| Author | Title | Citation | Summary | Year |
| Chris James , Ryan Seelau |
UNFULFILLED OBLIGATIONS: REALIZING THE PROMISE OF TRIBAL SOVEREIGNTY |
51 Human Rights 33 (October, 2025) |
For much of the 20th century, U.S. Census Bureau data revealed a distressing socioeconomic picture that Tribal nations across the United States were trying desperately to escape: the lowest per capita income, the lowest median family income, and the highest family poverty rates of any population in the country. In response, 50 years ago, Congress... |
2025 |
| Frank Pommersheim , Bryce Drapeaux |
UNITED STATES v. SIOUX NATION OF INDIANS REVISITED: JUSTICE, REPAIR, AND LAND RETURN |
70 South Dakota Law Review 176 (2025) |
The amazing legal journey of this case begins in 1923 and ends with a Sioux Nation of Indians victory in the Supreme Court in 1980. Before reaching the Supreme Court, the case was litigated four different times before the Court of Claims because of the ineffective assistance of counsel and the necessity of a congressional statute to clear away... |
2025 |
| Nina-Simone Edwards |
UNVEILING THE ENVIRONMENTAL IMPACT OF LARGE LANGUAGE MODELS ON INDIGENOUS COMMUNITIES: A CALL FOR ACTION AND LIABILITY |
38 Tulane Environmental Law Journal 1 (Winter, 2025) |
Large Language Models (LLMs) have rapidly gained popularity for their language generation and comprehension capabilities, promising increased efficiency in various sectors. However, while celebrated for their transformative potential, LLMs exacerbate current climate issues. This Article highlights the detrimental environmental footprint of LLMs,... |
2025 |
| John P. LaVelle |
USES AND ABUSES OF JOHNSON v. M'INTOSH IN NATIVE AMERICAN LAND RIGHTS CASES: INVESTIGATIVE INSIGHTS FROM THE INDIAN LAW JUSTICE FILES |
86 Montana Law Review 281 (Summer, 2025) |
The 200th anniversary of the foundational Indian law decision Johnson v. M'Intosh has come and gone, with many scholars contributing criticism and commentary. The dominant focus has been the case's notorious embrace of the so-called doctrine of discovery, an odious theory for rationalizing European nations' claims of superior rights to lands... |
2025 |
| Wesley James Furlong , Lori E. Blumenthal |
WATER KNOWS NO BOUNDARIES: TRIBAL JURISDICTION OVER NON-INDIANS' OFF-RESERVATION CONDUCT THAT THREATENS ON-RESERVATION TRIBAL WATER RESOURCES |
48 Public Land & Resources Law Review 109 (2025) |
It is also axiomatic that the quality of the natural environment on the Reservation impacts directly the health and welfare of the Tribes and the[ir] economic security. Pollution in the ground, air and water knows no boundaries and impacts Tribal, fee and allotted lands on the Reservation. It is extremely difficult to separate the effects of air... |
2025 |
| Danielle Garcia, Aleja Cretcher, Adam de Monet, Editor-in-Chief, Symposium Editors |
WELCOME TO RED RISING: THE SHIFTING LEGAL LANDSCAPE OF TRIBAL SOVEREIGNTY |
71 UCLA Law Review 1618 (July, 2025) |
The Red Rising: The Shifting Legal Landscape of Tribal Sovereignty (Red Rising) Symposium would not have been possible without the leadership and vision of Angela R. Riley (Citizen Potawatomi Nation) and Lauren van Schilfgaarde (Cochiti Pueblo). We extend our sincerest gratitude to all contributing panelists, speakers, artists, and community... |
2025 |
| Jake Granese |
WEST FLAGLER AND THE FUTURE OF SPORTS BETTING: NAVIGATING TRIBAL SOVEREIGNTY AND THE NEED FOR CONSUMER PROTECTION IN A GROWING MARKET |
34 University of Miami Business Law Review 132 (Fall, 2025) |
Sports betting in the United States has exploded in recent years, with a record--breaking $11 billion in revenue in 2023. This growth has inspired state governments to try to leverage this lucrative business. One recent development is the 2021 Gaming Compact between the Seminole Tribe of Florida and the state of Florida. The Compact represents a... |
