| Author | Title | Citation | Summary | Year |
| Tammy W. Cowart |
ONE BUFFALO IN TEXAS: LEGAL AND ETHICAL ISSUES IN NATIVE AMERICAN GAMING OPERATIONS |
16 Journal of Business, Entrepreneurship and the Law 1 (Fall, 2022 & Spring, 2023) |
There are three federally recognized Native American tribes in Texas: the Alabama-Coushatta, the Ysleta del Sur Pueblo, and the Texas band of Oklahoma Kickapoo. The Kickapoo tribe is the only one allowed to operate a gaming center within the state of Texas, due solely to a federal law that the federal government passed thirty years ago. The... |
2023 |
| Hilda Loury |
PACHAMAMA OVER PEOPLE AND PROFIT: A CASE FOR INDIGENOUS ECOLOGY AND ENVIRONMENTAL PERSONHOOD |
47 American Indian Law Review 229 (2022-2023) |
C1-2Table of Contents Introduction. 229 I. The Environmental Crisis. 231 A. The Anthropocene. 231 B. Global Environmental Changes. 233 II. A Comparative Analysis of Indigenous and Western Ecology. 236 A. Prefaces. 236 B. Self, Other, and Nature. 237 C. Use and Consumption. 241 D. Cultural Priorities. 243 III. Law and Personhood. 246 A. U.S.... |
2023 |
| Nandini Chatterjee , Alicia Schrikker , Dries Lyna |
PAPER EMPIRES: LAYERS OF LAW IN COLONIAL SOUTH ASIA AND THE INDIAN OCEAN |
41 Law and History Review 417 (August, 2023) |
Anthropologists and historians have recently underscored the ways in which European colonialism created novel regimes of legality and record-keeping, associated with ambitious and exclusive state-centered claims to both truth and rights, while being inevitably and constantly sucked into eddies of forgery and corruption. However, attention so far... |
2023 |
| Heather Tanana |
PROTECTING TRIBAL PUBLIC HEALTH FROM CLIMATE CHANGE |
15 Northeastern University Law Review 89 (March, 2023) |
C1-2Table of Contents Introduction 95 I. Climate Change in Indian Country 103 2A. Climate-Related Changes to Water 105 2B. Health Impacts of Climate Change 115 2C. Cultural Impacts of Climate Change 122 II. The Convergence of Federal Treaty and Trust Responsibilities, Tribal Health, and Climate Change 128 2A. Federal Responsibility to Provide... |
2023 |
| Neoshia R. Roemer |
READING AMERICAN INDIAN LAW |
23 Journal of Appellate Practice and Process 213 (Winter, 2023) |
Given the importance of nearly 200 years of federal Indian law, the Indian law scholarship that has helped frame modern thinking on the practice area deserves examination. Yet, as the editors of Reading American Indian Law: Foundational Principles highlight, it is easy to overlook the Indian law scholarship that now permeates our classrooms, court... |
2023 |
| Alyssa Couchie |
REBRAIDING FRAYED SWEETGRASS FOR NIIJAANSINAANIK (OUR CHILDREN): UNDERSTANDING CANADIAN INDIGENOUS CHILD WELFARE ISSUES AS INTERNATIONAL ATROCITY CRIMES |
44 Michigan Journal of International Law 405 (2023) |
The unearthing of the remains of Indigenous children on the sites of former Indian Residential Schools (IRS) in Canada has focused greater attention on anti-Indigenous atrocity violence in the country. While such increased attention, combined with recent efforts at redressing associated harms, represents a step forward in terms of recognizing and... |
2023 |
| Trevor Reed |
RESTORATIVE JUSTICE FOR INDIGENOUS CULTURE |
70 UCLA Law Review 516 (August, 2023) |
One still unresolved aspect of North American colonization arises out of the mass expropriation of Indigenous peoples' cultural expressions to European-settler institutions and their publics. Researchers, artists, entrepreneurs, missionaries, and many others worked in partnership with major universities, museums, corporations, foundations, and... |
2023 |
| Michael K. Velchik, Jeffery Y. Zhang |
RESTORING INDIAN RESERVATION STATUS: AN EMPIRICAL ANALYSIS |
