| Author | Title | Citation | Summary | Year |
| Gregory Ablavsky , Bethany Berger |
"SUBJECT TO THE JURISDICTION THEREOF": THE INDIAN LAW CONTEXT |
100 New York University Law Review Online 201 (October, 2025) |
Section 1 of the Fourteenth Amendment provides that [a]ll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. Much of the debate over the meaning of this provision in the nineteenth century, especially what it meant to be subject to the... |
2025 |
| Rebecca Tsosie, Michael Kotutwa Johnson |
"THE SEED IS THE LAW": CREATING NEW GOVERNANCE FRAMEWORKS FOR INDIGENOUS HEIRLOOM SEEDS AND TRADITIONAL KNOWLEDGE |
71 UCLA Law Review 1770 (July, 2025) |
We were told that the Seed is the Law: It is the Law of Life. It is the Law of Regeneration. Oren Lyons (Faithkeeper for the Onondaga Nation) The United Nations World Intellectual Property Organization (WIPO) held a diplomatic conference in May 2024 where participants adopted a historic new treaty on Intellectual Property, Genetic Resources and... |
2025 |
| Pippa Browde |
#TAXBACK? PROHIBITING STATE REAL PROPERTY TAXES ON LAND IN INDIAN COUNTRY |
108 Marquette Law Review 877 (Summer, 2025) |
Land is a critical asset of Indian tribes. As tribes wrestle with how to create sustainable economies to support their sovereignty, the use and management of tribal land is integral. Taxation is a key component of economic development. This Article is about taxation of land within Indian country. It considers existing law that allows for state... |
2025 |
| Lokesh Vyas , Praharsh Gour |
A BRIEF HISTORY OF HONEST CONCURRENT USE IN INDIAN TRADEMARK LAW |
115 The Trademark Reporter 785 (September-October, 2025) |
C1-2TABLE OF CONTENTS Abstract. 787 I. Introduction. 787 II. Legislative Evolution. 793 III. Judicial Evolution or Judicial Convolution?. 800 A. The Interplay Between Acquiescence and HCU. 802 1. Hindustan Pencils and Pre-1958 Cases on HCU and Acquiescence. 803 2. Post-1958 Interpretation on Acquiescence: Sumeet Machines Pvt. Ltd.. 806 B. Reading... |
2025 |
| Tamara Thermitus |
A CANADIAN EXPERIENCE OF REPARATIONS: INDIAN RESIDENTIAL SCHOOL SETTLEMENTS |
119 AJIL Unbound 159 (2025) |
My parents, immigrants from Haiti, settled in Canada. I grew up in Sept-Îles, a town with an Indigenous community. We were the first Black family to put down roots there. One day, Steve, an Indigenous friend, invited me to his home, a brand-new house on the reserve. I was shocked. The walls were covered with graffiti of despair, red sacrifice,... |
2025 |
| William McGoughran |
A CULTURAL PROPERTY INTEREST: HOW INDIGENOUS GROUPS CAN USE TORT LAW TO REPOSSESS THEIR ARTIFACTS |
58 Vanderbilt Journal of Transnational Law 521 (March, 2025) |
States have called for, and negotiated with, the British Museum for decades, hoping it would return their cultural property. However, most of the artifacts that make up this cultural property remain in the halls of the British Museum. The Museum claims that the British Museum Act and its classification as a Universal Museum protect it from... |
2025 |
| Michelle Bryan |
A MOST ESSENTIAL POWER: THE CASE FOR RESTORING COMPREHENSIVE LAND USE AUTHORITY IN INDIAN COUNTRY |
48 Public Land & Resources Law Review 46 (2025) |
Since time immemorial, [Tribal Nations] have cultivated a relationship with the land, its resources, and its other inhabitants. That relationship remains a unique feature of modern tribal governance .. Today, land use policies encompass the physical location of a Tribal Nation and its members, the use of agriculture or commerce to support its... |
2025 |
| Isaac Santos |
A TREATY RIGHT TO HEALTHY FORESTS? USING TRIBAL FISHING RIGHTS TO CHALLENGE TIMBER SALES |
55 Environmental Law Reporter (ELI) 10317 (May/June, 2025) |
