| Author | Title | Citation | Summary | Year |
| Adam Crepelle |
WHITE TAPE AND INDIAN WARDS: REMOVING THE FEDERAL BUREAUCRACY TO EMPOWER TRIBAL ECONOMIES AND SELF-GOVERNMENT |
54 University of Michigan Journal of Law Reform 563 (Spring, 2021) |
American Indians have the highest poverty rate in the United States, and dire poverty ensnares many reservations. With no private sector and abysmal infrastructure, reservations are frequently likened to third-world countries. Present-day Indian poverty is a direct consequence of present-day federal Indian law and policy. Two-hundred-year-old laws... |
2021 |
| Adam Crepelle |
WHITE TAPE AND INDIAN WARDS: REMOVING THE FEDERAL BUREAUCRACY TO EMPOWER TRIBAL ECONOMIES AND SELF-GOVERNMENT |
54 University of Michigan Journal of Law Reform 563 (Spring, 2021) |
American Indians have the highest poverty rate in the United States, and dire poverty ensnares many reservations. With no private sector and abysmal infrastructure, reservations are frequently likened to third-world countries. Present-day Indian poverty is a direct consequence of present-day federal Indian law and policy. Two-hundred-year-old laws... |
2021 |
| Eleanor Marie Lawrence Brown |
WHY BLACK HOMEOWNERS ARE MORE LIKELY TO BE CARIBBEAN AMERICAN THAN AFRICAN AMERICAN IN NEW YORK: A THEORY OF HOW EARLY WEST INDIAN MIGRANTS BROKE RACIAL CARTELS IN HOUSING |
61 American Journal of Legal History 3 (March, 2021) |
Why are the Black brownstone owners and landlords in Harlem and Brooklyn disproportionately West Indian? For students of housing discrimination, Black West Indian Americans have long presented a quandary. West Indian Americans generally own and rent higher quality housing than African Americans. These advantages began long ago. For example, when... |
2021 |
| Justin W. Aimonetti |
"MAGIC WORDS" AND ORIGINAL UNDERSTANDING: AN AMPLIFIED CLEAR STATEMENT RULE TO ABROGATE TRIBAL SOVEREIGN IMMUNITY |
2020 Pepperdine Law Review 1 (2020) |
There is not one example in all of history where the Supreme Court has found that Congress intended to abrogate tribal sovereign immunity without expressly mentioning Indian tribes somewhere in the statute. The Indian plenary power doctrine--an invention of the late nineteenth-century Supreme Court--grants Congress exclusive authority to... |
2020 |
| Elizabeth Hampton |
"THUS IN THE BEGINNING ALL THE WORLD WAS AMERICA": THE EFFECTS OF ANTI-PROTEST LEGISLATION AND AN AMERICAN CONQUEST CULTURE IN NATIVE SACRED SITES CASES |
44 American Indian Law Review 289 (2020) |
The United States remains the global leader for energy and raw materials pipeline networks, maintaining over 2.6 million miles of liquid, gas transmission, and gas distribution pipelines. Though economically lucrative, the industry is not without controversy. Since time immemorial, the energy sector has received harsh criticism for the... |
2020 |
| Emil Kranz |
11 U.S.C. § 541 AND D&O INSURANCE: AN ANALYSIS OF THE "INSURED versus INSURED" EXCLUSION IN A BANKRUPTCY CONTEXT FOLLOWING INDIAN HARBOR |
36 Emory Bankruptcy Developments Journal 143 (2020) |
Directors and Officers insurance has been a mainstay for most corporations for years. Included in most D&O insurance policies is what is referred to as an insured versus insured exclusion which prohibits an insured from filing suit against another insured. Section 541 of the Bankruptcy Code's creation of an estate has created a dichotomy amongst... |
2020 |
| Jordan Ramharter |
A MEETING OF THE MINDS: UTILIZING MAINE'S STATE EDUCATION SYSTEM TO PROMOTE THE SUCCESS OF ITS NATIVE STUDENTS WHILE MAINTAINING TRIBAL SOVEREIGNTY |
72 Maine Law Review 379 (2020) |
