| Author | Title | Citation | Summary | Year |
| Kathrin Lozah |
PUSHING PAST THE PANDEMIC: RE-EVALUATING TRIBAL EXEMPTIONS TO MEDICAID WORK REQUIREMENTS |
47 American Journal of Law & Medicine 333 (2021) |
In recent years, amid the skyrocketing cost of healthcare, the Secretary of the Department of Health and Human Services (HHS) approved several Section 1115 demonstration projects from states seeking to implement Medicaid work requirements in an effort to decrease healthcare spending. The Secretary has stated that these projects promote the... |
2021 |
| Katie Michaela Becker |
RACE AND PRISON DISCIPLINE: A STUDY OF NORTH CAROLINA STATE PRISONS |
43 North Carolina Central Law Review 175 (2021) |
Black and Indigenous people receive disproportionate shares of disciplinary write-ups at state prisons in North Carolina. They experience more sanctions as a result. In this Article, I examine publicly available 2020 data from the North Carolina Department of Public Safety. I use two statistical techniques: binary logistic regression and multiple... |
2021 |
| Joy Barber |
RACE TO JURISDICTION: FORUM DETERMINATION IN DV-RELATED CHILD CUSTODY ACTIONS WHEN SURVIVORS FLEE ACROSS RESERVATION LINES |
82 Montana Law Review 259 (Summer, 2021) |
You are a state district court judge in a small town just outside an Indian reservation. Before you is a dissolution petition with a parenting plan brought by the mother of two children. All three are tribal members. The family has primarily lived on the reservation for the previous four years. However, after being severely beaten by her non-Indian... |
2021 |
| Larry R. Daves |
RECONCILING OUR PAST |
50-OCT Colorado Lawyer 6 (October, 2021) |
On September 29, 2020, H.R. 8420 was introduced in Congress to establish the Truth and Healing Commission on Indian Boarding School Policy in the United States. The Act does not call for reparations for Native Americans, but it should. Perhaps the strongest argument for restitution derives from the formal US policy of child separation that was in... |
2021 |
| Stephanie Hall Barclay , Michalyn Steele |
RETHINKING PROTECTIONS FOR INDIGENOUS SACRED SITES |
134 Harvard Law Review 1294 (February, 2021) |
Introduction. 1296 I. The History of Government Callousness and Coercion Regarding Indigenous Sacred Sites. 1303 A. The Significance of Sacred Sites to Indigenous Peoples. 1304 B. Government Disregard of Indigenous Religious Practices and Divestiture of Sacred Sites. 1307 C. Potentially Applicable Tools for Indigenous Sacred Sites. 1317 II.... |
2021 |
| Elizabeth Kukura |
SEEKING SAFETY WHILE GIVING BIRTH DURING THE PANDEMIC |
14 Saint Louis University Journal of Health Law & Policy 279 (2021) |
As COVID-19 spread throughout the United States in early 2020, many pregnant people sought alternatives to delivering in a hospital. Midwifery practices offering services at home or in a freestanding birth center reported record numbers of inquiries, including from people looking to transfer care near the end of pregnancy. Whether due to fear of... |
2021 |
| Megan Mallonee |
SELECTIVE JUSTICE: A CRISIS OF MISSING AND MURDERED ALASKA NATIVE WOMEN |
38 Alaska Law Review 93 (June, 2021) |
Across the country, Indigenous women are murdered more than any other population and go missing at disproportionate rates. This crisis of missing and murdered Indigenous women is amplified in Alaska, where the vast landscape, a confusing jurisdictional scheme, and a history of systemic racism all create significant barriers to justice for Alaska... |
2021 |
| Theresa Rocha Beardall, J.D., Ph.D. |
SOVEREIGNTY THREAT: LOREAL TSINGINE, POLICING, AND THE INTERSECTIONALITY OF INDIGENOUS DEATH |
21 Nevada Law Journal 1025 (Spring, 2021) |