Tribes in the Pacific Northwest have faced persistent obstacles to their exercise of treaty fishing rights, most prominently illegal regulation of off-reservation fishing by state governments. As salmon decline, a new frontier is emerging for treaty right violations: environmental degradation. A recent court victory ruled that a series of culverts... |
2025 |
| Arthur B. Macomber |
ABANDONING THE IRON HORSE: RAILROAD RIGHTS-OF-WAY AND THE IMPLIED DOCTRINE OF REVERTER ON INDIAN RESERVATIONS |
48 Public Land & Resources Law Review 194 (2025) |
I. Introduction. 194 II. The 1820 Act to Sell Public Lands to Settlers. 196 III. Definitions: Fee Simple, Reversions, Forfeitures, Remainders, and Executory Interests. 198 A. Fee Simple Interests in Montana and Idaho.. 199 B. Reversions and Forfeiture.. 204 C. Remainder Interests. 208 D. Executory Interests. 211 IV. Grants to Railroads for... |
2025 |
| William K. Barquin , Elizabeth Thompson Tollefsbol, PhD , Traci J. Whelan , Attorney General, Kootenai Tribe of Idaho, Tribal Victim Assistance Specialist, United States Attorney's Office, District of Idaho, Assistant United States Attorney and Branch Man |
ACHIEVING PUBLIC SAFETY WITHIN TRANSBOUNDARY TRIBES: CHALLENGES AND PATHS FORWARD |
73 Department of Justice Journal of Federal Law and Practice 5 (August, 2025) |
For prosecutors and law enforcement assigned to Indian country, jurisdiction can be a challenging maze of factors, complicated by boundaries that may have been set by haphazard processes. Borders on transnational boundaries further complicate the complexity of this challenge. This article examines the challenges of achieving public safety when... |
2025 |
| Bailey Ulbricht |
ACTUALIZING INDIGENOUS DATA SOVEREIGNTY THROUGH TRIBAL SELF-GOVERNANCE |
55 New Mexico Law Review 77 (Winter, 2025) |
Data, as described by a Yurok Tribe council member, is the original theft-- the first thing stolen from Native peoples in the United States. Indigenous data sovereignty seeks to redress this and prevent future data infractions by placing Indigenous communities in charge of decision-making about their own data. Yet with no established body of... |
2025 |
| Anna Rossio |
ADDRESSING INEQUITIES TO MATERNAL AND FETAL HEALTH OUTCOMES FOR NATIVE AMERICAN WOMEN |
34 Annals of Health Law Advance Directive 273 (Spring, 2025) |
The Native American population in the U.S. has faced a long history of abuse, neglect, and discrimination. Native women, specifically, experienced traumatic and ineffective health care for decades, particularly regarding forced sterilization that took place during the 1960s and 1970s. Repercussions from this maltreatment persist today with high... |
2025 |
| Marie-Louise Fehun Aren |
ADVANCING LEGAL RECOGNITION AND COMMUNITY-LED REPARATIONS FOR INDIGENOUS RIGHTS IN COMBATING CLIMATE CHANGE AND ENVIRONMENTAL DEGRADATION |
119 AJIL Unbound 171 (2025) |
Designing meaningful reparations for Indigenous communities requires grappling with the enduring effects of historical and contemporary injustices. Despite the existence of international legal frameworks such as the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and International Labour Organization Convention 169,... |
2025 |
| Matthew J. McGrath , Elizabeth Kronk Warner |
ADVANCING TRIBAL CO-MANAGEMENT: LESSONS LEARNED FROM INTERNATIONAL COMPARISONS |
73 University of Kansas Law Review 807 (April, 2025) |
This Article examines whether existing legal mechanisms for tribal co-management of federal lands and natural resources effectively recognize tribal sovereignty and achieve meaningful power-sharing between tribes and the federal government. Through comparative analysis of international treaties governing transboundary water resources and tribal... |
2025 |
| Matthew L.M. Fletcher |
AI AND TRIBAL COURT PRACTICE |
48 American Journal of Trial Advocacy 363 (Spring, 2025) |
