Ann E. Tweedy HAS FEDERAL INDIAN LAW FINALLY ARRIVED AT "THE FAR END OF THE TRAIL OF TEARS"? 37 Georgia State University Law Review 739 (Spring, 2021) This Article examines the United States Supreme Court's July 9, 2020 decision in McGirt v. Oklahoma, which held that the historic boundaries of the Creek reservation remain intact, and argues that the decision may signal a sea change in the course of federal Indian law of the magnitude of Obergefell v. Hodges in the LGBT rights arena. The Article... 2021
Troy J.H. Andrade HAWAI'I '78: COLLECTIVE MEMORY AND THE UNTOLD LEGAL HISTORY OF REPARATIVE ACTION FOR KNAKA MAOLI 24 University of Pennsylvania Journal of Law and Social Change 85 (2021) Abstract. Constructed from years of archival and legal research, and in-depth interviews, this Article unearths the story of Native Hawaiians who, tired of failed promises and hollow apologies, in 1978 capitalized on an indigenous cultural and political revival to change the law and secure reparative action. The Native Hawaiian community... 2021
Sara K. Rankin HIDING HOMELESSNESS: THE TRANSCARCERATION OF HOMELESSNESS 109 California Law Review 559 (April, 2021) Cities throughout the country respond to homelessness with laws that persecute people for surviving in public spaces, even when unsheltered people lack a reasonable alternative. This widespread practice--the criminalization of homelessness--processes vulnerable people through the criminal justice system with damaging results. But recently, from the... 2021
Adam Crepelle HOW FEDERAL INDIAN LAW PREVENTS BUSINESS DEVELOPMENT IN INDIAN COUNTRY 23 University of Pennsylvania Journal of Business Law 683 (2021) I. Introduction. 683 II. Data. 690 III. Tribal Sovereignty and Economic Development. 693 IV. How Federal Indian Law Kills Reservation Economies. 705 A. Jurisdictional Uncertainty. 706 1. Civil Jurisdiction. 707 2. Forum Selection Clauses and Arbitration Agreements. 712 3. Enforcing Judicial Decrees. 715 4. Criminal Jurisdiction. 717 B. Land Status.... 2021
Marcia Zug ICWA'S IRONY 45 American Indian Law Review 1 (2021) The Indian Child Welfare Act (ICWA or the Act) is a federal statute that protects Indian children by keeping them connected to their families and culture. The Act's provisions include support for family reunification, kinship care preferences, cultural competency considerations and community involvement. These provisions parallel national child... 2021
Libby Smith IMPACT OF THE CORONAVIRUS AND FEDERAL RESPONSES ON INDIGENOUS PEOPLES' HEALTH, SECURITY, AND SOVEREIGNTY 45 American Indian Law Review 297 (2021) COVID-19 has ravaged the United States since the first confirmed American diagnosis in January 2020. By December 2020, there were 19,663,976 diagnosed cases and 341,199 deaths attributed to the disease in the United States alone. In June 2021, a year and a half after the first American diagnosis, the CDC reported 33,283,781 total cases of COVID-19... 2021
Jordan Gross INCORPORATION BY ANY OTHER NAME? COMPARING CONGRESS' FEDERALIZATION OF TRIBAL COURT CRIMINAL PROCEDURE WITH THE SUPREME COURT'S REGULATION OF STATE COURTS 109 Kentucky Law Journal 299 (2020-2021) Table of Contents 299 Introduction. 300 I. Colonialist Containment of Indigenous Justice. 304 A. Destabilized Sovereignty. 304 B. Imported Justice. 306 C. Appropriated Jurisdiction. 309 II. State and Tribal Court Procedural Reform by Federal Fiat. 322 A. The Supreme Court Federalizes State Court Criminal Procedure. 322 B. Congress Federalizes... 2021
