| Author | Title | Citation | Summary | Year |
| Joseph M. Raimondi |
LOOSEN UP: THE FOLLIES OF STRICT CONSTRUCTION AS APPLIED TO A STATUTORY TRIBAL SOVEREIGN IMMUNITY WAIVER |
98 Saint John's Law Review 161 (2024) |
On February 9, 2020, Brian Coughlin attempted suicide, leading to an eleven-day stint at the hospital. He was experiencing overwhelming stress, anxiety and lack of hope for a better life. He had recently filed for bankruptcy, which normally triggers a stay that prevents creditors from engaging in any act to collect, assess, or recover a claim... |
2024 |
| Trent Wallace |
MAU FOREST EVICTIONS IN KENYA: HOW AN INTERNATIONAL TRIBUNAL'S AFFIRMATION OF INDIGENOUS RIGHTS DIFFERS FROM FEDERAL INDIAN LAW IN THE UNITED STATES |
34 Indiana International & Comparative Law Review 309 (2024) |
Many proponents of Indigenous rights in the United States advocate for the domestic legal system to adopt international law standards to strengthen the rights of American Indians and Tribes. This proposition assumes that domestic law is inconsistent with international law standards. In this Note, the author contrasts a recent decision from an... |
2024 |
| Caroline Baltay |
MINORITY INDIGENOUS LANGUAGE RIGHTS LAWS: A COMPARATIVE STUDY |
38 Emory International Law Review 485 (2024) |
C1-2Table of Contents Introduction. 486 I. Linguistic Classifications. 487 A. Minority and Majority Languages. 487 B. Indigenous and Immigrant Languages. 488 C. Official Language Status. 490 II. Rationale for Language Rights and Protection. 491 A. Access to Other Human Rights. 492 B. Culture. 493 C. Education. 494 III. Levels of Linguistic Rights.... |
2024 |
| Laura Ospina |
MISSING THE MARK: HOW LEGISLATIVE ADJUSTMENTS TO THE DISPARAGEMENT CLAUSE COULD PROMOTE THE REVOCATION OF TRADEMARKS FOR PROFESSIONAL SPORTING TEAMS REFERENCING NATIVE AMERICAN CULTURE |
31 Jeffrey S. Moorad Sports Law Journal 183 (2024) |
A professional sporting team's name and logo are critical to creating a team brand and further creating long-term relationships with its fan base. A strong team name creates an emotional link with the fan base. But what happens when teams miss the mark on their name and logo? This question has been raised primarily in regard to teams whose names... |
2024 |
| Philomena Kebec, J.D. |
NALOXONE AND METHADONE ACCESS IN TRIBAL COMMUNITIES |
45 Mitchell Hamline Law Journal of Public Policy and Practice 1 (Symposium 2024) |
I. Tribal jurisdictional frameworks are critical to understanding the relationship between federally recognized Indian Nations, the states, and the federal government.. 3 II. Tribally Led, Evidence-Based Solutions are Needed to Address the Opioid Crisis. 5 III. Wisconsin's Policies on Naloxone and Overdose Prevention Promote Mainstream Uptake, but... |
2024 |
| Lillian Alvernaz |
NATIONAL NATIVE AMERICAN LAW STUDENTS ASSOCIATION MOOT COURT COMPETITION |
49-MAY Montana Lawyer 14 (April/May, 2024) |
The bench was hot! The all-Indigenous final judge panel at the National Native American Law Students Association (NNALSA) Moot Court were relentless in their questioning of the two last standing teams in the competition. The Tribal Law and Federal Indian Law students from across the country were ready and provided the back and forth with the judges... |
2024 |
| Brett G. Roberts |
NATIVE AMERICANS IN THE CLUTCHES OF CATHOLICISM: HOW CATHOLICISM AND NATIVE RIGHTS CONNECT VIA NATURAL LAW IN A WORLD THAT WANTS YOU TO BELIEVE OTHERWISE |
22 Ave Maria Law Review 44 (Spring, 2024) |
Native American cultures and the good news are not two competing ideas. They can and do merge, as can be seen in how God's grace fulfills the lives of so many Native Americans. With a deeper understanding of the Native American Catholic communities, we, as a Church, are better able to unify both the faith and the cultures that guide Catholic... |
