AuthorTitleCitationSummaryYear
Clinton Oxford Failing Native American Prisoners: Rluipa & the Dilution of Strict Scrutiny 9 Georgetown Journal of Law & Modern Critical Race Perspectives 203 (Fall, 2017) The treatment of prisoners is a reflection of society's true feelings about human rights. Thus, the rights of prisoners cannot lightly be ignored or cast aside or made politically expedient without serious repercussions to our constitutional liberties and human rights ideals. -Walter Echo-Hawk The Constitution's guarantee of religious liberty has... 2017
Jacob Laughlin Foreign-trade Zones in Indian County: Is a Foreign-trade Zone Right for Your Tribe? 42 American Indian Law Review 173 (2017) This Comment focuses on the establishment of Foreign-Trade Zones in Indian Country to create economic growth for tribes. In particular, it will discuss the possible impact Foreign-Trade Zones could have on tribes throughout the United States, provide tribes with information on how Foreign-Trade Zones work, and briefly examine the ways tribes can... 2017
Daniel Gick Fracking in the Badlands: Can Levying a Carbon Tax Against Oil and Gas Companies Help Native American Tribes Raise Revenue While Preserving Cherished Tribal Lands? 29 Georgetown Environmental Law Review 397 (Winter, 2017) Our entire tribal culture and existence is based on the principle that the land equals the people, us; destroy one and you destroy the other. Corey Sanders, Resident of Fort Berthold C1-3Table of Contents L1-2Introduction . L3398 I. Whether the MHA Nation has the Authority to Impose a Carbon Tax over O&G Companies Operating on (A) Trust Lands and... 2017
Casandia Bellevue Gmos, International Law and Indigenous Peoples 30 Pace International Law Review Rev. 1 (Winter 2017) This Article sprung from a desire to discover why--despite scientific uncertainty and the oft-cited precautionary principle in international law-- genetically modified organisms are still allowed to spread via international trade and natural ecological cycles. While exploring this topic, it did not take long to come across the environmental justice... 2017
David A. Hyman, David Franklyn, Calla Yee, Mohammad Rahmati Going Native: Can Consumers Recognize Native Advertising? Does it Matter? 19 Yale Journal of Law and Technology 77 (2017) Native advertising, which matches the look and feel of unpaid news and editorials, has exploded online. The Federal Trade Commission has long required advertising to be clearly and conspicuously labeled, and it recently reiterated that these requirements apply to native advertising. We explore whether respondents can distinguish native advertising... 2017
Ghazi Hashimi Helping Afghanistan's Informal Dispute Resolution Systems Follow Afghan Law in Criminal Matters: What Afghanistan Can Learn from Native American Peacemaking Program 25 Michigan State International Law Review 77 (2017) Informal dispute resolution is common in rural areas of Afghanistan because of a general lack of access to or inefficiency of the formal mechanisms in those areas. While the Afghan informal dispute resolution systems have been known to resolve some criminal cases in ways that violate human rights or deviate sharply from Afghan formal law, it is... 2017
Hope Babcock Here Today, Gone Tomorrow--is Global Climate Change Another White Man's Trick to Get Indian Land? The Role of Treaties in Protecting Tribes as They Adapt to Climate Change 2017 Michigan State Law Review 371 (2017) Indian Tribes are at the tip of the spear when it comes to climate change. Their dependence on their homelands for subsistence and cultural sustenance has made them vulnerable to climate-driven changes like sea level rise, shoreline erosion, and drought. As climate change makes their land less suitable for the animals and plants they depend on,... 2017
Hope Babcock HERE TODAY, GONE TOMORROW--IS GLOBAL CLIMATE CHANGE ANOTHER WHITE MAN'S TRICK TO GET INDIAN LAND? THE ROLE OF TREATIES IN PROTECTING TRIBES AS THEY ADAPT TO CLIMATE CHANGE 2017 Michigan State Law Review 371 (2017) Indian Tribes are at the tip of the spear when it comes to climate change. Their dependence on their homelands for subsistence and cultural sustenance has made them vulnerable to climate-driven changes like sea level rise, shoreline erosion, and drought. As climate change makes their land less suitable for the animals and plants they depend on,... 2017