In March 2016, Loreal Tsingine, a twenty-seven-year-old Diné mother living in Winslow, Arizona, was killed by Officer Austin Shipley. After two investigations insinuated that Shipley was justified in using fatal force to take Ms. Tsingine's life, the Navajo Nation filed two suits in federal court: one against the city claiming that the Winslow... |
2021 |
| Kaylee Snyder |
STATE v. NOBLES: CHANCE TO SETTLE NEEDLESS JURISDICTIONAL TURBULENCE |
45 American Indian Law Review 361 (2021) |
Under the Major Crimes Act (MCA), federal courts have exclusive jurisdiction over several enumerated criminal offenses that occur in Indian Country and are committed by Indians. When an individual is an enrolled member of a federally recognized tribe, Indian status is easily established and federal courts hold the authority to prosecute. A... |
2021 |
| Amy Kristin Sanders |
THE "EXCEPTIONALIST TRAP": WHY THE FUTURE FIRST AMENDMENT MUST TAKE FUNDAMENTAL HUMAN RIGHTS INTO ACCOUNT |
65 Washington University Journal of Law & Policy 61 (2021) |
Other countries do not have the same approach to freedom of expression as the United States. The American approach to freedom of expression wields influence around the world. Sanders argues the United States' unwillingness to consider alternatives to the current categorical approach to free speech can no longer be justified. This Article explores... |
2021 |
| Carla F. Fredericks |
THE (INDIGENOUS) CASE FOR SHAREHOLDER PRIMACY AND ITS ROLE IN CLIMATE JUSTICE |
134 Harvard Law Review Forum 340 (April, 2021) |
In 1970, Milton Friedman published his now-infamous essay, arguing that the purpose of a corporation is to produce value for its investors. Articulating what is now known as the Friedman doctrine, or shareholder primacy, his essay argued that companies do not have social responsibilities to the public; instead, the responsibility of a company is to... |
2021 |
| |
THE AGREEMENT AND THE GIRMITIYA |
134 Harvard Law Review 1826 (March, 2021) |
What I want to say in this letter, wrote the exasperated Viceroy of India in a telegram to the London-based Secretary of State for India, is that the time for palliatives is past, . and that, if public opinion--and this won't remain a purely Indian question--is to be satisfied, recruiting must stop. Weeks later, on March 10, 1917, the British... |
2021 |
| Shawn “Pepper” Roussel |
THE CARROT IS THE STICK: FOOD AS A WEAPON OF SYSTEMIC OPPRESSION FOR BLACK CONSUMERS AND THE DISENFRANCHISEMENT OF BLACK FARMERS |
36 Journal of Environmental Law & Litigation 129 (2021) |
Introduction. 129 I. The Confidence of a Mediocre White Guy: Andrew Johnson's Tenure. 133 II. Making It Right: Freedmen's Bureau and Other Failed Experiments. 137 III. Refugees in Their Own Land: Black Americans. 139 IV. Name That Oppression: Food. 141 V. Colonizers Gonna Colonize: Native American Land Dispossession. 145 VI. There's No Such Thing... |
2021 |
| Matthew Doyle , University of Sussex |
THE CASE OF PIRUANI: CONTESTED JUSTICE, LEGAL PLURALISM, AND INDIGENEITY IN HIGHLAND BOLIVIA |
44 PoLAR: Political and Legal Anthropology Review 60 (May, 2021) |
The 2009 Bolivian constitution included provisions that establish a radical form of de jure legal pluralism by creating a parallel legal system that gives full recognition to the nonstate legal orders and forms of conflict resolution of Indigenous communities. This article examines how a land dispute within a Bolivian highland Indigenous community... |
2021 |
| The Honorable Bradley Letts, Senior Resident Superior Court Judge |
THE CHEROKEE TRIBAL COURT: ITS ORIGINS AND ITS PLACE IN THE AMERICAN JUDICIAL SYSTEM |
43 Campbell Law Review 47 (Winter, 2021) |
