| Author | Title | Citation | Summary | Year |
| Robert G. Natelson |
THE ORIGINAL UNDERSTANDING OF THE INDIAN COMMERCE CLAUSE: AN UPDATE |
23 Federalist Society Review 209 (29-Aug-22) |
The Congress shall have Power . To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes. C1-2Table of Contents I. Recent and Pending Litigation. 211 II. Previous Scholarship. 212 III. Goals of this Article. 213 IV. Some Principles of Originalist Analysis. 214 V. The Constitutional Scheme: Separation of... |
2022 |
| Dr. Gavin Clarkson |
THE PROBLEM OF DOUBLE-TAXATION IN INDIAN COUNTRY |
69-APR Federal Lawyer 32 (March/April, 2022) |
Despite the moral rectitude of the tribal position that federal treaty obligations require financial support for services such as tribal healthcare, economic dependency on the federal government is not a viable long-term strategy for tribal nations. If tribal sovereignty is to mean something, at a minimum, it should mean the ability of a tribe to... |
2022 |
| Adam Crepelle |
THE RESERVATION AND THE RULE OF LAW |
70 Louisiana Bar Journal 192 (October/November, 2022) |
The rule of law is vital to social stability and economic development. The Supreme Court's 2020 decision in McGirt v. Oklahoma cast a cloud of uncertainty over which law to follow in eastern Oklahoma--tribal, state or federal. McGirt arose because Oklahoma acted as though the Muscogee Nation's treaty guaranteed reservation had been disestablished... |
2022 |
| Samuel Bashfield , Elena Katselli Proukaki |
THE RULES-BASED ORDER, INTERNATIONAL LAW AND THE BRITISH INDIAN OCEAN TERRITORY: DO AS I SAY, NOT AS I DO |
23 German Law Journal 713 (June, 2022) |
(Received 29 April 2021; accepted 04 August 2021) Perpetuating Britain's controversial administration of the Chagos Archipelago (BIOT--British Indian Ocean Territory) raises questions about the UK's commitment to the rules-based order and international law. This interdisciplinary article examines British administration of the Chagos Archipelago by... |
2022 |
| Jace Weaver, Franklin Professor of Religion and Native American Studies, University of Georgia |
THE STRUGGLE TO PROTECT NATIVE AMERICAN RELIGIOUS FREEDOM, DEFEND THE SACRED: NATIVE AMERICAN RELIGIOUS FREEDOM BEYOND THE FIRST AMENDMENT BY MICHAEL D. MCNALLY. PRINCETON: PRINCETON UNIVERSITY PRESS, 2020. PP. 400. $99.95 (CLOTH); $26.95 (PAPER); $26.95 |
37 Journal of Law and Religion 175 (January, 2022) |
Keywords: sacred sites; integrity; centrality A wag once observed, The trouble with old friends is that there are so few of them left. I have been involved in this profession for over thirty years. The problem with becoming a senior scholar is that there are people that you have known all their careers, and they are now senior scholars... |
2022 |
| Heather J. Tanana, Elisabeth Paxton Parker |
THE UNFULFILLED PROMISE OF INDIAN WATER RIGHTS SETTLEMENTS |
37-FALL Natural Resources & Environment 12 (Fall, 2022) |
When the Ute Bands signed the treaty establishing the Ute Reservation in 1868, the United States promised the Ute people that the Reservation would be a permanent home that would support our people forever. The key to carrying out that promise is water--a fact that the Tribal leadership has always known but which the United States has sometimes... |
2022 |
| Sital Kalantry |
THE UNINTENDED CONSEQUENCES OF TERM LIMITS FOR JUSTICES OF THE U.S. SUPREME COURT: LESSONS FROM A COMPARATIVE STUDY OF THE INDIAN SUPREME COURT |
30 Tulane Journal of International and Comparative Law 43 (Winter, 2022) |
I. Introduction. 44 II. The Case for and Against Term Limits to the United States Supreme Court. 48 A. Term Limits Proposals. 48 B. Critics of Term Limits. 52 1. Term Limits Do Not Solve the Problems Proponents Claim. 52 a. Judicial Independence. 52 b. Democratic Unaccountability. 53 c. Increased Politicization of the Court. 53 d. Justices Serving... |
