| Author | Title | Citation | Summary | Year |
| Samuel Winder |
TRIAL BY AMBUSH: THE PROSECUTION OF INDIANS IN FEDERAL COURT |
57 Loyola of Los Angeles Law Review 469 (Spring, 2024) |
This Article addresses the Federal Rules of Criminal Procedure's unjust impact in the prosecution of Indians in federal court. As the rules of engagement used by federal prosecutors and defense attorneys in federal court when prosecuting Indians under the Major Crimes Act and the General Crimes Act, the Federal Rules of Criminal Procedure differ... |
2024 |
| Kekek Jason Stark |
TRIBAL COURT JURISDICTION AND THE EXHAUSTING NATURE OF FEDERAL COURT INTERFERENCE |
92 University of Cincinnati Law Review 701 (2024) |
C1-3Contents I. Introduction. 703 II. Background Doctrines. 704 A. Tribal Sovereignty. 704 B. Tribal Self-Government. 705 C. Tribal Exhaustion. 706 III. Tribal Jurisdiction. 710 A. Determining Tribal Jurisdiction Pursuant to Tribal Customary Law. 711 1. Reciprocal Relations. 711 a. Means v. District Court of the Chinle Judicial District, 2 Am.... |
2024 |
| Kristie Kargus |
TRIBAL IMMUNITY IS DYING: THE INTERSECTION OF BANKRUPTCY AND FEDERAL INDIAN LAW |
58 New England Law Review 309 (Spring, 2024) |
For centuries, Native American nations have compromised with the United States government, frequently sacrificing their freedom and immunity from most lawsuits. Over time, tribes negotiated certain powers away, including land, prosecution power, taxing power, and immunities. All three branches of government have collaborated with tribes throughout... |
2024 |
| Adam Crepelle |
TRIBAL LAW: IT'S NOT THAT SCARY |
72 Buffalo Law Review 547 (April, 2024) |
Tribal law is often presented in a negative light. Indeed, the Supreme Court's skepticism about tribal law has resulted in severe limitations on tribal jurisdiction. This Article challenges perceptions of tribal law by surveying tribal law. While tribal law does rely on tribal customs, tribal law is largely consistent with mainstream American law.... |
2024 |
| Elizabeth Hidalgo Reese |
TRIBAL REPRESENTATION AND ASSIMILATIVE COLONIALISM |
76 Stanford Law Review 771 (April, 2024) |
Abstract. There are 574 federally recognized domestic dependent tribal nations in the United States. Each tribe is separate from its respective surrounding state(s) and governs itself. And yet, none of them have the power to send representatives to Congress. Our democratic representative structures function as if tribal governments and the... |
2024 |
| Justin Desjardins |
TRIBAL SOVEREIGNTY & SOVEREIGN IMMUNITY IN BANKRUPTCY |
101 Washington University Law Review 1735 (2024) |
In July 2019, Brian Coughlin borrowed $1,100 from a payday lender named Lendgreen. Later that year, Mr. Coughlin filed for bankruptcy and listed his outstanding balance of about $1,600 owed to Lendgreen among his debts. Debt collection during a bankruptcy case is prohibited by the Bankruptcy Code's automatic stay. Despite the stay, Lendgreen... |
2024 |
| Anthony Hernandez |
TRIBAL TRADEMARK LAW |
76 Stanford Law Review 661 (March, 2024) |
Abstract. Native American tribes are increasingly creating their own intellectual and cultural property statutes. Of all the new legislation, tribal trademark law in particular is an engaging yet understudied area. By studying tribal trademark law, it becomes possible to evaluate the nature and scope of tribal sovereignty. And studying tribal... |
2024 |
| Frances Williamson |
TRIBAL WATER RIGHTS: PRIVATE LAW ALTERNATIVES TO THE FEDERAL TRUST DOCTRINE |
61 San Diego Law Review 407 (May-June, 2024) |
C1-2Table of Contents Abstract. 408 I. Introduction. 408 II. History and Background of Tribal Water Rights. 412 A. Tribal Waters and the Western Drought. 412 B. The Winters Doctrine. 415 C. The Quantification of Tribal Water Rights. 418 D. The Legal Issues with Tribal Water Rights. 422 III. Water Rights as Within the Federal Trust. 426 A. The... |
