| Author | Title | Citation | Summary | Year |
| M. Brent Leonhard , Attorney, Confederated Tribes of the Umatilla Indian Reservation |
CRIMINAL JURISDICTION IN INDIAN COUNTRY |
69 Department of Justice Journal of Federal Law and Practice 45 (March, 2021) |
Criminal jurisdiction in Indian country can be complex depending on where an incident occurs, whether the defendant or victim is an Indian, the type of crime alleged, treaty provisions, various state and federal court decisions, and federal regulations. Professor Robert Clinton described it as a jurisdictional maze. This complexity can present... |
2021 |
| Audrey Mallinak |
CULTURAL COMPETENCY AND THE LAW: REPRODUCTIVE JUSTICE FOR AMERICAN INDIANS |
30 Annals of Health Law Advance Directive 179 (Spring, 2021) |
Reproductive justice combines reproductive rights, social justice, and culturally competent approaches to further the goal of intersectional representation. Culturally competent medical treatment ensures individuals receive the best treatment possible by honoring cultural backgrounds, acknowledging racial and ethnic inequities, and providing... |
2021 |
| Angela R. Riley , Kristen A. Carpenter |
DECOLONIZING INDIGENOUS MIGRATION |
109 California Law Review 63 (February, 2021) |
Introduction. 64 I. From Turtle Island to Citizenship: A Snapshot of Indigenous Land and the Settler State. 74 A. Relationship of People to Land. 76 B. Discovery, Conquest, and Colonization. 79 C. Domesticating Borders and Burgeoning Migration Policy. 81 II. Turning to the Contemporary: The Problems of Migration and Border Law for Indigenous... |
2021 |
| Sumaya H. Bouadi |
DOMESTIC VIOLENCE, THE INDIAN CHILD WELFARE ACT, AND ALASKA NATIVES: HOW DOMESTIC VIOLENCE IS WEAPONIZED AGAINST ALASKA NATIVE SURVIVORS |
33 Yale Journal of Law & Feminism 169 (2021) |
After the forced separation of Indian families, Congress passed the Indian Child Welfare Act (ICWA) to create heightened procedural protections to maintain and preserve Indian families. Following Adoptive Couple v. Baby Girl, 570 U.S. 637 (2013), courts have indicated concern that the heightened standards of ICWA may be overbroad and harm... |
2021 |
| James M. Grijalva |
ENDING THE INTERMINABLE GAP IN INDIAN COUNTRY WATER QUALITY PROTECTION |
45 Harvard Environmental Law Review 1 (2021) |
Tribal self-determination in modern environmental law holds the tantalizing prospect of translating indigenous environmental value judgments into legally enforceable requirements of federal regulatory programs. Congress authorized this approach three decades ago, but few tribes have sought primacy even for foundational programs like Clean Water Act... |
2021 |
| Denisse Enriquez, Class of 2022, UNM School of Law |
ENVIRONMENTAL JUSTICE IN NEW MEXICO: COUNTING COUP BY VALERIE RANGEL (HISTORY PRESS, 2019) |
61 Natural Resources Journal 155 (Winter, 2021) |
New Mexico has a complex history, not only the cultural history but also the environmental history of the state. This can be seen distinctly in the arrival of the Spanish Colonialists. While conquest by Spanish colonialists brought exotic goods and new technology, it also came with policies of extermination of Indian culture; suppression of... |
2021 |
| Andie J. Sweeden |
ENVIRONMENTAL RACISM IN INDIAN COUNTRY: AN ANALYSIS OF ITS IMPACTS ON THE ENVIRONMENT AND NATURAL RESOURCES AND ITS CONNECTION TO THE DIMINISHMENT OF TRIBAL SOVEREIGNTY |
12 Arizona Journal of Environmental Law & Policy 107 (Fall, 2021) |
This note seeks to discuss environmental racism and its connection to the diminishment of tribal sovereignty. First, there will be a discussion on the history and origin of tribal sovereignty, and the presence of tribes and Indigenous peoples in the United States. Second, there will be an examination of how the Clean Air and Clean Water Acts have... |
2021 |