American Indian tribal court practice resides at the intersection of two difficult legal problems. First, because tribal justice systems are usually very young and dynamic, awareness and analysis of tribal law is underdeveloped. Second, because tribal nations are not governed by state or federal law, tribal law is culturally unique. Tribal court... |
2025 |
| Gabriela Landolfo |
AN OLD WORLD DISCOVERY FOR NEW WORLD JUSTICE: THE FSIA PATH TO REPATRIATE STOLEN NATIVE AMERICAN ART |
58 Columbia Journal of Law and Social Problems 437 (2025) |
The legacy of imperialism thrives in the modern European museum. From Alutiiq masks in Berlin to a Pawnee Chief's remains in Stockholm, museum displays resign tribal emblems to the same fate as the people who produced them: forcibly separated from their culture and assimilated into a foreign one. Although U.S. courts recognize a cause of action... |
2025 |
| Marley Forest |
ANOTHER BROKEN PROMISE: THE MMIWG2S CRISIS AND THE VIOLATION OF THE FEDERAL INDIAN TRUST OBLIGATION |
100 Washington Law Review 793 (October, 2025) |
Abstract: Indigenous Women, Girls, and Two-Spirit people go missing and are murdered at rates nearly ten times the national average in the United States. This disproportionate epidemic of violence has been labeled the Missing and Murdered Indigenous Women, Girls, and Two-Spirit (MMIWG2S) crisis. Several factors exacerbate this crisis. First,... |
2025 |
| Ann E. Tweedy |
ANTICOMMANDEERING & INDIAN AFFAIRS LEGISLATION |
62 Harvard Journal on Legislation 39 (Winter, 2025) |
The Supreme Court recently applied the narrow and relatively new anticommandeering doctrine for the first time to federal Indian Affairs legislation in Haaland v. Brackeen. It did so without explaining why the doctrine should be extended from the Interstate Commerce Clause context to that of the Indian Commerce Clause, as well as to the other... |
2025 |
| Paul F. Kirgis |
ARBITRATING WITH INDIAN TRIBES: SEPARABILITY, TRIBAL SOVEREIGN IMMUNITY, AND EXHAUSTION OF TRIBAL REMEDIES |
55 New Mexico Law Review 295 (Summer, 2025) |
Indian tribes have emerged as significant contributors to the national and regional economies, notably through industries such as gaming, natural resource extraction, technology, and consumer lending. This increasing commercial activity brings with it increasing commercial disputes. Both Indian tribes and their nonmember counterparts need a fair... |
2025 |
| Kegan S. Peters |
ARIZONA v. NAVAJO NATION'S IMPACT ON THE UNITED STATES-INDIAN TRUST FRAMEWORK |
28 University of Denver Water Law Review 1 (Spring, 2025) |
Introduction. 2 I. History and Development of the Navajo Nation. 2 A. A Brief History of the Navajo Pre-Colonization. 3 B. The Navajo Nation's Fate Post-Colonization. 4 II. The Water Crisis in the West. 7 A. The Water Crisis on the Navajo Reservation. 7 B. The Water Crisis on Other Indian Reservations. 10 C. The Water Shortage for Non-Indian... |
2025 |
| Grant Christensen |
ARTICLE IV AND INDIAN TRIBES |
110 Iowa Law Review 629 (January, 2025) |
ABSTRACT: Unlike the first three articles of the Constitution which create the three branches of the federal government and articulate their limited powers, Article IV establishes a set of rules to police the actions of states and knit them together into a single union. Notably absent from Article IV is any mention of the tribal sovereign.... |
2025 |
| Abhishree Manikantan |
BALANCING PARTY AUTONOMY AND PUBLIC POLICY IN INDIAN PRIVATE INTERNATIONAL LAW: INSIGHTS FROM TRANSASIA PRIVATE CAPITAL v. GAURAV DHAWAN |
57 New York University Journal of International Law & Politics 537 (Spring, 2025) |
I. Introduction. 537 II. Facets of Foreign Elements in a Commercial Dispute. 538 III. The Default Rule - Foreign Law as a Factual Issue. 539 IV. Party Autonomy in Indian Private International Law. 540 A. Choice of Law and Proper Law of a Contract. 540 B. Contours of Public Policy. 543 C. Complete Justice. 544 V. Conclusion. 546 |