Elizabeth Kronk Warner , Heather Tanana INDIAN COUNTRY POST-MCGIRT: IMPLICATIONS FOR TRADITIONAL ENERGY DEVELOPMENT AND BEYOND 45 Harvard Environmental Law Review 249 (2021) The decision in McGirt v. Oklahoma is being heralded as the most important Indian law decision of the last 100 years, as it affirmed the reservation boundaries of the Muscogee (Creek) Reservation--an area long considered by many to be under Oklahoma's jurisdiction. Following release of the U.S. Supreme Court's decision, the outcry from the oil and... 2021
Aila Hoss INDIANA'S INDIAN LAWS: INDIGENOUS ERASURE AND RACISM IN THE LAND OF THE INDIANS 30-SPG Kansas Journal of Law & Public Policy 184 (Spring, 2021) In response to a request for funding on Tribal and Indian law research, a director level position from Indiana University who reviewed a draft of the proposal stated that the author needed to clear why a team from the middle of Indiana is positioned to conduct this research and that it is her job to point out the obvious. In the author's... 2021
Trevor Reed INDIGENOUS DIGNITY AND THE RIGHT TO BE FORGOTTEN 46 Brigham Young University Law Review 1119 (2021) C1-2Contents Introduction. 1119 I. Hopi Forgetting: A Case Study. 1123 II. Theorizing Anonymous Care. 1128 III. Understanding Indigenous Erasure. 1133 IV. Toward an Indigenous Right to Be Forgotten. 1138 Conclusion. 1146 2021
Dr. Daniel Rietiker INDIGENOUS PEOPLES' RIGHT TO WATER IN TIMES OF COVID-19: ASSESSMENT OF THE PROTECTION UNDER INTERNATIONAL LAW AND RECOMMENDATIONS FOR HUMAN RIGHTS LITIGATION 44 Suffolk Transnational Law Review 1 (Winter, 2021) While rivers flow through Navajo lands and are used to irrigate golf courses in Phoenix, the Navajo lack legal entitlement to that water and amidst the coronavirus crisis, cannot even get sufficient plumbing to wash their hands. Indigenous peoples have suffered and continue to suffer from human rights abuses more than the rest of the population.... 2021
Monica C. Bell , Katherine Beckett , Forrest Stuart INVESTING IN ALTERNATIVES: THREE LOGICS OF CRIMINAL SYSTEM REPLACEMENT 11 UC Irvine Law Review 1291 (August, 2021) What logics underlie the call to defund the police, and how do those logics matter in policy debate? In the wake of widespread protests after the deaths of George Floyd, Breonna Taylor, and other victims of police violence during the summer of 2020, the Black Lives Matter movement's call to defund the police captured the national imagination.... 2021
Angelique EagleWoman (Wambdi A. Was'teWinyan) JURISPRUDENCE AND RECOMMENDATIONS FOR TRIBAL COURT AUTHORITY DUE TO IMPOSITION OF U.S. LIMITATIONS 47 Mitchell Hamline Law Review 342 (February, 2021) I. Introduction. 342 II. Questioning the Legal Basis for the Courts of Indian Offenses. 344 A. The Context of Shifting U.S. Indian Policies. 345 B. Courts of Indian Offenses as Assimilation Era Federal Instrumentalities. 347 III. Transition to Indian Self-Government and Modern Tribal Courts. 351 A. The Operation of Tribal Courts. 352 B. Tribal... 2021
Nina Ciffolillo LEGAL BARRIERS TO TRIBAL JURISDICTION OVER VIOLENCE AGAINST WOMEN IN MAINE: DEVELOPMENTS AND PATHS FORWARD 73 Maine Law Review 351 (2021) Abstract I. Introduction: Tribal Jurisdiction in the United States and Maine II. Violence Against Indigenous Women and the Violence Against Women Act (VAWA), Nationally and in MaineE A. On the National Scale B. In Maine III. Prospects of Prosecuting in Maine Tribal Courts IV. Weaknesses and Potential for More Effective Solutions in the U.S. and in... 2021
Mirko Bagaric , Peter Isham , Jennifer Svilar , Theo Alexander LESS PRISON TIME MATTERS: A ROADMAP TO REDUCING THE DISCRIMINATORY IMPACT OF THE SENTENCING SYSTEM AGAINST AFRICAN AMERICANS AND INDIGENOUS AUSTRALIANS 37 Georgia State University Law Review 1405 (Summer, 2021) The criminal justice system discriminates against African Americans. There are a number of stages of the criminal justice process. Sentencing is the sharp end of the system because this is where the community acts in its most coercive manner by intentionally inflecting hardships on offenders. African Americans comprise approximately 40% of the... 2021