2024 |
| Samuel Joyce |
TRIBAL WATER SOVEREIGNTY: AUTHORIZING INDIAN WATER MARKETING IN THE COLORADO BASIN |
35 Stanford Law and Policy Review 161 (February, 2024) |
In January 2023, Congress passed the Colorado River Indian Tribes Water Resiliency Act, authorizing the Colorado River Indian Tribes to lease part of its Colorado River water allocation to off-reservation users. The law grants the Colorado River Indian Tribes some of the rights that are already enjoyed by private water users, and creates an... |
2024 |
| Adam Crepelle |
TRIBES AND AI: POSSIBILITIES FOR TRIBAL SOVEREIGNTY |
25 Duke Law & Technology Review 1 (9/29/2024) |
Artificial Intelligence (AI) has permeated every facet of modern existence. Governments across the globe are exploring its applications and attempting to establish regulatory frameworks. Numerous scholars have proffered recommendations for governing AI at the local, national, and international levels. However, as is often the case, Indian tribes... |
2024 |
| Alexandra Fay |
TRIBES AND TRILATERAL FEDERALISM: A STUDY OF CRIMINAL JURISDICTION |
56 Arizona State Law Journal 53 (Spring, 2024) |
This Article uses criminal jurisdiction to describe tribal political status in our national constitutional order. In 2022, Congress and the Supreme Court altered the already byzantine scheme of criminal jurisdiction on tribal land through the Reauthorization of the Violence Against Women Act (VAWA) and Oklahoma v. Castro-Huerta, respectively. By... |
2024 |
| Robin Kundis Craig |
TRIBES AND WATER IN THE WAKE OF NAVAJO NATION AND SACKETT: TREATIES, WINTERS, MONTANA, AND RIGHTS OF NATURE |
48 William and Mary Environmental Law and Policy Review 687 (Spring, 2024) |
Freshwater resources in the United States face a variety of stressors, including drought, flooding, and climate change-driven shifts in precipitation, that exacerbate both water quality problems and drinking water crises. In the midst of these increasing issues regarding both water quality and quantity (allocation), Tribes are playing an ever more... |
2024 |
| Emily J. Stolzenberg |
TRIBES, STATES, AND SOVEREIGNS' INTEREST IN CHILDREN |
102 North Carolina Law Review 1093 (May, 2024) |
Haaland v. Brackeen, last year's unsuccessful Supreme Court challenge to the Indian Child Welfare Act (ICWA), trumpeted a critique made consistently over the statute's forty-five-year history: that ICWA harms Indian children by subordinating their interests to their tribes' interests, unlike State family law, which pursues the best interests of... |
2024 |
| Katherine Baker, Rose Athena Collins |
TRUST THE PROCESS: INTERIOR PROMISES FINAL RULE WILL STREAMLINE TRIBAL TRUST LAND ACQUISITIONS |
40 Practical Real Estate Lawyer 19 (9/1/2024) |
The administrative process by which tribal nations obtain trust status for land to conduct off-reservation gaming or other activities has been criticized by some as cumbersome, lengthy, and overly burdensome. With recently implemented amendments to 25 Code of Federal Regulations (CFR) part 151, the Biden Administration seeks to make this process... |
2024 |
| Marina Berardino |
TWO IS NOT ALWAYS BETTER THAN ONE: CONCURRENT CRIMINAL JURISDICTION IN INDIAN COUNTRY AND THE WITHERING OF TRIBAL SOVEREIGNTY FOLLOWING MCGIRT AND CASTRO-HUERTA |
108 Minnesota Law Review 2099 (April, 2024) |
There is a violence epidemic plaguing the Native American population across the country. Native women are disproportionality victimized by both sexual and non-sexual violence--over eighty-five percent of Native women are expected to be victims of intimate partner violence, stalking, or sexual violence at some point in their life. Most often, the... |
