Michael D. McNally, John M. and Elizabeth W. Musser Professor of Religious Studies, Carleton College AUTHOR'S RESPONSE, 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 (DIGITAL). ISBN: 9780691190891 37 Journal of Law and Religion 199 (January, 2022) Keywords: Native American religions; sacred places; Indigenous; Native American I am humbled to have had such close and perceptive readings of a book that I had always imagined as successful if it convened further conversation. My interlocutors in this symposium are people whose work and example I admire deeply, and readers are encouraged to take... 2022
Nicole Russo BACK TO BASICS: THE SUPREME COURT'S RETURN TO FUNDAMENTAL PRINCIPLES OF FEDERAL INDIAN LAW IN MCGIRT v. OKLAHOMA AHEAD OF EQUAL PROTECTION CHALLENGE TO THE INDIAN CHILD WELFARE ACT OF 1978 55 Suffolk University Law Review 123 (2022) [T]he Supreme Court has been inattentive, flippant, and disrespectful of Indian rights, and has seen its task as one of finding arguments that will make actions by the other two branches appear legal. Many doctrines' have emerged over the course of 170 years of hearing Indian cases, but the various courts have felt no compulsion to follow... 2022
MJ Palau-McDonald BLOCKCHAINS AND ENVIRONMENTAL SELF-DETERMINATION FOR THE NATIVE HAWAIIAN PEOPLE: TOWARD RESTORATIVE STEWARDSHIP OF INDIGENOUS LANDS 57 Harvard Civil Rights-Civil Liberties Law Review 393 (Summer, 2022) Introduction. 394 I. Four Values of Restorative Justice for Native Peoples. 397 A. Mo'omeheu: Cultural Integrity. 398 B. 'ina: Land and Natural Resources. 398 C. Mauli Ola: Social Determinants of Health and WellBeing. 399 D. Ea: Self-Governance. 399 II. Contextual History of Hawai'i's Public Land Trust. 400 A. Native Hawaiian Values, Customs, and... 2022
Kirsten Matoy Carlson BRINGING CONGRESS AND INDIANS BACK INTO FEDERAL INDIAN LAW: THE RESTATEMENT OF THE LAW OF AMERICAN INDIANS 97 Washington Law Review 725 (October, 2022) Abstract: Congress and Native Nations have renegotiated the federal-tribal relationship in the past fifty years. The courts, however, have failed to keep up with Congress and recognize this modern federal-tribal relationship. As a result, scholars, judges, and practitioners often characterize federal Indian law as incoherent and inconsistent. This... 2022
Alec Johnson BRINGING HISTORY HOME: STRATEGIES FOR THE INTERNATIONAL REPATRIATION OF NATIVE AMERICAN CULTURAL PROPERTY 126 Dickinson Law Review 859 (Spring, 2022) The theft of Native American cultural items has been ongoing since Europeans began to colonize the Americas. As a result, millions of Native American artifacts are now located outside the borders of the United States. Native American tribes have long sought international repatriation--the return of these cultural objects to their tribal owners.... 2022
  CHAPTER TWO INDIGENOUS INTERPRETATIONS: INVOKING THE THIRD INDIAN CANON TO COMBAT CLIMATE CHANGE 135 Harvard Law Review 1568 (April, 2022) As long as the rivers run, as long as the tide flows, and as long as the sun shines, you will have land, fish and game for your frying pans, and timber for your lodges, Washington Territorial Governor Isaac Stevens reassured the signatories of the 1855 Treaty of Point Elliott. The Duwamish, Suquamish, Snoqualmie, Snohomish, Lummi, Nooksack,... 2022
James D. Diamond COLONIAL LEGISLATION AFFECTING INDIGENOUS PEOPLES OF SOUTHERN NEW ENGLAND AS ORGANIZED BY STATE 27 Roger Williams University Law Review 404 (Spring, 2022) A. Massachusetts 1633 (and subsequently in 1637) Indians have (qualified) title to land; Civilized Indians shall have land allotted to them; Indians are not to be dispossessed of their lands; None may buy land from Indians; No arms or ammunition may be traded with the Indians. 1633 (and subsequently in 1637, 1640, 1641, 1642, 1646, 1648,... 2022