2025 |
| Annelisa Kingsbury Lee |
WHAT WE TALK ABOUT WHEN WE TALK ABOUT (INDIAN) SOVEREIGNTY: MONTANA AND THE APPLICATION OF GENERAL STATUTES TO TRIBES |
77 Stanford Law Review Online 219 (June, 2025) |
Montana v. US is a case about tribal civil jurisdiction. Yet it has had a second life in a surprising context: federal statutes of general applicability that do not mention tribes. This Comment explores the circuit split on these silent statutes and shows that Montana is the doctrinal lynchpin for every court that has considered the question.... |
2025 |
| Angelo Baca , Katherine Belzowski |
WHY TRIBAL NATIONS NEED TO ADDRESS USE OF ARTIFICIAL INTELLIGENCE |
61-AUG Arizona Attorney 26 (July/August, 2025) |
The development and use of artificial intelligence (AI) software has proliferated. As a technical system, AI expresses society's cultural framework and understanding for engaging with the world. However, technology companies developing AI fail to consider the effects of this technology on Native American peoples, allowing for cultural... |
2025 |
| Gabriel Negron |
YO SOY BORICUA, PA' QUE TU LO SEPAS: HOW HEIRS' PROPERTY ENDANGERS THE FUTURE OF PUERTO RICO |
19 Florida A & M University Law Review 45 (Spring, 2025) |
Even when we were under the Spanish flag, we had a movement that just wanted assimilation into Spain, a movement of autonomy-which has been the majority always-and a movement for separation. In that sense, Puerto Rico's political reality is very different from any place I know in the whole world. C1-2Table of Contents Introduction. 46 I.... |
2025 |
| Lauren van Schilfgaarde |
(UN)VANISHING THE TRIBE |
66 Arizona Law Review 409 (Summer, 2024) |
The U.S. Supreme Court has revived century-old rhetoric that frames Tribal sovereignty as vanishing. The logic in this reasoning is often cloaked behind concerns for states' equal footing and interests. But once the veneer is removed, the Court's reliance upon what I term the vanishing Tribe trope reveals a lawless foundation and ultimately harms... |
2024 |
| Audra Locicero |
A CASE FOR TRIBAL CO-MANAGEMENT OF FEDERAL PUBLIC LANDS |
53 Stetson Law Review 543 (Spring, 2024) |
We are the land. To the best of my understanding, that is the fundamental idea embedded in Native American life and culture in the Southwest. More than remembered, the Earth is the mind of the people as we are the mind of the Earth .. It is not a means of survival .. It is rather part of our being, dynamic, significant, real. Virtually every person... |
2024 |
| Max Clayton |
A NEW MOMENT FOR INDIAN WATER RIGHTS SETTLEMENTS |
64 Natural Resources Journal 33 (Winter, 2024) |
Indian water rights settlements have been the primary mechanism to resolve water conflicts between tribal governments and state, municipal, and non-governmental parties. Although scholars have for decades roundly criticized settlements for their many shortcomings, this paper suggests that a combination of forces has altered the conditions for... |
2024 |
| James Cavallaro , Silvia Serrano Guzmán , Jessica Tueller |
A NEW PATH FORWARD? HOW ATTENTION TO ECONOMIC, SOCIAL, CULTURAL, AND ENVIRONMENTAL RIGHTS COULD INCREASE U.S. INDIGENOUS AND AFRICAN-AMERICAN CIVIL SOCIETY ENGAGEMENT WITH THE INTER-AMERICAN HUMAN RIGHTS SYSTEM |
28 UCLA Journal of International Law and Foreign Affairs 39 (Fall, 2024) |
This Article contends that the evolving approach of the inter-American human rights system toward the human rights of Indigenous peoples and persons of African descent, including their economic, social, cultural, and environmental rights, presents a key opportunity for U.S. civil society actors to expand beyond the dominant framework of civil... |
2024 |
| Emilie (Smith) Rohde |
A QUESTIONABLE CATEGORIZATION--TRADEMARK'S STRUGGLE TO PROTECT TRIBAL CULTURAL PROPERTY |