2024 |
| UCLE |
UCLEJ INDIGENOUS PEOPLE RECOGNITION |
30 UC Law Environmental Journal 125 (May, 2024) |
Please consider the following in recognition of the genocide of Indigenous peoples who once called this land their home. The San Francisco Peninsula is the ancestral home of the Ramaytush Ohlone people, with many more Ohlone tribes throughout the greater Bay Area. After Mission Dolores was constructed in 1776, disease and forced linguistic... |
2024 |
| Sarah Roubidoux Lawson |
UNDERSTANDING RECENT CHANGES TO THE BUREAU OF INDIAN AFFAIRS FEE-TO-TRUST REGULATIONS |
71-SUM Federal Lawyer 16 (Summer, 2024) |
In December 2023, the Bureau of Indian Affairs (BIA) made significant revisions to its land acquisition regulations (also known as the fee-to-trust or FTT process), as published in the Federal Register (88 FR 86249). These regulations were final as of January 2024. According to the BIA, the changes are intended to make the fee-to-trust process... |
2024 |
| Emily Campbell |
UNEQUAL LAND: TOWARDS FULL RECOGNITION OF INDIGENOUS PEOPLE'S RELIGIOUS RIGHTS |
10 Texas A&M Journal of Property Law 167 (4/11/2024) |
Indigenous people face disparate treatment regarding religious free-exercise claims in the United States court system. Specifically, courts misconstrue native religious practices and hold native religious practitioners to a higher standard of proof than practitioners of mainstream religions in their free-exercise claims. This Article analyzes the... |
2024 |
| Eric Ramoutar |
UNPRINCIPLED PREEMPTION: WHY THE SUPREME COURT WAS WRONG IN OKLAHOMA v. CASTRO-HUERTA TO ABANDON EXCLUSIVE FEDERAL JURISDICTION OVER CRIMES BY NON-INDIANS AGAINST INDIANS IN INDIAN COUNTRY |
48 American Indian Law Review 115 (2023-2024) |
The division of criminal jurisdiction in Indian Country has been a source of controversy since the earliest days of the republic. The contemporary arrangement is the product of a complex interaction between treaties, federal statutes, and common law gloss. Since 1881, the prevailing understanding has been that while states have jurisdiction to... |
2024 |
| Heather Erb, Kristin Peterson, Brittany Sunshine, Gregory Sunshine, The CDC COVID-19 Vaccine Task Force Federal Entities Team |
UPHOLDING TRIBAL SOVEREIGNTY IN FEDERAL, STATE, AND LOCAL EMERGENCY VACCINE DISTRIBUTION PLANS |
52 Journal of Law, Medicine & Ethics 31 (Spring, 2024) |
Keywords: Tribes, Vaccine, Equity, COVID-19, Preparedness Abstract: Cross jurisdictional collaboration efforts and emergency vaccine plans that are consistent with Tribal sovereignty are essential to public health emergency preparedness. The widespread adoption of clearly written federal, state, and local vaccine plans that address fundamental... |
2024 |
| Lawrence J. Altman |
US SUPREME COURT'S JUNE 2023 RULING CONCLUDES INDIAN CHILD WELFARE ACT OF 1978 IS CONSTITUTIONAL |
80 Journal of the Missouri Bar 242 (November-December, 2024) |
Editor's Note: The Journal of The Missouri Bar follows Associated Press Style, which recommends the term Native American. In June 2023, the U.S. Supreme Court issued a ruling in Haaland, Secretary of the Interior v. Brackeen that discussed Native Americans' rights under the Indian Child Welfare Act of 1978 (ICWA). This federal law determines the... |
2024 |
| Daniel Messier |
W. FLAGLER ASSOCS., LTD. v. HAALAND: THE D.C. CIRCUIT PARLAYS THE INDIAN GAMING REGULATORY ACT INTO SPORTS BETTING |
31 Sports Lawyers Journal 123 (Spring, 2024) |
I. Overview. 123 II. Background. 124 III. Court's Decision. 127 IV. Analysis. 132 V. Conclusion. 136 |
2024 |
| Samantha Rice |
