| Author | Title | Citation | Summary | Year |
| Allison E. Davis |
Roadway to Reform: Assessing the 2015 Guidelines and New Federal Rule to the Indian Child Welfare Act's Application to State Courts |
22 Suffolk Journal of Trial and Appellate Advocacy 91 (2016-2017) |
In 1987, Congress enacted the Indian Child Welfare Act (ICWA), in order to protect Native American children during custody and placement proceedings. The 38-year-old statute was last updated on its application with guidelines in 1979. Over the years, courts have determined that the guidelines were not binding on state courts; rather the... |
2017 |
| Michael I. Fiske |
Self-determination for Whom? Native American Sovereign Immunity & Disability Rights |
10 Albany Government Law Review 271 (2017) |
Both Native American tribes and individuals with disabilities are historically oppressed minorities that have experienced a variety of profound social, cultural, and economic barriers. From the very beginnings of the United States, dominant societal attitudes have perceived Native Americans as being inferior and uncivilized, and commonly referred... |
2017 |
| Bryan R. Lynch |
Silence Is Anything but Golden: Laws of General Applicability in Indian Country |
42 American Indian Law Review 207 (2017) |
On July 8, 2012, Theresa Carsten was employed by the Inter-Tribal Council of Nevada (ITCN), a non-profit organization made up of twenty-six federally recognized Nevada tribes, as the director of the Women, Infants, and Children Program. One day later, Carsten was fired for, as she alleged in a complaint filed against the ITCN, seeking leave under... |
2017 |
| Jennifer Bundy |
Small-town Pride |
2017-MAR West Virginia Lawyer 24 (January-March, 2017) |
Allen H. Loughry II is proud to be a small-town boy, proud of his extensive education and proud to be the first chief justice from Tucker County. Loughry credits his humble childhood as a significant influence in his adult life and believes it will continue to guide him in his role as chief justice. I grew up in a very average West Virginia... |
2017 |
| Raymond Cross |
Sovereign Bargains, Indian Takings and the Preservation of Indian Country in the 21st Century |
38 Public Land & Resources Law Review 15 (2017) |
I. Introduction. 16 A. Chief Justice Marshall's Construction of the Indian Bargaining Model. 25 B. The Giving and Taking of Indian America. 27 C. The First Era: Americanizing the European Doctrine of Discovery. 30 D. The Second Era: The Indian Peoples' Descent from Sovereign to Wardship Status. 34 E. The Third Era: Judicial Indecision Regarding the... |
2017 |
| Matthew L.M. Fletcher |
States and Their American Indian Citizens |
41 American Indian Law Review 319 (2017) |
For the past four decades, Republican control of the White House and Congress has not augured well for Indian country. Conservative administrations are unlikely to support trust land acquisitions, for example. The current administration's informal spokesmen talk openly of privatizing Indian trust and reservation lands, a twenty-first century form... |
2017 |
| The Honorable Richard Blake |
Strengthening Indian Children and Families: Lessons from Tribal Court |
36 No.1 Child Law Practice 19 (January, 2017) |
A young girl's case came before me. She had experienced more tragedy and heartache than any person deserves at a young age. As the tribal judge hearing her case, I was charged with placing her in a home with individuals and a family who would be responsible for caring for her and healing her heart. Because there was not available kin or a home with... |
2017 |
| Leah K. Jurss |
TELLING STORIES IN COUNCIL AND COURT: DEVELOPING A REFLECTIVE TRIBAL GOVERNANCE |
10 Albany Government Law Review 157 (2017) |
You can't understand the world without telling a story. There isn't any center to the world but a story. For many indigenous peoples, story holds a multitude of meanings. There are old stories; throwback traditional stories; stories that hold within them time immemorial. There are new stories; stories that modernize the old stories; stories that... |
2017 |
| Deepa Badrinarayana |
The "Right" Right to Environmental Protection: What We Can Discern from the American and Indian Constitutional Experience |
43 Brooklyn Journal of International Law 75 (2017) |
