| Author | Title | Citation | Summary | Year |
| Morgan Sandler |
SOVEREIGN SOLUTIONS: RECLAIMING REPRODUCTIVE AUTONOMY IN OKLAHOMA INDIAN COUNTRY AFTER DOBBS |
130 Dickinson Law Review 351 (Fall, 2025) |
In the United States, Native American women face disproportionately high rates of sexual violence and adverse maternal health outcomes. In addition to these ongoing challenges, they continue to face significant barriers to reproductive healthcare access. Oklahoma's near-total abortion ban--without exceptions for rape or incest--exacerbates these... |
2025 |
| |
SPECIAL FOCUS: INDIAN LAW |
61-AUG Arizona Attorney 20 (July/August, 2025) |
Welcome to the seventh year of our annual issue dedicated to Indian Law and practice. What's not changed: committed and talented leaders of the State Bar Indian Law Section who manage to secure well-timed and helpful content. Along with our readers, we offer them deep thanks and congratulations on locating material that will assist Indian Law... |
2025 |
| LaShandra Sullivan , Department of Anthropology, Northwestern University, Evanston, Illinois, USA |
SPIRIT OWNERS, ETHNO-RACIAL CRITIQUE, AND INDIGENOUS LAND STRUGGLE IN BRAZIL |
48 PoLAR: Political and Legal Anthropology Review 1 (May, 2025) |
Received: 7 December 2023 | Revised: 21 October 2024 | Accepted: 23 November 2024 Keywords: Brazil | indigeneity | land | property | race This article ethnographically explores how the land conflict between Indigenous protesters and agribusiness complexes in Brazil offers insights for critically reevaluating matters of property and... |
2025 |
| Sadie C. Pate |
STOLEN STREAMS: TRIBAL WATER RIGHTS AND JUDICIAL TAKINGS |
49 Harvard Environmental Law Review 655 (2025) |
Tribal water rights are fundamental to tribal existence and self-determination. Yet, despite treaty protection and federal recognition of these rights for over a century, tribal communities still struggle to realize their water rights. Forced to litigate in state courts under the McCarran Amendment, tribes frequently see those rights systematically... |
2025 |
| Stacy L. Leeds , Laura Hines |
STRATEGIC LITIGATION IN PURSUIT OF INDIGENOUS JUSTICE |
73 University of Kansas Law Review 747 (April, 2025) |
Advocacy for Indigenous Nations in the United States is a long game. It can take years of coordinated efforts, combined with spontaneous opportunities, to move the Federal Indian Law needle forward. Advances have required that a variety of lawyering skills and strategies be deployed across tribal, state and federal judiciaries. Where litigation is... |
2025 |
| Gregory Ablavsky |
STRUCTURAL FEDERAL INDIAN LAW AFTER BRACKEEN |
67 Arizona Law Review 291 (Summer, 2025) |
You know, when it comes to Indian law, most of the time we're just making it up, Justice Scalia once observed. This admission echoed long-standing critiques of the Supreme Court's jurisprudence in the field, but these anxieties did not trouble the Court--until recently. Over the past two decades, the Court has begun to revisit the field's... |
2025 |
| Hannah Marquis |
TANGIBLE RECOMMENDATIONS TO EXECUTE CALIFORNIA ASSEMBLY BILL 3099: A PROACTIVE APPROACH TO COMBATTING THE MISSING AND MURDERED INDIGENOUS PEOPLE CRISIS |
58 Loyola of Los Angeles Law Review 753 (Summer, 2025) |
Indigenous people across the United States experience disproportionately high rates of violence and relatedly high rates of murders and disappearances. This phenomenon has been coined the Missing and Murdered Indigenous Peoples Crisis (MMIP), and as a state with one of the largest Indigenous populations, California also has one of the largest MMIP... |
2025 |
| Nina Bries Silva |
TERRITORY AS VICTIM: RETHINKING THE RIGHT TO REPARATION THROUGH AWÁ INDIGENOUS TERRITORIES |
119 AJIL Unbound 140 (2025) |