WHAT ARE THE ODDS? A COMMENT ON THE SEMINOLE TRIBE OF FLORIDA'S ABILITY TO HOLD EXCLUSIVE GAMING RIGHTS IN FLORIDA |
34 Marquette Sports Law Review 585 (Spring, 2024) |
The Seminole Tribe of Florida (Seminoles) has, and continues, to play an important role in the power of Indian Sovereignty and the origin and development of Indian gaming in the United States. The Tribal gaming industry has expanded greatly under the enactment of the Indian Gaming Regulatory Act (IGRA). This Act allows Indian Tribes to conduct... |
2024 |
| Maitri K. Patel |
WHEN CULTURE MEETS COVERTURE: UTILIZING STUDENT FEDERAL AID TO HELP INDIAN H-4 IMMIGRANTS ESCAPE ABUSE |
110 Iowa Law Review 397 (November, 2024) |
ABSTRACT: This Note explores the intersection of American immigration law, gender dynamics, and access to higher education through federal student aid, focusing on Indian women who immigrate on an H-4 visa and suffer from domestic abuse at the hands of their H-1B sponsor. Specifically, this Note investigates how widening access to higher education... |
2024 |
| by Barbara L. Jones , Minneapolis, MN |
When Should Tribes Be Reimbursed for Administrative Costs Associated with Providing Federally Funded Health Services? |
51 Preview of United States Supreme Court Cases 31 (3/18/2024) |
Competing policy issues are involved in this case, which is actually two consolidated cases, Becerra v. San Carlos Apache Tribe and Becerra v. Northern Arapho Tribe. One federal policy is that tribes should be able to provide their own health care through the Indian Health Service (IHS) using federal funds under the Indian Self-Determination and... |
2024 |
| Torey Dolan |
WHERE'S MR. POSTMAN? THE STRUGGLES OF VOTING BY MAIL IN INDIAN COUNTRY |
59 Harvard Civil Rights-Civil Liberties Law Review 123 (Spring, 2024) |
C1-2Table of Contents Introduction. 123 I. Postal Access Issues in Indian Country. 125 II. The Current Landscape of Voting by Mail. 129 III. Voting by Mail in Indian Country. 132 IV. Recent Changes to Voting by Mail. 136 Conclusion. 139 |
2024 |
| Bradly DeMoll |
WHO WILL SPEAK FOR THE TREES? HOW THE SAVE OUR SEQUOIAS ACT UNDERSCORES THE URGENT NEED TO PROTECT GIANT SEQUOIAS AND THE TULE RIVER INDIAN RESERVATION FROM WILDFIRE DESTRUCTION |
30 UC Law Environmental Journal 127 (May, 2024) |
Increasing rates of high-severity wildfires threaten the existence of giant sequoia trees, as well as the reservation and sacred cultural sites of the Tule River Indian Tribe. Decades of fire suppression have created a ticking time bomb across millions of acres of land. The result: the last two fire seasons alone wiped out nearly 20% of all giant... |
2024 |
| Daniel J. Finerty |
WISCONSIN'S TRIBAL GAMING COMPACTS AND THEIR EFFECTS ON SOVEREIGN IMMUNITY |
97-JUN Wisconsin Lawyer 26 (June, 2024) |
The gaming compacts by which Indian tribes obtained sole and exclusive right to conduct specific gaming enterprises in Wisconsin require tribes to secure liability insurance and a carrier endorsement that limit the carrier from asserting a sovereign immunity defense as specified. Attorneys who defend Indian tribes regarding casino-related injuries... |
2024 |
| Kristen A. Carpenter |
"ASPIRATIONS": THE UNITED STATES AND INDIGENOUS PEOPLES' HUMAN RIGHTS |
36 Harvard Human Rights Journal 41 (Spring, 2023) |
The United States has long positioned itself as a leader in global human rights. Yet, the United States lags curiously behind when it comes to the human rights of Indigenous Peoples. This recalcitrance is particularly apparent in diplomacy regarding the United Nations Declaration on the Rights of Indigenous Peoples. Adopted by the United Nations... |
2023 |
| Lori McPherson , Sarah Blazucki |
"STATISTICS ARE HUMAN BEINGS WITH THE TEARS WIPED AWAY": UTILIZING DATA TO DEVELOP STRATEGIES TO REDUCE THE NUMBER OF NATIVE AMERICANS WHO GO MISSING |