Sarah Alsabti Honor Killing and the Indigenous Peoples: Cultural Right or Human Right Violation? 45 Denver Journal of International Law and Policy 457 (Summer, 2017) Many sources define honor killing as the premeditated murder of a girl or a woman. The murderer who commits this crime is usually one of the girl's or woman's family members like her brother, father, or a combination of male agnates. The murderer commits this crime to restore the family's social reputation. The killer believes he is preserving the... 2017
Bethany R. Berger Hope for Indian Tribes in the U.s. Supreme Court?: Menominee, Nebraska V. Parker, Bryant, Dollar General . And Beyond 2017 University of Illinois Law Review 1901 (2017) There has long been concern that the U.S. Supreme Court is hostile to Indian tribes. Between 1990 and 2015, tribal interests lost in 76.5% of Supreme Court cases distinctly affecting them; the loss rate rose to 82% in the first decade of the Roberts Court. With four Indian law cases on the docket last year, Native communities were poised for... 2017
Bethany R. Berger HOPE FOR INDIAN TRIBES IN THE U.S. SUPREME COURT?: MENOMINEE, NEBRASKA v. PARKER, BRYANT, DOLLAR GENERAL . AND BEYOND 2017 University of Illinois Law Review 1901 (2017) There has long been concern that the U.S. Supreme Court is hostile to Indian tribes. Between 1990 and 2015, tribal interests lost in 76.5% of Supreme Court cases distinctly affecting them; the loss rate rose to 82% in the first decade of the Roberts Court. With four Indian law cases on the docket last year, Native communities were poised for... 2017
Amanda Rutherford How Non-violent Resistance Effects Positive Change Toward Protecting Indigenous Rights and Environmental Integrity in Guatemala 8 Arizona Journal of Environmental Law & Policy Pol'y 1 (Fall, 2017) This note discusses the changing legal landscape in Guatemala and the positive impact of non-violent community resistance on protecting the environmental, social, cultural, political, and economic interests of indigenous groups. Examples of Maya resistance against the Kappas and Cassiday & Associates El Tambor gold mine and the Goldcorp Marlin Gold... 2017
Jacob Krysiak Improving Microfinance Through International Agreements and Tailoring the System to Assist Indigenous Populations 41 American Indian Law Review 409 (2017) The rise of the microfinance system and microfinance institutions (MFIs) has gained great notoriety throughout the world as a means to provide a more tailored solution to assisting the world's poor, many of which belong to indigenous populations. As these institutions began to create strong foundations and develop a portfolio of financial... 2017
Shanna Knight , Victoria Sweet , David Simmons Improving Outcomes in Indian Child Welfare Cases: Strategies for State-tribe Collaboration 36 No.1 Child Law Practice 16 (January, 2017) When a child is removed from his or her home based on suspected abuse or neglect, the court steps in to make critical legal decisions affecting that child's and family's life. These decisions about a child's safety and permanency--usually the responsibility of parents--are also the honor and responsibility of extended family members, community... 2017
Rebekah Joab Incarcerating Native American Youth in Federal Bureau of Prisons Facilities: the Problem with Federal Jurisdiction over Native Youth under the Major Crimes Act 9 Georgetown Journal of Law & Modern Critical Race Perspectives 155 (Fall, 2017) Within the context of the United States system of incarceration, there is a growing consensus upon which both sides of the political spectrum can agree: there are far too many people in American prisons. It is well known that minority populations are overrepresented within the criminal justice system. Many scholars trace the current state of... 2017
Matthew L.M. Fletcher, Wenona T. Singel Indian Children and the Federal-tribal Trust Relationship 95 Nebraska Law Review 885 (2017) C1-2TABLE OF CONTENTS I. Introduction. 886 II. Indian Children and the Founding Generation. 892 A. The Treaty and International Law Basis of the Federal-Tribal Trust Relationship. 893 B. Federal Military and Diplomatic Actions. 895 1. Colonial Era. 896 2. Revolutionary War. 899 3. Post-Revolutionary War Era. 901 4. The Northwest Indian War. 903 5.... 2017