28 Marquette Intellectual Property & Innovation Law Review 33 (Winter, 2024) |
I. INTRODUCTION: THE USE OF TRIBAL NAMES AND INSIGNIA BY THIRD PARTIES. 33 II. DIFFERENTIATING BETWEEN CULTURAL AND INTELLECTUAL PROPERTY. 37 III. AVAILABLE TRADEMARK PROTECTIONS FOR TRIBAL INSIGNIA. 40 A. Common Law Protections and Trademark Registration. 40 i. Common Law Protections. 41 ii. State Registration. 41 iii. Federal Registration. 42 B.... |
2024 |
| María Luz García , Sociology, Anthropology, and Criminology Department, Eastern Michigan University, Ypsilanti, Michigan, USA |
A SCANDALOUS PRESENCE IN THE COURTROOM: INDIGENOUS IMMIGRANT INTERPRETERS AND THE POLITICS OF LANGUAGE IDEOLOGIES IN US COURTS |
47 PoLAR: Political and Legal Anthropology Review 209 (November, 2024) |
This article analyzes how the experiences and observations of Indigenous people from Latin America who work as legal interpreters reveal the ways that the position of court interpreter is racialized. The meaning of the norms of the invisibility and neutrality of the interpreter and the role of the interpreter as erasing barriers become points... |
2024 |
| Alejandro E. Camacho , Elizabeth Kronk Warner , Jason McLachlan , Nathan Kroeze |
ADAPTING CONSERVATION GOVERNANCE UNDER CLIMATE CHANGE: LESSONS FROM INDIAN COUNTRY |
110 Virginia Law Review 1549 (November, 2024) |
Anthropogenic climate change is increasingly causing disruptions to ecological communities upon which Natives have relied for millennia. These disruptions raise existential threats not only to ecosystems but to Native communities. Yet no analysis has carefully explored how climate change is affecting the governance of tribal ecological lands. This... |
2024 |
| Mark Dedenbach |
ADDRESSING LEGAL GAPS |
103-NOV Michigan Bar Journal 18 (November, 2024) |
Amazing the things you find when you bother to search for them --Sacagawea, Shoshone guide to Lewis and Clark Years ago, between my junior and senior years in college, I signed up to become an AmeriCorps VISTA volunteer. As luck would have it, my class of VISTAs was the first to have some of its volunteers trained to work as paralegals in a... |
2024 |
| Makalika Naholowa'a |
ADVANCING INTERNATIONAL INTELLECTUAL PROPERTY NEGOTIATIONS TO PROTECT INDIGENOUS CULTURES |
49 Human Rights 21 (2024) |
This past fall, the U.S. Patent and Trademark Office (USPTO) issued an uncommon request for public comment and notice of Tribal consultation regarding protections for Native American culture and traditional knowledge in the intellectual property system. This effort is a part of the USPTO's work to develop U.S. positions on legal instruments being... |
2024 |
| Elias Marques de Medeiros Neto, Fernando Eduardo Serec |
AGRIBUSINESS AND INDIGENOUS LANDS THE IMPORTANCE OF THE MULTI-DOOR CONFLICT RESOLUTION SYSTEM |
30 Dispute Resolution Magazine 21 (January, 2024) |
Brazilian agribusiness is a pillar of the national economy. This is evident when looking at the numbers, which demonstrate the sector's strength in Brazil and around the world. It is estimated that agribusiness will constitute around 24% of the Brazilian GDP in 2023, nearly one quarter of the country's economy. This is due, in part, to record grain... |
2024 |
| Lauren van Schilfgaarde |
AMERICAN CULTURAL HERITAGE'S EMBRACE OF TRIBAL CULTURAL HERITAGE |
33-SUM Kansas Journal of Law & Public Policy 275 (Summer, 2024) |
Historically, Tribal cultural heritage has been conceptualized as fundamentally distinct from American cultural heritage. Consequently, Tribal cultural heritage has received only piecemeal protection under the typical American cultural heritage law framework. However, as Tribal advocates have pressed for protections of Tribal cultural heritage,... |
2024 |
| Julie Cavanaugh-Bill, PRESIDENT, STATE BAR OF NEVADA |
AN INTRODUCTION TO NEVADA'S TRIBES AND THE DYNAMICS OF TRIBAL LAW |
32-FEB Nevada Lawyer 4 (February, 2024) |