2024 |
| Alexandra Rawlings , DIRECTING ATTORNEY OF THE INDIAN LAW PROJECT AND WORKER'S RIGHTS LAW PROGRAM, NEVADA LEGAL SERVICES |
NEVADA LEGAL SERVICES'S INDIAN LAW PROJECT: SERVING NEVADA'S TRIBAL COMMUNITIES |
32-FEB Nevada Lawyer 8 (February, 2024) |
The information provided in this article is not, and is not intended to, constitute legal advice. All information in this article is for general informational purposes only. The Indian Law Project (ILP) of Nevada Legal Services Inc. provides free legal services to tribes and tribal members. The work of ILP focuses on housing preservation and family... |
2024 |
| Hon. Patricia Lenzi , CHIEF JUDGE OF THE WINNEMUCCA INDIAN COLONY TRIBAL COURT |
NEVADA'S TRIBAL COURTS: APPLICABLE LAWS, COURT RULES, AND CONTACT INFORMATION |
32-FEB Nevada Lawyer 13 (February, 2024) |
There are 20 federally recognized tribes in Nevada. Federally recognized means that the federal government acknowledges the tribe as eligible for federal funding. There are 28 reservations. Some tribes have political subdivisions called bands, colonies, or communities. Tribes in Nevada can have multiple bands, colonies, or communities. Tribal... |
2024 |
| Ted Shepherd |
NOT "INDIAN" ENOUGH: FREEDMEN, JURISDICTION, AND EQUAL PROTECTION |
2024 Pepperdine Law Review 43 (2024) |
Beginning in the 17th century, many American Indians owned enslaved African workers. They stopped only at the end of the Civil War, when several Tribal Nations signed treaties with the federal government requiring them to emancipate their enslaved workers. The treaties also required the Nations to enroll these Freedmen and their descendants as... |
2024 |
| Steve Titla , Alex Ritchie , Lloyd Miller |
ON BECERRA v. SAN CARLOS APACHE TRIBE |
61-SEP Arizona Attorney 12 (September, 2024) |
On June 6, 2024, in Becerra v. San Carlos Apache Tribe, the Supreme Court held in favor of the San Carlos Apache Tribe and the Northern Arapaho Tribe of Wyoming in a dispute over recovery of their unreimbursed overhead costs from the Indian Health Service (IHS). The Court ruled 5 to 4. The Court decided the case on construing the contract terms... |
2024 |
| Elisa Morgera |
PARTICIPATION OF INDIGENOUS PEOPLES IN DECISION MAKING OVER DEEP-SEABED MINING |
118 AJIL Unbound 93 (2024) |
In this essay, I reflect on the challenges and opportunities in ensuring the genuine and meaningful participation of Indigenous peoples at the International Seabed Authority (ISA), with a view to giving due consideration to Indigenous peoples' human rights and integrating their knowledge into international decisions on deep-seabed mining. The essay... |
2024 |
| Lukas Schnepel |
PLANT INTELLECTUAL PROPERTY: A COMPARATIVE ANALYSIS OF AMERICAN, EUROPEAN, AND INDIAN LAW WITH A FOCUS ON ECONOMIC DEVELOPMENT IN THE 21 CENTURY |
33 Transnational Law & Contemporary Problems 316 (Spring, 2024) |
This paper is about the relationship between the intellectual property (IP) law of plants, plant innovation, and contemporary economic development. Its thesis is that plant innovation impacts economic development, and that plant IP law can be reformed to drive economic development in ways that are more tailored to 21 century concerns.... |
2024 |
| Mohammad Hasan |
POLITICS OF RECOGNITION AND INDIGENOUS PEOPLES IN BANGLADESH |
30 Southwestern Journal of International Law 126 (2024) |
L1-2Abstract . L3127 L1-2Introduction . L3128 I. Indigenous Peoples: From Past to Present. 131 II. Methodology. 137 III. Who Are Indigenous Peoples?. 139 A. Debates Over Identifying and Defining Indigenous Peoples. 139 B. Defining Indigenous Peoples Under International Law. 145 IV. The Test of Indigeneity in Bangladesh. 149 A. Self-Identification... |
2024 |
| Aryeh J. Price |
POST-TERRESTRIAL INDIAN GAMING |