Introduction. 76 I. Environmental Protection and the U.S. Constitution. 83 A. Understanding the Environmental Justice Problem. 83 B. Constitutional Law and Environmental Justice. 86 II. Environmental Protection and the Indian Constitution. 96 A. Constitutional Law and Environmental Protection in India. 97 1. The Supreme Court's Interpretation of... |
2017 |
| Prabhash Ranjan , Pushkar Anand |
The 2016 Model Indian Bilateral Investment Treaty: a Critical Deconstruction |
38 Northwestern Journal of International Law and Business Bus. 1 (Fall, 2017) |
In the global backdrop of backlash against bilateral investment treaties (BITs) and the investor-state dispute settlement (ISDS), this paper critically studies India's new Model BIT, adopted in 2016 as a response to increasing number of ISDS claims brought against India. This paper studies the Indian Model BIT, which heralds a new era of... |
2017 |
| Neyooxet Greymorning |
The Anglocentric Supremacy of the Marshall Court |
10 Albany Government Law Review 191 (2017) |
From the period of 1810 to 1835 legal precedent was established on issues pertaining to the rights of Indigenous peoples by the United States Supreme Court through its decisions in what frequently is referred to as the Marshall Cases. From this period on, Justice Marshall's rulings have consistently been cited as representing definitive... |
2017 |
| Cate Bailey, Martine Powell, Sonja P. Brubacher, Deakin University |
The Attrition of Indigenous and Non-indigenous Child Sexual Abuse Cases in Two Australian Jurisdictions |
23 Psychology, Public Policy, and Law 178 (May, 2017) |
Indigenous children are significantly more likely to be victims of sexual abuse than non-Indigenous children. To investigate justice outcomes for Indigenous children, we aimed in this study to compare Indigenous versus non-Indigenous cases of suspected child sexual abuse as they proceed through the criminal justice system in 2 Australian... |
2017 |
| Evelyn Rose, The University of Melbourne |
The Beginning and End of Rape: Confronting Sexual Violence in Native America. By Sarah Deer. Minneapolis: University of Minnesota Press, 2015. 232 Pp. $22.95 Paperback |
51 Law and Society Review 209 (March, 2017) |
Native American scholar Sarah Deer's new book is a timely and valuable contribution which offers a wide-ranging and insightful consideration of the crisis of sexual violence against Native women. The author opens by challenging the description of this problem as an epidemic, arguing that the term depoliticizes the issue by conjuring images of a... |
2017 |
| Dennis S. Karjala , Robert K. Paterson |
The Case Against Property Rights in Old Intangible Indigenous Cultural Property |
15 Northwestern Journal of Technology & Intellectual Property Prop. 1 (Fall, 2017) |
Note--This article expands on a chapter to be published as The Failed Case for Property Rights in Intangible Indigenous Cultural Property, in Christoph Antons and William Logan (eds.) Intellectual Property, Cultural Property and Intangible Cultural Heritage (Routledge, forthcoming, 2017). This article critically reviews some of the... |
2017 |
| Charles Short |
The Creation of the Sierra Del Divisor National Park: the Conservation of Foreign Investment in Peru, or How a National Park Neglects to Fully Protect Natural Resources or Indigenous Communities |
49 University of Miami Inter-American Law Review 167 (Fall, 2017) |
I. Introduction. 168 II. Peruvian Laws Governing the Environment and Indigenous People. 170 1. The Constitution of Peru. 170 2. Prior Consultation. 172 3. The Implementation of Prior Consultation in Peru. 173 4. Peru's Mining Laws. 176 5. Required Environmental Impact Studies. 178 III. The Creation of the Sierra Del Divisor National Park. 180 1.... |
2017 |
| Andrew W. Minikowski |
The Creation of Tribal Cultural Hegemony under the Indian Arts and Crafts Act and Native American Graves Protection and Repatriation Act |
92 North Dakota Law Review 397 (2017) |
Congress enacted the Indian Arts and Crafts Act and the Native American Graves Protection and Repatriation Act with the goal of providing tribes with greater control and authority over their own handicraft traditions and cultural resources. Although both laws have been successful in many aspects, both have also produced unintended consequences that... |
2017 |
| Joseph J. Heath, Esq |