Matthew L.M. Fletcher, Wenona T. Singel INDIAN CHILDREN AND THE FEDERAL-TRIBAL TRUST RELATIONSHIP 95 Nebraska Law Review 885 (2017) C1-2TABLE OF CONTENTS I. Introduction. 886 II. Indian Children and the Founding Generation. 892 A. The Treaty and International Law Basis of the Federal-Tribal Trust Relationship. 893 B. Federal Military and Diplomatic Actions. 895 1. Colonial Era. 896 2. Revolutionary War. 899 3. Post-Revolutionary War Era. 901 4. The Northwest Indian War. 903 5.... 2017
Lauren Adornetto Indian Country Complexities and the Ambiguous State of Marijuana Policy in the United States 65 Buffalo Law Review 329 (April, 2017) In March of 2016, U.S. Senator for New York Kirsten Gillibrand and U.S. Senator for New Jersey Cory Booker took to the realm of internet social media to share several videos that vigorously advocated for the need to expand research into the medical effects of marijuana. The social media news outlet, ATTN:, produced and shared a video featuring the... 2017
Hon. Michael J. Newman Indian Law, Success of the Fba's National Civics Initiative, and Hawaii 64-APR Federal Lawyer Law. 3 (April, 2017) This month's issue of The Federal Lawyer celebrates Indian Law and coincides with our annual Indian Law Conference--held this April at the Talking Stick Resort in Scottsdale, Ariz. The FBA is rightfully proud of the fact that our annual Indian Law Conference is the most well-attended Indian Law seminar in the United States, and has been so for many... 2017
Joseph William Singer Indian Title: Unraveling the Racial Context of Property Rights, or How to Stop Engaging in Conquest 10 Albany Government Law Review Rev. 1 (2017) It has never been contended, that the Indian title amounted to nothing. Their right of possession has never been questioned. The claim of government extends to the complete ultimate title, charged with this right of possession, and to the exclusive power of acquiring that right. Johnson v. M'Intosh (1823) [The Indian] right of occupancy is... 2017
Michael C. Blumm Indian Treaty Fishing Rights and the Environment: Affirming the Right to Habitat Protection and Restoration 92 Washington Law Review Rev. 1 (March, 2017) In 1970, several tribes in the Pacific Northwest, along with their federal trustee, sued the state of Washington claiming that numerous state actions violated their treaty rights, which assured them the right of taking fish in common with white settlers. The tribes and their federal trustee maintained that the treaties of the 1850s... 2017
Alex Tallchief Skibine Indians, Race, and Criminal Jurisdiction in Indian Country 10 Albany Government Law Review 49 (2017) Which Sovereign, among the Federal, States, and Indian nations, has criminal jurisdiction in Indian Country depends on whether the alleged perpetrator and/or the victim qualify as an Indian for the purposes of certain federal laws. Criminal jurisdiction in Indian Country is mostly determined by four federal laws, none of which have a specific... 2017
Walter H. Mengden IV Indigenous People, Human Rights, and Consultation: the Dakota Access Pipeline 41 American Indian Law Review 441 (2017) This Comment looks at the history of government-to-government relations between Native Americans and the United States. Using the Dakota Access Pipeline as a lens, this Comment proposes a step forward in advancing self-determination among Native Americans. Protecting Native American lands, the environment, and cultural history has been at the... 2017
Carla F. Fredericks , Rebecca Adamson , Nick Pelosi , Jesse Heibel Indigenous Rights of Standing Rock 43 Human Rights Rts. 2 (2017) The controversy surrounding the Dakota Access Pipeline (DAPL) is ubiquitous-- galvanizing indigenous communities and allies across the globe to stand with Standing Rock. One positive outcome has been a historic, revitalized movement to protect indigenous and human rights in the face of ever-expanding exploitation in the fossil fuel industry.... 2017
Dr. Waseem Ahmad Qureshi Indus Waters Treaty: an Impediment to the Indian Hydro-hegemony 46 Denver Journal of International Law and Policy 45 (Fall, 2017) Water is the most exquisite commodity, and its utility in the sectors of economy, food, and power production is exceptional. To capture this resource more effectively, powerful nations are racing to raise water management infrastructure in order to seize the reins of regional political supremacy by establishing hydro-hegemony. Within this context,... 2017