| Susan Filan |
EPIDEMIC HIDING IN PLAIN SIGHT |
57-AUG Arizona Attorney 44 (July/August, 2021) |
Violence against Indigenous women and girls in the U.S. exceeds that of any other population in the country. The epidemic is so severe it has its own acronym--MMIWG--which stands for Missing and Murdered Indigenous Women & Girls. The MMIWG movement has arisen because law enforcement's response is inadequate and antiquated. This hidden crisis is... |
2021 |
| Lucy Dempsey |
EQUITY OVER EQUALITY: EQUAL PROTECTION AND THE INDIAN CHILD WELFARE ACT |
77 Washington and Lee Law Review Online 411 (April 19, 2021) |
In 2018, a Texas District Court shocked the nation by declaring the Indian Child Welfare Act (ICWA) unconstitutional pursuant to the Equal Protection Clause of the U.S. Constitution. The decision was overturned by the Fifth Circuit but may well be appealed to the U.S. Supreme Court. The ICWA provides a framework for the removal and placement of... |
2021 |
| Trevor G. Reed |
FAIR USE AS CULTURAL APPROPRIATION |
109 California Law Review 1373 (August, 2021) |
Over the last four decades, scholars from diverse disciplines have documented a wide variety of cultural appropriations from Indigenous peoples and the harms these have inflicted. Copyright law provides at least some protection against appropriations of Indigenous culture--particularly for copyrightable songs, dances, oral histories, and other... |
2021 |
| |
FEDERAL INDIAN LAW--CRIMINAL LAW--TRIBAL SOVEREIGNTY--UNITED STATES v. COOLEY |
135 Harvard Law Review 411 (November, 2021) |
For over two centuries, Indian tribes have been relegated to a tenuous position within the American constitutional system. As the Supreme Court has attempted to give shape to Chief Justice Marshall's description of tribes as domestic dependent nations, tribes have had to navigate jurisdictional pitfalls that states, by comparison, are never... |
2021 |
| Melodie Meyer |
FRACKING IN PUEBLO AND DINÉ COMMUNITIES |
39 UCLA Journal of Environmental Law & Policy 89 (2021) |
Fracking must be regulated from a tribal perspective and ultimately phased out by renewable energy sources in order to prevent environmental contamination and threats to health and safety. Like many other components of extractive industry, fracking disproportionately harms indigenous communities due to the socioeconomic status of indigenous... |
2021 |
| Jared Green |
GOING OFF THE RAILS ON THE MAYAN TRAIN: HOW AMLO'S DEVELOPMENT PROJECT IS ON A FAST TRACK TO MULTIPLE VIOLATIONS OF INDIGENOUS RIGHTS |
36 American University International Law Review 845 (2021) |
I. INTRODUCTION. 847 II. BACKGROUND. 848 A. The Mayan Train. 848 B. Principal Organs of the Inter-American Human Rights System. 853 C. The Inter-American System's Relevant Legal Obligations Regarding Indigenous Rights. 855 i. The Right to Property under Article 21 of the ACHR. 855 ii. The Right to Equal Protection of the Law and to Judicial... |
2021 |
| Ruth L. Okediji |
GRAFTING TRADITIONAL KNOWLEDGE ONTO A COMMON LAW SYSTEM |
110 Georgetown Law Journal 75 (October, 2021) |
Modern legal systems are not usually designed to protect Indigenous traditional knowledge or traditional cultural expressions but are, more often, historically complicit in their misuse or suppression. The undefined status of traditional knowledge has left Indigenous communities vulnerable to harms not readily cognizable by either common or civil... |
2021 |
| Sascha Dov Bachmann , Ikechukwu P. Ugwu |
HARDIN'S 'TRAGEDY OF THE COMMONS': INDIGENOUS PEOPLES' RIGHTS AND ENVIRONMENTAL PROTECTION: MOVING TOWARDS AN EMERGING NORM OF INDIGENOUS RIGHTS PROTECTION? |
6 One J: Oil and Gas, Natural Resources, and Energy Journal 547 (May, 2021) |