The Doctrine of Christian Discovery: its Fundamental Importance in United States Indian Law and the Need for its Repudiation and Removal |
10 Albany Government Law Review 112 (2017) |
The doctrine of Christian discovery has been a foundational principle in United State Indian law since the 1810 Supreme Court decision in Fletcher v. Peck and the 1823 decision in Johnson v. M'Intosh. Vine Deloria, Jr. reminded us of this, when he wrote a chapter entitled Conquest Masquerading as Law in 2006: [T]he treaties with Native Americans... |
2017 |
| S.J. Rombouts |
The Evolution of Indigenous Peoples' Consultation Rights under the Ilo and U.n. Regimes |
53 Stanford Journal of International Law 169 (Spring, 2017) |
I. Introduction: Indigenous Peoples, International Law, and Consultation Rights. 170 A. Statistics and Definitions. 171 B. Contemporary Problems. 172 C. Land, Resources, and Self-Determination. 173 D. Cultural Recognition: Consultation and Participation. 176 II. ILO Convention 169 and the UNDRIP: Development and Key Concepts. 177 A. ILO Convention... |
2017 |
| Julia M. Bedell |
The Fairness of Tribal Court Juries and Non-indian Defendants |
41 American Indian Law Review 253 (2017) |
At oral argument for Dollar General v. Mississippi Band of Choctaw Indians, Chief Justice John Roberts twice asked the Mississippi Choctaw's counsel if it would violate due process for a non-Indian defendant to be tried by a tribal court jury that consisted solely of tribal members. In response to this question, former Solicitor General Neal... |
2017 |
| Julia M. Bedell |
THE FAIRNESS OF TRIBAL COURT JURIES AND NON-INDIAN DEFENDANTS |
41 American Indian Law Review 253 (2017) |
At oral argument for Dollar General v. Mississippi Band of Choctaw Indians, Chief Justice John Roberts twice asked the Mississippi Choctaw's counsel if it would violate due process for a non-Indian defendant to be tried by a tribal court jury that consisted solely of tribal members. In response to this question, former Solicitor General Neal... |
2017 |
| Raymond Cross |
The Fate of Native American Diversity of America's Law Schools |
38 Public Land & Resources Law Review 289 (2017) |
I. Introduction. 290 II. The Birth of Native American Diversity and Indian Self-Determination During the Late 1960s. 291 A. Introduction. 291 B. The Triumph of Indian Self-Determination. 293 C. The Rise of Native American Diversity in America's Law Schools. 295 D. 299 III. Why the Community Development Focused Model of Native American... |
2017 |
| Raymond Cross |
The Federal Trust Duty in an Age of Indian Self-determination: an Epitaph for a Dying Doctrine? |
38 Public Land & Resources Law Review 209 (2017) |
I. Introduction. 211 A. Responding to the Realist Critique of the Federal Trust Doctrine. 211 B. Defending the Value of Scholarly Theorizing in the Federal Indian Law Context. 215 II. Exploring the Marshallian Roots of the Twin Concepts of the Federal Trust Duty and Indian Self-Determination. 219 A. Why Indian Advocates Rightfully Seized on the... |
2017 |
| Itzchak Kornfeld |
The Impact of Climate Change on American and Canadian Indigenous Peoples and Their Water Resources |
47 Environmental Law Reporter News & Analysis 10245 (March, 2017) |
Access to water is a fundamental climate change issue in North America and internationally. It is related to significant political, social, and ecological struggles that indigenous peoples face, and governments and courts so far have done little to address these inequities. This Article, adapted from Chapter 10 of Climate Justice: Case Studies in... |
2017 |
| Alicia Summers , Kathy Deserly |
The Importance of Measuring Case Outcomes in Indian Child Welfare Cases |
36 No.1 Child Law Practice 22 (January, 2017) |
As practicing child welfare attorneys, judges, and agency staff, you may not have a direct role in research on compliance or case outcomes for Indian Child Welfare Act (ICWA) cases . yet! New regulations were released in December 2016 that require child welfare agencies to gather ICWA data. Some of these data will naturally involve court processes... |
2017 |
| Holly E. Cerasano |
The Indian Health Service: Barriers to Health Care and Strategies for Improvement |
24 Georgetown Journal on Poverty Law and Policy 421 (Spring, 2017) |