This issue of Nevada Lawyer explores the makeup of tribal law across the state of Nevada, touches briefly on federal Indian law - in particular the Indian Child Welfare Act and tribal sovereignty - and hopefully introduces many of you to the amazing cultural and historical backdrop of the lands we now call Nevada. These topics are very near and... |
2024 |
| Erick Guapizaca Jiménez |
AN OLD DILEMMA IN DEEP SEABED MINING: FREE, PRIOR, AND INFORMED CONSENT OF INDIGENOUS PEOPLES IN AREAS BEYOND NATIONAL JURISDICTION |
118 AJIL Unbound 83 (2024) |
Free, prior, and informed consent of Indigenous peoples (prior consent) is a principle of international law that requires states to consult and obtain the consent of Indigenous peoples before projects or legislation that may affect their rights are approved. This principle is applicable to land-based mining projects unfolding in lands titled to... |
2024 |
| Jennifer Horkovich |
ARIZONA v. NAVAJO NATION AND SYSTEMIC FAILURES IN THE TRIBAL WATER ALLOCATION SCHEME |
35 Fordham Environmental Law Review 30 (Spring, 2024) |
When the United States Supreme Court's decision in Arizona v. Navajo Nation was published in June 2023, Indian Country was hardly surprised with the Court's ruling. There, the Court found that the United States had no affirmative duty to affirmatively protect the Navajo Nation's water rights under the 1868 Treaty. The Court was clear: the treaty is... |
2024 |
| Katherine Hanson |
ARIZONA v. NAVAJO NATION AND THE FIGHT FOR NATURAL RESOURCES IN INDIAN COUNTRY |
30 UC Law Environmental Journal 151 (May, 2024) |
Water in the American southwest is fiercely fought over. The Colorado River, a primary water source in the region, has produced volumes of litigation, such that it has come to be known as the Law of the River. With states, tribes, individuals, and the federal government all vying for water, not all will succeed. The Article begins by discussing... |
2024 |
| Grant Christensen |
ARTICLE III AND INDIAN TRIBES |
108 Minnesota Law Review 1789 (April, 2024) |
Among the most basic principles of our federal courts is that they are courts of limited jurisdiction, exercising only those powers delegated to them in Article III. In 1985 the Supreme Court inexplicably created an exception to this constitutional tenet and unilaterally declared a plenary judicial power to review the exercise of an Indian tribe's... |
2024 |
| Michael Fakhri, University of Oregon School of Law |
AT THE MARGINS OF GLOBALIZATION: INDIGENOUS PEOPLES AND INTERNATIONAL ECONOMIC LAW. BY SERGIO PUIG. CAMBRIDGE, UK: CAMBRIDGE UNIVERSITY PRESS, 2021. PP. XIV, 148. INDEX |
118 American Journal of International Law 212 (January, 2024) |
How does one defend globalization while facing the aftermath of the COVID-19 pandemic that entrenched historic degrees of inequality within and between countries? Sergio Puig's recent book, At the Margins of Globalization: Indigenous Peoples and International Economic Law, sets out to do just that with a focus on Indigenous peoples' interests as... |
2024 |
| Carrie Field, Sarah Price, A.C. Locklear |
BARRIERS AND OPPORTUNITIES FOR TRIBAL ACCESS TO PUBLIC HEALTH DATA TO ADVANCE HEALTH EQUITY |
52 Journal of Law, Medicine & Ethics 39 (Spring, 2024) |
Keywords: Tribal Sovereignty, Public Health Authority, American Indian and Alaskan Native Health, Data Sharing, Electronic Case Reporting Abstract: Public health authorities (PHAs), including Tribal nations, have the right and responsibility to protect and promote the health of their citizens. Although Tribal nations have the same need and legal... |
2024 |
| Maria Regina Martinez |
BATOK IN THE EAST, ALOHA IN THE WEST: INTELLECTUAL PROPERTY PROTECTIONS OF INDIGENOUS PEOPLES IN THE PHILIPPINES AND THE UNITED STATES |
58 University of San Francisco Law Review 541 (2024) |