Rebekah Ross LET INDIANS DECIDE: HOW RESTRICTING BORDER PASSAGE BY BLOOD QUANTUM INFRINGES ON TRIBAL SOVEREIGNTY 96 Washington Law Review 311 (March, 2021) American immigration laws have been explicitly racial throughout most of the country's history. For decades, only White foreign nationals could become naturalized citizens. All racial criteria have since vanished from the Immigration and Nationality Act (INA)--all but one. Section 289 of the INA allows American Indians born in Canada to... 2021
Adam Crepelle LIES, DAMN LIES, AND FEDERAL INDIAN LAW: THE ETHICS OF CITING RACIST PRECEDENT IN CONTEMPORARY FEDERAL INDIAN LAW 44 New York University Review of Law and Social Change 529 (2021) Federal Indian law is rooted in history. Present day Indian law practitioners routinely cite cases from the 1800s. Most of the jurisprudence dealing with Indians in the 1800s is flagrantly racist and based upon grossly erroneous stereotypes about Indians. Contemporary Indian rights continuously erode because federal Indian law remains stuck in the... 2021
Kristen A. Carpenter LIVING THE SACRED: INDIGENOUS PEOPLES AND RELIGIOUS FREEDOM, DEFEND THE SACRED: NATIVE AMERICAN RELIGIOUS FREEDOM BEYOND THE FIRST AMENDMENT. BY MICHAEL D. MCNALLY. PRINCETON, N.J.: PRINCETON UNIVERSITY PRESS. 2020. PP. 376. $99.95 134 Harvard Law Review 2103 (April, 2021) In recent years, the Supreme Court has shown solicitude for religious freedom claims arising under the First Amendment and federal statutes. Cases expanding the scope of free exercise and narrowing limitations on government establishment have favored religious belief and practice, even when arguably pitted against core concerns about public health... 2021
Amanda Tesarek MAKING THE "BEST" BETTER: TRANSFERRING BEST INTERESTS DETERMINATIONS TO TRIBES AS A SOLUTION TO THE ONGOING POST-COLONIAL INDIGENOUS CHILD WELFARE CRISIS 30 Minnesota Journal of International Law 395 (Spring, 2021) Kill the Indian in him, and save the man. [C]ontinue until there is not a single Indian in Canada that has not been absorbed into the body politic and there is no Indian question, and no Indian department. [T]he destiny of the natives of aboriginal origin . lies in their ultimate absorption by the people of the Commonwealth . These... 2021
Ana Condes MAN CAMPS AND BAD MEN: LITIGATING VIOLENCE AGAINST AMERICAN INDIAN WOMEN 116 Northwestern University Law Review 515 (2021) The crisis of sexual violence plaguing Indian Country is made drastically worse by oil-pipeline construction, which often occurs near reservations. The man camps constructed to house pipeline workers are hotbeds of rape, domestic violence, and sex trafficking, and American Indian women are frequently targeted due to a perception that... 2021
Jonathan Riedel MIRRORED HARMS: UNINTENDED CONSEQUENCES IN THE GRANT OF TRIBAL COURT JURISDICTION OVER NON-INDIAN ABUSERS 45 American Indian Law Review 211 (2021) Rates of domestic violence are astonishingly high in Indian Country. More than half of Indian women have experienced physical violence in their lifetimes. They are twice as likely to experience rape as white women and to experience more violent rape when it occurs. Their plight is also deeply intertwined with race: 90% of women reported that the... 2021