40 Yale Journal on Regulation 339 (Winter, 2023) |
In McGirt v. Oklahoma, the Supreme Court held that the eastern half of Oklahoma was Indian country. This bombshell decision was contrary to settled expectations and government practices spanning 111 years. It also was representative of an increasing trend of federal courts recognizing Indian sovereignty over large and economically significant areas... |
2023 |
| Karen E. Lillie |
RETURNING CONTROL TO THE PEOPLE: THE NATIVE AMERICAN LANGUAGES ACT, RECLAMATION, AND NATIVE LANGUAGE TEACHER CERTIFICATION |
71 Buffalo Law Review 289 (April, 2023) |
In 1990, Congress passed the Native Americans Languages Act (NALA), recognizing that the status of the cultures and languages of Native Americans is unique and--critically--that the United States has the responsibility to act together with Native Americans to ensure that the languages and cultures of the Native People will surviv[e]. This Act... |
2023 |
| Brett G. Roberts |
RETURNING THE LAND: NATIVE AMERICANS AND NATIONAL PARKS |
21 Ave Maria Law Review 148 (Spring, 2023) |
The best things we experience, the best things we know are immaterial things. They're ideas or emotions . if you look at the earth, there are certain places that seem to have power, and we don't know what kind of power it is except you have a different feeling, you feel energized .. How do you approach that, take something that's larger in yourself... |
2023 |
| Julia M. Zabriskie |
SEARCHING FOR INDIGENOUS TRUTH: EXPLORING A RESTORATIVE JUSTICE APPROACH TO REDRESS ABUSE AT AMERICAN INDIAN BOARDING SCHOOLS |
64 Boston College Law Review 1039 (April, 2023) |
Abstract: After the discovery of mass graves at Residential Schools in Canada, the United States revaluated its own history with Indian Boarding Schools. The nation will likely grapple with the issue of finding appropriate solutions for historical mass atrocities in the near future as it too discovers the remains of Native American children who... |
2023 |
| Mollie Goldfarb |
SERVING (IN)JUSTICE: THE ILLS OF A FEDERAL AMERICAN INDIAN PROSECUTORIAL POWER |
15 Washington University Jurisprudence Review 361 (2023) |
It is a pity that so many Americans today think of the Indian as a romantic or comic figure in American history without contemporary significance. In fact, the Indian plays much the same role in our American society that the Jews played in Germany. Like the miner's canary, the Indian marks the shifts from fresh air to poison gas in our political... |
2023 |
| John P. LaVelle |
SURVIVING CASTRO-HUERTA: THE HISTORICAL PERSEVERANCE OF THE BASIC POLICY OF WORCESTER v. GEORGIA PROTECTING TRIBAL AUTONOMY, NOTWITHSTANDING ONE SUPREME COURT OPINION'S ERRANT NARRATIVE TO THE CONTRARY |
74 Mercer Law Review 845 (Spring, 2023) |
I. Introduction. 846 II. Oklahoma v. Castro-Huerta: Facts, Proceedings, and Divergent Majority and Dissenting Opinions. 849 III. Castro-Huerta's Power Play: Forging a False Historical Narrative to Uproot Worcester and Expand State Authority in Indian Country. 851 A. Key Precedents Misrepresented and Misapplied. 851 1. Worcester v. Georgia (1832).... |
2023 |
| Grace Slaff |
THE ADMINISTRATION OF INJUSTICE: THE CONFLICT BETWEEN FEDERAL AND TRIBAL CRIMINAL JURISDICTION |
47 American Indian Law Review 261 (2022-2023) |
The subjectivity of criminal justice often leaves the reform process slow moving, producing little results. Differing opinions about criminal justice progression often get in the way of progressive reform. Should we spend our time advocating for victims, or can society set its feelings aside about the notions of crime and advocate for the... |
2023 |
| Angelique EagleWoman (Wambdi A. Was'teWinyan) |