La tierra está enferma--the territory is sick as the result of the armed conflict, say the elders of the Awá people, one of Colombia's Indigenous groups primarily living in the region of Nariño, who preserve their native language, the Awapit, and with it an entire spiritual and cultural relationship with its territory. For the Awá people, the... |
2025 |
| Lauren Palmer |
TFPA, WILDFIRE MITIGATION, AND ADVOCATING FOR THE DISSEMINATION OF INDIGENOUS KNOWLEDGE |
42 Pace Environmental Law Review 337 (Spring, 2025) |
The United States is experiencing a multitude of environmental issues across the country, including increasingly frequent and disastrous wildfires. Simultaneously, Indigenous persons are demanding their right to self-sovereignty and working to preserve intergenerational Indigenous Knowledge including cultural burning practices. Cultural burning is... |
2025 |
| Josh Pumphrey |
THE "ARM" THAT SAVES YOU MIGHT ALSO STRANGLE YOU: THE IMPACT OF SOVEREIGN IMMUNITY ON ECONOMIC ARMS OF TRIBES AND HOW IT COULD AFFECT OTHERS' WILLINGNESS TO CONTRACT WITH THEM |
49 American Indian Law Review 117 (2025) |
Early in the history of the United States, sovereign immunity was contemplated as a shield from suit for each individual state, when that state did not consent to be sued. Alexander Hamilton argued, in The Federalist Papers No. 81, that [i]t is inherent in the nature of sovereignty not to be amenable to the suit of an individual without its... |
2025 |
| Robert A. Zauzmer , Assistant United States Attorney, Chief of Appeals, Eastern District of Pennsylvania |
THE "CATEGORICAL APPROACH" THAT OFTEN HINDERS APPLICATION OF THE HABITUAL OFFENDER STATUTE, 18 U.S.C. § 117, TO VIOLATIONS OF TRIBAL LAW |
73 Department of Justice Journal of Federal Law and Practice 63 (August, 2025) |
The horror of domestic abuse has long plagued Native American communities. One e ort to combat this scourge appears in a federal statute, adopted in 2005, that imposes significant penalties on the most serious repeat o enders. But that aim is made difficult by the categorical approach, a strange rule of statutory construction that causes mischief... |
2025 |
| Judith M. Dworkin , Candace D. French |
THE CHALLENGES OF OPERATING SKILLED NURSING AND ASSISTED LIVING FACILITIES IN INDIAN COUNTRY |
61-AUG Arizona Attorney 32 (July/August, 2025) |
The world of health care in the United States has changed dramatically in the past decade, and this is true in Indian Country as well. The COVID-19 pandemic brought unprecedented devastation and strained the U.S. system. The morbidity and mortality in skilled nursing and assisted living facilities were some of the greatest impacted during the... |
2025 |
| Deidre Y. Aanstad , Attorney Advisor & Program Coordinator, Missing or Murdered Indigenous Persons Regional Outreach Program Legal Programs, Executive Office for United States Attorneys |
THE DEPARTMENT OF JUSTICE'S ROLE IN ADDRESSING THE INCIDENCE OF MISSING OR MURDERED INDIGENOUS PERSONS |
73 Department of Justice Journal of Federal Law and Practice 45 (August, 2025) |
Addressing violent crime and enhancing public safety in Indian country is a priority for the Department of Justice (Department). The Department uses a multi-faceted approach to address public safety in Indian country: conduct federal investigations and prosecutions; work with federal, Tribal, state, and local law-enforcement partners; provide... |
2025 |
| Dr. Taino J. Palermo |
THE EROSION OF TRUST: ARIZONA v. NAVAJO, CLIMATE CHANGE, AND THE POTENTIAL ABROGATION OF TRIBAL WATER RIGHTS |
30 Roger Williams University Law Review 47 (Winter, 2025) |
The Supreme Court's ruling in Arizona v. Navajo Nation represents a pivotal moment in the ongoing struggle for tribal water rights in the United States. This decision not only impacts the Navajo Nation, but also sets a significant judicial precedent with far-reaching implications for the future of treaty-protected water rights. The Court's ruling... |