Chris Wold Integrating Indigenous Rights into Multilateral Environmental Agreements: the International Whaling Commission and Aboriginal Subsistence Whaling 40 Boston College International and Comparative Law Review 63 (2017) Although the international community has addressed whether environmental harm violates human rights norms, only recently has it asked whether international organizations must implement those norms. That changed when Greenland posited that the International Whaling Commission (IWC) has a duty to implement aboriginal subsistence whaling... 2017
Dalindyebo Bafana Shabalala Intellectual Property, Traditional Knowledge, and Traditional Cultural Expressions in Native American Tribal Codes 51 Akron Law Review 1125 (2017) Abstract. 1126 I. Introduction. 1126 II. What is Native American Intellectual Property and Why Does it Need Protection?. 1128 III. How Have Native American Tribes Legislated on Intellectual and Cultural Property?. 1135 A. Code Formation. 1138 B. Survey Methodology. 1139 C. Analysis. 1140 IV. What is the Scope of Current Federal Law Protecting... 2017
Ravi Soopramanien International Trade in Indigenous Cultural Heritage: What Protection Does International Law Provide for Indigenous Cultural Goods and Services in International Commerce? 53 Stanford Journal of International Law 225 (Spring, 2017) International law recognizes the property rights of indigenous peoples to their cultural heritage. Specifically, human rights treaties, customary international law, and humanitarian law have all developed to require host countries to safeguard the property rights of indigenous and tribunal peoples to their cultural heritage, human remains, and, to... 2017
Kevin J. Fandl, Nitisha Jain Investment in the Indian Real Estate Market 46 Real Estate Law Journal 32 (Summer, 2017) Real estate cannot be lost or stolen, nor can it be carried away. Purchased with common sense, paid for in full, and managed with reasonable care, it is about the safest investment in the world. - Franklin D. Roosevelt The real estate sector is the backbone of the Indian economy, as it largely contributes to its growth. Despite the turmoil that... 2017
John Dossett Justice Gorsuch and Federal Indian Law 43 Human Rights Rts. 6 (2017) On April 7, 2017, the Senate voted to confirm Justice Neil Gorsuch to fill the vacancy on the U.S. Supreme Court created by the death of Justice Antonin Scalia. Justice Gorsuch has served on the Tenth Circuit since 2006, and his judicial record received significant media attention during the Senate confirmation hearings. Although it was a... 2017
  Key Indian Child Welfare Resources 36 No.1 Child Law Practice 21 (January, 2017)   2017
Troy J.H. Andrade Legacy in Paradise: Analyzing the Obama Administration's Efforts of Reconciliation with Native Hawaiians 22 Michigan Journal of Race and Law 273 (Spring, 2017) This Article analyzes President Barack Obama's legacy for an indigenous people--nearly 125 years in the making--and how that legacy is now in considerable jeopardy with the election of Donald J. Trump. This Article is the first to specifically critique the hallmark of Obama's reconciliatory legacy for Native Hawaiians: an administrative rule that... 2017
Eli Keene LESSONS FROM RELOCATIONS PAST: CLIMATE CHANGE, TRIBES, AND THE NEED FOR PRAGMATISM IN COMMUNITY RELOCATION PLANNING 42 American Indian Law Review 259 (2017) The first American communities that will be forced to adapt to the new era of rapid global climatic change are some of the continent's oldest. Up and down the coasts of the mainland United States and Alaska, American Indian and Alaska Native tribes are already confronting accelerating erosion and increased coastal flooding. Scientists generally... 2017
Edward D. Melillo Make No Bones about It: the Need to Reform the Native American Graves Protection and Repatriation Act 30 Quinnipiac Probate Law Journal 149 (2017) It is most unpleasant work to steal bones from a grave, but . someone has to do it .. --Franz Boas, father of American Anthropology Pemina Yellow Bird is a member of the Mandan, Hidatsa, and Arikara Nations of North Dakota. One day in 1984, a security guard escorted her to a vault where she met the state archaeologist. The security guard unlocked... 2017