THE CAPITALIZATION OF "TRIBAL NATIONS" AND THE DECOLONIZATION OF CITATION, NOMENCLATURE, AND TERMINOLOGY IN THE UNITED STATES |
49 Mitchell Hamline Law Review 623 (June, 2023) |
I. Introduction. 624 II. The Basics on the Political Status and Proper Understanding of Tribal Nations in the United States. 625 III. Issues and Consequences of Capitalization for Terms Referring to Tribal Nations in the United States. 627 A. Tribal Political Status and the Failings of The AP Stylebook. 628 B. Tribal Political Status and the Errors... |
2023 |
| Matthew L.M. Fletcher |
THE DARK MATTER OF FEDERAL INDIAN LAW: THE DUTY OF PROTECTION |
75 Maine Law Review 305 (June, 2023) |
Abstract Introduction I. The Original Understanding of the Duty of Protection II. The Current Understanding of the Duty of Protection A. Congress and the Department of the Interior B. Department of Justice C. The Supreme Court III. The Duty of Protection as Dark Matter IV. The United Nations Declaration on the Rights of Indigenous Peoples as a... |
2023 |
| Samantha Doss |
THE FOOD DISTRIBUTION PROGRAM ON INDIAN RESERVATIONS: PAST, PRESENT, AND FUTURE |
76 Arkansas Law Review 219 (2023) |
In 2018, the United States Department of Agriculture (USDA) proposed replacing much of the Supplemental Nutrition Assistance Program (SNAP) with America's Harvest Box, a program that would directly distribute a package of non-perishable food items to low-income families. The proposal was met with intense controversy. Many hunger advocates,... |
2023 |
| Nasrin Camilla Akbari |
THE GLADUE APPROACH: ADDRESSING INDIGENOUS OVERINCARCERATION THROUGH SENTENCING REFORM |
98 New York University Law Review 198 (April, 2023) |
In the American criminal justice system, individuals from marginalized communities routinely face longer terms and greater rates of incarceration compared to their nonmarginalized counterparts. Because the literature on mass incarceration and sentencing disparities has largely focused on the experiences of Black and Hispanic individuals, far less... |
2023 |
| Amelia Tidwell |
THE HEART OF THE MATTER: ICWA AND THE FUTURE OF NATIVE AMERICAN CHILD WELFARE |
43 Journal of the National Association of Administrative Law Judiciary 126 (Spring, 2023) |
The United States has a long and tragic history of removing Native American children from their homes and culture at shocking rates. Congress passed the Indian Child Welfare Act (ICWA) in 1978 in response to that crisis and many states have bolstered the Act with state legislation and tribal-state agreements, but racial disparities are still... |
2023 |
| Jordan K. Medaris |
THE IMPACT OF CLIMATE CHANGE ON THE CULTURAL IDENTITY OF INDIGENOUS PEOPLES AND THE NATION'S FIRST "CLIMATE REFUGEES" |
47 American Indian Law Review 1 (2022-2023) |
I am convinced that climate change, and what we do about it, will define us, our era, and ultimately the global legacy we leave for future generations. Today, the time for doubt has passed. - U.N. Secretary-General Ban Ki-moon The people of the world cannot continue to ignore Aboriginal Indigenous Peoples, the Natural System of Life, the Natural... |
2023 |
| Neoshia R. Roemer |
THE INDIAN CHILD WELFARE ACT AS REPRODUCTIVE JUSTICE |
103 Boston University Law Review 55 (February, 2023) |
Federal Indian policy is rooted in family regulation. Here, family regulation is twofold, comprising: (1) the idea that American Indian families should be curated to be more like their non-Indian counterparts; and (2) the child welfare system, as Dorothy Roberts notes. Overall, family regulation was part of an Indian assimilation project. Since the... |
2023 |
| M. Alexander Pearl |
THE INDIAN CHILD WELFARE ACT IN THE MULTIVERSE |