2025 |
| Jenée Durán |
THE INDIAN CHILD WELFARE ACT |
88 Texas Bar Journal 817 (November, 2025) |
The Indian Child Welfare Act (ICWA) was enacted in 1978 to protect the best interests of Indian children and to promote the stability and security of Indian tribes and families by the establishment of minimum Federal standards for the removal of Indian children from their families. ICWA was enacted in response to the high rate of forcible... |
2025 |
| Barbara A. Atwood |
THE INDIAN CHILD WELFARE ACT SURVIVES FOR NOW |
47-SPG Family Advocate 26 (Spring, 2025) |
Although family law practitioners don't encounter issues under the Indian Child Welfare Act (ICWA) on a regular basis, ICWA's provisions can impact family law practice when a Native American (or hereinafter Indian) child is the subject of certain family law proceedings, including private severance actions, stepparent adoptions, and third-party... |
2025 |
| Jay Shank |
THE INDIAN CHILD WELFARE ACT, EXCLUSIVE JURISDICTION, AND THE IMPLICIT MEMBERSHIP REQUIREMENT IN 25 U.S.C. § 1911(A) |
73 University of Kansas Law Review 691 (February, 2025) |
In 1978, after hearing testimony on the continual destruction wrought upon Indian families and tribes at the hands of state courts, Congress passed the Indian Child Welfare Act (ICWA). Congress recognized the unequal, disparate treatment Indian children were receiving in their child custody proceedings, and attempted to stop the rampant... |
2025 |
| Vaishnav M , National University of Advanced Legal Studies, Kochi 683 503, Kerala, India |
THE INDIAN REGULATORY FRAMEWORK AND THE SURGE OF UNPROVEN STEM CELL THERAPIES--A CALL FOR DIAGNOSIS |
12 Journal of Law & the Biosciences 1 (July-December, 2025) |
Stem cell science lies at the heart of regenerative medicine; it is believed to have the potential to address several otherwise incurable diseases. However, even though stem cell interventions are at the experimental stage, they are advertised as a panacea for various human maladies. India, like other jurisdictions across the globe, has witnessed... |
2025 |
| Michalyn Steele |
THE NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT AS A MODEL OF CULTURAL SOVEREIGNTY FOR PROTECTING INDIGENOUS SACRED SITES |
94 Fordham Law Review 513 (November, 2025) |
Introduction. 513 I. The History of Dispossession of Indigenous Sacred Sites. 519 II. The Hierarchy of Social Values Competing with Protecting Indigenous Sacred Sites. 521 A. Property Rights. 522 B. Economic Development. 524 C. Scientific Knowledge. 525 III. Imagining Reordered Values. 526 Conclusion. 531 |
2025 |
| Jacob Lewis |
THE NATIVE FIGHT FOR HUNTING RIGHTS: THE CROW TRIBE AND HERRERA v. WYOMING |
49 American Indian Law Review 97 (2025) |
The State of Wyoming has a long and storied history, but its history began even before it became a territory or a state. Native tribes have inhabited the region for centuries. Certainly, each tribe has left its mark on the land with Native culture and lifestyles. This Note discusses the Crow Tribe and the fight for the recognition of its hunting... |
2025 |
| Colton Gregg |
THE NAVAJO NATION AND THE COLORADO RIVER: THEIR CURRENT STATUSES AND THE TRIBE'S PATH FORWARD |
13 American Indian Law Journal 1 (January, 2025) |
C1-2Table of Contents I. Introduction. 2 II. A Relevant History of the Navajo People. 3 A. Relocating the Navajo People. 4 B. The Horrors of Bosque Redondo. 5 C. Negotiating the Navajo Treaty. 7 III. The Colorado River Controversy. 11 A. Forming the Law of the River. 12 1. The Winters Doctrine. 12 2. The Colorado River Compact of 1922. 13 4.... |
2025 |
| Nicholas B. Mauer |