Most of the world's natural resources can be found on the territories of indigenous peoples. This puts indigenous peoples in a position where they are not only subjected to environmental hazards, as a result of the mining and exploitation of these resources, but are also denied the use and control of these resources. In addition, the proximity to... |
2021 |
| Ann E. Tweedy |
HAS FEDERAL INDIAN LAW FINALLY ARRIVED AT "THE FAR END OF THE TRAIL OF TEARS"? |
37 Georgia State University Law Review 739 (Spring, 2021) |
This Article examines the United States Supreme Court's July 9, 2020 decision in McGirt v. Oklahoma, which held that the historic boundaries of the Creek reservation remain intact, and argues that the decision may signal a sea change in the course of federal Indian law of the magnitude of Obergefell v. Hodges in the LGBT rights arena. The Article... |
2021 |
| Troy J.H. Andrade |
HAWAI'I '78: COLLECTIVE MEMORY AND THE UNTOLD LEGAL HISTORY OF REPARATIVE ACTION FOR KNAKA MAOLI |
24 University of Pennsylvania Journal of Law and Social Change 85 (2021) |
Abstract. Constructed from years of archival and legal research, and in-depth interviews, this Article unearths the story of Native Hawaiians who, tired of failed promises and hollow apologies, in 1978 capitalized on an indigenous cultural and political revival to change the law and secure reparative action. The Native Hawaiian community... |
2021 |
| Sara K. Rankin |
HIDING HOMELESSNESS: THE TRANSCARCERATION OF HOMELESSNESS |
109 California Law Review 559 (April, 2021) |
Cities throughout the country respond to homelessness with laws that persecute people for surviving in public spaces, even when unsheltered people lack a reasonable alternative. This widespread practice--the criminalization of homelessness--processes vulnerable people through the criminal justice system with damaging results. But recently, from the... |
2021 |
| Adam Crepelle |
HOW FEDERAL INDIAN LAW PREVENTS BUSINESS DEVELOPMENT IN INDIAN COUNTRY |
23 University of Pennsylvania Journal of Business Law 683 (2021) |
I. Introduction. 683 II. Data. 690 III. Tribal Sovereignty and Economic Development. 693 IV. How Federal Indian Law Kills Reservation Economies. 705 A. Jurisdictional Uncertainty. 706 1. Civil Jurisdiction. 707 2. Forum Selection Clauses and Arbitration Agreements. 712 3. Enforcing Judicial Decrees. 715 4. Criminal Jurisdiction. 717 B. Land Status.... |
2021 |
| Marcia Zug |
ICWA'S IRONY |
45 American Indian Law Review 1 (2021) |
The Indian Child Welfare Act (ICWA or the Act) is a federal statute that protects Indian children by keeping them connected to their families and culture. The Act's provisions include support for family reunification, kinship care preferences, cultural competency considerations and community involvement. These provisions parallel national child... |
2021 |
| Libby Smith |
IMPACT OF THE CORONAVIRUS AND FEDERAL RESPONSES ON INDIGENOUS PEOPLES' HEALTH, SECURITY, AND SOVEREIGNTY |
45 American Indian Law Review 297 (2021) |
COVID-19 has ravaged the United States since the first confirmed American diagnosis in January 2020. By December 2020, there were 19,663,976 diagnosed cases and 341,199 deaths attributed to the disease in the United States alone. In June 2021, a year and a half after the first American diagnosis, the CDC reported 33,283,781 total cases of COVID-19... |
2021 |
| Jordan Gross |
INCORPORATION BY ANY OTHER NAME? COMPARING CONGRESS' FEDERALIZATION OF TRIBAL COURT CRIMINAL PROCEDURE WITH THE SUPREME COURT'S REGULATION OF STATE COURTS |
109 Kentucky Law Journal 299 (2020-2021) |
Table of Contents 299 Introduction. 300 I. Colonialist Containment of Indigenous Justice. 304 A. Destabilized Sovereignty. 304 B. Imported Justice. 306 C. Appropriated Jurisdiction. 309 II. State and Tribal Court Procedural Reform by Federal Fiat. 322 A. The Supreme Court Federalizes State Court Criminal Procedure. 322 B. Congress Federalizes... |
2021 |
| Jordan Gross |