I. Introduction II. The Right to Equal Educational Opportunities III. Student Opportunity and Achievement Gaps IV. Federal Education-Based Legislation V. American Indians and Education The Federal Government's Use of the Plenary Power Doctrine Federal Legislation and the Bureau of Indian Education The Gaps in Native Students Opportunity &... |
2020 |
| Milan Kumar |
AMERICAN INDIANS AND THE RIGHT TO VOTE: WHY THE COURTS ARE NOT ENOUGH |
61 Boston College Law Review 1111 (March, 2020) |
American Indians and Alaska Natives face new barriers in exercising their fundamental right to vote. Recently, states have introduced and implemented facially neutral voting rules aimed at eliminating voter fraud. These rules, as well as strict voter identification and increased reliance on mail-in ballots, disproportionately suppress... |
2020 |
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AMERICA'S PLACE IN THE NEW WORLD ORDER |
44-SUM Fletcher Forum of World Affairs 75 (Summer, 2020) |
fletcher forum: In 2018, you criticized Google for its inexplicable choice to avoid working with the DoD while simultaneously pursuing deeper business ties with China. As the United States operates in an era of Great Power competition with China, how can and should it confront this trend in the private sector? general joseph dunford: First of all,... |
2020 |
| Alana Paris |
AN UNFAIR CROSS SECTION: FEDERAL JURISDICTION FOR INDIAN COUNTRY CRIMES DISMANTLES JURY COMMUNITY CONSCIENCE |
16 Northwestern Journal of Law & Social Policy 92 (Fall, 2020) |
Under the Sixth Amendment to the United States Constitution, federal jury pools must reflect a fair cross section of the community in which a crime is prosecuted and from which no distinct group in the community is excluded. The community in which a crime is prosecuted varies widely in Indian country based on legislative reforms enacted by Congress... |
2020 |
| Dr. Caroline Coker Coursey |
ARE INDIAN TRIBES REALLY "DOMESTIC DEPENDENT NATIONS?": THE FIGHT FOR SOVEREIGN IMMUNITY IN WILKES v. PCI GAMING AUTHORITY |
50 Cumberland Law Review 49 (2019-2020) |
Indian reservations are present in various states but are not subject to state rule. Instead, these reservations are tantamount to a foreign country with the right to govern themselves (in accordance with the United States Constitution), enjoy sovereign immunity, and trade with the United States under treaties. While these rights are elucidated in... |
2020 |
| Katie L. Gojevic |
BENEFIT OR BURDEN?: BRACKEEN v. ZINKE AND THE CONSTITUTIONALITY OF THE INDIAN CHILD WELFARE ACT |
68 Buffalo Law Review 247 (January, 2020) |
Officials seemingly would rather place Indian children in non-Indian settings where their Indian culture, their Indian traditions and, in general, their entire Indian way of life is smothered . [Agencies] strike at the heart of Indian communities by literally stealing Indian children. This course can only weaken rather than strengthen the Indian... |
2020 |
| Monte Mills |
BEYOND THE BELLONI DECISION: SOHAPPY v. SMITH AND THE MODERN ERA OF TRIBAL TREATY RIGHTS |
50 Environmental Law 387 (Spring, 2020) |
Indian tribes and their members are leading a revived political, legal, and social movement to protect the nation's natural resources. In doing so, tribes and their allies employ many effective strategies but core to the movement are the historic promises made to tribes by the United States through treaties. Tribes are asserting treaty-protected... |
2020 |
| Jayanth K. Krishnan |
BHOPAL IN THE FEDERAL COURTS: HOW INDIAN VICTIMS FAILED TO GET JUSTICE IN THE UNITED STATES |
72 Rutgers University Law Review 705 (Spring, 2020) |