Heather Sauyaq Jean Gordon , Travis W.M. Roberts , Management and Program Analyst, Administration for Native Americans, Department of Health and Human Services, Program Analyst, Administration for Native Americans, Department of Health and Human Services MISSING OR MURDERED INDIGENOUS PEOPLE: CULTURALLY BASED PREVENTION STRATEGIES 69 Department of Justice Journal of Federal Law and Practice 47 (January, 2021) To address the ongoing crisis of missing or murdered Indigenous persons (MMIP), we must explore the historical context that led to the extent of the victimization today. The issue is steeped in centuries of interracial physical and cultural violence carried out through colonial oppression of Indigenous peoples. What began with European... 2021
André B. Rosay , Professor of Justice & Associate Dean, College of Health, University of Alaska Anchorage NATIONAL SURVEY ESTIMATES OF VIOLENCE AGAINST AMERICAN INDIAN AND ALASKA NATIVE PEOPLE 69 Department of Justice Journal of Federal Law and Practice 91 (January, 2021) When one in three Native American women will be raped in their lifetimes, that is an assault on our national conscience; it is an affront to our shared humanity; it is something that we cannot allow to continue. Advocates, researchers, practitioners, and policymakers are increasingly working together to raise awareness on the level of violence... 2021
Katherine M. Cole NATIVE TREATIES AND CONDITIONAL RIGHTS AFTER HERRERA 73 Stanford Law Review 1047 (April, 2021) Abstract. Due to the complex and often troubled history of relations between the United States and Native nations, special rules apply when courts interpret Native treaties. For example, when interpreting the scope of treaty rights, courts apply a unique set of canons of construction generally favoring the Native nations. Further, before courts... 2021
David A. Cordero Heredia , Nicholas Koeppen OIL EXTRACTION, INDIGENOUS PEOPLES LIVING IN VOLUNTARY ISOLATION, AND GENOCIDE: THE CASE OF THE TAGAERI AND TAROMENANE PEOPLES 34 Harvard Human Rights Journal 117 (Spring, 2021) This Article utilizes the crime of genocide's requisite elements to analyze the massacres of the Tagaeri and Taromenane Peoples (Tagaeri-Taromenane). The Tagaeri-Taromenane are Indigenous peoples living in voluntary isolation in the Ecuadorian Amazon who are endangered by the oil and timber industries and the expansion of peasant settlements in... 2021
Lario Albarrán OWNING FRIDA KAHLO 35 Emory International Law Review 627 (2021) --Hayden Herrera Frida Kahlo is undoubtedly one of the most recognizable names in art history. Her work epitomizes Mexican national and indigenous traditions and is regarded as an uncompromising depiction of the female experience and form. But her fame goes beyond art galleries. Kahlo's face--brooding gaze, elaborate Mexican coiffures, and... 2021
Angelique EagleWoman , (Wambdi A. Was'teWinyan) PERMANENT HOMELANDS THROUGH TREATIES WITH THE UNITED STATES: RESTORING FAITH IN THE TRIBAL NATION-U.S. RELATIONSHIP IN LIGHT OF THE MCGIRT DECISION 47 Mitchell Hamline Law Review 640 (April, 2021) I. Introduction. 641 II. Doctrine of Discovery, British Treaty-Making to U.S. Treaty-Making. 642 A. The Treaty of Niagara in 1764. 645 B. British Colonies form the United States of America. 647 III. Permanent Homelands and Treaty Relationships. 648 A. U.S. Constitution and Tribal Nations. 649 B. Status of American Indians and Imposition of U.S.... 2021
Mary J. Pavel POLICYMAKERS' ROLE IN CHANGING THE WASHINGTON FOOTBALL TEAM'S NAME 68-APR Federal Lawyer 44 (March/April, 2021) The word Reds**n is a racial slur, and I have always believed that renaming Washington's football team would be important to changing how America views and treats native people. In just one of a lifetime of experiences with this racial slur, an African American attorney told me that I should not be offended by Reds**n, as it was not the same as... 2021