I. Introduction. 48 II. The Cherokee Court. 49 A. The Cherokee Court Established in 1820. 49 B. Courts of Indian Offenses in Indian Country. 51 C. The Establishment of the CFR Court in Cherokee. 55 D. The Reestablishment of the Cherokee Tribal Court. 58 III. Tribal Court Exhaustion. 61 A. The Doctrine of Tribal Court Exhaustion. 61 B. The Cherokee... |
2021 |
| Samantha J. Merrill |
THE CHRONIC EFFECT OF "KILL THE INDIAN SAVE THE MAN": AN ANALYSIS OF DREAMING BEAR v. FLEMING |
66 South Dakota Law Review 361 (2021) |
The District Court of South Dakota has found that the wearing of cultural regalia is a protected First Amendment Expression, but that such an expression can be prohibited at a graduation ceremony based on the pedagogical interests of a public high school. The District Court found, in the case of Dreaming Bear v. Fleming, the Dataphase factors did... |
2021 |
| Emily Hudson |
THE CONSTITUTIONALITY OF THE INDIAN CHILD WELFARE ACT |
47 Ohio Northern University Law Review 359 (2021) |
The Indian Child Welfare Act (ICWA) was passed in 1978 as a response to the disproportionate removal of Indian children from their homes compared to non-Indian children. It was found that this was disproportionality in part because judges and child welfare workers did not understand Indian culture-which led to prejudicial attitudes and the higher... |
2021 |
| Andie B. Netherland |
THE DISPROPORTIONATE EFFECT ON NATIVE AMERICAN WOMEN OF EXTENDING THE FEDERAL INVOLUNTARY MANSLAUGHTER ACT TO INCLUDE A WOMAN'S CONDUCT AGAINST HER CHILD IN UTERO: UNITED STATES v. FLUTE |
45 American Indian Law Review 191 (2021) |
I raise up my voice--not so that I can shout, but so that those without a voice can be heard .. We cannot all succeed when half of us are held back. --Malala Yousafzai Samantha Flute, a Native American woman, was charged with committing involuntary manslaughter against her newborn baby boy after it was revealed that she took over-the-counter and... |
2021 |
| Mary Margaret L. Kirchner |
THE EXECUTION OF LEZMOND MITCHELL: AN ANALYSIS OF FEDERAL INDIAN LAW, CRIMINAL JURISDICTION, AND THE DEATH PENALTY AS APPLIED TO NATIVE AMERICANS |
25 Lewis & Clark Law Review 649 (2021) |
Capital punishment is controversial in American society. It is the junction where moral standards and punishment for the most severe crimes crash together head on. As society has evolved, so have the expectations, requirements, and norms for capital punishment. In the history of the United States, capital punishment, commonly referred to as the... |
2021 |
| Lorianne Updike Toler |
THE MISSING INDIAN AFFAIRS CLAUSE |
88 University of Chicago Law Review 413 (March, 2021) |
Congressional plenary power over Native Americans sits in direct conflict with tribal sovereignty. Scholarship and case law justifying plenary power run the gamut from finding an expansive preconstitutional federal plenary power over Native Americans to narrowly reading the Indian Commerce Clause to limit congressional power to trade alone. All... |
2021 |
| Katherine Farrell Ginsbach |
THE OGLALA LAKOTA AND THE RIGHT TO HEALTH: THE FORGOTTEN AMERICANS |
24 Quinnipiac Health Law Journal 237 (2021) |
C1-3Table of Contents I. Introduction. 239 II. Background. 241 A. Oglala Lakota Demographics. 241 III. Historical Significance. 244 A. Fort Laramie Treaty of 1868. 245 B. The Black Hills and Dawes Act. 247 C. Snyder Act through Present Day. 248 IV. Indigenous Peoples' Health in the United States. 251 A. Indian Health Services. 253 B. Disease... |
2021 |
| Ann M. Eisenberg, Elizabeth Kronk Warner |
THE PRECIPICE OF JUSTICE: EQUITY, ENERGY, AND THE ENVIRONMENT IN INDIAN COUNTRY AND RURAL COMMUNITIES |
42 Energy Law Journal 281 (2021) |
Editor's Note: As the authors mention at footnote 1, the ideas presented in their essay were first shared during a panel presentation in February of this year at the at the University of Florida Levin College of Law's annual Public Interest Environmental Conference. We and the authors have described their piece as an essay and not an article... |