The need for quality health care is the thread that binds all Americans. All too often, that fundamental need goes unmet. For Native Americans, that will come as no surprise. Despite the creation of the Indian Health Service (IHS) and the funds appropriated by Congress each year to deliver adequate health care services, the Native American... |
2017 |
| Vindhya S. Mani , Divyanshu Srivastava , Mukundan Chakrapani , Jay Erstling |
The Indian Patent System: a Decade in Review |
8 Cybaris an Intellectual Property Law Review Rev. 1 (2017) |
I. Introduction. 3 II. Evolution of the Patent Act. 4 III. Compulsory Licenses and Working of Patents. 6 A. Statutory Provisions. 7 B. Compulsory Licensing: 2007-2011. 9 C. Compulsory Licensing: 2011 Onward. 11 1. Brief Background. 11 2. Order of the Division Bench of the Bombay High Court. 12 3. Bombay High Court's Reasoning and Judgment. 12 a.... |
2017 |
| Joseph Patterson |
The Native American Struggle Between Economic Growth and Cultural, Religious, and Environmental Protection: a Corporate Solution |
92 Notre Dame Law Review Online 140 (2017) |
Four days following his inauguration, President Donald Trump signed an executive order expedit[ing] the Dakota Access Pipeline (DAPL), otherwise known as the Bakken Oil Pipeline. This executive order sparked new rounds of protests by the Standing Rock Sioux Tribe, the Oglala Sioux Tribe, and environmentalists, who opposed the construction of the... |
2017 |
| Oliver W. MacLaren , Julie-Anne Pariseau , Olthuis, Kleer, Townshend LLP, Toronto, Canada, omaclaren@oktlaw.com, Olthuis, Kleer, Townshend LLP, Toronto, Canada, jpariseau@oktlaw.com |
The New World Bank Safeguard Standard for Indigenous Peoples: Where Do We Start? |
45 Syracuse Journal of International Law and Commerce 35 (Fall, 2017) |
Paper prepared for presentation at the 2017 WORLD BANK CONFERENCE ON LAND AND POVERTY The World Bank--Washington DC, March 20--24, 2017 ABSTRACT. 36 I. INTRODUCTION. 36 II. UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES. 38 III. THE NEW ENVIRONMENTAL AND SOCIAL FRAMEWORK AND THE SAFEGUARD STANDARD ON INDIGENOUS PEOPLES. 42 A. ESF: A... |
2017 |
| Sarah Deer, Mary Kathryn Nagle |
The Rapidly Increasing Extraction of Oil, and Native Women, in North Dakota |
64-APR Federal Lawyer 34 (April, 2017) |
During the past year, the Standing Rock Sioux Tribe and allies made national news as they gathered in prayerful ceremony at the confluence of the Missouri and Cannonball Rivers to stop the construction of the Dakota Access Pipeline project in North Dakota. The pipeline threatens the tribe's drinking water, sacred sites, and burial grounds, and, as... |
2017 |
| Lance Morgan |
The Rise of Tribes and the Fall of Federal Indian Law |
49 Arizona State Law Journal 115 (Spring, 2017) |
I teach a one-week law school class on tribal economic law and policy. I start each class with the following written on the board: I hate federal Indian law, but I love tribal law. I explain to my students that I hate federal Indian law because it is a set of highly restrictive rules that often serve as rationalizations to take away or limit... |
2017 |
| Lance Morgan |
THE RISE OF TRIBES AND THE FALL OF FEDERAL INDIAN LAW |
49 Arizona State Law Journal 115 (Spring, 2017) |
I teach a one-week law school class on tribal economic law and policy. I start each class with the following written on the board: I hate federal Indian law, but I love tribal law. I explain to my students that I hate federal Indian law because it is a set of highly restrictive rules that often serve as rationalizations to take away or limit... |
2017 |
| Jonathan Gendzier |
The Tennessee Supreme Court and Cherokee Sovereignty: State V. Foreman and Indian Removal |
25 Journal of Southern Legal History 309 (2017) |
. the swelling sides of the adjoining hills were then covered with habitations, and the rich level grounds beneath lying on the river, was cultivated and planted, which now exhibit a very different spectacle, humiliating indeed to the present generation, the posterity and feeble remains of the once potent and renowned Cherokees: the vestiges of the... |
2017 |
| Vicki J. Limas |
The Tribal Labor Sovereignty Act: Do Indian Tribes Finally Hold a Trump Card? |
41 American Indian Law Review 345 (2017) |