Rory Bennett PROPERTY RIGHTS IN A VACUUM: A MOON ANARCHIST'S GUIDE TO PROSPECTING 63 Arizona Law Review 229 (Spring, 2021) Soon there will be private industry on the moon, but the question of how property rights will be apportioned, transferred, and adjudicated is still unanswered. Further complicating the matter is the founding document of space law, the Outer Space Treaty, which disallows sovereign appropriation of space resources but remains silent on whether the... 2021
Adam Crepelle PROTECTING THE CHILDREN OF INDIAN COUNTRY: A CALL TO EXPAND TRIBAL COURT JURISDICTION AND DEVOTE MORE FUNDING TO INDIAN CHILD SAFETY 27 Cardozo Journal of Equal Rights & Social Justice 225 (Spring, 2021) C1-2Table of Contents I. Introduction. 226 II. Child Abuse Data and Its Effects. 229 III. Explaining the High Rates of Child Maltreatment in Indian Country. 232 A. Jurisdictional Confusion. 232 B. Lack of Law Enforcement Resources. 238 C. Lack of Access to Criminal Databases. 241 D. Inadequate Healthcare and Social Services. 244 E. Socioeconomics.... 2021
Katie Michaela Becker RACE AND PRISON DISCIPLINE: A STUDY OF NORTH CAROLINA STATE PRISONS 43 North Carolina Central Law Review 175 (2021) Black and Indigenous people receive disproportionate shares of disciplinary write-ups at state prisons in North Carolina. They experience more sanctions as a result. In this Article, I examine publicly available 2020 data from the North Carolina Department of Public Safety. I use two statistical techniques: binary logistic regression and multiple... 2021
Joy Barber RACE TO JURISDICTION: FORUM DETERMINATION IN DV-RELATED CHILD CUSTODY ACTIONS WHEN SURVIVORS FLEE ACROSS RESERVATION LINES 82 Montana Law Review 259 (Summer, 2021) You are a state district court judge in a small town just outside an Indian reservation. Before you is a dissolution petition with a parenting plan brought by the mother of two children. All three are tribal members. The family has primarily lived on the reservation for the previous four years. However, after being severely beaten by her non-Indian... 2021
Larry R. Daves RECONCILING OUR PAST 50-OCT Colorado Lawyer 6 (October, 2021) On September 29, 2020, H.R. 8420 was introduced in Congress to establish the Truth and Healing Commission on Indian Boarding School Policy in the United States. The Act does not call for reparations for Native Americans, but it should. Perhaps the strongest argument for restitution derives from the formal US policy of child separation that was in... 2021
Stephanie Hall Barclay , Michalyn Steele RETHINKING PROTECTIONS FOR INDIGENOUS SACRED SITES 134 Harvard Law Review 1294 (February, 2021) Introduction. 1296 I. The History of Government Callousness and Coercion Regarding Indigenous Sacred Sites. 1303 A. The Significance of Sacred Sites to Indigenous Peoples. 1304 B. Government Disregard of Indigenous Religious Practices and Divestiture of Sacred Sites. 1307 C. Potentially Applicable Tools for Indigenous Sacred Sites. 1317 II.... 2021
Elizabeth Kukura SEEKING SAFETY WHILE GIVING BIRTH DURING THE PANDEMIC 14 Saint Louis University Journal of Health Law & Policy 279 (2021) As COVID-19 spread throughout the United States in early 2020, many pregnant people sought alternatives to delivering in a hospital. Midwifery practices offering services at home or in a freestanding birth center reported record numbers of inquiries, including from people looking to transfer care near the end of pregnancy. Whether due to fear of... 2021
Megan Mallonee SELECTIVE JUSTICE: A CRISIS OF MISSING AND MURDERED ALASKA NATIVE WOMEN 38 Alaska Law Review 93 (June, 2021) Across the country, Indigenous women are murdered more than any other population and go missing at disproportionate rates. This crisis of missing and murdered Indigenous women is amplified in Alaska, where the vast landscape, a confusing jurisdictional scheme, and a history of systemic racism all create significant barriers to justice for Alaska... 2021