2021 |
| Ian F. Tapu |
THE REASONABLE INDIGENOUS YOUTH STANDARD |
56 Gonzaga Law Review 529 (2020/2021) |
C1-3Table of Contents L1-2Introduction . L3530 I. J.D.B. v. North Carolina: Opening the Door for Youth. 534 II. The Indigenous Youth Experience. 536 III. The Connection Between the Contextual Legal Framework and a Reasonable Indigenous Youth Standard. 539 IV. The Indigenous Youth Standard Already Conforms to Precedent. 541 L1-2Conclusion . L3544 |
2021 |
| Melanie Randall |
THE SHACKLED SEXUAL ASSAULT VICTIM: TRAUMA, RESISTANCE, AND CRIMINAL JUSTICE VIOLATIONS OF AN INDIGENOUS WOMAN |
39 Minnesota Journal of Law & Inequality 317 (Summer, 2021) |
L1-2Table of Contents Introduction. 318 I. Widening the Lens: State Failures and Violence Against Indigenous Peoples and Women in Canada, the US, Australia, and New Zealand. 323 A. The Sexual and Physical Assault Perpetrated Against Angela Cardinal. 334 B. The Preliminary Inquiry. 336 i. The First Layer of Violation: Stigmatizing Ms. Cardinal as a... |
2021 |
| Clint Summers |
THE SKY WILL NOT FALL IN OKLAHOMA |
56 Tulsa Law Review 471 (Spring, 2021) |
I. Introduction. 472 II. What Every Oklahoman Needs to Know About Native Reservations. 475 A. Lands of Violence. 476 B. An Inadequate System. 477 III. Jurisdictional Divide. 480 A. The State's Criminal Jurisdiction Powers. 480 i. Inside the Reservation. 480 ii. Outside the Reservation. 482 B. The Mvskoke Nation's Criminal Jurisdiction Powers. 482... |
2021 |
| Adam Crepelle |
THE TIME TRAP: ADDRESSING THE STEREOTYPES THAT UNDERMINE TRIBAL SOVEREIGNTY |
53 Columbia Human Rights Law Review 189 (Fall, 2021) |
History is deeply embedded in federal Indian law. According to jurisprudence, Indians were nonagricultural savages prior to 1492. Indians' supposed lack of sophistication played a vital role in foundational cases determining Indian rights and the extent of tribal sovereignty. The process of stare decisis has resulted in repetition of the... |
2021 |
| Adam Crepelle |
THE TRIBAL PER CAPITA PAYMENT CONUNDRUM: GOVERNANCE, CULTURE, AND INCENTIVES |
56 Gonzaga Law Review 483 (2020/2021) |
C1-3Table of Contents L1-2Introduction . L3484 I. Socioeconomic Data. 487 II. History of Tribal Per Capita Payments. 489 III. Rules Governing Tribal Casino Per Capita Payments. 493 IV. Positive Effects of Per Capita Payments. 495 V. Possible Problems with Per Capita Payments. 498 A. Per Capita Payments and Governance. 498 1. Public Choice and Free... |
2021 |
| Alex Tallchief Skibine |
THE TRIBAL RIGHT TO EXCLUDE OTHERS FROM INDIAN-OWNED LANDS |
45 American Indian Law Review 261 (2021) |
In May 2020, two Indian tribes in South Dakota--the Cheyenne River Sioux and Oglala Sioux Tribes--established health safety checkpoints on state and federal roads accessing the entrance to their reservations, invoking the dangers caused by COVID-19. The South Dakota Governor threatened immediate legal action, arguing that such roadblocks could only... |
2021 |
| Joseph Austin |
THE WORDS OF THE TALKING GOD |
57-AUG Arizona Attorney 30 (July/August, 2021) |
Over the years, I have presented at numerous conferences, workshops and law school classes, teaching students and practitioners about federal Indian Law and tribal law. One of the challenges of teaching tribal law is convincing folks that Native people always had the rule of law. The rule of law was not given to Native people and neither was... |
2021 |
| Katherine Florey |
TOWARD TRIBAL REGULATORY SOVEREIGNTY IN THE WAKE OF THE COVID-19 PANDEMIC |
63 Arizona Law Review 399 (Summer, 2021) |