INCORPORATION BY ANY OTHER NAME? COMPARING CONGRESS' FEDERALIZATION OF TRIBAL COURT CRIMINAL PROCEDURE WITH THE SUPREME COURT'S REGULATION OF STATE COURTS |
109 Kentucky Law Journal 299 (2020-2021) |
Table of Contents 299 Introduction. 300 I. Colonialist Containment of Indigenous Justice. 304 A. Destabilized Sovereignty. 304 B. Imported Justice. 306 C. Appropriated Jurisdiction. 309 II. State and Tribal Court Procedural Reform by Federal Fiat. 322 A. The Supreme Court Federalizes State Court Criminal Procedure. 322 B. Congress Federalizes... |
2021 |
| Elizabeth Kronk Warner , Heather Tanana |
INDIAN COUNTRY POST-MCGIRT: IMPLICATIONS FOR TRADITIONAL ENERGY DEVELOPMENT AND BEYOND |
45 Harvard Environmental Law Review 249 (2021) |
The decision in McGirt v. Oklahoma is being heralded as the most important Indian law decision of the last 100 years, as it affirmed the reservation boundaries of the Muscogee (Creek) Reservation--an area long considered by many to be under Oklahoma's jurisdiction. Following release of the U.S. Supreme Court's decision, the outcry from the oil and... |
2021 |
| Aila Hoss |
INDIANA'S INDIAN LAWS: INDIGENOUS ERASURE AND RACISM IN THE LAND OF THE INDIANS |
30-SPG Kansas Journal of Law & Public Policy 184 (Spring, 2021) |
In response to a request for funding on Tribal and Indian law research, a director level position from Indiana University who reviewed a draft of the proposal stated that the author needed to clear why a team from the middle of Indiana is positioned to conduct this research and that it is her job to point out the obvious. In the author's... |
2021 |
| Trevor Reed |
INDIGENOUS DIGNITY AND THE RIGHT TO BE FORGOTTEN |
46 Brigham Young University Law Review 1119 (2021) |
C1-2Contents Introduction. 1119 I. Hopi Forgetting: A Case Study. 1123 II. Theorizing Anonymous Care. 1128 III. Understanding Indigenous Erasure. 1133 IV. Toward an Indigenous Right to Be Forgotten. 1138 Conclusion. 1146 |
2021 |
| Dr. Daniel Rietiker |
INDIGENOUS PEOPLES' RIGHT TO WATER IN TIMES OF COVID-19: ASSESSMENT OF THE PROTECTION UNDER INTERNATIONAL LAW AND RECOMMENDATIONS FOR HUMAN RIGHTS LITIGATION |
44 Suffolk Transnational Law Review 1 (Winter, 2021) |
While rivers flow through Navajo lands and are used to irrigate golf courses in Phoenix, the Navajo lack legal entitlement to that water and amidst the coronavirus crisis, cannot even get sufficient plumbing to wash their hands. Indigenous peoples have suffered and continue to suffer from human rights abuses more than the rest of the population.... |
2021 |
| Monica C. Bell , Katherine Beckett , Forrest Stuart |
INVESTING IN ALTERNATIVES: THREE LOGICS OF CRIMINAL SYSTEM REPLACEMENT |
11 UC Irvine Law Review 1291 (August, 2021) |
What logics underlie the call to defund the police, and how do those logics matter in policy debate? In the wake of widespread protests after the deaths of George Floyd, Breonna Taylor, and other victims of police violence during the summer of 2020, the Black Lives Matter movement's call to defund the police captured the national imagination.... |
2021 |
| Angelique EagleWoman (Wambdi A. Was'teWinyan) |
JURISPRUDENCE AND RECOMMENDATIONS FOR TRIBAL COURT AUTHORITY DUE TO IMPOSITION OF U.S. LIMITATIONS |
47 Mitchell Hamline Law Review 342 (February, 2021) |
I. Introduction. 342 II. Questioning the Legal Basis for the Courts of Indian Offenses. 344 A. The Context of Shifting U.S. Indian Policies. 345 B. Courts of Indian Offenses as Assimilation Era Federal Instrumentalities. 347 III. Transition to Indian Self-Government and Modern Tribal Courts. 351 A. The Operation of Tribal Courts. 352 B. Tribal... |
2021 |
| Nina Ciffolillo |
LEGAL BARRIERS TO TRIBAL JURISDICTION OVER VIOLENCE AGAINST WOMEN IN MAINE: DEVELOPMENTS AND PATHS FORWARD |
73 Maine Law Review 351 (2021) |
