) |
The purpose of the Indian Child Welfare Act was to allow tribes to make decisions for their own families, rather than state courts and agencies. Again and again, tribal leaders stated that they knew what to do for their tribes. Lost in our current fights over ICWA in the Supreme Court is the history of tribal leaders trying to secure funding for... |
2023 |
| A. U'ilani Tanigawa Lum |
AIA I WAI'OLI KE ALOHA 'INA: RE-CENTERING 'INA AND INDIGENOUS KNOWLEDGE FOR RESTORATIVE ENVIRONMENTAL JUSTICE |
41 UCLA Journal of Environmental Law & Policy 301 (2023) |
This Article explores Knaka Maoli's (Native Hawaiians') work to re-center principles of Indigenous biocultural resource management in decisionmaking to more fully realize restorative environmental justice. To do so, it contextualizes 'ina (land and natural resources) as Knaka Maoli's natural counterpart. Deploying a contextual inquiry framework... |
2023 |
| Steven Isaacs |
AMERICAN GIVERS: HOW THE RENEGING OF THE FEDERAL TRUST RESPONSIBILITY IMPACTS INDIAN GAMING AND CONTINUES AMERICA'S APATHETIC OPPRESSION OF NATIVE AMERICANS |
13 UNLV Gaming Law Journal 235 (Spring, 2023) |
Initially, this paper sought to answer why wealth inequality exists between tribal casinos and reservation life. Through research into the subject, this paper now offers a comprehensive overview of the many contradictions plaguing modern Native American society, explanations of why they persist, and potential ways they can be fixed. Section II of... |
2023 |
| Affie B. Ellis |
AN "ENDURING PLACE" |
46-OCT Wyoming Lawyer 20 (October, 2023) |
On June 15, 2023, the U.S. Supreme Court handed down a significant victory to supporters of tribal sovereignty and the Indian Child Welfare Act (ICWA) in Haaland v. Brackeen. Congress enacted ICWA in 1978 to stop the forced assimilation of Native American children by putting in place several important safeguards that apply to adoption and foster... |
2023 |
| Samuel Kramer |
ARE WE ATONING FOR OUR PAST OR CREATING MORE PROBLEMS: HOW COVID-19 LEGISLATIVE RELIEF LAWS ARE SHAPING THE IDENTITIES OF INDIGENOUS POPULATIONS IN NORTH AMERICA |
54 University of Miami Inter-American Law Review 169 (Spring, 2023) |
This student's note will attempt to answer three questions: 1) How Canadian and American legal precedent affects the modern identity of Indigenous Populations? 2) How COVID-19 legislative relief continues to shape indigenous identities? and 3) Can a comparative study teach legislators about enacting legislation that withstands shifts in political... |
2023 |
| Angela R. Riley |
BEFORE MINE!: INDIGENOUS PROPERTY RIGHTS FOR JAGENAGENON: MINE!: HOW THE HIDDEN RULES OF OWNERSHIP CONTROL OUR LIVES. BY MICHAEL HELLER AND JAMES SALZMAN. NEW YORK, N.Y.: DOUBLEDAY. 2021. PP. 322. $17.00 |
136 Harvard Law Review 2074 (June, 2023) |
Many of our most basic rights and fundamental freedoms-- securing bodily autonomy, patenting inventions, maintaining authority over who (and what) can live inside our homes--are shaped by property law. In a new book by Professors Michael Heller and James Salzman, Mine!: How the Hidden Rules of Ownership Control Our Lives, the authors set out to... |
2023 |
| Ashleigh Lussenden |
BLOOD QUANTUM AND THE EVER-TIGHTENING CHOKEHOLD ON TRIBAL CITIZENSHIP: THE REPRODUCTIVE JUSTICE IMPLICATIONS OF BLOOD QUANTUM REQUIREMENTS |
111 California Law Review 287 (February, 2023) |
Blood often serves as the basis for identity for many groups in the United States. Native Americans, however, are the only population in which blood is a requirement for collective belonging and can be the determining factor for whether one receives tribal benefits and services. Many Tribal Nations use blood quantum, the percentage of Indian blood... |
2023 |
| Sam J. Carter , Robin M. Rotman |
BURNING QUESTIONS: CHANGING LEGAL NARRATIVES ON CANNABIS IN INDIAN COUNTRY |
74 Mercer Law Review 993 (Spring, 2023) |
In the not-so-distant past, thoughts of Cannabis legalization in the United States were radical. In the present day, the narratives around Cannabis are changing. The term present day affixes this Article to early 2023, a snapshot in time. To understand the current legal narratives surrounding Cannabis, and what they might become in the future, it... |