2022 |
| Adam Crepelle |
TRIBAL LAW'S INDIAN LAW PROBLEM: HOW SUPREME COURT JURISPRUDENCE UNDERMINES THE DEVELOPMENT OF TRIBAL LAW AND TRIBAL ECONOMIES |
29 Virginia Journal of Social Policy and the Law 93 (Winter 2022) |
Reservation Indians are the poorest people in the United States; in fact, Indian country is commonly likened to the third world. Houses in Indian country often lack access to water and electricity. Reservation unemployment rates consistently linger at fifty percent. Many believe Indian country is lawless, so significant natural resource endowments... |
2022 |
| Rebecca Glenn |
UNREALIZED FEDERAL INDIAN WATER RIGHTS ON THE COLORADO RIVER: AN OPPORTUNITY FOR EQUITY AND CONSERVATION |
25 University of Denver Water Law Review 287 (Spring, 2022) |
I. Introduction. 288 II. The Law of the River. 290 A. A Brief History. 290 B. The Drought. 292 III. Federal Indian Water Rights on the Colorado River. 294 A. A Brief History of Federal Indian Reserved Water Rights, Generally. 294 B. Federal Indian Water Rights Settlements and Adjudications on the Colorado River. 297 1. The Colorado Ute Indian Water... |
2022 |
| Vayuna Gupta |
USING INTERNATIONAL LAW IN DOMESTIC INDIAN COURTS |
54 New York University Journal of International Law & Politics 1077 (Summer, 2022) |
I. Introduction. 1077 II. Judicial Powers under the Indian Constitution. 1078 III. Tracing precedents. 1080 IV. Unanswered Questions and a Way Forward. 1084 V. Conclusion. 1087 |
2022 |
| Randall S. Abate |
YOUTH AND INDIGENOUS VOICES IN CLIMATE JUSTICE: LEVERAGING BEST PRACTICES FROM U.S. AND CANADIAN LITIGATION |
45 Public Land & Resources Law Review 77 (2022) |
I. Introduction. 78 II. Evolution of Youth and Indigenous Climate Justice Litigation. 81 A. The United States. 82 B. Canada. 85 III. Recent and Pending Cases in the U.S. and Canada. 86 A. Juliana and Post-Juliana Cases in State Courts. 87 1. Oregon. 89 2. Alaska. 90 3. Montana. 91 B. The New Wave of Canadian Climate Justice Litigation. 93 IV.... |
2022 |
| |
YSLETA DEL SUR AND ALABAMA AND COUSHATTA INDIAN TRIBES OF TEXAS RESTORATION ACT--FEDERAL INDIAN LAW--STATUTORY INTERPRETATION--YSLETA DEL SUR PUEBLO v. TEXAS |
136 Harvard Law Review 490 (November, 2022) |
It is hornbook law that standard principles of statutory interpretation do not have their usual force in cases involving Indian law. The Indian canons of construction counsel liberal interpretation of statutes and treaties in favor of Native nations. But no matter what the hornbooks say, the Supreme Court relies on the canons only sporadically... |
2022 |
| Neil Fulton |
"IT IS NOT NECESSARY FOR EAGLES TO BE CROWS.": WINTER COUNTS. DAVID HESKA WANBLI WEIDEN. ECCO, 2020. 325 PP. (ISBN 9780062968944) |
66 South Dakota Law Review 200 (2021) |
In his novel Winter Counts author David Heska Wanbli Weiden takes readers to the heart of modern life in Indian Country. Set on the Rosebud Indian Reservation in south central South Dakota, home of the Sicangu Lakota people, his novel is a compelling crime thriller. But it does more than tell an exciting tale. Through the lives of its characters,... |
2021 |
| Monica Krup |
"RIOT BOOSTING": SOUTH DAKOTA'S INTEGRATION OF ENVIRONMENTAL, INDIGENOUS, AND FIRST AMENDMENT CONCERNS AND THE RHETORIC ON PROTEST |
22 Rutgers Race & the Law Review 293 (2021) |
In early 2019, the South Dakota legislature passed an urgent law that punishes and criminalizes those who participate in riots throughout the state. The law was a clear infringement on First Amendment Freedom of Speech and Freedom of Association rights and was executed as a direct response to the Standing Rock protests occurring in North Dakota... |
2021 |
| Maci Burke |