Sydney Groll COMMUNITIES AS CARETAKERS: THE INDIAN CHILD WELFARE ACT AS AN ANTIRACIST FRAMEWORK FOR ALL CHILD WELFARE CASES 19 Rutgers Journal of Law & Public Policy 279 (Spring, 2022) Americans have long been trained to see the deficiencies of people rather than policy. It's a pretty easy mistake to make: People are in our faces. Policies are distant. We are particularly poor at seeing the policies lurking behind the struggles of people. --Ibram X. Kendi The child welfare system is racist. As with all systems in the United... 2022
Ritsuko Kurita , Kanagawa University COPING WITH WELFARE SHAME: RESPONSES OF URBAN INDIGENOUS AND NON-INDIGENOUS PEOPLES TO "MUTUAL OBLIGATION" REQUIREMENTS IN AUSTRALIA 45 PoLAR: Political and Legal Anthropology Review 171 (November, 2022) This article examines how Indigenous and non-Indigenous people in cities navigate welfare and the mutual obligation regime in Australia. Since the introduction of the mutual obligation requirements (MORs) and the accompanying Work for the Dole program, initially for Indigenous and later for non-Indigenous welfare beneficiaries, welfare recipients... 2022
Brayden Jack Parker 'CORNERSTONE UPON WHICH REST ALL OTHERS': UTILIZING CANONS OF STATUTORY INTERPRETATION TO CONFIRM AN ENFORCEABLE TRUST DUTY FOR NATIVE AMERICAN HEALTH CARE 90 George Washington Law Review 237 (February, 2022) In 1976, the federal government passed the Indian Health Care Improvement Act (IHCIA) in furtherance of its special trust responsibility owed to Native Americans. Through the IHCIA, Congress created the Indian Health Service, which provides health care to five million members of federally recognized tribes. In recent years, however, the Indian... 2022
Judith Dworkin COURTS HAVE MUCH TO RESOLVE IN DETERMINING INDIAN WATER RIGHTS 36-WTR Natural Resources & Environment 39 (Winter, 2022) A sustainable water supply is critical for viable communities. In the western United States, this has meant the development of water law regimes to support the area's growing population. These regimes set objectives for obtaining and controlling limited water and diverting, storing, and delivering this vital resource. The federal government,... 2022
Erica Thunder, Commissioner, North Dakota Department of Labor and Human Rights CREATING SPACE FOR INDIGENOUS PEOPLE IN LAW 97 North Dakota Law Review 331 (2022) First of all, there's a lot of thanks to go around. One thing that was not in my bio, and because Michelle Rivard Parks was just here as a great moderator by the way, hi Michelle, but I have also served as a law clerk with the Tribal Judicial Institute, which she had spoken about and I worked under her and Judge B.J. Jones who I know is, or has... 2022
Lia Maria Fulgaro DEATH BY APATHY: TOLERANCE OF THE GOVERNMENT'S FAILURE TO FUND PROMISED HEALTHCARE CAUSES LOSS OF NATIVE AMERICAN LIVES 20 Seattle Journal for Social Justice 583 (Winter, 2022) In 2015, Indian Health Services (IHS), the federal agency responsible for providing Native Americans with promised healthcare, closed Rosebud Hospital Emergency Department in South Dakota due to lack of compliance with basic safety and sanitation guidelines. In response, the local Rosebud Sioux Tribe sued IHS in an effort to keep the emergency... 2022
Janice Beller DEFENDING THE GOLD STANDARD: AMERICAN INDIAN TRIBES FIGHT TO SAVE THE INDIAN CHILD WELFARE ACT 65-FEB Advocate 16 (February, 2022) While most folks rush in and out of their local post office, indifferently dropping off or picking up mail on their way to somewhere else, Malissa Poog remembers the Blackfoot Post Office with an entirely different set of feelings. Melissa, a member of the Shoshone-Bannock Tribe, fondly remembers often visiting the post office with her mother as a... 2022