In each congressional term since 2007, Republican lawmakers, with some Democratic supporters, have introduced bills titled Tribal Labor Sovereignty Act. The proposed legislation would amend the National Labor Relations Act (NLRA) to explicitly exclude from coverage federally recognized Indian tribes that operate tribally owned enterprises on... |
2017 |
| Professor Steven H. Hobbs |
THE TRIBES OF MAYCOMB COUNTY: THE CONTINUING QUEST TO TRANSCEND OUR DIFFERENCES |
47 Cumberland Law Review 61 (2016-2017) |
We are a tribal people, we Americans, in spite of our national motto: E pluribus unum. We are subdivided by race, class, culture, religion, education, physical and mental health, and so much more. While multiculturalism is said to be enriching and empowering to our communal life, our celebration of diversity seldom permits us to totally look beyond... |
2017 |
| Mary K. Mullen |
The Violence Against Women Act: a Double-edged Sword for Native Americans, Their Rights, and Their Hopes of Regaining Cultural Independence |
61 Saint Louis University Law Journal 811 (Summer, 2017) |
Diane Millich could not escape. Millich, a Native American and member of the Southern Ute tribe of Colorado, had found herself married to a physically and emotionally abusive husband. One day, her husband even appeared at her work carrying a gun, promising to kill her. Living on the Southern Ute reservation, Millich reached out to tribal law... |
2017 |
| Gina Allery |
The Volkswagen Settlement: an Opportunity for Tribes to Mitigate Nitrous Oxide Emissions in Indian Country |
64-JUN Federal Lawyer 12 (June, 2017) |
On June 28, 2016, the United States lodged a partial settlement with automakers Volkswagen AG, Audi AG, Volkswagen Group of America Inc., and Volkswagen Group of Chattanooga Operations LLC (collectively Volkswagen). The partial settlement resolved allegations that Volkswagen violated the Clean Air Act by selling 2009 to 2015 model-year motor... |
2017 |
| Alice Wade |
The Waning of the Indian Child Welfare Act: How Mediation May Help Save the Act and Preserve its Original Intent |
18 Cardozo Journal of Conflict Resolution 829 (Spring, 2017) |
In 1978, Congress passed the Indian Child Welfare Act (ICWA) in response to the staggering rates at which Native American Children were separated from their parents and removed from their communities. At the time, between twenty-five-thirty-five percent of all Native American children were removed from their families and placed in new homes,... |
2017 |
| Sarah Krakoff |
They Were Here First: American Indian Tribes, Race, and the Constitutional Minimum |
69 Stanford Law Review 491 (February, 2017) |
Abstract. In American law, Native nations (denominated in the Constitution and elsewhere as tribes) are sovereigns with a direct relationship with the federal government. Tribes' governmental status situates them differently from other minority groups for many legal purposes, including equal protection analysis. Under current equal protection... |
2017 |
| Sarah Krakoff |
THEY WERE HERE FIRST: AMERICAN INDIAN TRIBES, RACE, AND THE CONSTITUTIONAL MINIMUM |
69 Stanford Law Review 491 (February, 2017) |
Abstract. In American law, Native nations (denominated in the Constitution and elsewhere as tribes) are sovereigns with a direct relationship with the federal government. Tribes' governmental status situates them differently from other minority groups for many legal purposes, including equal protection analysis. Under current equal protection... |
2017 |
| Jordan Gross |
THROUGH A FEDERAL HABEAS CORPUS GLASS, DARKLY --WHO IS ENTITLED TO EFFECTIVE ASSISTANCE OF COUNSEL IN TRIBAL COURT UNDER ICRA AND HOW WILL WE KNOW IF THEY GOT IT? |
42 American Indian Law Review 1 (2017) |
C1-2Table of Contents Introduction. 2 I. Constitutional Regulation of Defense Counsel in State and Federal Court. 7 A. An Evolving Standard--From Due Process Farce and Mockery to Sixth Amendment Effectiveness. 7 B. Strickland v. Washington--The Court Settles on a Sixth Amendment Standard. 12 1. Strickland Deficient Performance. 16 2. Strickland... |
2017 |
| Lorelei Laird |
To Form a Nation |
103-NOV ABA Journal 54 (November, 2017) |
That sin--the forcible ouster of the Hawaiian monarchy--has some Native Hawaiians waging a legal battle to this day to regain some measure of independence. Under the monarchy, American and European businesspeople had prospered. But they wanted control in this land of paradise. So in 1887, they assembled a militia and forced King David Kalkaua at... |