Over thirty-five years ago, the city of Bhopal, India, witnessed a horrific gas leak that originated from a facility operated by Union Carbide India Limited (UCIL), which had as its parent company the American-based Union Carbide Corporation (UCC). Thousands were killed, with many more injured. One hundred forty-five cases were filed throughout... |
2020 |
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CHAPTER FOUR ALOHA 'INA: NATIVE HAWAIIAN LAND RESTITUTION |
133 Harvard Law Review 2148 (April, 2020) |
When I speak at this time of the Hawaiian people, I refer to the children of the soil--the native inhabitants of the Hawaiian Islands and their descendants. --Queen Lili'uokalani Mauna Kea, a dormant volcano on the island of Hawai'i, is home to sacred practices of the Native Hawaiian people--including the burial of sacred ancestors --and, of more... |
2020 |
| Lisset M. Pino |
COLONIZING HISTORY: RICE v. CAYETANO AND THE FIGHT FOR NATIVE HAWAIIAN SELF-DETERMINATION |
129 Yale Law Journal 2574 (June, 2020) |
Rice v. Cayetano involved a challenge to the voting qualifications for Hawai'i's Office of Hawaiian Affairs (OHA). Created during the 1978 Hawaiian Constitutional Convention, OHA manages lands held in trust for Native Hawaiians. To ensure OHA was representative of its constituents, voting for OHA trustees was initially restricted to... |
2020 |
| Carly Gillespie |
COLUMBUS'S LEGACY: TRAFFICKING OF NATIVE AMERICAN WOMEN IN THE 21ST CENTURY |
71 South Carolina Law Review 685 (Spring, 2020) |
I. Introduction. 686 II. Background. 689 A. Statistics of Human Trafficking on Reservations, or Lack Thereof. 689 B. Categories of Intergenerational Trauma. 691 1. History of Oppression and Objectification. 691 2. Intergenerational Trauma. 695 C. Specific Vulnerabilities of Native Women. 696 D. Man Camps, Casinos, and Tourism. 698 III. Inadequacies... |
2020 |
| Leanne Gale, Kelly McClure |
COMMANDEERING CONFRONTATION: A NOVEL THREAT TO THE INDIAN CHILD WELFARE ACT AND TRIBAL SOVEREIGNTY |
39 Yale Law and Policy Review 292 (Fall, 2020) |
Congress enacted the Indian Child Welfare Act (ICWA) in 1978 to address abuses by state and private child welfare agencies that resulted in the forced removal of roughly one-third of all Indian children from their families. However, four decades after the passage of the law, opponents of ICWA make the novel argument that it impermissibly... |
2020 |
| Genevieve Frances Steel |
CONSTRUCTING THE TRIDENT OF THE REASONABLE PERSON: ENOUGH IS ENOUGH! IT'S TIME FOR THE REASONABLE INDIAN STANDARD |
12 Elon Law Review 62 (2020) |
I. Introduction. 64 II. Background. 68 A. American Indian Statistics. 68 B. Historical Trauma. 71 1. American Indian Genocide. 73 2. Colonization and Boarding Schools. 75 C. Trauma Affects Cognition, Emotional Control, and Reasoning. 77 D. Acculturation and Its Effect on Native Health. 81 III. The Reasonable Indian Standard. 84 A. The Reasonable... |
2020 |
| Hannah Gordon |
COWBOYS AND INDIANS: SETTLER COLONIALISM AND THE DOG WHISTLE IN U.S. IMMIGRATION POLICY |
74 University of Miami Law Review 520 (Winter, 2020) |
The nineteenth-century Indian problem has become the twenty-first century border crisis. While the United States fancies itself a nation of immigrants, this rhetoric is impossible to square with the reality of the systematic exclusion of migrants of color. In particular, the Trump administration has taken the exclusion of migrants descended from... |
2020 |
| Sammy Matsaw , Dylan Hedden-Nicely , Barbara Cosens |
CULTURAL LINGUISTICS AND TREATY LANGUAGE: A MODERNIZED APPROACH TO INTERPRETING TREATY LANGUAGE TO CAPTURE THE TRIBE'S UNDERSTANDING |
50 Environmental Law 415 (Spring, 2020) |