121 Michigan Law Review 1101 (April, 2023) |
Adoptive Couple v. Baby Girl. By Matthew L.M. Fletcher and Kathryn E. Fort, in Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law 452, 471. Edited by Bennett Capers, Devon W. Carbado, R.A. Lenhardt and Angela Onwuachi-Willig. Cambridge: Cambridge University Press. 2022. Pp. xxx, 694. Cloth, $84.75; paper, $39.19. As a kid, I... |
2023 |
| Kirke Kickingbird |
THE JURISDICTIONAL LANDSCAPE OF INDIAN COUNTRY AFTER THE MCGIRT AND CASTRO-HUERTA DECISIONS |
48 Human Rights 10 (2023) |
On July 9, 2020, the U.S. Supreme Court issued its opinion in McGirt v. Oklahoma, 591 U.S. _, 140 S. Ct. 2452 (2020), a case involving state jurisdiction in Indian Country. Petitioner McGirt, an Indian, contended the sexual offenses that were the subject of his state conviction occurred in Indian Country--the reservation of the Muscogee (Creek)... |
2023 |
| Rosa Celorio |
THE KALEIDOSCOPE OF CLIMATE CHANGE AND HUMAN RIGHTS: THE PROMISE OF INTERNATIONAL LITIGATION FOR WOMEN, INDIGENOUS PEOPLES, AND CHILDREN |
13 Arizona Journal of Environmental Law & Policy 155 (Spring, 2023) |
Climate change has been identified as a global emergency, a major international development issue, and a priority concern by many international and national entities. Women, Indigenous peoples, and children are some of the individuals and groups most affected by the adverse impacts of climate change. The author contends in this article that... |
2023 |
| Hailey Trawick |
THE LEGACY OF TRUST PROMISES: NATIVE AMERICAN HEALTHCARE |
25 Scholar: St. Mary's Law Review on Race and Social Justice 301 (2023) |
Introduction. 302 I. The Evolution of the Trust Doctrine. 306 A. Treaties. 307 B. Case Law. 308 C. The Snyder Act. 310 D. The Indian Health Care Improvement Act (IHCIA). 312 II. The Legal and Interpretive Follies Behind the Circuits Looking Beyond Statutory Trust Duties. 313 A. The Circuit Holdings. 314 1. The Ninth Circuit: Quechan Tribe of the... |
2023 |
| Alexander M. Roider |
THE PROMISE AT THE END OF THE TRAIL: USING MCGIRT TO CLOSE THE TRIBAL ENTERPRISE PERFORMANCE GAP |
52 Public Contract Law Journal 323 (Winter, 2023) |
Despite being introduced in identical ways, tribal enterprises and Alaska Native Corporations have achieved vastly different outcomes in their government contracting operations. However, the Supreme Court's recent decision in McGirt v. Oklahoma may change this, handing down a potential beacon of hope to the underperforming tribal enterprises. This... |
2023 |
| Michael D. McNally |
THE SACRED AND THE PROFANED: PROTECTION OF NATIVE AMERICAN SACRED PLACES THAT HAVE BEEN DESECRATED |
111 California Law Review 395 (April, 2023) |
From Standing Rock to San Francisco Peaks, Native American efforts to protect threatened sacred places in court have been troubled by what this Article identifies as the profanation principle: a presumption that places already profaned or degraded by development or pollution can no longer be sufficiently sacred to Native peoples to merit... |
2023 |
| W. Tanner Allread |
THE SPECTER OF INDIAN REMOVAL: THE PERSISTENCE OF STATE SUPREMACY ARGUMENTS IN FEDERAL INDIAN LAW |
123 Columbia Law Review 1533 (October, 2023) |
In the 2022 case of Oklahoma v. Castro-Huerta, the Supreme Court departed from one of the foundational cases in federal Indian law, Worcester v. Georgia. Chief Justice John Marshall's 1832 opinion had dismissed state power over Indian Country. But in Castro-Huerta, the Court took precisely the kind of arguments about state power that Chief Justice... |
2023 |
| Christina Rinnert |
THE TROUBLE WITH THE TRIBAL LAW AND ORDER ACT |
59-AUG Arizona Attorney 36 (July/August, 2023) |