Greg Johnson, Professor of Religious Studies, University of California, Santa Barbara DEFENDING THE SACRED INTO THE FUTURE, 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 (DIGITAL). ISBN: 9780 37 Journal of Law and Religion 170 (January, 2022) Keywords: Indigenous sacred law; Mauna Kea First, I thank Dana Lloyd for organizing the American Academy of Religion panel from which this book review symposium springs and Silas Allard for coordinating us. Also I thank Michael McNally for writing a most impressive and useful book. I have learned so much from Defend the Sacred and rely upon it as a... 2022
Narayan Narasimhan DEFINING THE SCOPE OF BURIAL RIGHTS UNDER THE NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT 9/22/2022 University of Chicago Law Review Online Online 1 (22-Sep-22) The Native American Graves Protection and Repatriation Act (NAGPRA) creates a comprehensive federal statutory scheme to protect Native American graves and accord human remains and objects of cultural patrimony dignity and respect. To further the statute's objectives, NAGPRA requires both federal agencies and museums to identify Native American... 2022
Dominic A. Azzopardi DUAL TAXATION IN INDIAN COUNTRY: THE STRUGGLE TO CORRECT COTTON PETROLEUM 67 Wayne Law Review 311 (Winter, 2022) ABSTRACT. 311 I. Introduction. 312 II. The Indian Commerce Clause, Preemption, and the Williams v. Lee Balancing Test. 313 A. The History of the Indian Commerce Clause. 314 B. The Construction of Federal Preemption and Williams v. Lee. 316 1. The History and Application of Williams v. Lee. 316 2. The Unique Use of Preemption in Federal Indian Law.... 2022
Laura Cahier ENVIRONMENTAL JUSTICE IN THE UNITED NATIONS HUMAN RIGHTS SYSTEM: CHALLENGES AND OPPORTUNITIES FOR THE PROTECTION OF INDIGENOUS WOMEN'S RIGHTS AGAINST ENVIRONMENTAL VIOLENCE 13 George Washington Journal of Energy & Environmental Law 37 (2022) Throughout the world, Indigenous women have denounced the disproportionate effects of environmental destruction, natural resource extraction, land exploitation, or intensive agriculture on every aspect of their lives and integrity, especially when these activities are conducted within or close to the lands and territories that Indigenous peoples... 2022
Ann Laquer Estin EQUAL PROTECTION AND THE INDIAN CHILD WELFARE ACT: STATES, TRIBAL NATIONS, AND FAMILY LAW 35 Journal of the American Academy of Matrimonial Lawyers 201 (2022) The complex legal relationship between states, the United States, and Native nations can produce serious confusion in family law. Our system of federal Indian law, developed over several centuries, recognizes tribal sovereignty and defines the scope of state power with respect to federally-recognized Indian lands and communities. For the most part,... 2022
Ann Laquer Estin EQUAL PROTECTION AND THE INDIAN CHILD WELFARE ACT: STATES, TRIBAL NATIONS, AND FAMILY LAW 35 Journal of the American Academy of Matrimonial Lawyers 201 (2022) The complex legal relationship between states, the United States, and Native nations can produce serious confusion in family law. Our system of federal Indian law, developed over several centuries, recognizes tribal sovereignty and defines the scope of state power with respect to federally-recognized Indian lands and communities. For the most part,... 2022
Megan Uren EVERY 66 HOURS. DEAD OR DISAPPEARED. A COLONIAL GENDERED LENS ON GENOCIDE: CASE STUDY ON CANADA'S GENOCIDE AGAINST INDIGENOUS WOMEN, GIRLS, AND 2SLGBTQQIA PEOPLE 50 Denver Journal of International Law and Policy 167 (Spring, 2022) Genocide is happening today, and it will be happening tomorrow. It is not yet time to tell volunteers to stop dredging the Red River for dead bodies of Indigenous women and girls nor time for red dresses to stop being hung on the Highway of Tears. There are dead bodies in the water. There are missing bodies who were taken along wooded highways .... 2022