2023 |
| Slam Dunkley |
CENTERING MNI WACONI IN WATER LAW: THE NATURE OF THE PONCA TRIBE OF OKLAHOMA'S WATER RIGHTS AND POTENTIAL METHODS TO ASCERTAIN THEM |
13 Arizona Journal of Environmental Law & Policy 24 (Summer, 2023) |
Water is not a natural resource. Water is a source of life that every being on this planet has an inalienable right to. For that reason, we say Mni Waconi which means Water is Life. The law of the United States, however, ignores this fact and attempts to create a means of dominion over a source of life that is sacred and gifted with the... |
2023 |
| Jeremy Rabkin |
COMMERCE WITH THE INDIAN TRIBES: ORIGINAL MEANINGS, CURRENT IMPLICATIONS |
56 Indiana Law Review 279 (2023) |
The Supreme Court's 2022 ruling in Oklahoma v. Castro-Huerta defied much current precedent and practice, as four dissenters protested. But neither side grappled with the Constitution's original meaning. Both text and early practice confirm that the federal power to regulate commerce with the Indian tribes was a different, more constrained power... |
2023 |
| Torey Dolan |
CONGRESS' POWER TO AFFIRM INDIAN CITIZENSHIP THROUGH LEGISLATION PROTECTING NATIVE AMERICAN VOTING RIGHTS |
59 Idaho Law Review 47 (2023) |
American Indians' path to citizenship and the franchise has not been straightforward nor simple. The legacy of this complicated path bears out today in the myriad of ways that Native Americans lack equitable access to voting in state and federal elections and otherwise face barriers to participating in the body politic that non-Indians do not.... |
2023 |
| Monica Shaffer |
CONSTITUTIONALITY OF REPARATIONS FOR NATIVE AMERICANS: CONFRONTING THE BOARDING SCHOOLS |
49 Mitchell Hamline Law Review 403 (April, 2023) |
I. Introduction. 404 II. Government Mistreatment of Native Americans: Boarding Schools. 405 A. Historical Context of the Boarding Schools. 405 B. The Boarding School Experience. 406 C. Historical Trauma and Direct Impact. 410 D. Ripple Effects. 412 III. About Reparations and Native Americans. 414 A. General Review. 414 B. Types of Reparations:... |
2023 |
| Erin Shields |
COUNTERING EPISTEMIC INJUSTICE IN THE LAW: CENTERING AN INDIGENOUS RELATIONSHIP TO LAND |
70 UCLA Law Review 206 (June, 2023) |
This paper argues that Indigenous peoples in the United States and Canada are subject to epistemic injustice in the law, particularly with regard to many Indigenous groups' worldviews and relationship to land. Many Indigenous cultures share a sacred connection to the traditional homelands they lived on and with, sometimes for thousands of years... |
2023 |
| Abbey Koenning-Rutherford |
DISHONORING THE EARTH: ECOCIDE AS PROSECUTABLE GENOCIDE AGAINST INDIGENOUS PEOPLE |
111 Georgetown Law Journal 1495 (June, 2023) |
C1-2Table of Contents Introduction. 1496 I. Frameworks: International Legal, Economic, Indigenous. 1499 a. international legal. 1499 b. economic. 1501 c. indigenous. 1502 II. The Genocidal Impact of Ecocide: A Prosecutable Crime?. 1503 a. what is ecocide?. 1504 b. what is genocide?. 1505 c. ecocide as prosecutable genocide in the international... |
2023 |
| Adam Crepelle , Thomas Stratmann |
DOES EXPANDING TRIBAL JURISDICTION IMPROVE TRIBAL ECONOMIES: LESSONS FROM ARIZONA |
55 Arizona State Law Journal 211 (Spring, 2023) |
In 2013, Congress reaffirmed tribes' inherent authority to prosecute all persons who commit dating violence, domestic violence, or violate a protective order against Indian women on tribal land in the Violence Against Women Reauthorization Act (VAWA). Congress required tribes to comply with strict procedural safeguards to implement VAWA. Although... |
2023 |
| |
FEDERAL COURTS--TRIBAL SOVEREIGNTY AND FISHING RIGHTS--SECOND CIRCUIT CONFIRMS EXCEPTION TO SOVEREIGN IMMUNITY FOR TRIBAL CLAIMS RELATING TO LAND AND FISHING RIGHTS.--SILVA v. FARRISH, 47 F.4TH 78 (2D CIR. 2022) |
136 Harvard Law Review 2012 (May, 2023) |