Language is a reflection of a thought world. A worldview that has been shaped by place to describe one's identity in space and time does not equate to species relatedness as a default to know one another. In the legal system of the United States, there is acknowledgement of treaties in colonized lands that there are rights granted from the tribes... |
2020 |
| Iantha M. Haight |
DIGITAL NATIVES, TECHNO-TRANSPLANTS: FRAMING MINIMUM TECHNOLOGY STANDARDS FOR LAW SCHOOL GRADUATES |
44 Journal of the Legal Profession 175 (Spring, 2020) |
Adjustments need to be made to legal education for new attorneys to be ready for the technological demands of legal practice. In 2012, the American Bar Association added a duty of technology competence to the standard for general competence in the Model Rules of Professional Conduct, which has now been adopted by 38 states. The new Comment 8 to... |
2020 |
| Samuel Macomber |
DISPARATE DEFENSE IN TRIBAL COURTS: THE UNEQUAL RIGHT TO COUNSEL AS A BARRIER TO EXPANSION OF TRIBAL COURT CRIMINAL JURISDICTION |
106 Cornell Law Review 275 (December, 2020) |
Introduction. 275 I. Context: Criminal Jurisdiction in Indian Country. 280 A. Past. 281 B. Present. 283 C. Future. 286 II. Problem: Unequal Right to Counsel for Indians and Non-Indians. 287 A. Right to Counsel and Due Process. 287 B. Equal Protection. 288 C. Fairness. 292 III. Solutions: Balancing Tribal Autonomy and the Rights of the Accused. 295... |
2020 |
| |
FEDERAL INDIAN AND TRIBAL LAW |
43-APR Wyoming Lawyer 38 (April, 2020) |
If you intend to take a case in Tribal Court, ensure that you are a member of the Wind River (or other) Tribal bar, or file an application for pro hac vice before attempting to practice in the court. As a licensed attorney, becoming barred in the Wind River Tribal Court typically requires completing an application, found at... |
2020 |
| Lindsay R. Johnson , Mary-Kathryn Hawes |
FROM THE TRAIL OF TEARS TO TAM: HOW UNITED STATES TRADEMARK LAW FAILS NATIVE AMERICANS |
21 Wake Forest Journal of Business and Intellectual Property Law 29 (Fall, 2020) |
Abstract. 32 I. Introduction. 32 II. The Psychology of Trademarks. 34 A. Overview. 34 B. The Psychological Difference Between Design and Word Marks. 35 C. The Psycho-Socio-Economic Effects of Misappropriation of Racial Representations in Design Marks. 37 III. The Indian Arts and Crafts Act. 38 A. Background and Legislative History of the Indian and... |
2020 |
| Chandler Farnworth |
HERRERA v. WYOMING: THE SUPREME COURT'S MOST RECENT ATTEMPT TO BALANCE TRIBAL RIGHTS, STATE POWER, AND CONSERVATION EFFORTS |
33 Tulane Environmental Law Journal 195 (Summer, 2020) |
I. Overview. 195 II. Background. 197 III. Court's Decision. 199 IV. Analysis. 203 V. Conclusion. 205 |
2020 |
| Patty Ferguson-Bohnee |
HOW THE NATIVE AMERICAN VOTE CONTINUES TO BE SUPPRESSED |
45 Human Rights 16 (2020) |
The right to vote is precious. It is almost sacred. It is the most powerful non-violent tool we have in a democracy. --Representative John Lewis The right to vote has been an uphill battle for Native Americans. The Voting Rights Act of 1965 helped to secure and protect that right for many Native Americans and Alaska Natives. With the Voting... |
2020 |
| Ian Falefuafua Tapu |
HOW TO SAY SORRY: FULFILLING THE UNITED STATES' TRUST OBLIGATION TO NATIVE HAWAIIANS BY USING THE CANONS OF CONSTRUCTION TO INTERPRET THE APOLOGY RESOLUTION |
44 New York University Review of Law and Social Change 445 (2020) |
The Marshall Trilogy--a series of U.S. Supreme Court cases that became the legal foundation of the unique, government-to-government relationship between Indian tribes and the U.S. federal government--established a special doctrine known as the Indian Canons of Construction. The Canons became a powerful tool in treaty and statutory construction,... |