Abstract I. Introduction: Tribal Jurisdiction in the United States and Maine II. Violence Against Indigenous Women and the Violence Against Women Act (VAWA), Nationally and in MaineE A. On the National Scale B. In Maine III. Prospects of Prosecuting in Maine Tribal Courts IV. Weaknesses and Potential for More Effective Solutions in the U.S. and in... |
2021 |
| Nina Ciffolillo |
LEGAL BARRIERS TO TRIBAL JURISDICTION OVER VIOLENCE AGAINST WOMEN IN MAINE: DEVELOPMENTS AND PATHS FORWARD |
73 Maine Law Review 351 (2021) |
Abstract I. Introduction: Tribal Jurisdiction in the United States and Maine II. Violence Against Indigenous Women and the Violence Against Women Act (VAWA), Nationally and in MaineE A. On the National Scale B. In Maine III. Prospects of Prosecuting in Maine Tribal Courts IV. Weaknesses and Potential for More Effective Solutions in the U.S. and in... |
2021 |
| Mirko Bagaric , Peter Isham , Jennifer Svilar , Theo Alexander |
LESS PRISON TIME MATTERS: A ROADMAP TO REDUCING THE DISCRIMINATORY IMPACT OF THE SENTENCING SYSTEM AGAINST AFRICAN AMERICANS AND INDIGENOUS AUSTRALIANS |
37 Georgia State University Law Review 1405 (Summer, 2021) |
The criminal justice system discriminates against African Americans. There are a number of stages of the criminal justice process. Sentencing is the sharp end of the system because this is where the community acts in its most coercive manner by intentionally inflecting hardships on offenders. African Americans comprise approximately 40% of the... |
2021 |
| Rebekah Ross |
LET INDIANS DECIDE: HOW RESTRICTING BORDER PASSAGE BY BLOOD QUANTUM INFRINGES ON TRIBAL SOVEREIGNTY |
96 Washington Law Review 311 (March, 2021) |
American immigration laws have been explicitly racial throughout most of the country's history. For decades, only White foreign nationals could become naturalized citizens. All racial criteria have since vanished from the Immigration and Nationality Act (INA)--all but one. Section 289 of the INA allows American Indians born in Canada to... |
2021 |
| Rebekah Ross |
LET INDIANS DECIDE: HOW RESTRICTING BORDER PASSAGE BY BLOOD QUANTUM INFRINGES ON TRIBAL SOVEREIGNTY |
96 Washington Law Review 311 (March, 2021) |
Abstract: American immigration laws have been explicitly racial throughout most of the country's history. For decades, only White foreign nationals could become naturalized citizens. All racial criteria have since vanished from the Immigration and Nationality Act (INA)--all but one. Section 289 of the INA allows American Indians born in Canada to... |
2021 |
| Adam Crepelle |
LIES, DAMN LIES, AND FEDERAL INDIAN LAW: THE ETHICS OF CITING RACIST PRECEDENT IN CONTEMPORARY FEDERAL INDIAN LAW |
44 New York University Review of Law and Social Change 529 (2021) |
Federal Indian law is rooted in history. Present day Indian law practitioners routinely cite cases from the 1800s. Most of the jurisprudence dealing with Indians in the 1800s is flagrantly racist and based upon grossly erroneous stereotypes about Indians. Contemporary Indian rights continuously erode because federal Indian law remains stuck in the... |
2021 |
| Kristen A. Carpenter |
LIVING THE SACRED: INDIGENOUS PEOPLES AND RELIGIOUS FREEDOM, DEFEND THE SACRED: NATIVE AMERICAN RELIGIOUS FREEDOM BEYOND THE FIRST AMENDMENT. BY MICHAEL D. MCNALLY. PRINCETON, N.J.: PRINCETON UNIVERSITY PRESS. 2020. PP. 376. $99.95 |
134 Harvard Law Review 2103 (April, 2021) |
In recent years, the Supreme Court has shown solicitude for religious freedom claims arising under the First Amendment and federal statutes. Cases expanding the scope of free exercise and narrowing limitations on government establishment have favored religious belief and practice, even when arguably pitted against core concerns about public health... |
2021 |
| Amanda Tesarek |
MAKING THE "BEST" BETTER: TRANSFERRING BEST INTERESTS DETERMINATIONS TO TRIBES AS A SOLUTION TO THE ONGOING POST-COLONIAL INDIGENOUS CHILD WELFARE CRISIS |