Tribal sovereignty grants Native American nations the right to govern themselves and their lands, thereby protecting, honoring, and preserving their communities and culture. Despite these guarantees, tribal sovereignty is often illusory in practice and has been systemically eroded by courts, state governments, and Congress alike, leading Native... |
2023 |
| Adam Crepelle |
FEDERAL POLICIES TRAP TRIBES IN POVERTY |
48 Human Rights 8 (2023) |
Poverty and its related maladies are a scourge upon Indian Country. Many people believe this poverty stems from Indigenous cultures' inability to adapt to Western economic models. This notion arises from the belief that North America's Indigenous inhabitants were noncommercial prior to European arrival, but this is false. Commerce with distant and... |
2023 |
| Sarah Deer |
FEMINIST JURISPRUDENCE IN TRIBAL COURTS: AN UNTAPPED OPPORTUNITY |
34 Yale Journal of Law & Feminism 80 (2023) |
What if every gendered legal issue was not burdened by over 200 years of patriarchal and racist precedent? How would feminists craft legal practices and structures in a way that would be grounded by a clear understanding of the harms of oppression and subjugation? These questions are not just rhetorical; this essay argues that a fresh perspective... |
2023 |
| Eloise Melcher |
FIVE TIMES MORE LIKELY: HAALAND v. BRACKEEN AND WHAT IT COULD MEAN FOR MAINE TRIBES |
75 Maine Law Review 369 (June, 2023) |
Abstract Introduction I. Background A. Maine's Tribal History B. Child Welfare Crisis C. The Indian Child Welfare Act D. Implementation of the Indian Child Welfare Act in Maine E. Prior Supreme Court Challenges to ICWA II. Haaland v. Brackeen A. Facts and Procedural Background B. The Fifth Circuit Decision 1. The Court's Analysis 2. Equal... |
2023 |
| Kennedy Ray Fite |
HAALAND v. BRACKEEN: THE DECISION THAT THREATENED THE INDIAN CHILD WELFARE ACT'S PROTECTIONS OF NATIVE FAMILIES IN ILLINOIS |
54 Loyola University Chicago Law Journal 1109 (Summer, 2023) |
The Indian Child Welfare Act has become a controversial piece of legislation since the Supreme Court heard oral argument on the case of Haaland v. Brackeen in November 2022 and released its decision in June 2023. The statute was originally enacted in 1978 to remedy the United States' tragic history of family separation in tribal communities,... |
2023 |
| Kieran O'Neil |
IN THE ROOM WHERE IT HAPPENS: HOW FEDERAL APPROPRIATIONS LAW CAN ENFORCE TRIBAL CONSULTATION POLICIES AND PROTECT NATIVE SUBSISTENCE RIGHTS IN ALASKA |
98 Washington Law Review 659 (June, 2023) |
Abstract: Federal-tribal consultation is one of the only mechanisms available to American Indian and Alaska Native communities to provide input on federal management decisions impacting their subsistence lands and resources. While the policies of many federal agencies require consultation, agencies routinely approach consultation as a procedural... |
2023 |
| Claire Newfeld |
INDIAN BOARDING SCHOOL DEATHS AND THE FEDERAL TORT CLAIMS ACT: A ROUTE TO A REMEDY |
55 Arizona State Law Journal 355 (Spring, 2023) |
Since their founding, the United States, Canadian, and other governments have purported to act as the protectors of Indigenous peoples. While modern federal Indian policy favors self-determination and the preservation of Native culture and land, the vast majority of pre-1960s protective policies interpreted the Native way of life as inferior... |
2023 |
| Melissa Gustafson |
INDIAN CHILD WELFARE ACT: A ROADBLOCK IN A NATIVE CHILD'S PATHWAY TO PERMANENCY |
40 Alaska Law Review 61 (June, 2023) |
The Indian Child Welfare Act (ICWA) requires the testimony of a qualified expert witness to support, beyond a reasonable doubt, the termination of parental rights in cases involving Native children. Initially, Congress expressed a preference for qualified expert witnesses to possess intimate knowledge of Native tribes' childrearing norms and... |
2023 |
| AshLynn M. Wilkerson |
INDIAN COUNTRY'S CONTINUED STRUGGLE WITH THE OPIOID CRISIS: FOCUSED PROBLEM AREAS, THE FEDERAL GOVERNMENT'S RESPONSE, AND WHAT MORE CAN BE DONE |
47 American Indian Law Review 301 (2022-2023) |