14 UNLV Gaming Law Journal 201 (Spring, 2024) |
Remember the sky that you were born under, know each of the star's stories. Remember the moon, know who she is. --Joy Harjo U.S. Federal Indian Law is built upon presumptions that tribal sovereign power derives from land claims. But as the digital economy grows, land-based constraints on tribal authority effectively punish tribes who attempt to... |
2024 |
| Madelaine Ackermann |
PRESERVING ECUADOR'S NATURAL WONDERS: A REVOLUTIONARY APPROACH TO PROTECTING INDIGENOUS COMMUNITIES' ANCESTRAL LANDS |
32 Michigan State International Law Review 433 (2024) |
South America, home to the Amazon Rainforest, is essential for combating climate change. Historically, thousands of indigenous groups have called the Amazon home, but have been forced off their land and have been granted no legal rights to their land. Although several countries in South America have expressed the importance of preserving the... |
2024 |
| Jessica L. Gibree |
PRESERVING SACRED GROUND: VALUING CULTURE IN COMPENSATION FOR INDIGENOUS PEOPLES |
42 Quinnipiac Law Review 429 (2024) |
I. Introduction. 430 II. History of Indigenous Culture in the United States. 432 A. Indigenous Connection to Land. 432 B. Colonialism and Culture. 434 C. Climate Crisis and Culture. 436 III. Liability for Loss of Culture. 437 A. Exxon Valdez Oil Spill. 437 B. Exxon Valdez Litigation. 439 C. The Judicial Trend. 440 IV. Recognizing Compensation for... |
2024 |
| Lisabelle Panossian |
PROTECTING HUMANITY'S CRADLE OF CIVILIZATION: ADVANCING THE RIGHT TO SELF-DETERMINATION FOR INDIGENOUS PEOPLES IN THE MIDDLE EAST & SOUTH CAUCASUS |
22 Northwestern Journal of Human Rights 149 (April, 2024) |
The author dedicates this piece to her great grandmothers, Takouhie Keshishian and Liza Jacob, who survived the 1915 Armenian, Assyrian, and Greek Genocide. During this paper's drafting, an indigenous people's independent government collapsed. For over thirty years, the Republic of Artsakh was a de facto independent region inside the... |
2024 |
| John D. Leshy |
PUBLIC LANDS AND NATIVE AMERICANS: A GUIDE TO CURRENT ISSUES |
47 Public Land & Resources Law Review 1 (2024) |
I. Introduction. 1 II. Dispossession History in Relation to Today's Public Lands. 5 III. Many Native Americans and Non-Native Public Land Protection Advocates Have Strong Common Interests. 9 IV. U.S. Protection of Culturally Important Public Lands. 10 V. The Climate Challenge. 13 VI. Other Complications in Addressing Native Concerns on Public... |
2024 |
| Dylan R. Hedden-Nicely |
REBALANCING WINTERS: INDIGENOUS WATER RIGHTS AND CLIMATE CHANGE IN THE WESTERN UNITED STATES |
48 Harvard Environmental Law Review 489 (2024) |
C1-2Table of contents Introduction. 490 I. The Historical Development of Western Water Law. 491 II. The Devolution of the Quantification Method for Reserved Irrigation Water Rights for Tribes. 496 A. The Original Understanding of the Winters Doctrine. 496 B. The Balance Struck in Arizona v. California. 508 C. The Contemporary Method for Estimating... |
2024 |
| Morgan Gray |
RECLAIMING THE AIRWAVES: AN ANALYSIS OF CLAIMS TO WIRELESS SPECTRUM BY TRIBAL NATIONS BASED ON TREATY OBLIGATIONS AND THE FEDERAL TRUST RESPONSIBILITY |
76 Federal Communications Law Journal 295 (January, 2024) |
C1-2Table of Contents I. Introduction. 297 II. Background. 299 A. Wireless Spectrum Allocation in the United States. 299 B. Federal Trust Responsibility & Treaty Obligations. 301 1. Supreme Court Jurisprudence on the Trust Responsibility. 301 a. Courts on Congress's Obligation to Act Pursuant to the Trust Responsibility. 302 b. Courts Recognize the... |
2024 |
| Taylor Graham |
RESOLVING CONFLICTS BETWEEN TRIBAL AND STATE REGULATORY AUTHORITY OVER WATER |
112 California Law Review 625 (April, 2024) |