2017 |
| Nicole Russell |
To Further Justice in the Greater Native American Community: Ethical Responsibilities of a Tribal Attorney in Disenrollment Disputes |
30 Georgetown Journal of Legal Ethics 991 (Fall, 2017) |
The United States' long and fraught history with the native peoples who originally inhabited the land is largely considered one of exploitation, forced assimilation, and abandonment. In light of past injustices, the federal government has come to employ a government-to-government relationship with tribes and [has] recognized tribal jurisdiction.... |
2017 |
| Marcia Zug |
TRADITIONAL PROBLEMS: HOW TRIBAL SAME-SEX MARRIAGE BANS THREATEN TRIBAL SOVEREIGNTY |
43 Mitchell Hamline Law Review 761 (2017) |
I. Introduction. 761 II. Same-Sex Marriage in Indian Country. 768 III. Tribal Sovereignty, Tradition, and Unfairness. 773 A. Interpreting Santa Clara Pueblo v. Martinez. 774 B. The Cherokee Freedmen. 777 IV. Tribal Traditions and Fairness. 783 A. Crow Dog and Tribal Justice. 784 B. Mississippi Band of Choctaw Indians v. Dollar General Corp. 787 1.... |
2017 |
| Peter J. Herne |
Tribal Nations, Indian Gaming, and the Rigged Economy |
10 Albany Government Law Review 239 (2017) |
On March 10, 2016 I was honored to serve as the key note speaker at the Native American Law in the Modern Era symposium hosted at Albany Law School. During my presentation I attempted to take attendees back in time and remind them of the role that Alexander Hamilton's funding plan had on Indian Country. What transpired for Tribal Nations under... |
2017 |
| Jenadee Nanini |
Tribal Sovereignty and Fintech Regulations: the Future of Co-regulating in Indian Country |
1 Georgetown Law Technology Review 503 (Spring, 2017) |
Native American tribes possess something special--tribal sovereignty. Tribal sovereignty includes tribes' right to govern themselves, define their own membership, manage tribal property, and regulate tribal business and domestic relations. Tribal sovereignty also recognizes the existence of a government-to-government relationship between tribes... |
2017 |
| J. Garrett Kizer, Haley McCullough |
Tribal Water Law: Cutting Edge Insights from Practitioners in Indian Country |
21 University of Denver Water Law Review 115 (Fall, 2017) |
Las Vegas, Nevada October 12-13, 2017 |
2017 |
| Raymond Cross |
Tribes as Rich Nations |
38 Public Land & Resources Law Review 117 (2017) |
I. Introduction. 119 A. The Life-Cycle of the Tribe. 123 1. Birth. 123 2. Childhood. 127 3. Adolescence. 128 4. Death. 133 5. Rebirth. 143 II. The Failed Effort to Emancipate the American Indian Peoples. 146 A. The Origin of Tribal Self-Determination. 147 1. Evaluating the Self-Determination Component. 148 2. Evaluating the Tribal Component. 149... |
2017 |
| Raymond Cross |
TRIBES AS RICH NATIONS |
38 Public Land & Resources Law Review 117 (2017) |
I. Introduction. 119 A. The Life-Cycle of the Tribe. 123 1. Birth. 123 2. Childhood. 127 3. Adolescence. 128 4. Death. 133 5. Rebirth. 143 II. The Failed Effort to Emancipate the American Indian Peoples. 146 A. The Origin of Tribal Self-Determination. 147 1. Evaluating the Self-Determination Component. 148 2. Evaluating the Tribal Component. 149... |
2017 |
| Scott Trowbridge |
Understanding the 2016 Indian Child Welfare Act Regulations |
36 No.1 Child Law Practice Prac. 6 (January, 2017) |
The Indian Child Welfare Act (ICWA) was passed in 1978 in response to widespread removals of Native American children. It came on the heels of official policies aimed at eroding tribal sovereignty and culture. ICWA is unique in that it seeks to protect children, their families, and the right of tribal governments to exercise parens patriae... |
2017 |
| Monique Kreisman |
UNITED STATES v. BRYANT, FEDERAL HABITUAL OFFENDER LAWS, AND THE RIGHTS OF DEFENDANTS IN TRIBAL COURTS: A BETTER SOLUTION TO DOMESTIC VIOLENCE EXISTS |
39 Campbell Law Review 205 (Winter, 2017) |
If you cannot afford an attorney, one will be appointed for you. Since Miranda v. Arizona, that popularized phrase has widely been regarded as true in the United States. However, because the Bill of Rights does not apply to Native American tribes, defendants in tribal courts are regularly sentenced to imprisonment without the aid of counsel. One... |
2017 |