2020 |
| Margaret Schaff , Cheryl Lohman |
INDIAN ALLOTTEE WATER RIGHTS: A CASE STUDY OF ALLOTMENTS ON THE FORMER MALHEUR INDIAN RESERVATION |
31 Colorado Natural Resources, Energy & Environmental Law Review 147 (Winter, 2020) |
C1-2Table of Contents Introduction. 147 I. Indian Water Rights. 148 II. Allotment Water Rights. 151 III. Public Domain Allotments. 153 IV. The Malheur Public Domain Allotments. 156 Conclusion. 163 |
2020 |
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INDIAN LAW SECTION HONOREE NAMED |
56-AUG Arizona Attorney 70 (July/August, 2020) |
The Indian Law Section's Executive Council is pleased to announce that Cora Tso is the recipient of the Section's Character and Fitness Scholarship. Cora is a proud member of the Navajo Nation. As she explained: My dedication to serving Indian Country began during my adolescence. Growing up, I witnessed the harsh realities of life on an Indian... |
2020 |
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INDIAN LAW SPECIAL FOCUS |
56-AUG Arizona Attorney 22 (July/August, 2020) |
In the spring of 2019, we debuted a special issue focused on Indian Law. Because the practice area is diverse, our coverage was too--encompassing many areas of business, regulation and human experience. A year later, we wondered if it was too early to cover the subject again. But when leading practitioners made a call to their colleagues for... |
2020 |
| Matthew L.M. Fletcher |
INDIAN LIVES MATTER: PANDEMICS AND INHERENT TRIBAL POWERS |
73 Stanford Law Review Online 38 (June, 2020) |
American Indian people know all too well the impact of pandemics on human populations, having barely survived smallpox outbreaks and other diseases transmitted during the generations of early contact between themselves and Europeans. Indian people also suffered disproportionately from the last pandemic to hit the United States about a century ago.... |
2020 |
| Catherine Schluter |
INDIAN RESERVED RIGHTS TO GROUNDWATER: VICTORY FOR TRIBES, FOR NOW |
32 Georgetown Environmental Law Review 729 (Summer, 2020) |
Many Indian tribes in the United States have a federally reserved right to water to support their reservations and way of life, as recognized in Winters v. United States. However, the Winters doctrine does not explicitly recognize a reserved right to groundwater. Three states--Wyoming, Arizona, and Montana--faced the question of whether to extend... |
2020 |
| Jaya Reddy |
INDIAN SURROGACY: ENDING CHEAP LABOR |
18 Santa Clara Journal of International Law 92 (12-Jan-2020) |
C1-3Table of Contents I. Introduction on. 94 II. Background. 94 A. 2002: Legalization of Commercial Surrogacy Caused Exploitation but Allowed Impoverished Women to Escape Poverty. 94 B. 2005: Indian Council for Medical Research Issued Extremely Narrow Guidelines Regulating ART. 98 C. Child Abandonment and Citizenship Issues Came to Forefront... |
2020 |
| Dylan R. Hedden-Nicely , Lucius K. Caldwell |
INDIGENOUS RIGHTS AND CLIMATE CHANGE: THE INFLUENCE OF CLIMATE CHANGE ON THE QUANTIFICATION OF RESERVED INSTREAM WATER RIGHTS FOR AMERICAN INDIAN TRIBES |
2020 Utah Law Review 755 (2020) |
All models are wrong but some are useful. The people indigenous to the Western portion of the lands now referred to as North America have relied on aquatic species for physical, cultural, and spiritual sustenance for millenia. Such indigenous peoples, referred to in the American legal system as Indian tribes, are entitled to water rights for fish... |
2020 |
| Richard Acello |
JUGGLING ACT |
105-WTR ABA Journal 22 (Winter, 2019-2020) |