In 2017, the Agua Caliente Band of Cahuilla Indians affirmed their legal right to water in a landmark victory in the Ninth Circuit Court of Appeals. In an exercise of its sovereign authority, the Tribe then implemented a permit system to regulate use of the groundwater underlying its reservation. But local and state water agencies already have a... |
2024 |
| Kekek Jason Stark |
RESPONSIBLE GOVERNANCE AND TRIBAL CUSTOMARY RIGHTS |
59 Harvard Civil Rights-Civil Liberties Law Review 27 (Spring, 2024) |
[T]raditional laws are fundamental laws of society and are derived from custom--[the] language, ceremonies, teachings and value system of the Tribal Nation. C1-2Table of Contents Introduction. 27 I. Responsible Governance. 28 II. Tribal Customary (Fundamental) Rights. 34 A. Citizenship Rights. 39 1. Land Use (Property) Rights. 43 B. Employment... |
2024 |
| Lauren van Schilfgaarde |
RESTORATIVE JUSTICE AS REGENERATIVE TRIBAL JURISDICTION |
112 California Law Review 103 (February, 2024) |
For more than a century, the United States has sought to restrict Tribal governments' powers over criminal law. These interventions have ranged from the imposition of federal jurisdiction over Indian country crimes to actively dismantling Tribal justice systems. Two particular moves--diminishing Tribal jurisdiction and imposing adversarial... |
2024 |
| M. Henry Ishitani , Alexandra Fay |
REVISING THE INDIAN PLENARY POWER DOCTRINE |
29 Michigan Journal of Race and Law 1 (Spring, 2024) |
The federal Indian law doctrine of Congressional plenary power is long overdue for an overhaul. Since its troubling nineteenth-century origins in Kagarna v. United States (1886), plenary power has justified invasive Congressional interventions and undermined Tribal sovereignty. The doctrine's legal basis remains a constitutional conundrum. This... |
2024 |
| John R. Welch , Robert Alan Hershey |
REVISITING AMERICAN INDIAN TREATY RIGHTS IN ARIZONA |
60-AUG Arizona Attorney 18 (July/August, 2024) |
Once an episodically pertinent subfield of American Indian Law, Treaty Law is regaining prominence in the wake of Supreme Court opinions in Minnesota et al. v. Mille Lacs Band of Chippewa Indians et al., Washington State Department of Licensing v. Cougar Den Inc., McGirt v. Oklahoma, and Arizona v. Navajo Nation. Treaties often have been downplayed... |
2024 |
| Alexis Studler |
REVIVING INDIAN COUNTRY: EXPANDING ALASKA NATIVE VILLAGES' TRIBAL LAND BASES THROUGH FEE-TO-TRUST ACQUISITIONS |
29 Michigan Journal of Race and Law 125 (Spring, 2024) |
For the last fifty years, the possibility of fee-to-trust acquisitions in Alaska has been precarious at best. This is largely due to the Alaska Native Claims Settlement Act of 1971 (ANCSA), which eschewed the traditional reservation system in favor of corporate land ownership and management. Despite its silence on trust acquisitions, ANCSA was and... |
2024 |
| Michelle Diffenderfer, Katherine Hupp |
RIPPLE EFFECTS FOR TRIBES AFTER COURT CUTS AGENCY POWER |
56 ABA Trends 5 (November/December, 2024) |
Federal Indian law in the United States is a complex field centered on the legal relationship between the federal government and Indian Tribes and rooted in the principle of tribal sovereignty recognized in the United States Constitution. Over time, treaties, statutes, court decisions, agency regulations, and Executive Orders have recognized a... |
2024 |
| Shania L. Kee |
SAAD EÍ DATA: FORMALIZING THE INDIGENOUS DATA SOVEREIGNTY MOVEMENT WITHIN THE NAVAJO NATION LEGAL SYSTEM, A COMPARISON TO THE MORI'S DATA GOVERNANCE MODEL |
41 Arizona Journal of International and Comparative Law 74 (2024) |
C1-2Table of Contents I. Introduction. 75 II. Development of IDSov & IDGov. 78 A. International Law. 79 B. Applying IDGov to Tribes or specific Nations. 81 III. The Mori's Application of IDGov. 82 A. The Mori people's relationship with New Zealand. 83 1. Treaty of Waitangi. 83 2. Waitangi Tribunal. 84 3. New Zealand Law Commission. 85 B. New... |