Joëlle Klein EXAMINING COMITY AND THE EXHAUSTION DOCTRINE IN TRIBAL COURT CIVIL JURISDICTION: THE CHEROKEE NATION'S OPIOID LITIGATION 97 Washington Law Review 1119 (December, 2022) Abstract: The opioid epidemic has devastated communities throughout the United States over the last two decades. Native American and Alaska Native tribes faced disproportionate impacts and suffered the long-lasting consequences that opioid addiction causes families and communities. In response, states and municipalities across the United States... 2022
Cassondra M. Church EXPOSED: HOW HIGH-PROFILE LITIGATION IMPACTS INDIAN CHILDREN'S PRIVACY 69-APR Federal Lawyer 26 (March/April, 2022) I reminisced about the memories that were frozen within each photo on a lazy Sunday afternoon. Each photograph was neatly kept in a large leatherbound photo album, beginning with a blurry photo of an ultrasound and ending with a photo of my high school graduation. As I flipped through the weathered pages, I remember thinking how impressive it was... 2022
Kevin K. Washburn FACILITATING TRIBAL CO-MANAGEMENT OF FEDERAL PUBLIC LANDS 2022 Wisconsin Law Review 263 (2022) Each year Native American tribal nations enter hundreds of federal contracts worth billions of dollars to run federal Indian programs. By substituting tribal governments for federal agencies, these self-determination contracts have been enormously successful in improving the effective delivery of federal programs on Indian reservations. Tribal... 2022
Sadie Hart FALLING THROUGH THE CRACKS: THE AMERICAN INDIAN FOSTER CARE TO SEXUAL EXPLOITATION PIPELINE AND THE NEED FOR EXPANDED AMERICAN INDIAN COMMUNITY SERVICES IN MINNESOTA 15 DePaul Journal for Social Justice Just. 1 (Winter/Spring, 2021-2022) Following the discovery of hundreds of children's bodies at residential schools in Canada, United States Interior Secretary Deb Haaland called for an investigation into the federal government's oversight of American Indian boarding schools. This call highlights a growing awareness of the United States' legacy of violence against American Indians.... 2022
Joubin Khazaie FANON, COLONIAL VIOLENCE, AND RACIST LANGUAGE IN FEDERAL AMERICAN INDIAN LAW 12 University of Miami Race & Social Justice Law Review 297 (Spring, 2022) This Comment will argue that the racist language enshrined in foundational Supreme Court decisions involving Native tribes continuously enacts a form of colonial violence that seeks to preserve a white racial dictatorship. The paper will use Frantz Fanon's scholarship on colonial violence and the dehumanization of Indigenous people as a framework... 2022
James Ennis Street FEDERAL RECOGNITION OF NATIVE AMERICAN TRIBES IN THE UNITED STATES AND THE INTERNATIONAL RIGHT TO SELF-DETERMINATION: WHY CONGRESS SHOULD EXERCISE ITS CONSTITUTIONAL AUTHORITY TO FEDERALLY RECOGNIZE THE LUMBEE TRIBE 33 Duke Journal of Comparative & International Law 121 (Fall, 2022) Native American tribal nations covet state and federal tribal recognition. The Lumbee Tribe is one of those tribes. Though North Carolina has granted the Lumbee Tribe State recognition, the Lumbee Tribe's 134-year-long quest for Federal recognition has not been successful. Neither of the two types of Federal Recognition - Administrative and... 2022
Dale T. White FIVE RESTATEMENTS: CHARTING THE HISTORY OF THE LAW ON STATE TAXATION OF NON-TRIBAL MEMBERS IN INDIAN COUNTRY 2022 Wisconsin Law Review 329 (2022) Introduction. 330 I. Restatement #1: 1832 (Worcester v. Georgia). 332 II. Restatement #2: 1942 (Cohen Handbook). 333 A. Chapter 6, Scope of State Powers over Indian Affairs. 333 1. The Cohen Matrix. 334 2. Caselaw in 1942 on What a Federal Concern Is. 335 B. State Sales Taxes. 336 III. Restatement #3: Cohen to Moe (1942-1976). 337 A. The 1958... 2022
