Matthew L.M. Fletcher , Wenona T. Singel LAWYERING THE INDIAN CHILD WELFARE ACT 120 Michigan Law Review 1755 (June, 2022) This Article describes how the statutory structure of child welfare laws enables lawyers and courts to exploit deep-seated stereotypes about American Indian people rooted in systemic racism to undermine the enforcement of the rights of Indian families and tribes. Even when Indian custodians and tribes are able to protect their rights in court,... 2022
Adam Crepelle LEGAL ISSUES IN TRIBAL E-COMMERCE 10 American University Business Law Review 383 (2022) I. Introduction. 383 II. Tribal Sovereignty and Economic Development. 386 III. Tribes, E-Commerce, and the Law. 391 A. Online Reservation Sales and State Taxes. 391 B. Online Gaming. 396 C. Fintech. 400 i. Cryptocurrency. 400 ii. Tribal Lending. 403 a. Tribal Sovereign Immunity. 406 b. Jurisdiction and Forum Selection Clauses. 410 IV.... 2022
Elaina Erola LEGAL OBSTACLES IN THE EPIDEMIC OF MISSING AND MURDERED INDIGENOUS WOMEN IN THE UNITED STATES 54 Texas Tech Law Review 165 (Winter, 2022) I. Introduction. 165 II. The Jurisdictional Nightmare of Prosecuting Tribal Crimes. 167 III. The Link Between Murder and Human Trafficking. 171 IV. Recent Congressional Acts. 174 V. How the Federal Government Has Failed. 175 VI. How Tribal Courts Have Succeeded. 178 VII. Conclusion. 180 2022
Stephen H. Greetham LESSONS LEARNED, LESSONS FORGOTTEN: A TRIBAL PRACTITIONER'S READING OF MCGIRT AND THOUGHTS ON THE ROAD AHEAD 57 Tulsa Law Review 613 (Spring, 2022) I. Introduction. 614 II. Discussion. 621 A. What Happened: A Tribal Practitioner's Reading of McGirt. 621 i. McGirt as Court Ruling. 624 a. The Parties. 624 b. The Question and Issue. 626 c. Oklahoma's Argument and the Law Before McGirt. 630 d. The Court's Holding and Analysis. 632 ii. McGirt Through the Lens of Professor... 2022
Patrick Derocher MANIFESTING A BETTER DESTINY: INTEREST CONVERGENCE AND THE INDIAN CLAIMS COMMISSION 24 NYU Journal of Legislation and Public Policy 511 (2021-2022) As debates continue over whether the United States should consider, let alone how it might implement, a reparations plan for the descendants of enslaved people, the conversation often proceeds without recognizing that this country has already administered a similar program: The Indian Claims Commission (ICC). However, the fact that the ICC has... 2022
Angela R. Riley , Sarah Glenn Thompson MAPPING DUAL SOVEREIGNTY AND DOUBLE JEOPARDY IN INDIAN COUNTRY CRIMES 122 Columbia Law Review 1899 (November, 2022) The Double Jeopardy Clause guarantees no individual will be put in jeopardy twice for the same offense. But, pursuant to the dual-sovereignty doctrine, multiple prosecutions for offenses stemming from the same conduct do not violate the Clause if the offenses charged arise under the laws of separate sovereigns, even if the laws are otherwise... 2022
Robert J. Miller MCGIRT v. OKLAHOMA 58-AUG Arizona Attorney 18 (July/August, 2022) On the far end of the Trail of Tears was a promise. On July 9, 2020, the U.S. Supreme Court issued McGirt v. Oklahoma. In a 5-4 decision that landed like a bombshell, the Court held that the boundaries of the Muscogee (Creek) Nation (MCN) reservation remain intact, as defined in its 1866 treaty with the United States. Overnight, the MCN... 2022
Robert O. Saunooke MEASURABLE SUCCESS FOR THE NATIVE AMERICAN LEGAL COMMUNITY 61 Judges' Journal 12 (Summer, 2022) The ABA's website prominently features its mission and goals. As one of only a handful of Native Americans practicing law, I have been most interested in Goal III: Objectives: Promote full and equal participation in the association, our profession, and the justice system by all persons. Eliminate bias in the legal profession and the justice... 2022