2024 |
| Leo Baskatawang |
SACRED TEACHINGS, SACRED LAW: TRUTH AND RECONCILIATION OF INDIGENOUS LEGAL ORDERS IN CANADA |
32 Michigan State International Law Review 1 (2024) |
This article reflects on the presence of Indigenous laws that were present on Turtle Island, or what is now known as North America, prior to the period of European colonization. This is done through an analysis of the Anishinaabe Creation Story, which encompasses the Seven Sacred Teachings (Respect, Humility, Honesty, Bravery, Love, Wisdom, and... |
2024 |
| Jonathan Liljeblad |
SEA PEOPLES & MARINE PLASTIC POLLUTION IN SOUTHEAST ASIA: AN INTERNATIONAL HUMAN RIGHTS APPROACH IN SUPPORT OF INDIGENOUS RIGHTS TO ENVIRONMENT |
27 UCLA Journal of International Law and Foreign Affairs 59 (Spring, 2024) |
The paper explores the potential for international human rights law to further articulation of indigenous rights to environment. The paper does so by using the case of sea peoples struggling against marine plastic pollution in Southeast Asia as an illustration clarifying how provisions in international human rights instruments can advance... |
2024 |
| Mariaelena Huambachano |
SEEDING A MOVEMENT: INDIGENOUS FOOD SOVEREIGNTY |
78 University of Miami Law Review 390 (Spring, 2024) |
For many Indigenous peoples, well-being is bound up with and inseparable from the natural world. But since colonialism, Indigenous traditions and access to traditional foods or foodways have been disrupted, imperiling their health and well-being. In this Article, I discuss the role of Indigenous cosmovision/worldview and Indigenous Food Sovereignty... |
2024 |
| Chairwoman Charlene Nelson , Geoff Strommer |
SEEKING HIGHER GROUND--HOW CONGRESS CAN HELP TRIBES BEING PUSHED TO THEIR LIMITS DUE TO CLIMATE CHANGE |
49 Human Rights 8 (2024) |
After months and years of natural disasters and extreme weather events, even the skeptics are having a hard time denying the obvious: climate change is here. And the climate refugees are coming. Many of the first will be Indigenous people, who are often those most affected by climate impacts and who, from all over the world, have been sounding the... |
2024 |
| Nancy Fu |
SPEAKING AUTHORSHIP: HONORING INDIGENOUS LANGUAGE SOVEREIGNTY IN JOINT AUTHORSHIP DOCTRINES |
45 Cardozo Law Review 1613 (June, 2024) |
C1-2Table of Contents Introduction. 1614 I. Historical Treatment of Indigenous People and Languages in the United States. 1617 A. Legal Landscape of Federal Indigenous Law. 1620 B. Copyright Law, Oral Traditions, and Language. 1623 1. Interconnection Between Language, Oral Traditions, and Culture. 1623 2. Copyright Law Is in Tension with Indigenous... |
2024 |
| Breanna K. Bollig |
STEPHEN C. v. BUREAU OF INDIAN EDUCATION: REINVIGORATING THE FEDERAL RIGHT TO EDUCATION FOR INDIAN CHILDREN |
71-SPG Federal Lawyer 62 (Spring, 2024) |
Today, there are 183 federally funded Bureau of Indian Education (BIE) schools that primarily serve Indian children who live on or near reservations. Despite Indian children having a federal right to education, however, BIE schools are in far worse conditions than state public schools. In addition to BIE school inadequacies, historical trauma... |
2024 |
| Ada Montague Stepleton , Sapphire Carter |
STRANGE BEDFELLOWS: STATES, TRIBES, AND WATER RIGHTS |
47 Public Land & Resources Law Review 77 (2024) |
I. Introduction. 79 II. Research Process. 83 III. Legal Background. 84 A. General Overview of Reserved Indian Water Rights. 85 B. The Winters Doctrine. 85 C. McCarren Amendment. 88 D. State Water Administration Systems. 90 1. Prior Appropriation and Federally Reserved Indian Water Rights. 90 2. Riparian Rights and Federally Reserved Indian Water... |