The application of the Tribal Law and Order Act (TLOA) creates multiple issues for tribes: a lack of funding for appointing attorneys, concerns about congressionally dictated incarceration limitations' effects on tribal sovereignty, and negative effects on tribal justice customs and traditions. Many of us have heard the Miranda rights recited so... |
2023 |
| Hannah Friedle |
TREATIES AS A TOOL FOR NATIVE AMERICAN LAND REPARATIONS |
21 Northwestern Journal of Human Rights 239 (Summer, 2023) |
Hundreds of treaties signed. Hundreds of treaties broken. The juvenile United States grew in size as independent Native nations ceded their territory through treaties. Thirsting for more land, the United States broke its promises and continued its manifest destiny westward. And what of tribes' treaty rights to land? Some Native nations received... |
2023 |
| Ryan B. Stoa |
TRIBAL CANNABIS AGRICULTURE LAW |
2023 Utah Law Review 1075 (2023) |
Indian tribes have some freedom to develop their own approach to cannabis agriculture, but what is the nature of that freedom, and how have tribes acted upon it? This Article investigates the current legal framework surrounding tribal cannabis agriculture and tribal participation in legal cannabis markets. It is generally believed that tribes have... |
2023 |
| Lauren van Schilfgaarde, Aila Hoss, Ann E. Tweedy, Sarah Deer, Stacy Leeds |
TRIBAL NATIONS AND ABORTION ACCESS: A PATH FORWARD |
46 Harvard Journal of Law & Gender 1 (Winter, 2023) |
I. Introduction. 2 II. Historical Backdrop for Reproductive Autonomy. 8 III. Abortion Care in Indian Country Today. 17 A. Federal Indian Health System. 19 B. Facility Abortion Policies. 22 C. Indigenous Access to Abortion Care. 26 D. Views of Abortion Across Indian Country. 29 IV. Navigating Jurisdiction in Indian Country. 31 A. Criminal... |
2023 |
| Michael Doran |
TRIBAL SOVEREIGNTY PREEMPTED |
89 Brooklyn Law Review 53 (Fall, 2023) |
In 1832, the US Supreme Court held in Worcester v. Georgia that the State of Georgia had no authority to exercise criminal jurisdiction over a non-Indian for conduct within the lands of the Cherokee Nation. In passages repeated many times since, the Court said that the several Indian nations [are] distinct political communities, having territorial... |
2023 |
| Christopher R. Green |
TRIBES, NATIONS, STATES: OUR THREE COMMERCE POWERS |
127 Penn State Law Review 643 (Summer, 2023) |
The scope of federal power is sometimes seen as a long-running battle between two stories. Story One sees the commerce power as initially broad, mistakenly contracted in the late nineteenth century, then properly restored in 1937 as the national power to deal with national problems. Story Two sees 1937 as the mistake, and the commerce power as... |
2023 |
| Justin E. Brooks |
TWO COUNTRIES IN CRISIS: MAN CAMPS AND THE NIGHTMARE OF NON-INDIGENOUS CRIMINAL JURISDICTION IN THE UNITED STATES AND CANADA |
56 Vanderbilt Journal of Transnational Law 533 (March, 2023) |
Thousands of Indigenous women and girls have gone missing or have been found murdered across the United States and Canada; these disappearances and killings are so frequent and widespread that they have become known as the Missing and Murdered Indigenous Women Crisis (MMIW Crisis). Indigenous communities in both countries often lack the... |
2023 |
| Neoshia R. Roemer |
UN-ERASING AMERICAN INDIANS AND THE INDIAN CHILD WELFARE ACT FROM FAMILY LAW |
56 Family Law Quarterly 31 (2022-2023) |
In 1978, Congress enacted the Indian Child Welfare Act (ICWA) as a remedial measure to correct centuries-old policies that removed Indian children from their families and tribal communities at alarming rates. Since 1978, courts presiding over child custody matters around the country have applied ICWA. Over the last few decades, state legislatures,... |