The media has often highlighted the devastating toll COVID-19 has taken in many parts of Indian country--and that, to be sure, is part of the story. But there are other aspects of the picture as well. On the one hand, tribes have taken resourceful and creative measures to combat COVID-19. On the other, a troublesome doctrinal landscape has... |
2021 |
| Melissa Tehee , Royleen J. Ross , Charlotte McCloskey , Iva GreyWolf , Assistant Professor of Psychology, Director of the American Indian Support Project, Utah State University, Secretary, Society of Indian Psychologists, Leadership Development Institute |
TRAUMA-INFORMED, CULTURALLY RELEVANT PSYCHOLOGICAL RESPONSES IN CASES OF MISSING OR MURDERED INDIGENOUS PEOPLES |
69 Department of Justice Journal of Federal Law and Practice 251 (March, 2021) |
Linking back to the constant onslaught on Native land and therefore Native bodies, MMIWG2 (Missing and Murdered Indigenous Women and Girls and Two Spirit People) scholars underscore the connections between the violence experienced by Indigenous women to the continued subjugation of such bodies by the colonial state. Missing or Murdered Indigenous... |
2021 |
| Emma Blake |
TRIBAL CO-MANAGEMENT: A MONUMENTAL UNDERTAKING? |
48 Ecology Law Quarterly 249 (2021) |
After seven years of organizing, the Bears Ears Inter-Tribal Coalition--made up of the Hopi, Navajo, Uintah and Ouray Ute, Ute Mountain Ute, and Zuni Nations--secured the protection of 1.35 million acres of federal public land within the boundaries of the state of Utah. The land included the twin Bears Ears buttes, which rose to the south above... |
2021 |
| |
TRIBAL COURTS FILL ACCESS TO JUSTICE NEEDS, OFFER PRACTICE OPPORTUNITY FOR LAWYERS |
46-MAY Montana Lawyer 9 (May, 2021) |
Chief Judge Stacie FourStar (JF) of the Fort Peck Assiniboine and Sioux Tribal Court, and Montana Legal Services Association Staff Attorney, Kathryn Seaton (KS) recently had a wide-ranging discussion touching on the role of tribal courts, their importance in communities and what role Montana's attorneys might have in advancing racial justice in... |
2021 |
| Max King |
TRIBAL LENDING AFTER GINGRAS |
19 Duke Law & Technology Review 122 (May 13, 2021) |
Online payday lenders pose serious risks for consumers. Yet, for years, these lending companies have skirted state regulation by pleading tribal sovereign immunity. Under this doctrine, entities that are so affiliated with tribal nations that they are an arm of the tribe are immune from suit. Without comprehensive federal regulation, tribal... |
2021 |
| Lori Bable |
TRIBALLY DEFINED CITIZENSHIP CRITERIA: COUNTERING WHITENESS AS PROPERTY INTERPRETATIONS OF "INDIAN" FOR RESTORING INHERENT SOVEREIGNTY |
18 Hastings Race and Poverty Law Journal 29 (Winter, 2021) |
This article implements the framework of whiteness of property to articulate the ways in which holdings of the Supreme Court of the United States (SCOTUS) have limited Tribal Nations' sovereignty because of the illegibility and correlative dispossession of inherent sovereignty itself. This article also highlights how these past SCOTUS... |
2021 |
| Adam Crepelle |
TRIBES, VACCINES, AND COVID-19: A LOOK AT TRIBAL RESPONSES TO THE PANDEMIC |
49 Fordham Urban Law Journal 31 (November, 2021) |
Introduction. 31 I. Why Tribes Were Especially Vulnerable to the COVID-19 Virus. 35 II. Vaccines, Pharmaceutical Experiments, and Indians. 39 III. Tribal Vaccine Distribution. 44 IV. Tribes and Medical Sovereignty: Beyond Vaccines. 53 A. Mask Mandates and Social Distancing Guidelines. 53 B. Highway COVID-19 Checkpoints. 57 C. Casino and Other... |
2021 |
| Adam Crepelle |
TRIBES, VACCINES, AND COVID-19: A LOOK AT TRIBAL RESPONSES TO THE PANDEMIC |
49 Fordham Urban Law Journal 31 (November, 2021) |