Adam Goodrum MEETING THE MCGIRT MOMENT: THE FIVE TRIBES, SOVEREIGNTY & CRIMINAL JURISDICTION IN OKLAHOMA'S NEW INDIAN COUNTRY 46 American Indian Law Review 201 (2022) In the summer of 2020, the U.S. Supreme Court issued a decision that has been hailed as a significant victory for supporters of tribal sovereignty. The Court held that a significant portion of the land in Oklahoma is an Indian reservation. In a letter to Oklahoma's congressional delegation, a coalition of Native organizations asserted that [t]he... 2022
Cosmas Emeziem MISERABLE COMFORTS OR CONCRETE PROTECTIONS: HUMAN RIGHTS CONVENTIONS, TREATIES, DECLARATIONS, AND THE RIGHTS OF INDIGENOUS/OTHERED COMMUNITIES--QUO VADIS? 21 Santa Clara Journal of International Law 47 (2022) It has become an annual ritual for the world--especially through the United Nations (UN)--to organize events and activities celebrating Indigenous Peoples. Further to this disposition, the UN has adopted a Declaration on the Rights of Indigenous Peoples. Equally, it is now fashionable, to include the needs, and questions, affecting indigenous... 2022
Melanie McGruder MISSING AND MURDERED: FINDING A SOLUTION TO ADDRESS THE EPIDEMIC OF MISSING AND MURDERED INDIGENOUS WOMEN IN CANADA AND CLASSIFYING IT AS A "CANADIAN GENOCIDE" 46 American Indian Law Review 115 (2022) Native communities across the world are facing a human rights crisis. In Canada, alarming numbers of indigenous women and girls are being murdered or have been missing for a substantial amount of time, with no justice being served. Currently, indigenous women in Canada make up 16% of homicide victims and 11% of missing women, even though they only... 2022
Caelyn Radziunas MISSING THE MARK: A CRITICAL ANALYSIS OF THE RIGHTS OF NATURE AS A LEGAL FRAMEWORK FOR PROTECTING INDIGENOUS INTERESTS 35 Tulane Environmental Law Journal 115 (Summer, 2022) I. Introduction. 115 II. Introduction to Indigenous Rights and Rights of Nature. 117 A. The Evolution of Indigenous Rights. 117 B. Sierra Club v. Morton. 120 C. Rights of Nature in the United States. 121 III. Case Studies: Ecuador, Bolivia, New Zealand, and India. 123 A. Ecuador. 123 B. Bolivia. 126 C. New Zealand. 128 D. India. 130 IV. Discussion.... 2022
Marc H. Rubinstein, Esq. NEVADA GAMING LAW HISTORY IN THE MAKING 30-MAY Nevada Lawyer 12 (May, 2022) One of the important recent developments in regulated gaming in Nevada, and concomitantly, Nevada gaming law, is the entrance into the Las Vegas market of Native American tribes with no historical connection to this state as casino owners or operators. Beginning in 2009 with the U.S. Supreme Court's decision in California v. Cabazon Band of Mission... 2022
Lisa M. Kpor NONPROFIT LAW FIRM NURTURES PIPELINE OF INDIAN LAW ATTORNEYS 69-APR Federal Lawyer Law. 8 (March/April, 2022) The call to increase diversity, equity, and inclusion throughout the legal industry rings loud and strong. Dozens of organizations and law firms have answered the call by spearheading pipeline programs aimed at preparing the next generation of diverse lawyers for successful careers in the legal profession. One law firm has used this model to create... 2022
Shanna C. Knight OREGON'S NEW INDIAN CHILD WELFARE ACT: HIGHLIGHTS FOR IDAHO PRACTITIONERS 65-FEB Advocate 22 (February, 2022) As an Idaho practitioner, unless you represent a tribe, you might be wondering why you should care about Oregon's new Indian Child Welfare Act (ORICWA). After all, Idaho practitioners are already required to follow the federal Indian Child Welfare Act (ICWA). If so, I would answer first that Oregon's new law demonstrates best practices that... 2022