Katherine Florey MAKING IT WORK: TRIBAL INNOVATION, STATE REACTION, AND THE FUTURE OF TRIBES AS REGULATORY LABORATORIES 92 Washington Law Review 713 (June, 2017) Abstract: This Article examines a growing phenomenon: even as the Supreme Court has steadily contracted the scope of tribes' regulatory authority, many tribes have in recent years passed innovative laws and ordinances, often extending well beyond any comparable initiatives at the state or local level. Recently, for example, the Navajo Nation passed... 2017
Kirsten Matoy Carlson Making Strategic Choices: How and Why Indian Groups Advocated for Federal Recognition from 1977 to 2012 51 Law and Society Review 930 (December, 2017) How and why do groups employ law strategically in different venues? This article combines theoretical and methodological insights from sociolegal and interest-group studies to investigate how and why nonfederally recognized Indian groups used administrative and legislative strategies for federal recognition from 1977 to 2012. By detailing the... 2017
Beatrice I. Bonafé, Sapienza University of Rome Maritime Delimitation in the Indian Ocean (Somalia V. Kenya). Preliminary Objections. At International Court of Justice, February 2, 2017 111 American Journal of International Law 725 (July, 2017) On February 2, 2017, the International Court of Justice (ICJ or Court) delivered a judgment rejecting preliminary objections to its jurisdiction in Maritime Delimitation in the Indian Ocean. The underlying contentious case between Somalia and Kenya concerns the establishment of a single maritime boundary between the two states. The decision on... 2017
Lauren Manning Mining for Compromise in Pastoral Greenland: Promise, Progress, and Problems in International Laws' Response to Indigenous People 32 American University International Law Review 931 (2017) I. INTRODUCTION. 932 II. A REGION DEFINED BY HISTORY, POLITICS, AND NATURAL RESOURCES. 934 A. A CULTURE TORN AT THE CROSSROADS. 936 B. PRACTICAL CHALLENGES TO MINING IN THE ARCTIC. 939 III. INTERNATIONAL LAW & EXTRACTIVE MINING. 941 A. THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS. 942 B. THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL,... 2017
Amy Ralph Mudge, Randal Shaheen Native Advertising, Influencers and Endorsements: Where Is the Line Between Integrated Content and Deceptively Formatted Advertising? 21 No.5 Journal of Internet Law L. 1 (November, 2017) If you have read an article or seen a video online in the last five years, then you likely have encountered native advertising. Also known as content marketing or branded content, native advertising looks like a news story, feature article, product review, entertainment, or other kind of editorial content, but a brand marketer may have... 2017
Amy Ralph Mudge Native Advertising, Influencers, and Endorsements: Where Is the Line Between Integrated Content and Deceptively Formatted Advertising? 31-SUM Antitrust 80 (Summer, 2017) IF YOU HAVE READ A MAGAZINE OR SEEN a video online in the last five years, then you have likely encountered native advertising. Also known as content marketing or branded content, native advertising looks like a news story, feature article, product review, entertainment, or other kind of editorial content, but a brand marketer may have... 2017
Fred L. Borch, Regimental Historian & Archivist Native Americans in the Corps: a Very Short History of Judge Advocates with American Indian Ancestry 2017-APR Army Lawyer Law. 1 (April, 2017) While Native Americans have been a part of Army history since the Revolutionary War, the Corps has almost no information about Judge Advocates with American Indian ancestry. This very short history seeks to change that situation by identifying three Army lawyers with Indian tribal affiliation. Brigadier General (retired) Thomas S. Tom Walker,... 2017
Navid Khazanei Native Fragility: the Precarity of Permanent Resident Aliens in Federal Public Employment 45 Southern University Law Review 162 (Fall, 2017) As secular Iranians, my parents were victims of various forms of discrimination in Iran's public sector for disobeying the theocratic state. My father, an ophthalmologist, despite having top credentials, was denied promotions at his public hospital, because he did not want to adhere to the code of conduct expected by the theocratic state such as... 2017