Introduction. 31 I. Why Tribes Were Especially Vulnerable to the COVID-19 Virus. 35 II. Vaccines, Pharmaceutical Experiments, and Indians. 39 III. Tribal Vaccine Distribution. 44 IV. Tribes and Medical Sovereignty: Beyond Vaccines. 53 A. Mask Mandates and Social Distancing Guidelines. 53 B. Highway COVID-19 Checkpoints. 57 C. Casino and Other... |
2021 |
| Lauren E. Schneider |
TRUST BETRAYED: THE RELUCTANCE TO RECOGNIZE JUDICIALLY ENFORCEABLE TRUST OBLIGATIONS UNDER THE INDIAN HEALTH CARE IMPROVEMENT ACT (IHCIA) |
52 Loyola University Chicago Law Journal 1099 (Summer, 2021) |
The federal trust doctrine developed out of the legal relationship between European sovereigns--and later, the United States government--and American Indian tribes. By signing treaties with Indian tribes, the settler governments entered into an ongoing relationship with sovereign tribal governments. The United States government has a duty to... |
2021 |
| Laura Briggs |
TWENTIETH CENTURY BLACK AND NATIVE ACTIVISM AGAINST THE CHILD TAKING SYSTEM: LESSONS FOR THE PRESENT |
11 Columbia Journal of Race and Law 611 (July, 2021) |
This Article argues that the historical record supports activism that takes the abolition of the child welfare system as its starting point, rather than its reform. It explores the birth of the modern child welfare system in the 1950s as part of the white supremacist effort to punish Black communities that sought desegregation of schools and other... |
2021 |
| Mikaela Koski |
TYING A TRIBAL OFFICER'S HANDS: TRIBAL LAW ENFORCEMENT AUTHORITY UNDER UNITED STATES v. COOLEY |
126 Penn State Law Review 275 (Fall, 2021) |
American Indian reservations make up more than 56 million acres in the United States. The rules governing enforcement of criminal law in Indian Country are complex. While tribal law enforcement officers have authority within a tribe's reservation, they have reduced authority on public roads that run through the reservations, especially when they... |
2021 |
| Rephael G. Stern |
UNCERTAIN COMPARISONS: ZIONIST AND ISRAELI LINKS TO INDIA AND PAKISTAN IN THE AGE OF PARTITION AND DECOLONIZATION |
39 Law and History Review 451 (August, 2021) |
From the end of the Second World War to the mid-1950s, Zionist and (after May 1948) Israeli politicians and bureaucrats repeatedly studied the unfolding developments on the Indian subcontinent. The events in South Asia fueled Zionists/Israelis' analogical imagination: that is, the imagined analogy between the Yishuv (the pre-1948 Jewish community... |
2021 |
| Alyson Merlin |
UNENFORCED PROMISES: TREATY RIGHTS AS A MECHANISM TO ADDRESS THE IMPACT OF ENERGY PROJECTS NEAR TRIBAL LANDS |
11 Columbia Journal of Race and Law 373 (April, 2021) |
Treaties between the United States and Native nations are binding until abrogated by the clear and plain intent of Congress. Many treaties signed in the 18th and 19th centuries remain unabrogated, but are also unenforced by the courts of the United States. The Dewey Burdock Project is a proposed uranium mining operation which would sit adjacent to... |
2021 |
| Lauren van Schilfgaarde , Brett Lee Shelton |
USING PEACEMAKING CIRCLES TO INDIGENIZE TRIBAL CHILD WELFARE |
11 Columbia Journal of Race and Law 681 (July, 2021) |
Historical child welfare policies explicitly aimed to exterminate Indigenous culture and disrupt tribal cohesion. The remnants of these policies form the foundation for the contemporary child welfare system. These policies view the child as an isolated and interchangeable asset, over which parents enjoy property-like rights, and in which the child... |
2021 |
| Leslie A. Hagen , National Indian Country Training Coordinator, Office of Legal Education, Executive Office for United States Attorneys |
VIOLENT CRIME IN INDIAN COUNTRY AND THE FEDERAL RESPONSE |