Annie R. Matthews PABLO v. AK-CHIN INDIAN COMMUNITY: A PATH FOR TRIBAL COURTS TO PROTECT INDIGENOUS SOVEREIGNTY AND SAME-SEX MARRIAGE 31 Tulane Journal of Law & Sexuality 179 (2022) I. Overview. 179 II. Background. 182 III. Court's Decision. 185 IV. Analysis. 192 2022
Matthew L.M. Fletcher PANDEMICS IN INDIAN COUNTRY: THE MAKING OF THE TRIBAL STATE 18 University of Saint Thomas Law Journal 295 (Spring, 2022) In late 1881, the Odawa people of Peshawbestown, Michigan, the capital of the Grand Traverse Band of Ottawa and Chippewa Indians, suffered through a vicious smallpox outbreak. Dozens of people became sick, and at least thirty Odawa people died out of a population of about three hundred. Once state health officials learned of the outbreak, they... 2022
Matthew L.M. Fletcher , Randall F. Khalil PREEMPTION, COMMANDEERING, AND THE INDIAN CHILD WELFARE ACT 2022 Wisconsin Law Review 1199 (2022) This year (2022), the Supreme Court agreed to review wide-ranging constitutional challenges to the Indian Child Welfare Act (ICWA) brought by the State of Texas and three non-Indian foster families in the October 2022 Term. The Fifth Circuit, sitting en banc, held that certain provisions of ICWA violated the anti-commandeering principle implied in... 2022
Samantha Hepburn PRIVATE CLIMATE GOVERNANCE IN AUSTRALIA: INDIGENOUS LAND USE AGREEMENTS AND THE MAJORITY DEFAULT RULE 39 Wisconsin International Law Journal 431 L.J. (Spring, 2022) The right to control and determine decision-making mechanisms is central to all legal systems including traditional legal systems .. This article examines the majority default rule as a consent mechanism for area Indigenous land use agreements (ILUAs) in Australia. The area ILUA is a well-established long-term land use transaction entered into... 2022
Reid Peyton Chambers PROTECTION AND IMPLEMENTATION OF INDIAN RESERVED WATER RIGHTS AS A NECESSARY CONDITION FOR TRIBAL ECONOMIC DEVELOPMENT 2022 Wisconsin Law Review 383 (2022) Introduction. 383 I. Legal Framework of Federally Reserved Indian Water Rights. 385 A. Winters Case. 385 B. Repeated Failures of the United States to Implement Winters for the First Five Decades After the Decision. 386 C. Arizona v. California. 389 II. Adjudications Involving Indian Water Rights Subsequent to Arizona v. California. 391 A. Wyoming... 2022
The Honorable William A. Fletcher, U.S. Court of Appeals for the Ninth Circuit PROTECTION FOR INDIAN SACRED SITES 97 Washington Law Review 703 (October, 2022) 34TH ANNUAL INDIAN LAW SYMPOSIUM RESTATEMENT OF THE LAW OF AMERICAN INDIANS APRIL 21, 2022 I would like to speak today about protection for Indian sacred sites. I am both honored and humbled to have been asked to address this group. Many of you know more about the topic than I do. I have nowhere near the depth of knowledge of scholars such as... 2022
Nicholas Shrubsole, Associate Lecturer, University of Central Florida RAISING INDIGENOUS RELIGIOUS FREEDOM TO A HIGHER STANDARD: MICHAEL MCNALLY'S DEFEND THE SACRED AND THE CANADIAN LEGAL AND LEGISLATIVE LANDSCAPES, DEFEND THE SACRED: NATIVE AMERICAN RELIGIOUS FREEDOM BEYOND THE FIRST AMENDMENT BY MICHAEL D. MCNALLY. PRINCE 37 Journal of Law and Religion 182 (January, 2022) Keywords: Canada; collective rights; cultural rights; Indigenous rights; religious freedom; United Nations Declaration on the Rights of Indigenous Peoples What is clear from Michael McNally's Defend the Sacred: Native American Religious Freedom beyond the First Amendment, and my own, What Has No Place, Remains: The Challenges for Indigenous... 2022