THE NEED FOR LAW IN FEDERAL INDIAN LAW: A RESPONSE TO MAGGIE BLACKHAWK IN LIGHT OF THE SUPREME COURT'S TROUBLING TERM FOR TRIBAL SOVEREIGNTY |
49 American Indian Law Review 137 (2025) |
Responding to Professor Maggie Blackhawk's Feature in the Yale Law Journal and her Forward in the Harvard Law Review, this Essay challenges the endorsement of legislative constitutionalism in federal Indian law. It argues that the three federal Indian law cases of the Supreme Court's 2022 Term, all decided in the final month of the Court's 2022... |
2025 |
| Samantha Rhodes |
THE PARALLELS IN THE REPATRIATION OF CULTURAL PROPERTY: HOW THE HOLOCAUST EXPROPRIATED ART RECOVERY ACT PROVIDES A FRAMEWORK FOR A MORE EFFECTIVE NATIVE AMERICAN GRAVE PROTECTION AND REPATRIATION ACT |
30 Roger Williams University Law Review 127 (Winter, 2025) |
Imagine walking through the Smithsonian's National Museum of the American Indian, and you come upon an exhibit with a small, humanlike, ceramic figurine. The figure is approximately two feet tall and sixteen inches wide. It has a hunched back, its hands are on its knees, and is in a half-squatting position. The figure's face is wide and appears to... |
2025 |
| James S. Segee-Wright , Gavin M. Ratcliffe , Douglas Paul Thompson |
THE POTENTIAL INTERCONTINENTAL RAILWAY BETWEEN SIBERIA AND ALASKA AND ITS IMPLICATIONS FOR ALASKA NATIVE CORPORATIONS AND FEDERALLY RECOGNIZED TRIBES |
61 Idaho Law Review 233 (2025) |
This article argues that if the U.S. government wished to construct an intercontinental railway between Siberia and Alaska, then the directly impacted Alaska Native Corporations (ANCs) and federally recognized Tribes nearby would need to first consent to and authorize the construction. After the Alaska Native Claims Settlement Act in 1971, ANCs own... |
2025 |
| Grant Christensen |
THE RIGHT TO PROTEST IN INDIAN COUNTRY |
125 Columbia Law Review 1139 (June, 2025) |
From April 2016 until February 2017, thousands of people gathered along the Cannonball River on the border of the Standing Rock Sioux Reservation to protest the construction of the Dakota Access Pipeline. In response, state officials tried to close down roads leading to the Reservation, considered legislation that would immunize drivers who struck... |
2025 |
| Matthew L.M. Fletcher |
THE SOVEREIGNTY PROBLEM IN FEDERAL INDIAN LAW |
71 UCLA Law Review 1662 (July, 2025) |
There is a sovereignty problem in federal Indian law--namely, that the federal government's sovereign defenses prevent tribal nations and individual Indian people from realizing justice in the courts. Often, compelling tribal and Indian claims go nowhere as the judiciary defers to the interests of the United States, even where Congress has... |
2025 |
| J. Eric Reed |
THE STATUS OF TEXAS INDIGENOUS GROUPS |
88 Texas Bar Journal 810 (November, 2025) |
Currently, there are 574 Native American Tribes and Native Alaskan Villages in the United States federally recognized. There are also other indigenous communities, groups, and peoples that are not federally recognized. In some cases where an indigenous group is not federally recognized in the U.S., some indigenous groups are state-recognized... |
2025 |
| Monte Mills |
THE SUPREME COURT'S OLD HABITS IN A NEW ERA? NATIVE NATIONS, STATEHOOD, AND AN INDIGENOUS-LED FUTURE FOR NATURAL RESOURCES |
77 Stanford Law Review Online 139 (June, 2025) |
After rising from the depths of eras in which the United States intended to eliminate Native Nations, tribal sovereignty remains ascendant. With respect to natural resources, the governance of Native Nations has expanded to more fully occupy the legal space reserved in treaties with the United States. Across the country, Native Nations have built... |
2025 |
| Ian Smith, Heather Tanana |
THE SUPREME COURT'S USE OF HISTORICAL EVIDENCE IN RECENT INDIAN LAW CASES |
39-WTR Natural Resources & Environment 4 (Winter, 2025) |