2025 |
| Judge J. Matthew Martin |
BARRIERS AND OPPORTUNITIES IN REPORTING IMPAIRED-DRIVING DATA FROM INDIAN COUNTRY |
64 Judges' Journal 19 (Winter, 2025) |
In 2021, the most recent year for which the National Highway Traffic Safety Administration (NHTSA) has data, there were 188 alcohol-involved crash fatalities on federally recognized Indian reservations in the United States. Of these individuals, 111 were Natives. While this may seem like a drop in the ocean of the greater, national impaired-driving... |
2025 |
| Layton Coker |
BECERRA v. SAN CARLOS APACHE TRIBE |
92 Tennessee Law Review 1009 (Spring, 2025) |
Introduction.. 1009 I. Issue. 1011 II. Development of the Issue. 1012 A. The Indian Self-Determination and Educational Assistance Act. 1012 B. The Indian Law Canon of Construction. 1014 III. Analysis. 1016 A. Majority. 1017 B. Dissent. 1020 IV. Legal and Policy Implications. 1022 A. Self-Determination Penalty?. 1022 B. Neglecting the Indian Canon... |
2025 |
| Danara Greer |
BENEATH THE SURFACE: UNEARTHING LEGAL, CULTURAL, AND ENVIRONMENTAL CHALLENGES TO RESOURCE EXTRACTION ON INDIGENOUS LAND |
16 San Diego Journal of Climate & Energy Law 163 (2024-2025) |
C1-2Table of Contents Abstract. 164 I. Land Acknowledgment. 164 II. A Note on Terminology. 165 III. Overview of Resource Extraction in Indian Country. 166 IV. Consequences of Extractive Industries in Indian Country. 169 A. Environmental Degradation. 169 B. Cultural Heritage Destruction. 172 V. The Current Legal Framework. 174 A. Erosion of Tribal... |
2025 |
| Jennifer Saeckl , Tanya Gibbs |
BEST PRACTICES FOR EMPLOYERS ON TRIBAL LAND |
104-DEC Michigan Bar Journal 38 (December, 2025) |
While economic development in Indian Country is long-standing, American Indian tribes have significantly transformed their participation in the economy, enhancing value and development on reservation lands. Over the past few decades, tribal businesses have evolved into self-sustaining, sovereign entities that support their members and nations.... |
2025 |
| Iza Hussin , Politics and International Studies, University of Cambridge, UK, Email: ih298@cam.ac.uk |
BETWEEN EMPIRES: ARAB, ASIAN, AND EUROPEAN LEGAL ORDERS IN THE NINETEENTH-CENTURY INDIAN OCEAN |
50 Law and Social Inquiry 935 (August, 2025) |
Seema Alavi, Sovereigns of the Sea: Omani Ambition in the Age of Empire. Delhi: Penguin Random House, 2023 Seema Alavi's Sovereigns of the Sea presents a reading of global and imperial politics of the long nineteenth century from an oceanic and Asian vantage point. From this vantage point, she shows that Arab and Asian imperialisms jostled and... |
2025 |
| Saumyashree Ghosh , Yale Law School, New Haven, USA, Email: saumyashree.ghosh@yale.edu |
BETWEEN LAW AND POLITICS: ISLAMIC JUDGES IN THE SOUTH INDIAN LITTORAL, 1808-1885 |
43 Law and History Review 557 (August, 2025) |
This article offers a fresh account of the colonial processes that upended Muslim juridical regimes in South Asia between 1808 and 1885. Based on unexplored sources in Arabic and English, the discussion is set in the South Indian coastal towns of today's Kerala and Tamilnad, where Muslims practiced Shafi'i law and were not subject to continuous... |
2025 |
| Kelsey Henderson |
BEYOND BINGO: HOW CLASS II BINGO-BASED "SLOT MACHINES" ARE RESHAPING TRIBAL-STATE DYNAMICS |
15 UNLV Gaming Law Journal 279 (Spring, 2025) |
The game of chance commonly known as bingo was once a staple in classrooms and senior centers. Now it is a pillar of Native American economic success and sovereignty. From its humble beginnings to casino floors, bingo has undergone a technological evolution, becoming the source of billions of dollars in revenue for Native American tribes.... |