A CALL TO CONGRESS: A CONSTITUTIONAL INDIAN CHILD WELFARE ACT IS NOT A FLAWLESS INDIAN CHILD WELFARE ACT |
39 Minnesota Journal of Law & Inequality 191 (Winter, 2021) |
In 1978, Congress enacted the Indian Child Welfare Act (ICWA), to regulate the removal and placement of Indian children in foster care, the termination of parental rights, preadoptive placement, and adoptive placement. The ICWA was enacted to address rising concerns over abusive child welfare practices that resulted in the separation of large... |
2021 |
| Julie Combs |
A COHERENT ETHIC OF LAWYERING IN POST-MCGIRT OKLAHOMA |
56 Tulsa Law Review 501 (Spring, 2021) |
I. Introduction. 501 II. Federal Indian Law at the High Court. 503 III. Competent and Diligent Representation of Autochthonous Populations. 505 A. Ethical Representation When Indigenous Activism Is on Trial. 506 B. The Search for a Lawyer of Established Competence in the Field. 508 IV. The Organizational Hierarchy and Group Constituents:... |
2021 |
| Dylan R. Hedden-Nicely , Stacy L. Leeds |
A FAMILIAR CROSSROADS: MCGIRT v. OKLAHOMA AND THE FUTURE OF THE FEDERAL INDIAN LAW CANON |
51 New Mexico Law Review 300 (Summer, 2021) |
Federal Indian law forms part of the bedrock of American jurisprudence. Indeed, critical parts of the pre-civil war constitutional canon were defined in Federal Indian law cases that simultaneously provided legal justification for American westward expansion onto unceded Indian lands. As a result, Federal Indian law makes up an inextricable part of... |
2021 |
| Noelia Gravotta |
A GREAT NATION KEEPING ITS WORD: THE ROLE OF TRIBAL TREATY RIGHTS IN CLIMATE CHANGE LITIGATION |
29 New York University Environmental Law Journal 118 (2021) |
Introduction. 118 I. Trends in Climate Litigation. 122 A. Obstacles to Climate Change Litigation. 124 B. The Potential of Indian Law to Surmount These Litigation Obstacles. 129 II. Indian Treaty Rights. 133 A. Background on Indian Treaties and Resource Rights. 133 B. The Impact of Climate Change on Treaty Resource Rights. 140 III. Suits Against... |
2021 |
| Sara L. Ochs |
A NATIONAL TRUTH COMMISSION FOR NATIVE AMERICANS |
36 Wisconsin Journal of Law, Gender & Society 1 (Spring, 2021) |
Native Americans have endured centuries of genocide. What began as a systemic attempt by European colonialists to decimate the indigenous population subsequently evolved into more subtle, devastating acts intended to destroy indigenous culture. Today, Native Americans remain the subject of ongoing discrimination and human rights abuses, especially... |
2021 |
| Theresa Rocha Beardall, J.D., Ph.D. , Frank Edwards, Ph.D. |
ABOLITION, SETTLER COLONIALISM, AND THE PERSISTENT THREAT OF INDIAN CHILD WELFARE |
11 Columbia Journal of Race and Law 533 (July, 2021) |
Family separation is a defining feature of the U.S. government's policy to forcibly assimilate and dismantle American Indian and Alaska Native (AIAN) tribal nations. The historical record catalogues the violence of this separation in several ways, including the mass displacement of Native children into boarding schools throughout the 19th century... |
2021 |
| Jennifer Pierce-Weeks , Chief Executive Officer, International Association of Forensic Nurses |
ADDRESSING SEXUAL ABUSE, ASSAULT, AND TRAFFICKING AS CO-MORBIDITIES IN MISSING OR MURDERED INDIGENOUS POPULATIONS |
69 Department of Justice Journal of Federal Law and Practice 129 (January, 2021) |
Lifetime prevalence of sexual violence in the United States, which includes sexual abuse, assault, and trafficking, ranges from 19-44% in women and 1-23% in men, making it a substantial health concern. Sexual violence prevalence rates are largely underestimates and frequently do not differentiate sex trafficking from other forms of sexual violence.... |
2021 |
| Noelani Nasser |