Tribes are running out of homes for children whose parents are battling opioid use, and increased rates of babies are born with neonatal abstinence syndrome--a postnatal withdrawal syndrome from in utero opioid exposure. Tribes feel preyed upon by pharmaceutical companies who have fueled the worst drug epidemic in American history and, as of... |
2023 |
| Kekek Jason Stark |
INDIAN POLICING: AGENTS OF ASSIMILATION |
73 Case Western Reserve Law Review 683 (Spring, 2023) |
[T]he police force is a perpetual educator. It is a power entirely independent of the chiefs. It weakens, and will finally destroy, the power of tribes and bands . where the Indians themselves are the recognized agents for the enforcement of the law, they will more readily learn to be obedient of its requirements. --Report of the Commissioner of... |
2023 |
| Keiteyana I. Parks |
INDIGENOUS BOARDING SCHOOLS IN THE UNITED STATES AND CANADA: POTENTIAL ISSUES AND OPPORTUNITIES FOR REDRESS AS THE UNITED STATES GOVERNMENT INITIATES FORMAL INVESTIGATION |
47 American Indian Law Review 37 (2022-2023) |
[T]he first step to justice is acknowledging these painful truths and gaining a full understanding of their impacts so that we can unravel the threads of trauma and injustice that linger. The development of the United States as a country is entwined with a legacy of painful efforts to eradicate the cultures and the presence of individuals deemed... |
2023 |
| Joseph Cauich-Tamay |
INDIGENOUS GROUPS WHO HAVE BEEN ENVIRONMENTALLY DISPLACED SHOULD BE CONSIDERED ENVIRONMENTAL ASYLEES UNDER A PARTICULAR SOCIAL GROUP |
24 Rutgers Race & the Law Review 257 (2023) |
C1-2Table of Contents I. INTRODUCTION. 257 II. CURRENT IMMIGRATION LAWS DO NOT ADEQUATELY PROTECT INDIGENOUS PEOPLE WHO HAVE BEEN ENVIRONMENTALLY DISPLACED. 264 III. LEGAL DEFINITION OF REFUGEE AND DISTINCTIONS BETWEEN ASYLEE AND REFUGEE. 267 A. Applicable Law: 8 U.S. Code § 1158. 268 B. Burden of Proof: 8 U.S. Code § 1158 (b)(1)(B)(i-iii). 269 C.... |
2023 |
| Pete Heidepriem |
INDIGENOUS RIGHTS, INVESTOR-STATE DISPUTES, AND CANADIAN LAW |
68 South Dakota Law Review 51 (2023) |
Indigenous peoples encounter serious challenges in asserting their rights and interests in the context of investor-state arbitrations arising out of international investment. Foreign direct investment occurs all over the globe, and it often has a negative effect on Indigenous communities, but the communities are not given a seat at the table if an... |
2023 |
| William J. Fife III , Beylul Solomon |
INDIGENOUS RIGHTS: A PATHWAY TO END AMERICAN SECOND-CLASS CITIZENSHIP |
32 Southern California Review of Law & Social Justice 59 (Winter, 2023) |
Nearly 4 million American residents in U.S. territories are second-class citizens, lacking individual and collective voting rights and burdened with other gross socioeconomic and healthcare disparities. These disparities affect many honorable veterans that suffer from physical and mental injuries due to fighting for rights they themselves do not... |
2023 |
| Danika Watson |
ISSUES IN IMPLEMENTING SPECIAL DOMESTIC VIOLENCE CRIMINAL JURISDICTION IN ALASKA'S TRIBAL COURTS |
40 Alaska Law Review 1 (June, 2023) |
Until 2022, all but one of the 229 Alaska tribes were barred from special domestic violence criminal jurisdiction (SDVCJ): Congress's jurisdictional tool for tribal courts to address domestic violence and hold perpetrators of violence against Alaska Native women criminally accountable. The reauthorization of the Violence Against Women Act (VAWA) in... |
2023 |
| Elizabeth Kronk Warner , Jensen Lillquist |
LABORATORIES OF THE FUTURE: TRIBES AND RIGHTS OF NATURE |
111 California Law Review 325 (April, 2023) |
The arc of the moral universe is long but it bends toward justice. --Dr. Martin Luther King, Jr. Tribes are not vestiges of the past, but laboratories of the future. --Vine Deloria, Jr. From global challenges such as climate change and mass extinction, to local challenges such as toxic spills and undrinkable water, environmental degradation and the... |
2023 |
| Hayden J. Bellenoit , Department of History, United States Naval Academy, USA, Email: bellenoi@usna.edu |
LEGAL LIMBO AND CASTE CONSTERNATION: DETERMINING KAYASTHAS' VARNA RANK IN INDIAN LAW COURTS, 1860-1930 |
41 Law and History Review 43 (February, 2023) |