2025 |
| Seth Davis |
CAN THE ROBERTS COURT FIND FEDERAL INDIAN LAW? |
77 Stanford Law Review Online 77 (June, 2025) |
Imagine the lost world of lawfinding. In that world, there was a general common law for federal judges to find. And in that world, each statute had a single, best meaning for judges to unearth with the traditional tools of statutory interpretation. Of course, we are not going back to that world. Too much has happened. Take Erie Railroad Co. v.... |
2025 |
| Hana E. Brown , Department of Sociology, Wake Forest University, Winston-Salem, NC, USA, Email: brownhe@wfu.edu |
CHALLENGING THE INDIAN CHILD WELFARE ACT: COLORBLIND RACISM, WHITENESS AS PROPERTY, AND THE LEGAL ARCHITECTURE OF SETTLER COLONIALISM |
59 Law and Society Review 356 (June, 2025) |
(Received 19 October 2023; revised 14 June 2024; accepted 4 July 2024) Bringing critical race theory and settler colonial theory to bear on legal mobilization scholarship, this article examines the ongoing campaign to strike down the 1978 Indian Child Welfare Act (ICWA). ICWA sought to end the forced removal of American Indian children from their... |
2025 |
| Olivia Taylor & Taylor Weinstein |
CHARITABLE DONATIONS: NAGPRA REGULATIONS PROMPT VALUATION QUESTIONS FOR REPATRIATED NATIVE AMERICAN CULTURAL OBJECTS |
115 Practical Tax Strategies 14 (August, 2025) |
Under these regulations, museums and federal agencies are required to obtain free, prior, informed consent from lineal descendants, Indian Tribes, or Native Hawaiian organizations to exhibit, access, or research human remains or cultural items, or else face civil penalties. In January 2024, photographs of sheets covering museum exhibitions... |
2025 |
| Diane Marie Amann |
CHILD-TAKING JUSTICE AND THE FEDERAL INDIAN BOARDING SCHOOL INITIATIVE |
119 American Journal of International Law 629 (October, 2025) |
I always wonder where the ghosts are & if they still celebrate the living - Kinsale Drake, Diné poet I formally apologize as president of the United States of America, for what we did. - Joe Biden, U.S. president All too common, among the too many wrongs done to oppressed communities, is child-taking. Child-taking occurs when a state or similar... |
2025 |
| J. Christopher Upton , Temple University, Philadelphia, USA |
CODIFYING GAYA, CULTIVATING HUNTERS: INDIGENOUS HUNTING SELF-GOVERNANCE AND SELF-DISCIPLINE IN TAIWAN |
48 PoLAR: Political and Legal Anthropology Review 1 (November, 2025) |
Received: 23 September 2024 Revised: 7 March 2025 Accepted: 29 June 2025 Keywords: hunting | Indigenous peoples | interlegality | self-discipline | Taiwan | Truku Hunting rights have emerged as a central issue in debates over Indigenous peoples' legal and political rights in Taiwan. Recent shifts in state policy and attitudes toward Indigenous... |
2025 |
| Andrew Novak |
COLLATERAL CONSEQUENCES OF CONVICTION AND RESTORATION OF RIGHTS IN TRIBAL LAW |
100 North Dakota Law Review 363 (2025) |
I. INTRODUCTION. 364 II. AN OVERVIEW OF COLLATERAL CONSEQUENCES IN INDIAN COUNTRY. 367 A. Restrictions on Tribal Office. 369 B. Restrictions on Business Licenses, Permits, and Regulated Occupations. 374 C. Restrictions on Civil Rights and Tribal Social Services. 378 D. Restrictions in the Gaming Industry. 383 III. FEDERAL LAW, STATE LAW, AND TRIBAL... |
2025 |
| Michele Peterson-Badali , Department of Applied Psychology and Human Development, Ontario Institute for Studies in Education, University of Toronto |
COMPARING PREDICTIVE VALIDITY OF YOUTH LEVEL OF SERVICE/CASE MANAGEMENT INVENTORY SCORES IN INDIGENOUS AND NON-INDIGENOUS CANADIAN YOUTH |
49 Law and Human Behavior 151 (April, 2025) |
Objective: There is an increasing recognition of the necessity to establish the predictive validity of risk assessment scores within specific population subgroups, particularly those (including Indigenous peoples) who are overrepresented in the criminal justice system. I compared measures of discrimination and calibration of the Youth Level of... |