AMERICAN IMPERIALISM IN HAWAI'I: HOW THE UNITED STATES ILLEGALLY USURPED A SOVEREIGN NATION AND GOT AWAY WITH IT |
48 Hastings Constitutional Law Quarterly 319 (Winter, 2021) |
In 1778, England's Captain Cook first landed on the Hawaiian Islands. Since then, the Native Hawaiians have struggled to maintain their indigenous identity as distinct from the outside world and indigenous to Hawai'i. In the one thousand years preceding this early invasion, Native Hawaiians established unique political structures and cultural... |
2021 |
| Delight E. Satter , Laura M. Mercer Kollar , Public Health Writing Group on Missing or Murdered Indigenous Persons, Debra O'Gara ‘Djik Sook’ , Senior Health Scientist, Centers for Disease Control and Prevention, Behavioral Scientist, Centers for Disease C |
AMERICAN INDIAN AND ALASKA NATIVE KNOWLEDGE AND PUBLIC HEALTH FOR THE PRIMARY PREVENTION OF MISSING OR MURDERED INDIGENOUS PERSONS |
69 Department of Justice Journal of Federal Law and Practice 149 (March, 2021) |
Violence against American Indian and Alaska Native (AIAN) women, children, two-spirit individuals, men, and elders is a serious public health issue. Violence may result in death (homicide), and exposure to violence has lasting effects on the physical and mental health of individuals, including depression and anxiety, substance abuse, chronic and... |
2021 |
| Vasuki Nesiah |
AN UN-AMERICAN STORY OF THE AMERICAN EMPIRE: SMALL PLACES, FROM THE MISSISSIPPI TO THE INDIAN OCEAN |
67 UCLA Law Review 1450 (April, 2021) |
This intervention gestures to histories of American empire from a perspective born outside America's shores--in other words and other worlds, an un-American story of American empire. Seen from elsewhere, American empire appears both intimate and distant, at once singular and multiple, a vast terrain and a small place. For instance, how can we... |
2021 |
| Rachel Sieder |
ANTHROPOLOGICAL CONTRIBUTIONS TO INTERNATIONAL LEGAL APPROACHES TO VIOLENCE AGAINST INDIGENOUS WOMEN |
115 AJIL Unbound 272 (2021) |
Since the early 1990s, the law and development paradigm of violence against women (VAW) has framed gender-based violence against girls and women, especially intimate partner violence, as a grave violation of women's fundamental human rights and a major public health problem demanding concerted state action. Although women of all ages, social... |
2021 |
| Carly Minsky |
AROUND THE WORLD: RECENT CHANGES TO INDIGENOUS CHILD WELFARE IN CANADA |
41 Children's Legal Rights Journal 79 (2021) |
Like the United States, Canada has a long and checkered history with Indigenous peoples. Much of this history between the Indigenous peoples and the Canadian government centered around the government's attempt to civilize the Indigenous peoples according to European standards. One way in which both nations sought to decimate tribes of Indigenous... |
2021 |
| Addie C. Rolnick |
ASSIMILATION, REMOVAL, DISCIPLINE, AND CONFINEMENT: NATIVE GIRLS AND GOVERNMENT INTERVENTION |
11 Columbia Journal of Race and Law 811 (July, 2021) |
A full understanding of the roots of child separation must begin with Native children. This Article demonstrates how modern child welfare, delinquency, and education systems are rooted in the social control of indigenous children. It examines the experiences of Native girls in federal and state systems from the late 1800s to the mid-1900s to show... |
2021 |
| Russell Fowler |
BENITO JUÁREZ, PRO BONO LAWYER |
57-AUG Tennessee Bar Journal 45 (July/August, 2021) |
The law has always been my sword and my shield. --Benito Juárez It was 1835. In the remote Mexican village of Loxicha, a group of poor, illiterate Zapotec Indians were mistreated by their local priest. He took what little money they had and forced them to work for less than the law allowed. The frightened band finally summoned the courage to make... |