Justice Neil Gorsuch opened his opinion in the landmark case McGirt v. Oklahoma with a passage that underscored both his understanding of the Muscogee (Creek) Nation's treaty and removal history and the importance of that history in his decision. After briefly recounting the series of negotiations that led to the Tribe's removal from their... |
2025 |
| Matthew L.M. Fletcher |
THE THREE LIVES OF MAMENGWAA: TOWARD AN INDIGENOUS CANON OF CONSTRUCTION |
134 Yale Law Journal 696 (January, 2025) |
ABSTRACT. For too long, tribal judiciaries have been an afterthought in the story of tribal self-determination. Until the last half-century, many tribal nations relied on federally administered courts or had no court systems at all. As tribal nations continue to develop their law-enforcement and police powers, tribal justice systems now play a... |
2025 |
| Michael Harder , Assistant United States Attorney, Western District of Washington |
THE TRIBAL WARRANTS LOOPHOLE: THE WASHINGTON SOLUTION |
73 Department of Justice Journal of Federal Law and Practice 91 (August, 2025) |
Tribal governments regularly exercise criminal jurisdiction to prosecute crimes that arise in Indian country. The exercise of some of that criminal jurisdiction is realized purely through inherent Tribal sovereignty. A century of caselaw attempting to clarify the relationship among federal, state, and Tribal governments has also shaped the exercise... |
2025 |
| Skylar Logan Wiseman |
THE UNTENABILITY OF JUSTICE CLARENCE THOMAS'S INDIAN LAW JURISPRUDENCE: CONFRONTING THE INDIAN COMMERCE CLAUSE TO ADDRESS THE PROBLEM OF HISTORICAL CHANGE IN FEDERAL INDIAN LAW |
13 American Indian Law Journal 1 (January, 2025) |
By viewing the Indian Commerce Clause as conferring only a modest grant of federal power over Indian affairs--a power limited solely to trade in the economic sense of the word--Justice Clarence Thomas has subjected the Court's Indian law jurisprudence to a wide-ranging originalist critique that, if successful, would invalidate nearly all of federal... |
2025 |
| Kekek Jason Stark |
THE UTMOST RIGHTS AND INTERESTS OF THE INDIANS: TRIBAL LAW INTERPRETATIONS OF THE INDIAN CIVIL RIGHTS ACT |
30 Texas Journal on Civil Liberties & Civil Rights 270 (Spring, 2025) |
Our Indian courts are necessary if tribal governments are to exercise the sovereign prerogatives of tribes as recognized by Congress and the federal courts. It is the job of Indian tribunals to interpret tribal laws and to apply them evenly to everyone under tribal jurisdiction. Congress has mandated in the Indian Civil Rights Act that this be... |
2025 |
| Leslie A. Hagen , James V. DeBergh , Assistant Director, Office of Legal Education, Attorney Advisor, Office of Tribal Justice |
THE VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT OF 2022 AND THE RETURN OF TRIBAL CRIMINAL AUTHORITY IN ALASKA |
73 Department of Justice Journal of Federal Law and Practice 19 (August, 2025) |
All crimes are reprehensible, but the rates at which Alaska Native people are murdered, raped, and suffer from violent crime are all higher than national averages. We live in shadows. We live in the shadows of women who if they were features of landscape would be the tallest mounts, the widest rivers, the deepest part of our literary oceans, while... |
2025 |
| Sara K. Van Norman |
THE WAY BACK HOME: THE INDIAN LAND TENURE FOUNDATION'S SURVEY OF TRIBAL LAND-BACK PROJECTS ACROSS THE UNITED STATES |
53 Urban Lawyer 7 (January, 2025) |
There are many analyses of the violent and centuries-long American project to take Indian lands from tribes. There are also concerted and high-profile federal initiatives, driven by tribal partnership, lobbying, and litigation, that have arisen over the past several decades that serve to facilitate consolidation and reacquisition of tribal lands.... |
