| Author | Title | Citation | Summary | Year |
| 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 |
| Timothy Fadgen , Guy Charlton , Dana E. Prescott |
DID THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION RECOGNIZE INDIGENOUS GROUPS AND CULTURE? |
37 Journal of the American Academy of Matrimonial Lawyers 87 (2024) |
Abstract: Among the profound challenges related to family law and child custody conflict has been the impact of globalization on the consequences to children from marriage and divorce, and nonmarried parental separation. Most nations implemented family justice courts decades ago where one judge, within an adversarial fact-finding system, applied... |
2024 |
| Maria Lins Albuquerque |
DISPUTES IN THE INDIGENOUS ENVIRONMENT IN BRAZIL |
30 Dispute Resolution Magazine 11 (January, 2024) |
The main conflicts that occur in the Indigenous environment in Brazil are driven by disputes between economic activities that heavily utilize the land and the preservation of Indigenous territories. There is no resolution of conflicts without an understanding of the various interests involved. The main themes of dispute are related to the complex... |
2024 |
| Angelica Félix-D'Egidio |
EDUCATION INEQUITY FOR MIXTEC STUDENTS IN CALIFORNIA PUBLIC SCHOOLS: A HUMAN RIGHTS APPROACH TO EDUCATING INDIGENOUS STUDENTS NOT RECOGNIZED BY THE U.S. GOVERNMENT |
40 Chicana/o-Latina/o Law Review 125 (2024) |
This Comment examines the educational experiences of Indigenous Latine communities within the California public education system, utilizing existing state and federal law in conjunction with human rights framework outlined in the United Nations Declaration of the Rights of Indigenous Peoples (U.N. Declaration). While the Every Student Succeeds Act... |
2024 |
| Christopher Orjuela |
ELECTRIC VEHICLES AT THE EXPENSE OF COMMUNITIES: LITHIUM MINING AND THE DEPRIVATION OF ARGENTINIAN INDIGENOUS PEOPLES' RIGHTS |
49 Brooklyn Journal of International Law 678 (2024) |
In many parts of the world, [Indigenous] peoples are unable to enjoy their fundamental human rights to the same degree as the rest of the population of the States within which they live, and . their laws, values, customs and perspectives have often been eroded. For the Indigenous communities situated in the Jujuy province of Argentina, the... |
2024 |
| Chia Halpern Beetso , Virginia Davis , Kelly Gaines Stoner |
EMPOWERING TRIBAL NATIONS: THE TRANSFORMATIVE IMPACT OF VAWA 2013 AND 2022 ON TRIBAL JURISDICTION |
49 Human Rights 12 (2024) |
The situation in many Tribal communities is compelling and urgent: American Indians and Alaska Natives (AI/AN) experience the highest rates of domestic and sexual violence in the nation. The vast majority of these victims report being victimized by a non-Indian offender. This interracial violence is particularly troubling because, since the Supreme... |
2024 |
| W. Gregory Guedel, Ph.D., J.D. , Philip H. Viles, Jr., J.D., M.B.A., M.L.I.S. |
ENERGY SOVEREIGNTY FOR NATIVE AMERICAN NATIONS: THE MODEL TRIBAL ENERGY CODE |
59 Tulsa Law Review 67 (Winter, 2024) |
I. Introduction. 68 II. Historical Overview of Federal Energy Management on Tribal Lands. 68 A. The Legal Relationship Between Federal Agencies and Tribal Governments. 68 B. Historical Performance Issues with Federal Management of Tribal Resources. 70 C. Inspector General's Findings on Federal Energy Management on Tribal Lands. 71 D. A Clear and... |
2024 |
| Vaughan Carter , Charlotte Ku , Andrew P. Morriss |
EVOLVING SOVEREIGNTY RELATIONSHIPS BETWEEN AFFILIATED JURISDICTIONS: LESSONS FOR NATIVE AMERICAN JURISDICTIONS |
40 Arizona Journal of International and Comparative Law 411 (2024) |
C1-2Table of Contents I. Introduction. 412 II. Sharing Sovereignty. 416 A. Evolutionary Relationships. 418 C. Interwoven Governance. 426 D. Dimensions of Sovereignty Dialogues. 428 III. Micro-sovereign Case Studies. 428 A. Jurisdictions Connected to the United Kingdom. 431 1. Bermuda. 433 2. Cayman Islands. 435... |
2024 |
| Kekek Jason Stark |
EXERCISING THE RIGHT OF SELF-RULE: TRIBAL CONSTITUTIONAL LAW AND CUSTOMARY LAW |
51 Mitchell Hamline Law Review 94 (December, 2024) |
C1-2Table of Contents Introduction. 95 I. Doctrines of Tribal Sovereignty and Tribal Self-Government. 97 II. Indigenous Customary Law. 101 III. Indigenous Governance. 108 IV. The Establishment of Modern (IRA) Tribal Constitutions. 114 A. Assimilation Policy Era. 115 B. Pre-IRA Enactment Tribal Constitutional Practice. 116 C. Enactment of the Indian... |
2024 |
| Viktorya Saroyan |
FANTASTIC FUNGI AND HER FICKLE FOES: PSYCHEDELIC USE AND WESTERN MEDICINE'S DISPARATE IMPACT ON INDIGENOUS COMMUNITIES |
33 Transnational Law & Contemporary Problems 156 (Winter, 2024) |
Given recent breakthroughs in psilocybin therapy, there is a preponderance of evidence indicating that the world is on the precipice of a mental health renaissance; for the first time ever, there is confirmation of treatment that can potentially cure some of society's worst mental illnesses. However, it is in danger of being the latest cash crop... |
2024 |
| Matthew L.M. Fletcher |
FEDERAL INDIAN LAW AS METHOD |
95 University of Colorado Law Review 375 (2024) |
Introduction. 375 I. Federal Indian Law's Default Interpretative Rules. 377 A. The Canons of Construction and the Clear Expression Rules. 377 B. The Mancari Principle. 378 II. Mancari's Critics. 381 III. Why Mancari's Method Remains Superior. 385 A. The Mancari Method. 385 1. The Mancari Method Defined. 385 2. Theoretical Justification for the... |
2024 |