2024 |
| Stephen D. Earsom |
STRIKING BEFORE THE IRON IS HOT: HOW TRIBES IN THE EAST CAN ASSERT THEIR WINTERS RIGHTS TO PROTECT TRIBAL SOVEREIGNTY & MITIGATE CLIMATE CHANGE |
42 Virginia Environmental Law Journal 47 (2024) |
Federally recognized tribes have been denied access to their legal allotments of water for over two centuries through a combination of federal assimilation and annihilation programs, inequitable provision of irrigation systems by federal agencies, and hostile state governments. The Winters doctrine is leaned upon heavily by tribes in the western... |
2024 |
| Alexander Mallory |
STUDENTS FOR FAIR ADMISSIONS AND INDIAN COLLEGE ADMISSIONS |
60-AUG Arizona Attorney 40 (July/August, 2024) |
In June 2023, the United States Supreme Court issued Students for Fair Admissions Inc. v. President & Fellows of Harvard College (SFFA Decision) holding that Harvard College and the University of North Carolina violated the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act of 1964 by impermissibly using race... |
2024 |
| Gabrielle Kolb, J.D. |
STUDENTS FOR FAIR ADMISSIONS, INC. v. UNIVERSITY OF NORTH CAROLINA AND HAALAND v. BRACKEEN: LESSONS ON THE FUTURE OF AFFIRMATIVE ACTION FOR NATIVE AMERICAN COLLEGE APPLICANTS |
20 University of Saint Thomas Law Journal 511 (Spring, 2024) |
In the summer of 2023, the United States Supreme Court decided two cases that may change the legal landscape for Native Americans hoping to benefit from affirmative action programs or tuition waiver programs in higher education. In the first case, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the Supreme Court... |
2024 |
| Kalyani Ramnath, Department of History, University of Georgia, Athens, GA, USA, Email: kal.ramnath@gmail.com |
THE BRINY SOUTH: DISPLACEMENT AND SENTIMENT IN THE INDIAN OCEAN WORLD. BY NIENKE BOER. DURHAM: DUKE UNIVERSITY PRESS, 2023. PAPERBACK, 978-1-4780-1955-8 |
58 Law and Society Review 152 (March, 2024) |
In The Briny South, Nienke Boer embarks on an insightful exploration of sentiment in legal and literary genres that function as archives of displacement--ranging from the seventeenth-century court records about enslavement from the Cape of Good Hope's Council of Justice to memoir and fiction about indenture in Natal, as well as autobiographies... |
2024 |
| M. Alexander Pearl |
THE CONSEQUENCES OF MYTHOLOGY: SUPREME COURT DECISIONMAKING IN INDIAN COUNTRY |
71 UCLA Law Review 6 (January, 2024) |
Ilanoli isht unowa. We tell our own stories. A single historical event has many stories. Although this nation's official chronicle expected and even hoped for Indigenous peoples to fade away, we are still here. Our histories are marked by resistance, survival, sovereignty, and renaissance. Only now, in the later stages of the American experiment,... |
2024 |
| Shantal Pai |
THE EFFECT OF HISTORICAL TRIBAL POLICY AND PROPERTY RIGHTS ON ENVIRONMENTAL REGULATION |
39-SUM Natural Resources & Environment 47 (Summer, 2024) |
Before there were Europeans in the United States, there were Indigenous people. They governed independently through sophisticated governments that included tribal laws, cultural traditions, religious customs, and societal systems. Native American nations treated each other as sovereign governments, often negotiating treaties with each other to... |
2024 |
| Annika Krafcik |
THE FIGHT AGAINST GRAPHITE: WHAT TRIBAL OPPOSITION TO A MINE IN ALASKA TEACHES US ABOUT THE IMPORTANCE AND LIMITATIONS OF CONSULTATION IN THE GREEN TRANSITION |
42 UCLA Journal of Environmental Law & Policy 321 (2024) |
C1-3Table of Contents I. Introduction. 323 II. Background on Mining for Transition Minerals in the U.S. 331 A. Why the Domestic Push to Mine for Transition Minerals. 331 B. Disproportionate Impacts of Mining for Transition Minerals on Indigenous Peoples. 334 C. Environmental Impacts of Mining for Transition Minerals. 336 D. U.S. Policy Driving... |