2025 |
| Michael T. Combrink , Diana Elston-Miller |
TORT CLAIMS IN INDIAN COUNTRY |
61-AUG Arizona Attorney 46 (July/August, 2025) |
As a sovereign entity, the United States of America is immune from suit. Historically, unless the federal government consented to a lawsuit, plaintiffs had no recourse when federal employees committed torts. Before the Federal Tort Claims Act (FTCA), Congress had to create specific waivers of sovereign immunity for the U.S. to be sued. The FTCA... |
2025 |
| Ivy K. Chase |
TRIBAL AUTHORITY TO ISSUE SEARCH WARRANTS TO NON-TRIBAL ENTITIES OR ON NON-INDIAN LAND WITHIN RESERVATION BOUNDARIES |
49 American Indian Law Review 15 (2025) |
At a U.S. Senate hearing for the Committee on Indian Affairs in 2010, Sen. Jon Tester said, We have had many, many hearings in this Committee about public safety and the crime rate and what is going on in Indian Country. All of it is very distressing. Communities within Indian Country face some of the most dangerous living conditions in the... |
2025 |
| Adam Crepelle |
TRIBAL CIVIL PROCEDURE: AN UNEXPLORED PATH TO SOVEREIGNTY AND ECONOMIC DEVELOPMENT |
77 Florida Law Review 1737 (September, 2025) |
This Article argues civil procedure reform is a means of strengthening tribal sovereignty and economies. Although tribal civil procedure codes are largely consistent with their state and federal counterparts, tribal rules of procedure can be difficult to locate. The inability to locate tribal rules of procedure has led the Supreme Court to diminish... |
2025 |
| Grant Christensen |
TRIBAL COURTS ARE COURTS OF GENERAL JURISDICTION |
77 Florida Law Review 679 (March, 2025) |
Twenty years ago, the Supreme Court misread its precedents and took a shortcut to do what was simpler instead of what was right. It determined, without examining the origins of tribal judicial power, that tribal courts are not courts of general jurisdiction. Writing for the majority in Nevada v. Hicks, Justice Antonin Scalia concluded that in... |
2025 |
| John Beaty |
TRIBAL EMINENT DOMAIN: SOVEREIGNTY GAPS AND POLICY SOLUTIONS |
55 New Mexico Law Review 37 (Winter, 2025) |
This Article addresses the existence and scope of the tribal power of eminent domain. American Indian Tribes are sovereign entities within the United States and can exercise many traditional government powers. However, centuries of actions by the United States' executive, legislative, and judicial branches have eaten away at the fabric of tribal... |
2025 |
| Megan Carrasco, (https://businesslawtoday.org/author/megan-carrasco/), Snell & Wilmer LLP |
TRIBAL JOINDER IN THE AGE OF SPORTS BETTING |
2025-APR Business Law Today 12 (April, 2025) |
Sports betting is big business, and it's sweeping the nation. In some states, Indian Tribes are the only entities that can provide sports betting services. In other states, both Tribes and major sportsbooks (e.g., Draft Kings) can provide sports betting services. For example, in Arizona, the state designates some betting licenses for major... |
2025 |
| Angela R. Riley |
TRIBAL LAW INNOVATIONS IN NATIVE GOVERNANCE |
71 UCLA Law Review 1742 (July, 2025) |
This Article examines how tribal law has become a critical tool in advancing Native self-determination and good governance across Indian country. I analyze three key areas of innovation: the incorporation of the United Nations Declaration on the Rights of Indigenous Peoples into tribal legal systems, the rapid expansion of tribal laws protecting... |
2025 |
| Nicholas J. Stamates |
TRIBAL LEGAL LICENSING OF ATTORNEYS, HOUSE COUNSEL STATUS, AND THE OPPORTUNITY TO REDEFINE THE JD PREFERRED POSITION AND THE ENTIRE LAWYER ECOSYSTEM |
30 Michigan Journal of Race and Law 103 (Spring, 2025) |