30 Minnesota Journal of International Law 395 (Spring, 2021) |
Kill the Indian in him, and save the man. [C]ontinue until there is not a single Indian in Canada that has not been absorbed into the body politic and there is no Indian question, and no Indian department. [T]he destiny of the natives of aboriginal origin . lies in their ultimate absorption by the people of the Commonwealth . These... |
2021 |
| Ana Condes |
MAN CAMPS AND BAD MEN: LITIGATING VIOLENCE AGAINST AMERICAN INDIAN WOMEN |
116 Northwestern University Law Review 515 (2021) |
The crisis of sexual violence plaguing Indian Country is made drastically worse by oil-pipeline construction, which often occurs near reservations. The man camps constructed to house pipeline workers are hotbeds of rape, domestic violence, and sex trafficking, and American Indian women are frequently targeted due to a perception that... |
2021 |
| Jonathan Riedel |
MIRRORED HARMS: UNINTENDED CONSEQUENCES IN THE GRANT OF TRIBAL COURT JURISDICTION OVER NON-INDIAN ABUSERS |
45 American Indian Law Review 211 (2021) |
Rates of domestic violence are astonishingly high in Indian Country. More than half of Indian women have experienced physical violence in their lifetimes. They are twice as likely to experience rape as white women and to experience more violent rape when it occurs. Their plight is also deeply intertwined with race: 90% of women reported that the... |
2021 |
| Jonathan Riedel |
MIRRORED HARMS: UNINTENDED CONSEQUENCES IN THE GRANT OF TRIBAL COURT JURISDICTION OVER NON-INDIAN ABUSERS |
45 American Indian Law Review 211 (2021) |
Rates of domestic violence are astonishingly high in Indian Country. More than half of Indian women have experienced physical violence in their lifetimes. They are twice as likely to experience rape as white women and to experience more violent rape when it occurs. Their plight is also deeply intertwined with race: 90% of women reported that the... |
2021 |
| Heather Sauyaq Jean Gordon , Travis W.M. Roberts , Management and Program Analyst, Administration for Native Americans, Department of Health and Human Services, Program Analyst, Administration for Native Americans, Department of Health and Human Services |
MISSING OR MURDERED INDIGENOUS PEOPLE: CULTURALLY BASED PREVENTION STRATEGIES |
69 Department of Justice Journal of Federal Law and Practice 47 (January, 2021) |
To address the ongoing crisis of missing or murdered Indigenous persons (MMIP), we must explore the historical context that led to the extent of the victimization today. The issue is steeped in centuries of interracial physical and cultural violence carried out through colonial oppression of Indigenous peoples. What began with European... |
2021 |
| André B. Rosay , Professor of Justice & Associate Dean, College of Health, University of Alaska Anchorage |
NATIONAL SURVEY ESTIMATES OF VIOLENCE AGAINST AMERICAN INDIAN AND ALASKA NATIVE PEOPLE |
69 Department of Justice Journal of Federal Law and Practice 91 (January, 2021) |
When one in three Native American women will be raped in their lifetimes, that is an assault on our national conscience; it is an affront to our shared humanity; it is something that we cannot allow to continue. Advocates, researchers, practitioners, and policymakers are increasingly working together to raise awareness on the level of violence... |
2021 |
| Katherine M. Cole |
NATIVE TREATIES AND CONDITIONAL RIGHTS AFTER HERRERA |
73 Stanford Law Review 1047 (April, 2021) |
Abstract. Due to the complex and often troubled history of relations between the United States and Native nations, special rules apply when courts interpret Native treaties. For example, when interpreting the scope of treaty rights, courts apply a unique set of canons of construction generally favoring the Native nations. Further, before courts... |