2021 |
| Glennas'ba Augborne Arents , April E. Olson |
BENT, BUT NOT BROKEN |
57-AUG Arizona Attorney 62 (July/August, 2021) |
There is a term for a judicial decision that does nothing more than opine on what the law should be: an advisory opinion. That is what the roughly 300 pages you just read amount to. --Judge James Dennis, Brackeen v. Haaland On April 6, 2021, after waiting 14 months to learn whether the Indian Child Welfare Act (ICWA) would survive, the United... |
2021 |
| Monte Mills, Martin Nie |
BRIDGES TO A NEW ERA: A REPORT ON THE PAST, PRESENT, AND POTENTIAL FUTURE OF TRIBAL CO-MANAGEMENT ON FEDERAL PUBLIC LANDS |
44 Public Land & Resources Law Review 49 (2021) |
Introduction. 52 Executive 54 A. Tribal Co-Management. 55 B. Bridges to Tribal Co-Management. 57 C. Tribal Consultation. 57 D. Contracting and Compacting. 58 E. The National Historic Preservation Act and Native American Traditional Cultural Properties, Districts and Landscapes. 59 F. Federal Public Lands Planning. 59 G. Bridges to a New... |
2021 |
| Toby S. Goldbach |
BUILDING THE ABORIGINAL CONFERENCE SETTLEMENT SUITE: HOPE AND REALISM IN LAW AS A TOOL FOR SOCIAL CHANGE |
46 Law and Social Inquiry 116 (February, 2021) |
In 2014, the provincial government unveiled a new courthouse in Thunder Bay, Ontario, featuring a conference area designed to emulate an Anishinaabe roundhouse. The Aboriginal Conference Settlement Suite epitomizes efforts to support Indigenous justice within the criminal justice system. However, despite similar efforts in the past, the... |
2021 |
| Dawn M. Hunter , Betsy Lawton |
CENTERING RACIAL EQUITY: DISPARITIES TASK FORCES AS A STRATEGY TO ENSURE AN EQUITABLE PANDEMIC RESPONSE |
14 Saint Louis University Journal of Health Law & Policy 251 (2021) |
COVID-19 has had a stark and severe impact on health, economic stability, housing, and education in communities of color in the United States. As the pandemic has unfolded, the disproportionate number of cases, hospitalizations, and deaths due to COVID-19 among Black, Hispanic and Latinx, and Indigenous people has served as a stark reminder that... |
2021 |
| |
CHAPTER 21 INDIGENOUS COMMUNITIES AND ADOPTION |
86 IUS Gentium 895 (2021) |
The following working definition of indigenous communities, peoples and nations has been suggested by Martinez Cobo: Indigenous communities, peoples and nations are those which having a historical continuity with pre-invasion and pre-colonial societies that developed on their territories, consider themselves distinct from other sectors of the... |
2021 |
| Emily S. Taylor Poppe |
CHOICE BUILDING |
63 Arizona Law Review 103 (Spring, 2021) |
Default rules, which apply only if parties opt not to bypass them, are a common and consequential phenomenon in law. These rules fill gaps, serve as the backdrop against which parties make alternative arrangements, and formalize majoritarian social preferences. Through these roles, default rules affect the behavior and outcomes not only of those... |
2021 |
| Sara K. Rankin |
CIVILLY CRIMINALIZING HOMELESSNESS |
56 Harvard Civil Rights-Civil Liberties Law Review 367 (Summer, 2021) |
The criminalization of homelessness refers to the enactment and enforcement of laws and policies that punish unsheltered people for surviving in public space, even when those individuals have no reasonable alternative. The constitutional and civil rights issues stemming from criminally charging unsheltered people for public survival are clear,... |
2021 |
| Lucas Lixinski , Stephen Young |
CREATIVE DIFFERENCES: INDIGENOUS ARTISTS AND THE LAW AT 20 CENTURY NATION-BUILDING EXHIBITIONS |
45 Hastings International and Comparative Law Review 3 (Winter 2021) |