The recognized right of Indian Tribes to license has been a known reality dating back to the Supreme Court's ruling in Worcester v. Georgia, 31 U.S. 515 (1832) where state law was found inapplicable on the lands of the Cherokee. However, the modern implications of tribal licensing and regulation have only just begun to be explored in the context of... |
2025 |
| Alexander Mallory |
TRIBAL PROGRAMS REMAIN INTACT DESPITE DEI EXECUTIVE ORDERS |
61-AUG Arizona Attorney 40 (July/August, 2025) |
This article summarizes President Trump's recent executive orders on Diversity, Equity and Inclusion (DEI) and explains why those orders do not affect tribal programs. It provides an overview of the executive orders, discusses the distinct legal status of tribal programs, and offers recommendations to Indian law practitioners on how to ensure... |
2025 |
| Declan Smith |
TRIBAL RECOGNITION AND RHODE ISLAND: TOWARDS A RECOGNITION PROCESS FOR THE OCEAN STATE |
30 Roger Williams University Law Review 620 (Summer, 2025) |
For decades, Indian tribes unrecognized by the federal government have sought to establish government-to-government relationships with states across the country. In the wake of these efforts, and often undeniable political realities, nearly half of these states have since adopted procedures for tribal recognition or formalized older methods of... |
2025 |
| Lauren van Schilfgaarde |
TRIBAL REVESTITURE |
77 Stanford Law Review Online 183 (June, 2025) |
Tribes have a precarious political posture in relation to the United States. Tribes are distinctly sovereign and extra-constitutional, but are also without meaningful external infrastructure to define and protect their legal status in relation to the United States. That is, the U.S. recognizes Tribes as domestic dependent nations, but can, at any... |
2025 |
| Kekek Jason Stark |
TRIBAL SOVEREIGN IMMUNITY: ABSOLUTE AUTHORITY OR ACCOUNTABILITY |
86 Montana Law Review 173 (Summer, 2025) |
Accountability within the Anishinaabe value system is ever-present and formed reciprocally between leaders, clans, families and individuals. The power rests with and is enforced by the people, and the leader or chief is a representative of what the collective will is. In the wake of the recent United States Supreme Court decision of Trump v.... |
2025 |
| Desmond Mantle |
TRIBAL SOVEREIGNTY, JUSTICE GORSUCH, AND THE LETTER OF THE LAW |
77 Stanford Law Review Online 237 (June, 2025) |
I meant what I said, and I said what I meant. An elephant's faithful, one hundred percent! --Dr. Seuss, Horton Hatches the Egg This Comment seeks to defend Justice Neil Gorsuch's approach to statutory interpretation, arguing against pragmatist efforts to reduce the Supreme Court's reliance on textualism and against efforts by fellow self-proclaimed... |
2025 |
| Paul Baumgardner |
TRIBES IN THE TEXT: HOW STATE CONSTITUTIONS STRUCTURE GOVERNMENTAL RELATIONSHIPS WITH NATIVE TRIBES |
70 South Dakota Law Review 487 (2025) |
Although there has been a flurry of recent court cases that acknowledge the important role of state governments in tribal affairs, relatively little scholarly attention has been given to how American states actually relate to Native individuals, communities, or institutions. One way to begin outlining the nature of modern state-tribal relationships... |
2025 |
| Peyton Souvenir |
UNDERSTANDING FEDERAL RECOGNITION: A STUDY OF THE PROCEDURAL PATHWAYS AND THE CHINOOK INDIAN NATION |
26 Oregon Review of International Law 263 (2025) |
Introduction. 264 I. The Three Routes to Federal Recognition. 266 A. Administrative Acknowledgment. 266 1. Federal Recognition Process of 1978. 266 2. Federal Recognition Today. 268 B. Legislative Acknowledgment. 272 1. Virginia Tribes. 272 2. Lumbee Tribe of North Carolina. 273 C. Judicial Determinations. 274 1. Passamaquoddy Tribe v. Morton. 275... |
2025 |