To borrow an analogy from Chief Justice John G. Roberts Jr., if lawyers are baseball players and judges are umpires, then Greg Smith not only calls balls and strikes, he also throws them and tries to hit them. Smith is a family lawyer in Tennessee. When he's not practicing law, he's interpreting it--serving as a judge at three different levels of... |
2020 |
| Emily Mendoza |
JURISDICTIONAL TRANSPARENCY AND NATIVE AMERICAN WOMEN |
11 California Law Review Online 141 (May, 2020) |
While lawmakers have long known that Native American women experience gender-based violence at higher rates than any other population, lawmakers historically have addressed these harms by implementing jurisdictional changes: removing tribal jurisdiction entirely, limiting tribal jurisdiction, or returning jurisdiction to tribes in a piecemeal... |
2020 |
| Charles Abourezk |
JUSTICE MUST EXTEND TO NATIVE AMERICANS |
31 Experience 8 (October/November, 2020) |
Frequently forgotten Native Americans should be included in discussions about justice today. In America, Native Americans often go unnoticed in the national quiltwork of race and ethnicity. Historically, being forgotten has sometimes worked to their advantage. But more often, it has been a disadvantage, especially when funding, infrastructure, and... |
2020 |
| Zak Leonard |
LAW OF NATIONS THEORY AND THE NATIVE SOVEREIGNTY DEBATES IN COLONIAL INDIA |
38 Law and History Review 373 (May, 2020) |
Perhaps few topics are more invidious in colonial legal history than the definition of paramountcy in British India. Alternatively cast as a feudal compact with subordinate native princely states, a noninterventionist policy supportive of semi-sovereignty, and a doctrine invented to justify colonial earth hunger, the concept elicited... |
2020 |
| Lily Grisafi |
LIVING IN THE BLAST ZONE: SEXUAL VIOLENCE PIPED ONTO NATIVE LAND BY EXTRACTIVE INDUSTRIES |
53 Columbia Journal of Law and Social Problems 509 (Summer, 2020) |
Native American women around the country, and particularly those living near extractive industries, face an epidemic of sexual violence. The high rates of violence against Native women are due in large part to the lack of liability for those most responsible. Flaws in United States and tribal criminal justice systems create de facto jurisdictional... |
2020 |
| Ajay Bhaskarabhatla |
MAXIMUM RESALE PRICE MAINTENANCE AND RETAILER CARTEL PROFITS: EVIDENCE FROM THE INDIAN PHARMACEUTICAL INDUSTRY |
83 Antitrust Law Journal 41 (2020) |
Resale price maintenance (RPM), a vertical agreement between a manufacturer and a retailer that specifies a fixed minimum or maximum resale price, can be procompetitive. Minimum RPM can help a manufacturer maintain retail service quality and enhance brand reputation. Maximum RPM can limit retailer market power and improve the efficiency of... |
2020 |
| Matthew A. King |
MURPHY v. NCAA AND LEGALIZATION OF SPORTS BETTING IN STATES AND INDIAN COUNTRY |
59 Judges' Journal 16 (Spring, 2020) |
In 2018, the U.S. Supreme Court in Murphy v. NCAA struck down the Professional and Amateur Sports Protection Act (PASPA) of 1992 on states' rights grounds. For nearly three decades, the federal law prevented all but four states and the vast majority of Tribes from legalizing wagering on collegiate and professional sports competitions. Tribes and... |
2020 |
| Amanda Robert, Lee Rawles |
NATIVE RIGHTS |
106-MAY ABA Journal 62 (April/May, 2020) |
Ahead of this year's presidential election, the ABA House of Delegates overwhelmingly passed a pair of resolutions that aim to increase voter participation and minimize voter suppression. Resolution 112, submitted for the ABA Midyear Meeting by the Section of Civil Rights and Social Justice, urges jurisdictions to remove barriers for Native... |