2021 |
| David A. Cordero Heredia , Nicholas Koeppen |
OIL EXTRACTION, INDIGENOUS PEOPLES LIVING IN VOLUNTARY ISOLATION, AND GENOCIDE: THE CASE OF THE TAGAERI AND TAROMENANE PEOPLES |
34 Harvard Human Rights Journal 117 (Spring, 2021) |
This Article utilizes the crime of genocide's requisite elements to analyze the massacres of the Tagaeri and Taromenane Peoples (Tagaeri-Taromenane). The Tagaeri-Taromenane are Indigenous peoples living in voluntary isolation in the Ecuadorian Amazon who are endangered by the oil and timber industries and the expansion of peasant settlements in... |
2021 |
| Lario Albarrán |
OWNING FRIDA KAHLO |
35 Emory International Law Review 627 (2021) |
--Hayden Herrera Frida Kahlo is undoubtedly one of the most recognizable names in art history. Her work epitomizes Mexican national and indigenous traditions and is regarded as an uncompromising depiction of the female experience and form. But her fame goes beyond art galleries. Kahlo's face--brooding gaze, elaborate Mexican coiffures, and... |
2021 |
| Angelique EagleWoman , (Wambdi A. Was'teWinyan) |
PERMANENT HOMELANDS THROUGH TREATIES WITH THE UNITED STATES: RESTORING FAITH IN THE TRIBAL NATION-U.S. RELATIONSHIP IN LIGHT OF THE MCGIRT DECISION |
47 Mitchell Hamline Law Review 640 (April, 2021) |
I. Introduction. 641 II. Doctrine of Discovery, British Treaty-Making to U.S. Treaty-Making. 642 A. The Treaty of Niagara in 1764. 645 B. British Colonies form the United States of America. 647 III. Permanent Homelands and Treaty Relationships. 648 A. U.S. Constitution and Tribal Nations. 649 B. Status of American Indians and Imposition of U.S.... |
2021 |
| Mary J. Pavel |
POLICYMAKERS' ROLE IN CHANGING THE WASHINGTON FOOTBALL TEAM'S NAME |
68-APR Federal Lawyer 44 (March/April, 2021) |
The word Reds**n is a racial slur, and I have always believed that renaming Washington's football team would be important to changing how America views and treats native people. In just one of a lifetime of experiences with this racial slur, an African American attorney told me that I should not be offended by Reds**n, as it was not the same as... |
2021 |
| Rory Bennett |
PROPERTY RIGHTS IN A VACUUM: A MOON ANARCHIST'S GUIDE TO PROSPECTING |
63 Arizona Law Review 229 (Spring, 2021) |
Soon there will be private industry on the moon, but the question of how property rights will be apportioned, transferred, and adjudicated is still unanswered. Further complicating the matter is the founding document of space law, the Outer Space Treaty, which disallows sovereign appropriation of space resources but remains silent on whether the... |
2021 |
| Adam Crepelle |
PROTECTING THE CHILDREN OF INDIAN COUNTRY: A CALL TO EXPAND TRIBAL COURT JURISDICTION AND DEVOTE MORE FUNDING TO INDIAN CHILD SAFETY |
27 Cardozo Journal of Equal Rights & Social Justice 225 (Spring, 2021) |
C1-2Table of Contents I. Introduction. 226 II. Child Abuse Data and Its Effects. 229 III. Explaining the High Rates of Child Maltreatment in Indian Country. 232 A. Jurisdictional Confusion. 232 B. Lack of Law Enforcement Resources. 238 C. Lack of Access to Criminal Databases. 241 D. Inadequate Healthcare and Social Services. 244 E. Socioeconomics.... |
2021 |
| Adam Crepelle |
PROTECTING THE CHILDREN OF INDIAN COUNTRY: A CALL TO EXPAND TRIBAL COURT JURISDICTION AND DEVOTE MORE FUNDING TO INDIAN CHILD SAFETY |
27 Cardozo Journal of Equal Rights & Social Justice 225 (Spring, 2021) |
C1-2Table of Contents I. Introduction. 226 II. Child Abuse Data and Its Effects. 229 III. Explaining the High Rates of Child Maltreatment in Indian Country. 232 A. Jurisdictional Confusion. 232 B. Lack of Law Enforcement Resources. 238 C. Lack of Access to Criminal Databases. 241 D. Inadequate Healthcare and Social Services. 244 E. Socioeconomics.... |
2021 |