This article explores how colonial law in India interacted with the construction of caste rank (varna) between 1860 and 1930. It specifically tracks contestations over Kayasthas' legal varna rank in northern and eastern India through various inheritance disputes, threading them together to shed light on how courts sought to anchor their... |
2023 |
| Maggie Blackhawk |
LEGISLATIVE CONSTITUTIONALISM AND FEDERAL INDIAN LAW |
132 Yale Law Journal 2205 (May, 2023) |
The United States has reached a moment in its constitutional history when the Supreme Court has asserted itself as not only one of, but the exclusive, audience to ask and answer questions of constitutional meaning and constitutional law. This juricentric or court-centered constitutionalism has relegated the other, so-called political branches to... |
2023 |
| Bharath Gururagavendran |
LOCATING NOVEL PROTECTIONS FOR THE TRADITIONAL KNOWLEDGE OF INDIGENOUS COMMUNITIES IN CUSTOMARY INTERNATIONAL LAW |
27 UCLA Journal of International Law and Foreign Affairs 101 (Fall, 2023) |
The international community is currently in the process of establishing multiple frameworks for protecting the traditional knowledge (TK) of indigenous peoples including through initiatives such as the Nagoya Protocol (under the Convention on Biological Diversity (CBD)), and the Intergovernmental Committee on Intellectual Property and Genetic... |
2023 |
| Adam Crepelle |
MAKING RED LIVES MATTER: PUBLIC CHOICE THEORY AND INDIAN COUNTRY CRIME |
27 Lewis & Clark Law Review 769 (2023) |
American Indians are victims of violence at higher rates than members of any other racial group. Nevertheless, Indian victims receive little media attention. Aside from the prevalence of violence against Indians, the violence is unique because of the rules governing Indian country law enforcement. Tribes, absent compliance with federally mandated... |
2023 |
| Tracy Feldman |
NATIVE AMERICAN GRAVESITES: SHIELDING LIMINAL SPACES THROUGH EXPANSION OF HISTORIC PRESERVATION ORDINANCES & ZONING CODES THAT DESIGNATE CULTURAL RESOURCES PROTECTION OVERLAY DISTRICTS & READAPT CEMETERY DEDICATION LAWS WITHIN THEIR PROVISIONS |
51 Real Estate Law Journal 203 (Spring, 2023) |
January 17, 2023 Generally gravesites and cemeteries are not considered to be places that would be listed under the National Register of Historic Places (NRHP) unless they meet certain criteria. Some of the Native American burial sites would fall under Criteria D which is defined as follows Properties may be eligible for the National Register... |
2023 |
| Noelle N. Wyman |
NATIVE VOTING POWER: ENHANCING TRIBAL SOVEREIGNTY IN FEDERAL ELECTIONS |
132 Yale Law Journal 861 (January, 2023) |
Members of tribal nations are disproportionately burdened by barriers to voting, from strict voter identification and registration requirements to inadequate language assistance and inaccessible polling locations. Restrictive voting laws are on the rise, while the avenues for challenging them under the prevailing model of voting rights are... |
2023 |
| Laura Waldman |
NO SETTLED LAW ON SETTLED LAND: LEGAL STRUGGLES FOR NATIVE AMERICAN LAND AND SOVEREIGNTY RIGHTS |
26 CUNY Law Review 220 (Summer, 2023) |
I. INTRODUCTION. 221 II. THE ROOTS OF DISPOSSESSION. 223 A. Resource Greed Drives Settlers' Theft of Native American Land. 223 B. An Ineffective Treaty Codifies Partial Sovereignty. 226 C. Allotment Further Weakens Native American Control of Land. 229 III. ROLE OF THE JUDICIARY. 232 A. Cherokee Nation Has No Standing in Cherokee Nation v. Georgia.... |
2023 |
| Stacy Leeds, Robert Miller, Kevin Washburn, Derrick Beetso, Panelists , Moderator |
OKLAHOMA v. CASTRO-HUERTA--REBALANCING FEDERAL--STATE--TRIBAL POWER |
23 Journal of Appellate Practice and Process 47 (Winter, 2023) |
This is a transcript of a discussion hosted by the Indian Legal Program, and the Indian Gaming and Tribal Self-Governance Programs, at the Sandra Day O'Connor College of Law, Arizona State University, held on July 7, 2022. It is lightly edited for brevity and clarity. DERRICK BEETSO: Good afternoon and welcome to today's presentation Oklahoma v.... |
2023 |