Theresa Rocha Beardall, J.D., Ph.D. SOVEREIGNTY THREAT: LOREAL TSINGINE, POLICING, AND THE INTERSECTIONALITY OF INDIGENOUS DEATH 21 Nevada Law Journal 1025 (Spring, 2021) In March 2016, Loreal Tsingine, a twenty-seven-year-old Diné mother living in Winslow, Arizona, was killed by Officer Austin Shipley. After two investigations insinuated that Shipley was justified in using fatal force to take Ms. Tsingine's life, the Navajo Nation filed two suits in federal court: one against the city claiming that the Winslow... 2021
Kaylee Snyder STATE v. NOBLES: CHANCE TO SETTLE NEEDLESS JURISDICTIONAL TURBULENCE 45 American Indian Law Review 361 (2021) Under the Major Crimes Act (MCA), federal courts have exclusive jurisdiction over several enumerated criminal offenses that occur in Indian Country and are committed by Indians. When an individual is an enrolled member of a federally recognized tribe, Indian status is easily established and federal courts hold the authority to prosecute. A... 2021
Amy Kristin Sanders THE "EXCEPTIONALIST TRAP": WHY THE FUTURE FIRST AMENDMENT MUST TAKE FUNDAMENTAL HUMAN RIGHTS INTO ACCOUNT 65 Washington University Journal of Law & Policy 61 (2021) Other countries do not have the same approach to freedom of expression as the United States. The American approach to freedom of expression wields influence around the world. Sanders argues the United States' unwillingness to consider alternatives to the current categorical approach to free speech can no longer be justified. This Article explores... 2021
Carla F. Fredericks THE (INDIGENOUS) CASE FOR SHAREHOLDER PRIMACY AND ITS ROLE IN CLIMATE JUSTICE 134 Harvard Law Review Forum 340 (April, 2021) In 1970, Milton Friedman published his now-infamous essay, arguing that the purpose of a corporation is to produce value for its investors. Articulating what is now known as the Friedman doctrine, or shareholder primacy, his essay argued that companies do not have social responsibilities to the public; instead, the responsibility of a company is to... 2021
  THE AGREEMENT AND THE GIRMITIYA 134 Harvard Law Review 1826 (March, 2021) What I want to say in this letter, wrote the exasperated Viceroy of India in a telegram to the London-based Secretary of State for India, is that the time for palliatives is past, . and that, if public opinion--and this won't remain a purely Indian question--is to be satisfied, recruiting must stop. Weeks later, on March 10, 1917, the British... 2021
Shawn “Pepper” Roussel THE CARROT IS THE STICK: FOOD AS A WEAPON OF SYSTEMIC OPPRESSION FOR BLACK CONSUMERS AND THE DISENFRANCHISEMENT OF BLACK FARMERS 36 Journal of Environmental Law & Litigation 129 (2021) Introduction. 129 I. The Confidence of a Mediocre White Guy: Andrew Johnson's Tenure. 133 II. Making It Right: Freedmen's Bureau and Other Failed Experiments. 137 III. Refugees in Their Own Land: Black Americans. 139 IV. Name That Oppression: Food. 141 V. Colonizers Gonna Colonize: Native American Land Dispossession. 145 VI. There's No Such Thing... 2021
Matthew Doyle , University of Sussex THE CASE OF PIRUANI: CONTESTED JUSTICE, LEGAL PLURALISM, AND INDIGENEITY IN HIGHLAND BOLIVIA 44 PoLAR: Political and Legal Anthropology Review 60 (May, 2021) The 2009 Bolivian constitution included provisions that establish a radical form of de jure legal pluralism by creating a parallel legal system that gives full recognition to the nonstate legal orders and forms of conflict resolution of Indigenous communities. This article examines how a land dispute within a Bolivian highland Indigenous community... 2021