47 Seattle University Law Review 119 (Fall, 2023) |
C1-2Contents Introduction. 120 I. Data Sources/Legal Mandates for Submission. 125 A. Biographic Data. 126 B. Biometric Data. 132 II. Baseline: What We Know About Missing Indigenous Persons. 134 III. Legal Considerations in Missing Person Cases in ISndian Country. 143 A. Federalism and Limits of Federal Power. 143 B. Right to Privacy & the Right to... |
2023 |
| Chantelle van Wiltenburg |
"THE CENTER CANNOT HOLD": NATION AND NARRATION IN AMERICAN INDIAN LAW |
47 American Indian Law Review 127 (2022-2023) |
Then she began without bothering with onceuponatime, and whether it was all true or false he could see the fierce energy that was going into the telling, . this memory jumbled rag-bag of material was in fact the very heart of her, her self-portrait .. So that it was not possible to distinguish memories from wishes, guilty reconstructions from... |
2023 |
| Julia Gaffney |
"THE GOLD STANDARD OF CHILD WELFARE" UNDER ATTACK: THE INDIAN CHILD WELFARE ACT AND HAALAND v. BRACKEEN |
56 Family Law Quarterly 231 (2022-2023) |
Our country was built on the systemic erasure of Indigenous persons, their communities, and their culture. While one might consider this erasure a thing of the past--a phenomenon belonging more to colonization or the country's period of Western expansion--many of the legal, social, and political structures in the United States still operate in ways... |
2023 |
| Lucia Kello |
"THE PAST GOT BROKEN OFF": CLASSIFYING "INDIAN" IN THE INDIAN CHILD WELFARE ACT |
36 Journal of Civil Rights & Economic Development 361 (Winter, 2023) |
In her 1993 novel, Pigs in Heaven, Barbara Kingsolver chronicles the story of an American Indian child, Turtle, and her young, white, adoptive mother, Taylor Greer. In what has been criticized as a controversial imagined fact pattern, Kingsolver writes that while stopped in a parking lot in the middle of the night, Taylor is approached by an... |
2023 |
| William Y. Chin |
"WE WANT OUR LAND BACK": RETURNING LAND TO FIRST PEOPLES IN THE LAND RETURN ERA USING THE NATIVE LAND CLAIMS COMMISSION TO REVERSE CENTURIES OF LAND DISPOSSESSION |
24 Scholar: St. Mary's Law Review on Race and Social Justice 335 (2023) |
Introduction. 337 I. The First Peoples Land Inhabitance Era. 339 II. The European Land Dispossession Era. 340 III. The American Land Dispossession Era. 342 A. The United States' Continuing Reliance on the Discovery Doctrine. 342 B. The United States' History of Unjust Land Confiscations. 343 IV. The First Peoples Land Return Era. 345 A.... |
2023 |
| Margaret Kelly |
A MOTHER'S DOMICILE IN THE INDIAN CHILD WELFARE ACT: IN RE ADOPTION OF B.B. |
101 Oregon Law Review 453 (2023) |
Introduction. 453 I. History and Purpose of the Indian Child Welfare Act. 455 A. The Statute. 459 B. Domicile. 461 C. Statutory Interpretation. 461 II. Background of In re Adoption of B.B. 462 III. Case Analysis. 464 A. Plain Interpretation. 464 B. Congressional Intent. 466 C. Canons of Construction. 470 D. Effect on Public Policy. 470 E. United... |
2023 |
| Bryce Drapeaux |
A NEW ENTRY INTO THE ANTICANON OF INDIAN LAW: OKLAHOMA v. CASTRO-HUERTA AND THE ACTUAL STATE OF THINGS |
68 South Dakota Law Review 513 (2023) |
Criminal jurisdiction in Indian country is complex and has generally been controlled by the federal government and the tribes. State involvement in this realm has traditionally been limited and subject only to congressional plenary authority in Indian affairs. But the Supreme Court in Oklahoma v. Castro-Huerta ruled that states hold concurrent... |
2023 |
| Amanda Hager Freudensprung |
ABROGATING TRIBAL SOVEREIGN IMMUNITY VIA THE BANKRUPTCY CODE |