2023 |
| Lucas Szulczynski |
UNITED STATES v. COOLEY: A STEP TOWARDS TRIBAL SOVEREIGNTY |
56 UIC Law Review 697 (Winter 2023) |
I. Introduction. 697 II. Background. 699 A. Inherent Sovereignty and the Treaty Period. 699 B. Allotment and Territorial Erosion. 702 C. Repudiation, Termination, and Modern Policy. 706 D. Implicit Divestiture Doctrine. 708 III. Analysis: United States v. Cooley. 711 A. United States v. Cooley Background. 711 B. Ninth Circuit Court of Appeals. 714... |
2023 |
| Christine Annerfalk , Kevin Bales |
VARIATIONS IN VALOR? AMERICAN CONFLICT, THE "INDIAN WARS," AND THE CONGRESSIONAL MEDAL OF HONOR |
18 Intercultural Human Rights Law Review 175 (2023) |
The Medal of Honor is the highest award given to United States soldiers. It assumes extreme risk and sacrifice in action against an enemy. It is often awarded posthumously. This paper will examine two themes: first, a significant variation in the award of the Medal across conflicts. Further, this paper will discuss the awarding patterns of the... |
2023 |
| Heather Tanana |
VOICES OF THE RIVER: THE RISE OF INDIGENOUS WOMEN LEADERS IN THE COLORADO RIVER BASIN |
34 Colorado Environmental Law Journal 265 (Spring, 2023) |
Climate change is one of the leading challenges facing tribes today. Traditionally, Indigenous women played significant roles in tribal decisionmaking and governance. However, European contact and colonization shifted gender dynamics, imposing male-dominated leadership. Recently, Native American women are reclaiming leadership positions--formally... |
2023 |
| Gregory Ablavsky , W. Tanner Allread |
WE THE (NATIVE) PEOPLE?: HOW INDIGENOUS PEOPLES DEBATED THE U.S. CONSTITUTION |
123 Columbia Law Review 243 (March, 2023) |
The Constitution was written in the name of the People of the United States. And yet, many of the nation's actual people were excluded from the document's drafting and ratification based on race, gender, and class. But these groups were far from silent. A more inclusive constitutional history might capture marginalized communities' roles as... |
2023 |
| Noah Goldenberg , Clayton Kinsey |
WINNER, BEST APPELLATE BRIEF IN THE 2023 NATIVE AMERICAN LAW STUDENT ASSOCIATION MOOT COURT COMPETITION |
47 American Indian Law Review 343 (2022-2023) |
1. Does the Minneshonka Nation retain a power of eminent domain expansive enough to apply to non-enrolled descendants, if retaining the power at all? 2. Does the Minneshonka Nation retain inherent authority to seize non-Indian fee land within the reservation based on the presence of Minneshonka Cane? On August 20, 2020, the Minneshonka Nation's... |
2023 |
| Connor D. Hicks |
WITHOUT RESERVATION: ENSURING UNIFORM TREATMENT IN BANKRUPTCY WHILE KEEPING IN MIND THE INTERESTS OF NATIVE AMERICAN INDIVIDUALS AND TRIBES |
28 Fordham Journal of Corporate and Financial Law 341 (2023) |
The Bankruptcy Code (Code) exists as a mechanism for good faith debtors to discharge debts and seek a fresh start in life and finance. 11 U.S.C. § 106(a) ensures that not only are all debtors treated uniformly, but that all creditors, including governmental creditors which may otherwise enjoy immunity from suit, are equally subject to the... |
2023 |
| Mary Christina Wood |
"ON THE EVE OF DESTRUCTION": COURTS CONFRONTING THE CLIMATE EMERGENCY |
97 Indiana Law Journal 239 (Winter, 2022) |
In the dim and smokey twilight, with only bare necessities in tow, a family rushes to escape the wildfire racing toward them. Elsewhere, a household evacuates just ahead of a category five hurricane, perhaps not for the first time. Along the coastlines, countless others are resigned to looking on as their homesites erode into the inexorably rising... |