2024 |
| John E. Echohawk |
THE FUTURE OF NATIVE AMERICAN CIVIL RIGHTS |
49 Human Rights 2 (2024) |
I was very honored to receive the Thurgood Marshall Award at the ABA Annual Meeting in Denver, Colorado, in August 2023. It was recognition of me and of the Native American Rights Fund, the nonprofit national Indian legal defense fund that I have worked for over the past 53 years, serving consecutively as executive director since 1977. All of our... |
2024 |
| Nidhi Sharma |
THE GHOST OF ARTICLE 12 IN THE INDIAN CONSTITUTION: THE VERTICALITY v. HORIZONTALITY CONUNDRUM |
52 International Journal of Legal Information 98 (Spring, 2024) |
The chapter on fundamental rights in the Constitution of India, under article 12, identifies the state as the actor against whom fundamental rights can be enforced. Decades-long jurisprudence invoking article 12 has established the vertical enforcement of fundamental rights against state actors. However, a constitutional bench judgment in Kaushal... |
2024 |
| John Beaty |
THE IMPACT OF THE INFLATION REDUCTION ACT ON ENERGY JUSTICE AND GREEN ENERGY DEVELOPMENT IN INDIAN COUNTRY |
12 LSU Journal of Energy Law & Resources 1 (Winter, 2024) |
C1-2Table of Contents Introduction. 3 I. Green Energy Development and Energy Justice in Indian Country. 5 A. Indian Country's Electrical Infrastructure is Underdeveloped. 6 B. Indian Country has a Wealth of Undeveloped Renewable Energy Resources. 9 C. There is a Long History of Exploitation of Tribal Energy Resources. 9 D. Climate Change Will... |
2024 |
| Rachel Yost |
THE INDIAN CHILD WELFARE ACT, POLITICAL CLASSIFICATION OF "INDIANS," AND PRESERVATION OF TRIBAL SOVEREIGNTY: CHILDREN, THE MOST PRECIOUS RESOURCE |
48 American Indian Law Review 43 (2023-2024) |
Throughout the United States' history, Congress has consistently regulated Indian affairs as a matter of tribal political sovereignty, not as a matter of race. The Constitution itself enforces the use of political classification for Indians through Congress' power to regulate Commerce, and make Treaties with Indian tribes. Furthermore, the... |
2024 |
| Emily Knowlan |
THE LINK BETWEEN INDIVIDUAL DOMESTIC VIOLENCE AND MISSING & MURDERED INDIGENOUS WOMEN: VAWA IS NOT ENOUGH |
20 University of Saint Thomas Law Journal 466 (Spring, 2024) |
In 2019 and 2020, I worked as a domestic violence legal advocate with the Domestic Abuse Project in Minneapolis, Minnesota. It was here I first worked with Native American individuals from the Minneapolis community who were experiencing or had experienced domestic violence and were seeking help. In working with members of the community, I saw... |
2024 |
| Matthew Archer-Beck |
THE NATIONAL NATIVE AMERICAN BAR ASSOCIATION AT 50: A DISCUSSION WITH NNABA PRESIDENTS, PAST AND PRESENT |
49 Human Rights 6 (2024) |
The National Native American Bar Association (NNABA) turned 50 years old in 2023. NNABA celebrated this anniversary at its annual meeting on April 16, 2023, at the Sandia Resort in Albuquerque, New Mexico. The celebration included a dinner that recognized past NNABA leaders and included remarks from former NNABA President and current ABA President... |
2024 |
| Emily Bergeron |
THE NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT: WHERE ARE WE NOW? |
49 Human Rights 10 (2024) |
Despite the 1990 law requiring swift returns to Native American tribes, more than 100,000 Native American individuals' remains and several hundred thousand funerary objects are currently in the possession of American museums and institutions. Starting in January 2023, ProPublica initiated a series called The Repatriation Project, with the primary... |
2024 |