Tiffany Hale, Assistant Professor of Religion, Barnard College, Columbia University REFLECTIONS ON THE POWER OF RELENTLESS CREATIVITY, 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 37 Journal of Law and Religion 196 (January, 2022) Keywords: Native American law; Indigenous religious traditions As I write this, I am thinking of my friend Myron Dewey, a filmmaker, a fearless activist, a firefighter, and a water protector. Myron was Newe-Numah and Paiute-Shoshone. His life's work helped to bridge the gap between Native peoples and the wider world. He passed away at the end of... 2022
Professor Matthew L.M. Fletcher, Reporter for the Restatement REFLECTIONS ON THE RESTATEMENT OF THE LAW OF AMERICAN INDIANS 97 Washington Law Review 699 (October, 2022) 34TH ANNUAL INDIAN LAW SYMPOSIUM RESTATEMENT OF THE LAW OF AMERICAN INDIANS APRIL 21, 2022 I've been asked to talk about and give some reflections about the Restatement project. And I'm going to start by telling a story about my family. I'm a descendant of a man named Leopold Pokagon. He is the namesake for which the Pokagon Band of Potawatomi... 2022
Ben Mayer, Endre Szalay, Elizabeth Crouse, Bart Freedman RENEWABLE ENERGY ON TRIBAL LANDS: NATIVE AMERICAN TRIBES ARE WELL POSITIONED TO PLAY A KEY ROLE IN THE CLEAN ENERGY TRANSITION 69-APR Federal Lawyer 42 (March/April, 2 022) Demand for renewable energy projects is at an all-time high and trending up. As part of this acceleration, there has been a push for renewable energy projects with positive social impacts and benefits for traditionally marginalized communities. Indeed, some of the most significant consumers and supporters of renewable and carbon-free power have... 2022
Rennard Strickland REPRINT: AMERICAN INDIAN LAW AND THE SPIRIT WORLD 46 American Indian Law Review 248 (2022) As this special dedication issue dives into the testimonials in honor of Professor Strickland, the incoming Board has decided to include a work by Professor Strickland, to share his passion with you, the reader, in his own words. This article, written by Professor Rennard Strickland, was first published in the American Indian Law Review's (AILR)... 2022
C. Steven Hager REPRINT: THE RULE OF LAW: MCGIRT v. OKLAHOMA AND THE RECOGNITION OF THE MUSCOGEE (CREEK) RESERVATION 46 American Indian Law Review 308 (2022) As this special dedication issue dives into the testimonials in honor of Professor Hager, the incoming Board has decided to include a work by Professor Hager, to share his passion with you, the reader, in his own words. This article, written by Professor C. Steven Hager, was one of the last works Professor Hager published with Oklahoma Indian Legal... 2022
Whitney Saunders RESISTING INDIGENOUS ERASURE IN RHODE ISLAND: THE NEED FOR COMPULSORY NATIVE AMERICAN HISTORY IN RHODE ISLAND SCHOOLS 27 Roger Williams University Law Review 379 (Spring, 2022) Before we begin, I want to take a moment to reflect on the lands on which we reside. We are coming from many places, physically and remotely, and we want to acknowledge the ancestral homelands and traditional territories of Indigenous and Native peoples who have been here since time immemorial and to recognize that we must continue to build our... 2022
Bill Piatt RESPECTING THE IDENTITY AND DIGNITY OF ALL INDIGENOUS AMERICANS 6 Howard Human & Civil Rights Law Review 83 (2021-2022) The United States government attempted to eliminate Native Americans through outright physical extermination and later by the eradication of Indian identity through a boarding school system and other paper genocide mechanisms. One of those mechanisms is the recognition of some Natives but not the majority, including those who ancestors were... 2022