2020 |
| Amy J. Cohen |
NEGOTIATING THE VALUE CHAIN: A STUDY OF SURPLUS AND DISTRIBUTION IN INDIAN MARKETS FOR FOOD |
45 Law and Social Inquiry 460 (May, 2020) |
To enhance the welfare of smallholder farmers, development agencies increasingly promote value chain agriculture where farmers partner with more powerful entities, such as corporations and nongovernmental organizations (NGOs), to create new sources of economic value. Via a qualitative study of how small farmers negotiate with the buyers of retail... |
2020 |
| Matthew L.M. Fletcher |
POLITICS, INDIAN LAW, AND THE CONSTITUTION |
108 California Law Review 495 (April, 2020) |
The question of whether Congress may create legal classifications based on Indian status under the Fifth Amendment's Due Process Clause is reaching a critical point. Critics claim the Constitution allows no room to create race-or ancestry-based legal classifications. The critics are wrong. When it comes to Indian affairs, the Constitution is not... |
2020 |
| Johnathan R. Baldauf |
PROTECTING NATIVE AMERICAN CULTURE, CHILDREN, AND YOUR PRACTICE |
63-JUL Advocate 26 (June/July, 2020) |
The Indian Child Welfare Act (ICWA) is a federal law enacted in 1978 that sets standards designed to protect[ . ] the best interests of Indian children and to promote the stability of Indian tribes and families. The ICWA generally applies to Indian children who may be removed from the custody of their parents. The law protects children who are... |
2020 |
| Christopher Barbera |
PROTECTING NATIVE HUMAN RIGHTS DURING NATURAL DISASTERS THROUGH FREE, PRIOR, AND INFORMED CONSENT: A CASE STUDY ON ARGUING FPIC AS A TOOL FOR HUMAN RIGHTS |
48 Denver Journal of International Law and Policy 107 (Summer, 2020) |
It is an established principle of disaster preparedness that the involvement of local communities in disaster risk reduction and emergency planning processes greatly increases that community's resilience in the face of natural disasters. Communities often have unique hazards, strengths, internal dynamics and politics, response capabilities, and... |
2020 |
| Samuel D. Gilleran |
PURCELL v. GONZALEZ, PRINCIPLE AND PROBLEM--NATIVE AMERICAN VOTING RIGHTS IN THE 2018 NORTH DAKOTA ELECTIONS |
55 Wake Forest Law Review 445 (2020) |
Election-related litigation causes much angst in today's highly partisan environment. This is especially true when the litigation is not resolved before an election occurs. When election-related litigation is still pending in the days close to an election, the courts must decide, often in the context of an application for a stay, under which set of... |
2020 |
| Scott W. Stern |
REBUILDING TRUST: CLIMATE CHANGE, INDIAN COMMUNITIES, AND A RIGHT TO RESETTLEMENT |
47 Ecology Law Quarterly 179 (2020) |
According to most estimates, more than one hundred million people will be permanently displaced by climate change by 2050. Among the people most at risk of displacement are American Indians. If the government does nothing, or simply does not do enough, hundreds of Indian communities across the United States will be destroyed, the members of these... |
2020 |
| Mariam Hashmi |
RECENT CHALLENGES TO THE INDIAN CHILD WELFARE ACT SUGGEST IT IS TIME FOR THE UNITED STATES SUPREME COURT TO ACT: INDIAN SURVIVAL DEPENDS ON IT |
21 Rutgers Race & the Law Review 149 (2020) |
Congress enacted the Indian Child Welfare Act of 1978 (ICWA) in response to the removal of Indian children from their homes, and to protect the best interests of Indian tribes and families. The United States Supreme Court has been reluctant to hear challenges to the ICWA but with the increase in challenges in the lower courts, and a major setback... |
2020 |