45 University of Arkansas at Little Rock Law Review 689 (Summer, 2023) |
Indian tribes have been considered separate governments since the Founding of the New World, and are separate sovereigns pre-existing the Constitution. As a result, Indian tribes have historically been held to have many of the same rights as any nation to govern themselves and to enjoy sovereign immunity. A government enjoying the privilege of... |
2023 |
| Rebecca Tsosie |
ACCOUNTABILITY FOR THE HARMS OF INDIGENOUS BOARDING SCHOOLS: THE CHALLENGE OF "HEALING THE PERSISTING WOUNDS" OF "HISTORIC INJUSTICE" |
52 Southwestern Law Review 20 (2023) |
As the settler colonial nations that emerged from British colonization, the United States, Canada, and Australia share a dark history of forcible acculturation of Indigenous peoples. The histories of Canada and the United States, in particular, are closely linked. The two countries share an international border that separated several Indigenous... |
2023 |
| Vanessa Racehorse , Anna Hohag |
ACHIEVING CLIMATE JUSTICE THROUGH LAND BACK: AN OVERVIEW OF TRIBAL DISPOSSESSION, LAND RETURN EFFORTS, AND PRACTICAL MECHANISMS FOR #LANDBACK |
34 Colorado Environmental Law Journal 175 (Spring, 2023) |
C1-2Table of Contents Introduction. 176 I. History of Forcible Dispossession of Indigenous Lands. 178 A. Doctrine of Discovery, Broken Treaties, and Indian Removal. 178 B. Land Back as More than a Movement. 183 II. Correlation Between Dispossession and Climate Change. 184 A. Shifting Land Management Practices. 185 1. Historical Indigenous Practices... |
2023 |
| Kathryn E. Fort |
AFTER BRACKEEN: FUNDING TRIBAL SYSTEMS |
56 Family Law Quarterly 191 (2022-2023) |
The purpose of the Indian Child Welfare Act was to allow tribes to make decisions for their own families, rather than state courts and agencies. Again and again, tribal leaders stated that they knew what to do for their tribes. Lost in our current fights over ICWA in the Supreme Court is the history of tribal leaders trying to secure funding for... |
2023 |
| A. U'ilani Tanigawa Lum |
AIA I WAI'OLI KE ALOHA 'INA: RE-CENTERING 'INA AND INDIGENOUS KNOWLEDGE FOR RESTORATIVE ENVIRONMENTAL JUSTICE |
41 UCLA Journal of Environmental Law & Policy 301 (2023) |
This Article explores Knaka Maoli's (Native Hawaiians') work to re-center principles of Indigenous biocultural resource management in decisionmaking to more fully realize restorative environmental justice. To do so, it contextualizes 'ina (land and natural resources) as Knaka Maoli's natural counterpart. Deploying a contextual inquiry framework... |
2023 |
| Steven Isaacs |
AMERICAN GIVERS: HOW THE RENEGING OF THE FEDERAL TRUST RESPONSIBILITY IMPACTS INDIAN GAMING AND CONTINUES AMERICA'S APATHETIC OPPRESSION OF NATIVE AMERICANS |
13 UNLV Gaming Law Journal 235 (Spring, 2023) |
Initially, this paper sought to answer why wealth inequality exists between tribal casinos and reservation life. Through research into the subject, this paper now offers a comprehensive overview of the many contradictions plaguing modern Native American society, explanations of why they persist, and potential ways they can be fixed. Section II of... |
2023 |
| Affie B. Ellis |
AN "ENDURING PLACE" |
46-OCT Wyoming Lawyer 20 (October, 2023) |
On June 15, 2023, the U.S. Supreme Court handed down a significant victory to supporters of tribal sovereignty and the Indian Child Welfare Act (ICWA) in Haaland v. Brackeen. Congress enacted ICWA in 1978 to stop the forced assimilation of Native American children by putting in place several important safeguards that apply to adoption and foster... |
2023 |
| Samuel Kramer |
ARE WE ATONING FOR OUR PAST OR CREATING MORE PROBLEMS: HOW COVID-19 LEGISLATIVE RELIEF LAWS ARE SHAPING THE IDENTITIES OF INDIGENOUS POPULATIONS IN NORTH AMERICA |