2025 |
| Curtis E. Osceola, Esq. |
CONGRESSIONAL TRIBAL TRUST RESPONSIBILITY AND THE OPIOID MDL: A CALL TO FINISH THE WORK THE JUDICIARY WAS FORCED TO UNDERTAKE |
79 University of Miami Law Review 346 (Winter, 2025) |
Congressional inaction has forced Native American Tribes to utilize the judiciary as a last resort to obtain relief from the crippling effects of the opioid epidemic. Tribes have received inadequate funding from settlements to abate the widespread use of prescription opiates on and around their lands of concern. Hundreds of mass tort lawyers have... |
2025 |
| Temple Stoellinger, Alyson White Eagle, Jacy Rudloff, Kate Gamble, Tarissa Spoonhunter |
CONSERVATION EASEMENTS AND BISON RESTORATION ON THE WIND RIVER INDIAN RESERVATION |
15 Arizona Journal of Environmental Law & Policy 167 (Spring, 2025) |
The Wind River Tribal Buffalo Initiative (WRTBI) aims to restore bison to the Wind River Indian Reservation (WRIR) in Wyoming through land acquisition and conversion to bison pasture, with the ultimate goal of returning the land to tribal ownership. Conservation easements, as voluntary legal agreements that restrict land use to protect conservation... |
2025 |
| Cynthia R. Harris |
CORRECTING THE CONFIDENTIALITY CATCH-22 OF INDIGENOUS KNOWLEDGE |
39-WTR Natural Resources & Environment 13 (Winter, 2025) |
Imagine a motion passes on a 6-3 vote: The City Council just certified the environmental impact report for a new housing development and approved the associated permits and licenses. The applicant, municipal planner, deputy city attorney (DCA), and the applicant's counsel pack up their materials among a smattering of applause from supporters and... |
2025 |
| Gaines West , Asher K. Gregg |
CROSS-BORDER LAW ENFORCEMENT AFTER MCGIRT AND CASTRO-HUERTA |
88 Texas Bar Journal 813 (November, 2025) |
Throughout the 19th century, federal policy oscillated between recognition of tribal sovereignty and assimilation efforts. Treaties, congressional acts, and forced removals, including the infamous Trail of Tears, redefined territorial boundaries, particularly in present-day Oklahoma. By the early 20th century, Congress shifted course with the... |
2025 |
| Meridian S. Wappett |
DAMNED IF YOU DO, DAMMED IF YOU DON'T: SOLUTIONS FOR THE SNAKE RIVER AND THE NEZ PERCE TRIBE |
86 Montana Law Review 443 (Summer, 2025) |
I have heard talk and talk, but nothing is done. Good words do not last long unless they amount to something. -Hinmatóowyalahtq'it, Chief Joseph For millennia, the Snake River has been a vital artery of life for the Nez Perce people, also known as the Nimiipuu, woven into their cultural identity, spiritual practices, and food security. However,... |
2025 |
| Armando Guevara Gil |
DAVID GETCHES: A JURIST AT THE SERVICE OF THE INDIGENOUS CAUSE |
36 Colorado Environmental Law Journal 1 (Winter, 2025) |
For this brief exploration of the creative and prolific work of David Getches (1942-2011), I have selected three doctrinal contributions that he elaborated in different but complementary areas of Indian law in the United States. I believe that they adequately reflect the original and rigorous thinking of a jurist who knew how to combine, in an... |
2025 |
| Jared E. Munster, Ph.D. |
DEVELOPMENT AND PRACTICE OF TRIBAL COMMUNITY PLANNING: ENSURING INDIGENEITY IN THE PLANNING PROCESS |
13 American Indian Law Journal 1 (May, 2025) |
C1-2Table of Contents I. Introduction. 2 II. Land Use Planning in Tribal Communities. 2 A. Purpose of Land Use Planning in Tribal Communities. 2 1. History of Planning in Tribal Communities. 3 B. Indigeneity of the Planning Process. 4 III. Survey of Community Planning Efforts in Tribal Communities. 6 A. Confederated Tribes of the Umatilla Indian... |