The Honorable Bradley Letts, Senior Resident Superior Court Judge THE CHEROKEE TRIBAL COURT: ITS ORIGINS AND ITS PLACE IN THE AMERICAN JUDICIAL SYSTEM 43 Campbell Law Review 47 (Winter, 2021) I. Introduction. 48 II. The Cherokee Court. 49 A. The Cherokee Court Established in 1820. 49 B. Courts of Indian Offenses in Indian Country. 51 C. The Establishment of the CFR Court in Cherokee. 55 D. The Reestablishment of the Cherokee Tribal Court. 58 III. Tribal Court Exhaustion. 61 A. The Doctrine of Tribal Court Exhaustion. 61 B. The Cherokee... 2021
Samantha J. Merrill THE CHRONIC EFFECT OF "KILL THE INDIAN SAVE THE MAN": AN ANALYSIS OF DREAMING BEAR v. FLEMING 66 South Dakota Law Review 361 (2021) The District Court of South Dakota has found that the wearing of cultural regalia is a protected First Amendment Expression, but that such an expression can be prohibited at a graduation ceremony based on the pedagogical interests of a public high school. The District Court found, in the case of Dreaming Bear v. Fleming, the Dataphase factors did... 2021
Emily Hudson THE CONSTITUTIONALITY OF THE INDIAN CHILD WELFARE ACT 47 Ohio Northern University Law Review 359 (2021) The Indian Child Welfare Act (ICWA) was passed in 1978 as a response to the disproportionate removal of Indian children from their homes compared to non-Indian children. It was found that this was disproportionality in part because judges and child welfare workers did not understand Indian culture-which led to prejudicial attitudes and the higher... 2021
Andie B. Netherland THE DISPROPORTIONATE EFFECT ON NATIVE AMERICAN WOMEN OF EXTENDING THE FEDERAL INVOLUNTARY MANSLAUGHTER ACT TO INCLUDE A WOMAN'S CONDUCT AGAINST HER CHILD IN UTERO: UNITED STATES v. FLUTE 45 American Indian Law Review 191 (2021) I raise up my voice--not so that I can shout, but so that those without a voice can be heard .. We cannot all succeed when half of us are held back. --Malala Yousafzai Samantha Flute, a Native American woman, was charged with committing involuntary manslaughter against her newborn baby boy after it was revealed that she took over-the-counter and... 2021
Mary Margaret L. Kirchner THE EXECUTION OF LEZMOND MITCHELL: AN ANALYSIS OF FEDERAL INDIAN LAW, CRIMINAL JURISDICTION, AND THE DEATH PENALTY AS APPLIED TO NATIVE AMERICANS 25 Lewis & Clark Law Review 649 (2021) Capital punishment is controversial in American society. It is the junction where moral standards and punishment for the most severe crimes crash together head on. As society has evolved, so have the expectations, requirements, and norms for capital punishment. In the history of the United States, capital punishment, commonly referred to as the... 2021
Lorianne Updike Toler THE MISSING INDIAN AFFAIRS CLAUSE 88 University of Chicago Law Review 413 (March, 2021) Congressional plenary power over Native Americans sits in direct conflict with tribal sovereignty. Scholarship and case law justifying plenary power run the gamut from finding an expansive preconstitutional federal plenary power over Native Americans to narrowly reading the Indian Commerce Clause to limit congressional power to trade alone. All... 2021
Katherine Farrell Ginsbach THE OGLALA LAKOTA AND THE RIGHT TO HEALTH: THE FORGOTTEN AMERICANS 24 Quinnipiac Health Law Journal 237 (2021) C1-3Table of Contents I. Introduction. 239 II. Background. 241 A. Oglala Lakota Demographics. 241 III. Historical Significance. 244 A. Fort Laramie Treaty of 1868. 245 B. The Black Hills and Dawes Act. 247 C. Snyder Act through Present Day. 248 IV. Indigenous Peoples' Health in the United States. 251 A. Indian Health Services. 253 B. Disease... 2021
1 2 3 4 5 6 7 8 9 10 11 12 13