54 University of Miami Inter-American Law Review 169 (Spring, 2023) |
This student's note will attempt to answer three questions: 1) How Canadian and American legal precedent affects the modern identity of Indigenous Populations? 2) How COVID-19 legislative relief continues to shape indigenous identities? and 3) Can a comparative study teach legislators about enacting legislation that withstands shifts in political... |
2023 |
| Angela R. Riley |
BEFORE MINE!: INDIGENOUS PROPERTY RIGHTS FOR JAGENAGENON: MINE!: HOW THE HIDDEN RULES OF OWNERSHIP CONTROL OUR LIVES. BY MICHAEL HELLER AND JAMES SALZMAN. NEW YORK, N.Y.: DOUBLEDAY. 2021. PP. 322. $17.00 |
136 Harvard Law Review 2074 (June, 2023) |
Many of our most basic rights and fundamental freedoms-- securing bodily autonomy, patenting inventions, maintaining authority over who (and what) can live inside our homes--are shaped by property law. In a new book by Professors Michael Heller and James Salzman, Mine!: How the Hidden Rules of Ownership Control Our Lives, the authors set out to... |
2023 |
| Ashleigh Lussenden |
BLOOD QUANTUM AND THE EVER-TIGHTENING CHOKEHOLD ON TRIBAL CITIZENSHIP: THE REPRODUCTIVE JUSTICE IMPLICATIONS OF BLOOD QUANTUM REQUIREMENTS |
111 California Law Review 287 (February, 2023) |
Blood often serves as the basis for identity for many groups in the United States. Native Americans, however, are the only population in which blood is a requirement for collective belonging and can be the determining factor for whether one receives tribal benefits and services. Many Tribal Nations use blood quantum, the percentage of Indian blood... |
2023 |
| Sam J. Carter , Robin M. Rotman |
BURNING QUESTIONS: CHANGING LEGAL NARRATIVES ON CANNABIS IN INDIAN COUNTRY |
74 Mercer Law Review 993 (Spring, 2023) |
In the not-so-distant past, thoughts of Cannabis legalization in the United States were radical. In the present day, the narratives around Cannabis are changing. The term present day affixes this Article to early 2023, a snapshot in time. To understand the current legal narratives surrounding Cannabis, and what they might become in the future, it... |
2023 |
| Slam Dunkley |
CENTERING MNI WACONI IN WATER LAW: THE NATURE OF THE PONCA TRIBE OF OKLAHOMA'S WATER RIGHTS AND POTENTIAL METHODS TO ASCERTAIN THEM |
13 Arizona Journal of Environmental Law & Policy 24 (Summer, 2023) |
Water is not a natural resource. Water is a source of life that every being on this planet has an inalienable right to. For that reason, we say Mni Waconi which means Water is Life. The law of the United States, however, ignores this fact and attempts to create a means of dominion over a source of life that is sacred and gifted with the... |
2023 |
| Jeremy Rabkin |
COMMERCE WITH THE INDIAN TRIBES: ORIGINAL MEANINGS, CURRENT IMPLICATIONS |
56 Indiana Law Review 279 (2023) |
The Supreme Court's 2022 ruling in Oklahoma v. Castro-Huerta defied much current precedent and practice, as four dissenters protested. But neither side grappled with the Constitution's original meaning. Both text and early practice confirm that the federal power to regulate commerce with the Indian tribes was a different, more constrained power... |
2023 |
| Torey Dolan |
CONGRESS' POWER TO AFFIRM INDIAN CITIZENSHIP THROUGH LEGISLATION PROTECTING NATIVE AMERICAN VOTING RIGHTS |
59 Idaho Law Review 47 (2023) |
American Indians' path to citizenship and the franchise has not been straightforward nor simple. The legacy of this complicated path bears out today in the myriad of ways that Native Americans lack equitable access to voting in state and federal elections and otherwise face barriers to participating in the body politic that non-Indians do not.... |
2023 |