J. Christopher Upton FROM THIN TO THICK JUSTICE AND BEYOND: ACCESS TO JUSTICE AND LEGAL PLURALISM IN INDIGENOUS TAIWAN 47 Law and Social Inquiry 996 (August, 2022) In recent decades, the Taiwan judiciary has taken steps toward securing Indigenous people's access to the justice system. These measures reflect a vision of access to justice framed narrowly on national courts and legal actors through the provision of free legal counsel, courtroom interpreters, and special court units dedicated to Indigenous... 2022
Pippa Browde FROM ZERO-SUM TO ECONOMIC PARTNERS: REFRAMING STATE TAX POLICIES IN INDIAN COUNTRY IN THE POST-COVID ECONOMY 52 New Mexico Law Review Rev. 1 (Winter, 2022) The disparate impact COVID-19 has had on Indian Country reveals problems centuries in the making from the legacy of colonialism. One of those problems is state encroachment in Indian Country, including attempts to assert taxing authority within Indian Country. The issue of the reaches of state taxing authority in Indian Country has resulted in law... 2022
Grant Christensen GETTING COOLEY RIGHT: THE INHERENT CRIMINAL POWERS OF TRIBAL LAW ENFORCEMENT 56 U.C. Davis Law Review 467 (December, 2022) While the Supreme Court regularly decides cases defining the limits of the criminal jurisdiction of tribal courts, when it heard United States v. Cooley in 2021 it had not decided a case about the procedural powers of tribal law enforcement in more than a century. Across more than five decades lower courts at all levels struggled to decide whether... 2022
Adam Crepelle GETTING SMART ABOUT TRIBAL COMMERCIAL LAW: HOW SMART CONTRACTS CAN TRANSFORM TRIBAL ECONOMIES 46 Delaware Journal of Corporate Law 469 (2022) C1-2Table of Contents I. Introduction. 469 II. Tribal Sovereignty and Economic Development. 474 III. Tribal Institutions, Uncertainty, and Economic Development. 484 IV. Smart Contracts. 493 V. Smart Contracts and Tribal Institutions. 501 A. Smart Contracts as Contracts. 502 B. Smart Contracts and Secured Transactions. 508 C. Bureaucratic... 2022
Adam Crepelle HOLDING THE UNITED STATES LIABLE FOR INDIAN COUNTRY CRIME 31-SPG Kansas Journal of Law & Public Policy 223 (Spring, 2022) [A]ll Americans have the right to public safety and security, but it's preeminently a Federal responsibility to protect those rights in Indian Country. Police killings of unarmed African Americans have inspired calls to defund the police. Although the number of African Americans killed by police is troubling, Indians are killed by police at... 2022
N. Lauryn Boston HON. ALLIE GREENLEAF MALDONADO 69-APR Federal Lawyer 16 (March/April, 2022) The reservation lands of the Little Traverse Bay Bands of Odawa Indians (LTBB Tribe) lie along the picturesque northern shores of Michigan's Lower Peninsula, where great white pine, red oak, and colorful sugar maple dominate the landscape of a region once called by the native Odawa the land of the crooked tree. It is here that the Hon. Allie... 2022
Stanley Halpin HOW SECTION 2 OF THE VOTING RIGHTS ACT AND ONE CIVIL RIGHTS LAWYER TRANSFORMED THE ELECTORAL SUCCESS OF NATIVE AMERICANS AND CHICANOS IN NEW MEXICO 49 Southern University Law Review 509 (Spring, 2022) As the 1980 census approached, New Mexico's Chicanos and Native Americans still were grossly underrepresented among elected officials. Voter registration had slowly increased but gerrymandering and the almost total use of at-large elections for local offices precluded their election. New Mexico was not covered by Section 5's preclearance provision... 2022