Indigenous peoples in major common law jurisdictions (Australia, Canada, New Zealand, and the United States) have had a fraught relationship with the state's legal system. However, while denying Indigenous individuals and peoples the same rights as white settlers, each of these states used Indigenous art to create a distinctive national-state... |
2021 |
| M. Brent Leonhard , Attorney, Confederated Tribes of the Umatilla Indian Reservation |
CRIMINAL JURISDICTION IN INDIAN COUNTRY |
69 Department of Justice Journal of Federal Law and Practice 45 (March, 2021) |
Criminal jurisdiction in Indian country can be complex depending on where an incident occurs, whether the defendant or victim is an Indian, the type of crime alleged, treaty provisions, various state and federal court decisions, and federal regulations. Professor Robert Clinton described it as a jurisdictional maze. This complexity can present... |
2021 |
| Audrey Mallinak |
CULTURAL COMPETENCY AND THE LAW: REPRODUCTIVE JUSTICE FOR AMERICAN INDIANS |
30 Annals of Health Law Advance Directive 179 (Spring, 2021) |
Reproductive justice combines reproductive rights, social justice, and culturally competent approaches to further the goal of intersectional representation. Culturally competent medical treatment ensures individuals receive the best treatment possible by honoring cultural backgrounds, acknowledging racial and ethnic inequities, and providing... |
2021 |
| Angela R. Riley , Kristen A. Carpenter |
DECOLONIZING INDIGENOUS MIGRATION |
109 California Law Review 63 (February, 2021) |
Introduction. 64 I. From Turtle Island to Citizenship: A Snapshot of Indigenous Land and the Settler State. 74 A. Relationship of People to Land. 76 B. Discovery, Conquest, and Colonization. 79 C. Domesticating Borders and Burgeoning Migration Policy. 81 II. Turning to the Contemporary: The Problems of Migration and Border Law for Indigenous... |
2021 |
| Sumaya H. Bouadi |
DOMESTIC VIOLENCE, THE INDIAN CHILD WELFARE ACT, AND ALASKA NATIVES: HOW DOMESTIC VIOLENCE IS WEAPONIZED AGAINST ALASKA NATIVE SURVIVORS |
33 Yale Journal of Law & Feminism 169 (2021) |
After the forced separation of Indian families, Congress passed the Indian Child Welfare Act (ICWA) to create heightened procedural protections to maintain and preserve Indian families. Following Adoptive Couple v. Baby Girl, 570 U.S. 637 (2013), courts have indicated concern that the heightened standards of ICWA may be overbroad and harm... |
2021 |
| James M. Grijalva |
ENDING THE INTERMINABLE GAP IN INDIAN COUNTRY WATER QUALITY PROTECTION |
45 Harvard Environmental Law Review 1 (2021) |
Tribal self-determination in modern environmental law holds the tantalizing prospect of translating indigenous environmental value judgments into legally enforceable requirements of federal regulatory programs. Congress authorized this approach three decades ago, but few tribes have sought primacy even for foundational programs like Clean Water Act... |
2021 |
| Denisse Enriquez, Class of 2022, UNM School of Law |
ENVIRONMENTAL JUSTICE IN NEW MEXICO: COUNTING COUP BY VALERIE RANGEL (HISTORY PRESS, 2019) |
61 Natural Resources Journal 155 (Winter, 2021) |
New Mexico has a complex history, not only the cultural history but also the environmental history of the state. This can be seen distinctly in the arrival of the Spanish Colonialists. While conquest by Spanish colonialists brought exotic goods and new technology, it also came with policies of extermination of Indian culture; suppression of... |
2021 |
| Susan Filan |
EPIDEMIC HIDING IN PLAIN SIGHT |
57-AUG Arizona Attorney 44 (July/August, 2021) |
Violence against Indigenous women and girls in the U.S. exceeds that of any other population in the country. The epidemic is so severe it has its own acronym--MMIWG--which stands for Missing and Murdered Indigenous Women & Girls. The MMIWG movement has arisen because law enforcement's response is inadequate and antiquated. This hidden crisis is... |