Apo Whang-Od is a 106-year-old mambabatok, or traditional tattoo artist, from the Philippines. Hailing from the remote village of Buscalan, she is the oldest member of the Kalinga indigenous group to practice batok, the ancient art of hand-tapped tattoos, which showcases the group's sacred symbols. Though she lives in a small village in the... |
2024 |
| Jiaying Jessie Zhang |
BATTLE IN THE DIGITAL SPHERE: THE REPATRIATION OF DIGITIZED NATIVE AMERICAN CULTURAL PROPERTIES |
52 AIPLA Quarterly Journal 403 (Spring, 2024) |
I. Introduction. 404 II. NAGPRA & Repatriation in the Physical Realm: Ownership & Control of Native American Cultural Heritage in Existing Legislation & Regulations. 410 A. Ownership & Control Under NAGPRA. 411 B. The Implementation of NAGPRA under the Department of the Interior's Regulations. 416 C. Other Relevant Statutes on Ownership and Control... |
2024 |
| |
Becerra v. San Carlos Apache Tribe and Becerra v. Northern Arapaho Tribe |
51 Preview of United States Supreme Court Cases 49 (8/14/2024) |
Docket Nos. 23-250 and 23-253 Affirmed: The Ninth and Tenth Circuits Argued: March 25, 2024 Decided: June 6, 2024 Analysis: ABA PREVIEW 31, Issue 6 Overview: Competing policy issues were involved in this case, which was actually two consolidated cases, Becerra v. San Carlos Apache Tribe and Becerra v. Northern Arapaho Tribe. One federal policy was... |
2024 |
| Cleo-Symone Scott |
BIOPIRACY: USING NEW LAWS AND DATABASES TO PROTECT INDIGENOUS COMMUNITIES |
30 Richmond Journal of Law and Technology 434 (2024) |
The patenting and piracy of life--of biodiversity, of natural processes, and nature itself .--is a violation of spiritual law, ecological law, biodiversity laws and human rights laws. - Vandana Shiva Indigenous people have a historical link to those who inhabited a country or region at the time when people of different cultures or origins... |
2024 |
| Shaadie Ali |
BREAKING GROUND: UNDERSTANDING INDIGENOUS MINING DISPUTES THROUGH NEGOTIATION THEORY |
25 Minnesota Journal of Law, Science & Technology 221 (5/10/2024) |
In early 2023, tribes and conservationists in Nevada urged the 9th Circuit Court of Appeals to overturn the District Court's decision to allow the operation plan for the Thacker Pass lithium mine to proceed. While tribes and conservationists are no strangers to mining disputes, Thacker Pass marks a significant development in mining conflict because... |
2024 |
| Jessica Ryan |
BROTHERTOWN INDIAN NATION: WISCONSIN'S 12TH TRIBE |
97-JUN Wisconsin Lawyer 12 (June, 2024) |
The Brothertown Indian Nation, which is present in Fond du Lac and Calumet counties, is seeking federal recognition as an Indian tribe. The Brothertown Indian Nation is one of 12 tribes located in what is now Wisconsin. We are an amalgamated tribe, bound by the coming together of seven Algonkian tribes to survive and thrive against the odds of the... |
2024 |
| Carol Mayo Cochran |
BUILDING A STRONG AND DIVERSE WORKFORCE? CONSIDER INDIAN PREFERENCE, IN THE PRIVATE SECTOR |
45 Mitchell Hamline Law Journal of Public Policy and Practice 74 (Spring, 2024) |
I. Introduction. 77 A. Indian Preference is Constitutional. 78 B. Indian Preference Supports Strong Workforces and Self Governance. 80 C. Indian Preference Facilitates Tribal SelfDetermination. 81 D. Indian Preference May Be Exercised by both Indian Tribes and Private Employers. 82 II. A Historical Perspective On Indian Preference. 84 A. Federal... |
2024 |
| Tomohiko Kobayashi |
By Definition Ignored?: Indigenous Peoples' Fishing Rights in the WTO Fisheries Subsidies Agreement 2022 |
19 Asian Journal of WTO & International Health Law & Policy 143 (March, 2024) |
Inclusive trade is a pressing need for the future world trading system. Indigenous peoples are among the most vulnerable and marginalized groups in many countries, either developed or developing countries, throughout their entanglement with globalization and require public support to maintain their traditions as well as economic life. For these... |