Brett Whitley IMPORTING INDIAN INTOLERANCE: HOW TITLE VII CAN PREVENT CASTE DISCRIMINATION IN THE AMERICAN WORKPLACE 75 Arkansas Law Review 163 (2022) If Hindus migrate to other regions on [E]arth, [Indian] Caste would become a world problem. --Dr. B.R. Ambedkar (1916) Imagine it is the year 2020. You are one of the more than 160 million people across India that are labeled as Dalits, formerly known as the Untouchables. Most Hindus view Dalits as belonging to the lowest rung in the ancient... 2022
  INDIAN LAW 58-AUG Arizona Attorney 16 (July/August, 2022) Welcome to our third annual issue dedicated to Indian Law and practice. Here in year 4 of this endeavor, the topics continue to be as diverse and fascinating as the practice area itself. Thank you again to our contributors and the larger community of Indian Law practitioners, who serve their clients well and advance a deeper understanding of this... 2022
Alexander Mallory INDIAN LAW FROM BEHIND THE BENCH 58-AUG Arizona Attorney 60 (July/August, 2022) This article contains legal writing tips for how to seize the court's attention, retain its attention, and prevail before it--not just in Indian law cases, but in all cases. It discusses openers and roadmaps, legal standards, application of the law, and style and revision. Justice Ginsburg said eye fatigue sets in well before page 50. I say, eye... 2022
Breanna Delorme, Marjorie Kohls, Joseph Vetsch, Michelle Rivard Parks, Public Defender, Spirit Lake Nation, Assistant Public Defender, Standing Rock Tribal Court, Chief Judge, Spirit Lake Nation, Moderator, Associate Director, Tribal Judicial Institute, U INDIAN LAW: CRIMINAL LAW PANEL 97 North Dakota Law Review 319 (2022) Michelle Rivard Parks: Good afternoon and thank you all for being here with us today, either in person or for those of you joining us virtually. As you can see, today has been chock-full of experts in the fields of tribal law and Indian law and this panel is certainly no different, so we want to thank all of our panelists for being here today. As... 2022
Nilima Bhadbhade , Pune, India, e-mail: INDIAN REPORT 102 IUS Gentium 187 (2022) AIR All India Reporter ARBLR Arbitration Law Reporter FB Full Bench FC Federal Court HC High Court IA Indian Appeals ICA Indian Contract Act 1872 Mah LJ Maharashtra Law Journal MIA Moores India Appeals PC Privy Council QB Queen's Bench SC Supreme Court SCC Supreme Court Cases SCW Supreme Court Weekly Supp Supplement The Indian contract law belongs... 2022
Diane P. Wood INDIAN SOVEREIGNTY IN CONTEXT 2022 Wisconsin Law Review 211 (2022) Introduction. 211 I. Challenges for this Restatement. 212 II. Tribal Sovereignty: A Comparative Look. 213 III. Unsolved Problems. 221 2022
Mia Montoya Hammersley , Adriana M. Orman , Wouter Zwart INDIGENOUS ERASURE IN PUBLIC SCHOOLS 58-AUG Arizona Attorney 22 (July/August, 202) Every year, millions of Indigenous students walk through our Nation's public schoolhouse gates to receive an education. Historically, however, public schools have served as a tool for the Americanization of the Indian or, put more bluntly, to Kill the Indian, Save the Man. The legacy of erasing Indigenous identity reverberates to this day.... 2022
Wayne D. Garnons-Williams, Dalee Sambo Dorough, Heather Exner-Pirot, Kitty Gordon INDIGENOUS LEADERSHIP ON CLIMATE CHANGE AND THE ARCTIC 46 Canada-United States Law Journal 98 (2022) MR. STEPHEN PETRAS: Everyone, our final panel today will explore Indigenous leadership on climate change and the Arctic. Our moderator is Wayne D. Garnons-Williams, who is a practicing attorney in Canada and a true expert on Indigenous and First Nations laws. Wayne is the founding president of the Intertribal Trade Organization and chair of the... 2022