2021 |
| Lucy Dempsey |
EQUITY OVER EQUALITY: EQUAL PROTECTION AND THE INDIAN CHILD WELFARE ACT |
77 Washington and Lee Law Review Online 411 (April 19, 2021) |
In 2018, a Texas District Court shocked the nation by declaring the Indian Child Welfare Act (ICWA) unconstitutional pursuant to the Equal Protection Clause of the U.S. Constitution. The decision was overturned by the Fifth Circuit but may well be appealed to the U.S. Supreme Court. The ICWA provides a framework for the removal and placement of... |
2021 |
| Trevor G. Reed |
FAIR USE AS CULTURAL APPROPRIATION |
109 California Law Review 1373 (August, 2021) |
Over the last four decades, scholars from diverse disciplines have documented a wide variety of cultural appropriations from Indigenous peoples and the harms these have inflicted. Copyright law provides at least some protection against appropriations of Indigenous culture--particularly for copyrightable songs, dances, oral histories, and other... |
2021 |
| |
FEDERAL INDIAN LAW--CRIMINAL LAW--TRIBAL SOVEREIGNTY--UNITED STATES v. COOLEY |
135 Harvard Law Review 411 (November, 2021) |
For over two centuries, Indian tribes have been relegated to a tenuous position within the American constitutional system. As the Supreme Court has attempted to give shape to Chief Justice Marshall's description of tribes as domestic dependent nations, tribes have had to navigate jurisdictional pitfalls that states, by comparison, are never... |
2021 |
| Melodie Meyer |
FRACKING IN PUEBLO AND DINÉ COMMUNITIES |
39 UCLA Journal of Environmental Law & Policy 89 (2021) |
Fracking must be regulated from a tribal perspective and ultimately phased out by renewable energy sources in order to prevent environmental contamination and threats to health and safety. Like many other components of extractive industry, fracking disproportionately harms indigenous communities due to the socioeconomic status of indigenous... |
2021 |
| Jared Green |
GOING OFF THE RAILS ON THE MAYAN TRAIN: HOW AMLO'S DEVELOPMENT PROJECT IS ON A FAST TRACK TO MULTIPLE VIOLATIONS OF INDIGENOUS RIGHTS |
36 American University International Law Review 845 (2021) |
I. INTRODUCTION. 847 II. BACKGROUND. 848 A. The Mayan Train. 848 B. Principal Organs of the Inter-American Human Rights System. 853 C. The Inter-American System's Relevant Legal Obligations Regarding Indigenous Rights. 855 i. The Right to Property under Article 21 of the ACHR. 855 ii. The Right to Equal Protection of the Law and to Judicial... |
2021 |
| Ruth L. Okediji |
GRAFTING TRADITIONAL KNOWLEDGE ONTO A COMMON LAW SYSTEM |
110 Georgetown Law Journal 75 (October, 2021) |
Modern legal systems are not usually designed to protect Indigenous traditional knowledge or traditional cultural expressions but are, more often, historically complicit in their misuse or suppression. The undefined status of traditional knowledge has left Indigenous communities vulnerable to harms not readily cognizable by either common or civil... |
2021 |
| Sascha Dov Bachmann , Ikechukwu P. Ugwu |
HARDIN'S 'TRAGEDY OF THE COMMONS': INDIGENOUS PEOPLES' RIGHTS AND ENVIRONMENTAL PROTECTION: MOVING TOWARDS AN EMERGING NORM OF INDIGENOUS RIGHTS PROTECTION? |
6 One J: Oil and Gas, Natural Resources, and Energy Journal 547 (May, 2021) |
Most of the world's natural resources can be found on the territories of indigenous peoples. This puts indigenous peoples in a position where they are not only subjected to environmental hazards, as a result of the mining and exploitation of these resources, but are also denied the use and control of these resources. In addition, the proximity to... |
2021 |