2025 |
| John K. Crawford |
DISENROLLMENT AS CITIZENSHIP REVOCATION: PROMOTING TRIBAL SOVEREIGNTY BY EMBRACING INTERNATIONAL NORMS |
134 Yale Law Journal 1359 (February, 2025) |
This Note argues that Indian tribes can best address disenrollment by viewing the problem through the lens of international norms regarding citizenship revocation. Tribal officials and members, advocates and journalists, and scholars and practitioners of federal Indian law typically understand disenrollment, which is when a tribe severs its... |
2025 |
| Tyler Hall |
DRAWING LINES IN THE SEA: INDIGENOUS SOVEREIGNTY THROUGH THE COASTAL ZONE |
15 Washington Journal of Social & Environmental Justice 129 (June, 2025) |
Where sovereign entities and physical states of matter intersect, brightline rules become increasingly arbitrary and enigmatic. Coastal law and American Indian law--two such complex frameworks within the United States--have evolved along dramatically divergent paths despite sharing similar beginnings. Both emerged from constitutional gaps, were... |
2025 |
| Makai Zuniga |
ECONOMIC DEVELOPMENT FOR NATIVE NEVADA: HOW INDIAN GAMING CAN FURTHER TRIBAL SELF-DETERMINATION |
15 UNLV Gaming Law Journal 309 (Spring, 2025) |
Indigenous Peoples in Nevada can trace their lineage to the Great Basin region from time immemorial through their oral histories and creation stories. Using Western metrics of carbon dating, the oldest known petroglyphs in North America are found in Nevada and are approximately 15,000 years old. The oldest human mummy in North America is also found... |
2025 |
| Jason E. Williams |
ENVIRONMENTAL JUSTICE AND INDIGENOUS COMMUNITIES IN THE SHADOW OF TAR SANDS |
39-WTR Natural Resources & Environment 47 (Winter, 2025) |
Amid the vast boreal forests of northern Alberta, Canada, lies one of the world's largest and most controversial sources of oil--the Canadian tar sands. This remote and rugged landscape is both an epicenter of industrial activity and the ancestral home of numerous Indigenous communities, including the Athabasca Chipewyan First Nation (ACFN) and... |
2025 |
| Neoshia R. Roemer |
EQUITY FOR AMERICAN INDIAN FAMILIES |
109 Minnesota Law Review 1713 (April, 2025) |
For the better part of two centuries, the cornerstone of federal Indian policy was destabilizing and eradicating tribal governments. In the process, federal Indian policy also dismantled American Indian families via child removal. Attempting to equalize American Indians through the practice of assimilation, decades of Indian child removal policies... |
2025 |
| Kristina McLaughlin |
ESTABLISHING A "DUTY TO NOT DESTROY": USING FIDUCIARY DUTY TO HOLD SETTLER-COLONIAL STATES RESPONSIBLE FOR CULTURAL AND LINGUISTIC HARMS COMMITTED AGAINST INDIGENOUS STUDENTS AT GOVERNMENT-RUN BOARDING SCHOOLS |
34 Minnesota Journal of International Law 299 (Spring, 2025) |
The United States is the last of the archetypal settler-colonial nations to address the atrocities committed against indigenous attendants of government-run boarding schools. In the other settler-colonial states (Canada, New Zealand, and Australia), plaintiffs have asserted violation of fiduciary duty claims to hold the government accountable for... |
2025 |
| Pai Liu |
EXPANDING THE NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT TO THE U.S. TERRITORIES |
27 NYU Journal of Legislation and Public Policy 869 (2024-2025) |
The U.S. Native American Graves Protection and Repatriation Act (NAGPRA) protects cultural objects and human remains of federally recognized Indian tribes, Native Hawaiians, and Native Alaskans. However, NAGPRA does not apply outside the fifty states, meaning indigenous people in the U.S. Territories are not covered by this landmark legislation.... |
2025 |