69 Department of Justice Journal of Federal Law and Practice 79 (March, 2021) |
Domestic violence, sexual assault, and child abuse in tribal communities are significant issues, and they have deservedly received greater attention by the public, the criminal justice and social service systems, and the medical community during the past two decades. Some of these crimes are at the root of missing indigenous person cases. A person... |
2021 |
| Will Hyland |
VOTER ID: COMBATING VOTER FRAUD OR DISENFRANCHISING? A COMPREHENSIVE ANALYSIS OF VOTER ID LAWS, NATIVE AMERICAN DISENFRANCHISEMENT, AND THEIR INTERSECTION |
29 University of Miami International and Comparative Law Review 283 (Fall, 2021) |
This note discusses the contentious issue of voter ID laws and their ability to disproportionately affect various racial and ethnic groups, with specific attention paid to such laws' effects on Native Americans. Since the 2000 election catastrophe and subsequent changes to our election system, voter ID laws have become a hot-button issue. Many... |
2021 |
| Affie B. Ellis, Holland & Hart LLP, Cheyenne, Wyoming |
VOTING IN INDIAN COUNTRY THE VIEW FROM THE TRENCHES BY JEAN REITH SCHROEDEL |
44-FEB Wyoming Lawyer 16 (February, 2021) |
In the United States, there are 574 federally recognized American Indian tribes, each with their own history, culture, language and governing structure. Although tribal members enjoy U.S. citizenship, state citizenship and tribal citizenship, the right to vote in federal and state elections has not always been recognized. In fact, in many cases,... |
2021 |
| Kaighn Smith Jr. |
WHEN CONGRESS FORGETS: BREAKING THROUGH CONGRESS'S FAILURE TO MENTION INDIAN TRIBES IN FEDERAL EMPLOYMENT LAWS |
68-APR Federal Lawyer 8 (March/April, 2021) |
Congress's enactment of the Families First Coronavirus Response Act (FFCRA) on April 1, 2020, is a stark reminder that Indian tribes are often invisible to Congress when it enacts sweeping employment laws. Such invisibility dates as far back as the National Labor Relations Act of 1935 (NLRA). And it persists in a host of other laws, including the... |
2021 |
| Guillermo J. Garcia Sanchez |
WHEN DRILLS AND PIPELINES CROSS INDIGENOUS LANDS IN THE AMERICAS |
51 Seton Hall Law Review 1121 (2021) |
From the Missouri River, passing through the Sonora Desert, all the way down to the Amazon Forest and the Andean Mountains, drills and pipelines are crossing over indigenous lands. In an energy-thirsty continent, there is no land left to spare, not even tribal land. Many of these energy infrastructure projects involve international investments that... |
2021 |
| Paul Figueroa |
WHEN IMITATION IS NOT FLATTERY: ADDRESSING CULTURAL EXPLOITATION IN GUATEMALA THROUGH A SUI GENERIS MODEL |
46 Brigham Young University Law Review 979 (2021) |
Indigenous Guatemalan weavers are fighting for intellectual property laws that better protect their designs and other cultural expressions. The exploitation and appropriation by local and international companies has negatively affected the weavers' livelihoods and resulted in culturally inappropriate uses of spiritual and traditional symbols.... |
2021 |
| Melissa Tehee, Racheal Killgore, Sallie Mack, Devon S. Isaacs, Erica Ficklin |
WHEN JUSTICE DOES NOT WORK: A SOLUTION FOCUSED APPROACH TO VIOLENCE AGAINST NATIVE WOMEN IN INDIAN COUNTRY |
36 Wisconsin Journal of Law, Gender & Society 33 (Spring, 2021) |
INTRODUCTION. 34 I. VIOLENCE AGAINST NATIVE WOMEN. 35 II. JURISDICTIONAL PROBLEMS. 36 A. Criminal Jurisdiction in Indian Country. 36 i. Federal Policy. 36 ii. Policing, Investigations, and Evidence Collection. 38 iii. High Rates of Federal Declination. 40 iv. Missing and Murdered Indigenous Women, Girls, and Two Spirit (MMIWG2). 42 B. Civil... |
2021 |