2024 |
| Adam Crepelle |
CAN TRIBES GET A RECEIPT?: SEEKING TRANSPARENCY FOR STATE SPENDING OF TRIBAL TAX DOLLARS |
66 Arizona Law Review 977 (Winter 2024) |
Each year states collect hundreds of millions of dollars in tax revenue from Indian country. While tribes view state taxation as an infringement upon their sovereignty, state taxation presents another issue. That is, states take the tribal tax dollars and spend the money outside of Indian country. Meanwhile, Indian country's infrastructure is... |
2024 |
| Siegfried Wiessner |
CELEBRATING MICHAEL REISMAN: THE INNER WORLDS OF OTHERS - A GUIDING LIGHT FOR INDIGENOUS RE-EMPOWERMENT |
19 Intercultural Human Rights Law Review 1 (2024) |
Michael Reisman is a beacon of light in the firmament of international law and jurisprudence. His retirement from his faculty position at the Yale Law School affords a welcome occasion to celebrate his work in the quest for a world public order of human dignity. Michael is the cherished leader of the New Haven School of Jurisprudence, an... |
2024 |
| Whitni Simpson |
CENTER FOR BIOLOGICAL DIVERSITY v. U.S. DEPARTMENT OF THE INTERIOR: THE TENTH CIRCUIT'S ACCEPTANCE OF HISTORICAL DATA AS A PROXY FOR FUTURE CLIMATE CHANGE IMPACTS THREATENS THE COLORADO RIVER SYSTEM, WESTERN U.S. INDIAN TRIBES, AND THE VALUES OF NEPA |
37 Tulane Environmental Law Journal 257 (Summer, 2024) |
I. Overview. 257 II. Background. 259 A. National Environmental Policy Act (NEPA). 259 B. Administrative Procedure Act (APA). 260 III. Court's Decision. 261 A. Future Environmental Impacts to Hydrology and Fish Resources. 261 B. No-Action Alternative. 263 C. Water Rights Controversy Between Utah and the Ute Indian Tribe. 263 D. Concurrence in Part:... |
2024 |
| Jerry Gardner |
CHIEF JUDGE ABBY ABINANTI, YUROK TRIBE |
49 Human Rights 26 (2024) |
Abby Abinanti, chief judge of the Yurok Tribe in northwestern California, is a fierce, strong elder who has dedicated her life to humane justice. She has been a national leader at the forefront of establishing innovative justice systems that focus on restoring rather than punishing offenders to keep Tribal members out of prison, prevent children... |
2024 |
| Angela R. Riley, Suzette Malveaux |
CHIEF JUSTICE ANGELA R. RILEY AND PROFESSOR SUZETTE MALVEAUX IN CONVERSATION AT THE ELEVENTH ANNUAL JOHN PAUL STEVENS LECTURE: THE THIRD SOVEREIGN: TRIBAL COURTS AND INDIAN COUNTRY JUSTICE |
59 Harvard Civil Rights-Civil Liberties Law Review 1 (Spring, 2024) |
The Byron R. White Center for the Study of American Constitutional Law at the University of Colorado-Boulder's Law School is a premier research and programming institution aiming to facilitate informed and engaged scholarship and dialogue on constitutional law. As part of this effort, it hosts the annual John Paul Stevens Lecture, named after the... |
2024 |
| Amanda Z. Weaver, (https://businesslawtoday.org/author/amanda-z-weaver/), Ph.D., Snell & Wilmer |
CLASS III IGRA GAMING PROCEDURES ISSUED FROM U.S. DEPARTMENT OF THE INTERIOR FOR FIVE TRIBES IN CALIFORNIA |
2024-FEB Business Law Today 19 (February, 2024) |
On January 31, 2024, the United States Department of the Interior issued Class III gaming procedures under the federal Indian Gaming Regulatory Act (IGRA) for five Tribes located in California with no authority or role for the state of California. The five Tribes are the Blue Lake Rancheria, Chemehuevi Indian Tribe of the Chemehuevi Reservation,... |
2024 |
| Vera Solovyeva |
CLIMATE CHANGE IN ARCTIC AND INDIGENOUS PEOPLES. CHALLENGES AND SOLUTIONS |
29 Ocean and Coastal Law Journal 317 (January, 2024) |
Abstract I. Global Climate Change in the Arctic II. Climate Change Impacts on Indigenous Peoples A. Medical Impacts B. Socio-economic Impacts C. Socio-cultural Impacts III. Importance of Indigenous Knowledge and Local Knowledge in Climate Change Adaptation IV. Indigenous Peoples Matters of Definition in the Russian Federation Conclusion Climate... |