Sam J. Carter , Robin M. Rotman RESURFACING SOVEREIGNTY: WHO REGULATES SURFACE MINING IN INDIAN COUNTRY AFTER MCGIRT? 83 Montana Law Review 265 (Summer, 2022) With that one ruling, what we thought that's happened over the last 114 years since statehood was that we were able to regulate industry, we were able to tax, we were able to prosecute crimes. And that's all kind of thrown up into question. This is the concern that Governor Kevin Stitt voiced to the press following the decision in McGirt v.... 2022
Julie Cavanaugh-Bill, Esq. , STATE BAR OF NEVADA, PRESIDENT-ELECT RURAL NEVADA AND THE ONGOING LEGAL LEGACY OF THE WESTERN SHOSHONE STRUGGLE 30-DEC Nevada Lawyer Law. 8 (December, 2022) Rural Nevada spans millions of acres of Native American homelands of the Washoe, Paiute, and Western Shoshone. Native creation stories stem from this land and flow like a river from south to north and down again. For traditional Western Shoshone, they call the land Newe Sogobia, which, in Shoshone language means, Peoples' Earth Mother. They... 2022
Pippa Browde SACRIFICING SOVEREIGNTY: HOW TRIBAL-STATE TAX COMPACTS IMPACT ECONOMIC DEVELOPMENT IN INDIAN COUNTRY 74 Hastings Law Journal L.J. 1 (December, 2022) Economic development is a critical component of tribal sovereignty. When a state asserts taxing authority within Indian Country, there is potential for overlapping, or juridical, taxation over the same transaction. Actual or even potential juridical taxation threatens economic development opportunities for tribes. For many years, tribes and states... 2022
Pippa Browde SACRIFICING SOVEREIGNTY: HOW TRIBAL-STATE TAX COMPACTS IMPACT ECONOMIC DEVELOPMENT IN INDIAN COUNTRY 74 Hastings Law Journal 1 (December, 2022) Economic development is a critical component of tribal sovereignty. When a state asserts taxing authority within Indian Country, there is potential for overlapping, or juridical, taxation over the same transaction. Actual or even potential juridical taxation threatens economic development opportunities for tribes. For many years, tribes and states... 2022
Charles McCrary, Postdoctoral Research Scholar, Arizona State University SECULARISM AND THE FREEDOM TO (SELF-)REGULATE: A RESPONSE TO 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. 37 Journal of Law and Religion 191 (January, 2022) Keywords: secularism; religious freedom; Native American religions; bureaucracy; policing I am grateful for the opportunity to read and discuss this provocative and deeply learned new book. With Defend the Sacred, Michael McNally has produced an immensely valuable work that combines meticulous explanations with strong, creative, and, above all,... 2022
Olivia Meadows SELF-DETERMINED HEALTH: REEVALUATING CURRENT SYSTEMS AND FUNDING FOR NATIVE AMERICAN HEALTH CARE 48 American Journal of Law & Medicine 91 (2022) For years, the federal government has failed to uphold its promises to provide health care to Native Americans. These promises are echoed in treaties, the Constitution, and judicially-created law. As a result of this breach of promise and chronically underfunding, there are significant health disparities between indigenous populations and other... 2022
Scott Franks SOME REFLECTIONS OF A MÉTIS LAW STUDENT AND ASSISTANT PROFESSOR ON INDIGENOUS LEGAL EDUCATION IN CANADA 48 Mitchell Hamline Law Review 744 (May, 2022) This Article is a reflection on some of my experiences as a Métis law student and assistant professor on the subject of Indigenous legal education in Canada. I introduce myself and what brought me to law school and describe some of my experiences as a law student, as a co-president of an Indigenous Students Association, and as a student organizer... 2022