Leonardo Figueroa Helland INDIGENOUS PATHWAYS BEYOND THE "ANTHROPOCENE": BIOCULTURAL CLIMATE JUSTICE THROUGH DECOLONIZATION AND LAND REMATRIATION 30 New York University Environmental Law Journal 347 (2022) I. The Spiritual Basis of Sacred Indigenous Relations to Land and Mother Earth. 350 II. To Nurture or Destroy Diversity? Indigenous Biocultures vs. Desacralizing Violences. 358 III. A Climate Crisis or a Problem of Colonialism? Defending Mother Earth at a High Cost. 372 IV. The Colonial Traps of Global Environmental Policy. 382 V. The Treacherous... 2022
Adam J. Sulkowski INDIGENOUS SHARED GOVERNANCE, INTERNATIONAL LAW, MIXED USE, AND PRESERVING RAINFOREST DURING THE COVID-19 PANDEMIC 12 Arizona Journal of Environmental Law & Policy 127 (Spring, 2022) This article takes a transdisciplinary approach to examining a range of issues related to the topic of Indigenous shared governance. It examines concepts such as free prior informed consent and the role of international law in affecting local reality in the context of a specific illustrative example in South America in the Amazon biome: the... 2022
Addie C. Rolnick INDIGENOUS SUBJECTS 131 Yale Law Journal 2652 (June, 2022) This Article tells the story of how race jurisprudence has become the most intractable threat to Indigenous rights--and to collective rights more broadly. It examines legal challenges to Indigenous self-determination and land rights in the U.S. territories. It is one of a handful of articles to address these cases and the only one to do so through... 2022
Dana Lloyd, Assistant Professor of Global Interdisciplinary Studies, Villanova University INTRODUCTION TO THE BOOK REVIEW SYMPOSIUM ON MICHAEL MCNALLY'S DEFEND THE SACRED, 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); 37 Journal of Law and Religion 167 (January, 2022) Keywords: religious freedom; Indigenous sovereignty; Indigenous law; federal Indian law Michael McNally's book Defend the Sacred: Native American Religious Freedom beyond the First Amendment responds to recent doubts, raised by Indigenous communities, lawyers, and scholars about the usefulness of religious freedom law for Indigenous nations who are... 2022
Genesis M. Agosto INVOLUNTARY STERILIZATION OF NATIVE AMERICAN WOMEN IN THE UNITED STATES: A LEGAL APPROACH 100 Nebraska Law Review 995 (2022) C1-2TABLE OF CONTENTS I. Introduction. 995 II. Why Native Sterilization Matters. 997 A. Significance. 997 B. Contribution to Scholarship. 1001 III. Legal Context of Native Sterilization. 1002 A. Origins of Eugenic Laws in the United States. 1002 B. Infamous Eugenic Cases. 1003 C. Passage of Laws that Allowed Native Sterilizations. 1007 IV. The... 2022
Sharon Thompson, Attorney, Circling Eagle Law IT IS MORE THAN JUST A CALCULATION: REFRAMING CHILD SUPPORT IN INDIAN COUNTRY 97 North Dakota Law Review 297 (2022) I'm going to start off with a funny story. I was approached, I think it was a few months ago, by the editor board saying we'd like you to be part of the symposium, we're talking about Indian law this year, would you participate? I say sure, tell me a little bit more. They say it's going to be a panel that you'll be a part of, and it'll be about... 2022
Alexander Toke LAND, LEGACY, AND LAW: AMENDING CERCLA TO ACCOUNT FOR ENVIRONMENTAL CONTAMINATION OF TRIBAL CULTURAL RESOURCES 28 Cardozo Journal of Equal Rights & Social Justice 333 (Winter, 2022) C1-2Table of Contents I. Introduction. 335 II. Background Information. 337 A. Treaties. 337 B. The Relationship Between the Federal Government and the Tribes. 340 C. Natural Resources Damages and CERCLA. 343 III. Challenges Faced by Tribes in Recovering for Injuries to Cultural Resources. 346 A. Tribal Lands are Disproportionately Affected by... 2022
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