2024 |
| Sara L. Ochs |
CONFRONTING LEGACIES OF INDIGENOUS INJUSTICE: LESSONS FROM SWEDEN |
54 Seton Hall Law Review 641 (2024) |
The past decade has brought global efforts by settler colonial states to provide healing and justice for past and ongoing harms against Indigenous communities. Many of these efforts have manifested in the creation of truth commissions, nonjudicial entities which seek to establish a reliable historical record of harm, promote reconciliation, and... |
2024 |
| Matthew Calabrese |
CONGRESSIONAL TRUST RESPONSIBILITY AND TRIBAL HEALTH CARE |
2024 University of Illinois Law Review Online 12 (Spring, 2024) |
As a member of the Cherokee Nation, I firmly believe the federal government must honor its trust and treaty responsibilities to Indian Nations. U.S. Senator Markwayne Mullin Federal Indian trust responsibility is the legal idea that the federal government owes a special duty to federally recognized tribes to act in the best interest of their... |
2024 |
| Amy Zigarovich |
CONSEQUENCES OF THE INDIAN GAMING REGULATORY ACT ON ARBITRABILITY: A COMMENT ON SENECA NATION OF INDIANS v. NEW YORK |
15 Penn State Arbitration Law Review 48 (2024) |
In the 2021 case Seneca Nation of Indians v. New York, the Second Circuit Court of Appeals held that an arbitration panel has discretion to weigh applicable governing law when parties agree to arbitrate, and, as long as the panel does not manifestly disregard the law, their determination should be upheld. The decision in Seneca Nation of Indians... |
2024 |
| Hon. Carrie Garrow , A. Nikki Borchardt Campbell |
CREATING PATHWAYS TO THE JUDICIARY FOR NATIVE AMERICANS AND ALASKA NATIVES THROUGH TRIBAL COURTS |
49 Human Rights 19 (2024) |
The courts and justice system provide vital services for communities--from holding individuals accountable for breaking laws and restoring the harm they have caused, to providing relief and services for victims, to helping protect vulnerable individuals. Native American and Alaska Native lawyers and jurists have often been overlooked in the... |
2024 |
| James Plunkett |
CULTURAL LOSS IN THE CONTEXT OF INDIAN RESIDENTIAL SCHOOL LITIGATION: EXPLORING THE ROLE OF TORT LAW AS A TOOL FOR TRANSFORMATIVE REPARATIONS |
28 Lewis & Clark Law Review 223 (2024) |
The issue of restitution for sexual and physical abuse of survivors of Indian residential schools has gained litigative traction, leaving the issue of reparations for cultural loss in the shadows. This Comment explores the idea of a new tort of cultural loss to more holistically address the systematized harm experienced by Aboriginal children... |
2024 |
| Nicholas R. Walter |
DEFER YOUR DEFERENCE: HOW COURTS SHOULD APPROACH THE INTERSECTION OF THE INDIAN CANONS OF CONSTRUCTION AND CHEVRON DEFERENCE |
76 Baylor Law Review 194 (Winter, 2024) |
Within the complex landscape of statutory interpretation, many guiding pillars stand tall, each providing the judiciary with unique directives. However, these pillars occasionally cast contrasting shadows. The intersection of the Indian canons of construction and Chevron deference illuminates this inherent tension in statutory interpretation,... |
2024 |
| Hanna Woods |
DENEZPI v. UNITED STATES: TRIBAL SELF-DETERMINATION, SAFETY, AND THE NECESSARY ROLE OF THE DUAL-SOVEREIGNTY DOCTRINE |
101 Denver Law Review Forum 1 (3/21/2024) |
The Double Jeopardy Clause (Clause) of the Fifth Amendment guarantees that no person will be prosecuted twice for the same offense. The dual-sovereignty doctrine, however, operates as a significant carveout to this protection. The doctrine provides that successive prosecutions for a single act do not implicate the Clause, so long as the laws... |
2024 |