Angelique EagleWoman, Wambdi A. Was'teWinyan, Dominic J. Terry, Lani Petrulo., Dr. Gavin Clarkson, Angela Levasseur, Leah R. Sixkiller, Jack Rice STORYTELLING AND TRUTH-TELLING: PERSONAL REFLECTIONS ON THE NATIVE AMERICAN EXPERIENCE IN LAW SCHOOLS 48 Mitchell Hamline Law Review 704 (May, 2022) I. Introduction. 705 II. Becoming a Native Lawyer. 710 A. Ya'at'eeh!. 710 B. Don't Be A Victim of Your Environment. 710 C. Work Hard, and Never Give Up. 711 D. The Scenic Route. 711 E. So Close, Yet So Far. 712 F. The Bar Exam Does Not Define You!. 713 G. Ya'at'eeh, My Name is Dominic Terry. 713 III. Barred: A Personal Reflection on the Native... 2022
Elizabeth Hidalgo SUPPORTING NATIVE AMERICAN COMMUNITIES DURING THE CORONAVIRUS PANDEMIC: CHECKPOINTS, TRIBAL SOVEREIGNTY, AND THE IMPLICATIONS OF MCGIRT v. OKLAHOMA 21 Houston Journal of Health Law & Policy 449 (2022) Introduction. 451 I. Overview of the COVID-19 Pandemic in South Dakota. 455 A. Cheyenne River Sioux Tribe's Pandemic Response. 457 1. Preparations. 457 2. Basis for Heightened Concern. 457 B. Checkpoint Implementation and Controversy. 458 II. Impact on Native American Communities. 462 A. Impact on the Cheyenne River Sioux Tribe. 462 B. Crisis in... 2022
Jordan Gross TAKING STOCK: OPEN QUESTIONS AND UNFINISHED BUSINESS UNDER THE VAWA AMENDMENTS TO THE INDIAN CIVIL RIGHTS ACT 73 Hastings Law Journal 475 (February, 2022) The primary statutory tool for federal regulation of Tribal court criminal procedure is the Indian Civil Rights Act of 1968 (ICRA). ICRA replicated most of the procedural protections in the Bill of Rights applicable to the States, as then interpreted by the Supreme Court. ICRA also sets out procedures Tribes must extend to criminal defendants in... 2022
Alex Tallchief Skibine TEXTUALISM AND THE INDIAN CANONS OF STATUTORY CONSTRUCTION 55 University of Michigan Journal of Law Reform 267 (Winter, 2022) When interpreting statutes enacted for the benefit or regulation of Indians or construing treaties signed with Indian nations, courts are supposed to apply any of five specific canons of construction relating to Indian Affairs. Through examining the modern line of Supreme Court cases involving statutory or treaty interpretation relating to Indian... 2022
Kate R. Finn , Christina A.W. Stanton THE (UN)JUST USE OF TRANSITION MINERALS: HOW EFFORTS TO ACHIEVE A LOW-CARBON ECONOMY CONTINUE TO VIOLATE INDIGENOUS RIGHTS 33 Colorado Environmental Law Journal 341 (Spring, 2022) C1-2Table of Contents Introduction. 342 I. The Intersection of Indigenous Rights and Extractive Industries. 346 A. Past Patterns. 347 B. Present Economic Drivers. 353 II. Global Standards to Shape the Supply Chain. 356 III. Russian Indigenous Peoples and Nornickel--A Developing Case Study. 360 IV. Next Steps to a Green Future. 364 A. Strengthening... 2022
Angela R. Riley THE ASCENSION OF INDIGENOUS CULTURAL PROPERTY LAW 121 Michigan Law Review 75 (October, 2022) Indigenous Peoples across the world are calling on nation-states to decolonize laws, structures, and institutions that negatively impact them. Though the claims are broad based, there is a growing global emphasis on issues pertaining to Indigenous Peoples' cultural property and the harms of cultural appropriation, with calls for redress... 2022