Angela R. Riley Native Nations and the Constitution: an Inquiry into "Extra-constitutionality" 130 Harvard Law Review Forum 173 (April, 2017) Federal Indian law is oftentimes characterized as a niche and discrete area of law, but this depiction really misstates the breadth and relevance of the field. Federal Indian law is a horizontal subject: virtually every area of law in the American canon has an Indian law component: taxation, water rights, civil and criminal jurisdiction, labor... 2017
Addie C. Rolnick Native Youth & Juvenile Injustice in South Dakota 62 South Dakota Law Review 705 (2017) Three themes are critically important to understanding the experience of Native youth in the juvenile justice system: racism, jurisdiction, and tribal sovereignty. Racial disparities are a widely acknowledged problem in juvenile justice. While public conversation most often focuses on the over-representation and over-incarceration of African... 2017
Kirke Kickingbird New Horizons in Indian Country 43 Human Rights Rts. 1 (2017) The spring 2017 meeting of the Section of Civil Rights and Social Justice was held in St. Louis in late April. It was a joint meeting with the Section of State and Local Government, the Public Contract Law Section, and the Forum on Affordable Housing. St. Louis has always been a unique site at the conjunction of the Mississippi, Ohio, and Missouri... 2017
Alec Martinez Norton V. Ute Indian Tribe: Seeking Concrete Delineations in the Tribal Exhaustion Doctrine 95 Denver Law Review Online 13 (2017) While American Indian tribes are ever-seeking to promote their own self-governance and right to territorial management within reservation borders, tribal judicial systems have been traditionally limited in their ability to assert civil jurisdiction over nonmembers within reservations. The Ute Tribe's desire for control within its reservation led to... 2017
Riley Plumer Overriding Tribal Sovereignty by Applying the National Labor Relations Act to Indian Tribes in Soaring Eagle Casino and Resort V. National Labor Relations Board 35 Law & Inequality: A Journal of Theory and Practice 131 (Winter, 2017) On July 1, 2015, the United States Court of Appeals for the Sixth Circuit decided Soaring Eagle Casino and Resort v. NLRB. The three-judge panel unanimously concluded that the National Labor Relations Act (NLRA), a generally applicable federal statute, should not apply to Indian tribes. However, by a 2-1 vote, the court held that the NLRA would... 2017
Marshal Garbus Penobscot Nation V. Mills: First Circuit Dodges the Indian Canon of Construction to Diminish the Water Rights of the Penobscot Nation 31 Tulane Environmental Law Journal 107 (Winter 2017) I. Overview. 107 II. Background. 108 A. The Indian Canon of Construction. 108 B. Alaska Pacific Fisheries v. United States and Interpreting Water Rights. 109 C. Historical Context: The Penobscot Nation and The Maine Indian Claims Settlement Act. 110 1. The Settlement Acts. 110 2. Maine v. Johnson, Delineation of Water Rights, and Sovereignty. 111... 2017
Erin Yerke Personalizing Pollution and Landscape Destruction: How Native American and International Perspectives Should Be Integrated into Federal Environmental Policy 19 Rutgers Journal of Law & Religion 73 (Fall, 2017) Every part of this soil is sacred in the estimation of my people. Every hillside, every valley, every plain and grove, has been hallowed by some sad or happy event in days long vanished. Even the rocks, which seem to be dumb and dead as they swelter in the sun along the silent shore, thrill with memories of stirring events connected with lives of... 2017
Douglas C. Harris Property and Sovereignty: an Indian Reserve and a Canadian City 50 U.B.C. Law Review 321 (June, 2017) Property rights, wrote Morris Cohen in 1927, are not about things, but about relations between the owner and other individuals in reference to things. The law of property constructs a particular set of relationships between people, and, in the case of private property, he continued, its essence is always the right to exclude. This right,... 2017
« ‹
7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
» ›