2022 |
| Ashley Murphy |
A CASE FOR DEFERENCE IN AMERICAN INDIAN HEALTH LAW |
46 American Indian Law Review 179 (2022) |
Landing on the sandy shores of Tabasco, Hernan Cortez embarked on his mission. As a Spanish conquistador, he was to explore and conquer the newly discovered Mexico and convert its indigenous inhabitants to Christianity. After a brief stint in the Yucatan Peninsula, Cortez's party began to push west, eventually arriving in Tenochtitlan. There he... |
2022 |
| Ekrem Korkut, Lara B. Fowler, Kathleen E. Halvorsen, Davin Holen, E. Lance Howe, Guangqing Chi |
ADDRESSING CLIMATE IMPACTS IN ALASKA NATIVE TRIBES: LEGAL BARRIERS FOR COMMUNITY RELOCATION DUE TO THAWING PERMAFROST AND COASTAL EROSION |
40 UCLA Journal of Environmental Law & Policy 185 (2022) |
Rural communities in Alaska--predominantly Alaska Native Tribes--are at the forefront of climate change impacts and climate justice concerns in the United States. According to the 2019 Alaska statewide threat assessment report, 29 communities are currently experiencing significant climate change-related erosion. Further, 38 communities face... |
2022 |
| Christian Webber |
AIDING EMPLOYMENT AND THE ENVIRONMENT ON TRIBAL LANDS: AN ANALYSIS OF HIRING PREFERENCES AND THEIR USE IN THE MINING INDUSTRY |
12 Arizona Journal of Environmental Law & Policy 298 (Summer, 2022) |
This Note analyzes hiring preferences on tribal lands in the mining industry within the United States and particularly in the State of Arizona, which has a relatively high number of both mines and federally recognized tribes. Arizona has its own robust history and case law on hiring preferences in the mining industry for tribal members. This Note... |
2022 |
| Matt Reynolds |
AMERICA'S LOST CHILDREN |
108-JUL ABA Journal 42 (June/July, 2022) |
When researchers began the painstaking work of identifying Indigenous children who died at the Genoa U.S. Indian Industrial School in Nebraska, they kept making chilling discoveries. Although old newspaper clippings, student newsletters and death records revealed students had died of flu, complications from tuberculosis, measles, polio and... |
2022 |
| K. Soundarya Lakshmi |
AN ANALYSIS ON CRISIS-CRITICAL PATENTS DURING THE COVID-19 PANDEMIC - AN INDIAN PERSPECTIVE |
102 Journal of the Patent and Trademark Office Society 607 (October, 2022) |
In December 2019, an outbreak of a novel coronavirus in Wuhan, Hubei province, manifested itself as a global health tragedy. The World Health Organization (WHO) announced it as a public health emergency of international concern on January 30, 2020 and as a pandemic on March 11, 2020. The virus, later named COVID-19, until today continues to be... |
2022 |
| James D. Diamond |
AN UNCOMFORTABLE TRUTH: LAW AS A WEAPON OF OPPRESSION OF THE INDIGENOUS PEOPLES OF SOUTHERN NEW ENGLAND |
27 Roger Williams University Law Review 255 (Spring, 2022) |
Southern New England, today, is a de facto exception to much of U.S. Indian law and policy, with progress sustained by Indigenous peoples in the region at a bare minimum. The exception is the product of more than three hundred years of discrimination and persecution with law employed as the primary weapon. After the conclusion of seventeenth... |
2022 |
| Avery Locklear |
ARE YOU NATIVE AMERICAN? |
100 North Carolina Law Review Forum 118 (2022) |
Throughout history, our nation has been obsessed with the identity of various groups of people inhabiting the United States. Since the founding, Native Americans have been tasked with protecting the traditions and customs that shape their identity against colonized norms. In the late 1800s, the Indian Major Crimes Act was created to further strip... |
2022 |