Robert O. Saunooke THE BATTLE TO ENFRANCHISE INDIGENOUS VOTERS 48 Human Rights 18 (2022) There is no question that the right to vote is considered a fundamental part of the American governmental system. Participation in choosing a voice to represent you in the legislative and governmental arena was inextricably bound to the foundations and creation of what would become the U.S. experiment of democracy. However, from the very beginning... 2022
Laura Berglan, Blaine Miller-McFeeley, Andrea Folds , Earthjustice THE CLEAN ENERGY DILEMMA: HOW THE PUSH FOR CLEAN ENERGY COULD THREATEN INDIGENOUS COMMUNITIES AND AN EXPLORATION OF POTENTIAL ALTERNATIVES 33 Colorado Environmental Law Journal 285 (Spring, 2022) C1-2Table of Contents Introduction. 286 I. The White House's Clean Energy Goals Include Expansion of Domestic Mineral Production. 288 II. Clean Energy Projects Are Already Threatening Indigenous Communities. 290 A. Big Sandy Lithium Project. 291 B. Resolution Copper Project. 291 C. Rosemont Copper Project. 292 D. Thacker Pass. 293 III. Mitigating... 2022
Tamar Prince THE CONSTITUTIONALITY OF VAWA 2022'S SPECIAL TRIBAL CRIMINAL JURISDICTION AND THE NATIVE ORIGINS OF RESTORATIVE JUSTICE IN COMBATTING GENDER-BASED VIOLENCE 75 Rutgers University Law Review 295 (Fall, 2022) C1-2Table of Contents Introduction. 296 I. Overview of Tribal Jurisdiction Jurisprudence. 301 A. An Examination of Oliphant v. Suquamish Tribe and Its Progeny. 301 B. Jurisdiction over Non-Member Natives: Duro v. Reina and United States v. Lara. 303 C. Jurisdiction over Non-Native-on-Non-Native Crime: United States v. McBratney and Its Relevance to... 2022
Aachman Shekhar , Aniket Chauhaan THE DEATH OF LENIENCY? AN ANALYSIS OF THE IMPACT OF BLOCKCHAIN ON THE INDIAN LENIENCY PROGRAM 2022 University of Illinois Journal of Law, Technology and Policy 399 (Fall, 2022) This Essay analyzes the impact blockchain will likely have on the Indian Leniency Program, and its underlying economic principles. It begins by providing a primer on how leniency programs operate worldwide and the reasons for their success. The economic principles behind the enforcement of leniency programs are enumerated and explained. It then... 2022
Parth Deshmukh THE DE-OPERATIONALIZATION OF ARTICLE 370 OF THE INDIAN CONSTITUTION 31 Minnesota Journal of International Law 259 (Spring, 2022) The state of Jammu & Kashmir (J&K) has a unique place in the political history of India. The Indo-J&K relationship, and more specifically the Union Government's handling of J&K, has always been widely reported, discussed, and scrutinized from within and outside of the Indian Subcontinent. The state had been granted limited autonomy under Article... 2022
Connor Marcum THE ENDS AND THE MEANS: INDIGENOUS SOVEREIGNTY, CLIMATE-RELATED LEGAL ACTIONS, AND FRAMEWORKS OF JUSTICE 29 Indiana Journal of Global Legal Studies 261 (Winter, 2022) Philosophy professor Timothy Morton uses climate change as his foremost example of what he calls a hyperobject: an object that occupies both more physical space and more time than humans can usefully comprehend. For example, one can understand local meteorological occurrences in isolation without necessarily understanding that a given storm was... 2022
Kylah Staley THE EXTRACTION INDUSTRY IN LATIN AMERICA AND THE PROTECTION OF INDIGENOUS LAND AND NATURAL RESOURCE RIGHTS: FROM CONSULTATION TOWARD FREE, PRIOR, AND INFORMED CONSENT 73 Hastings Law Journal 1145 (May, 2022) Resource extraction and exploitation threaten the survival of Indigenous and tribal peoples, who are amongst the most marginalized communities in the world. This is both a human rights issue and an environmental issue. There are around 300 million people that make up Indigenous communities worldwide, the majority of whom live in forests.... 2022
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