| Author | Title | Citation | Summary | Year |
| Jaya Reddy |
INDIAN SURROGACY: ENDING CHEAP LABOR |
18 Santa Clara Journal of International Law 92 (12-Jan-2020) |
C1-3Table of Contents I. Introduction on. 94 II. Background. 94 A. 2002: Legalization of Commercial Surrogacy Caused Exploitation but Allowed Impoverished Women to Escape Poverty. 94 B. 2005: Indian Council for Medical Research Issued Extremely Narrow Guidelines Regulating ART. 98 C. Child Abandonment and Citizenship Issues Came to Forefront... |
2020 |
| Dylan R. Hedden-Nicely , Lucius K. Caldwell |
INDIGENOUS RIGHTS AND CLIMATE CHANGE: THE INFLUENCE OF CLIMATE CHANGE ON THE QUANTIFICATION OF RESERVED INSTREAM WATER RIGHTS FOR AMERICAN INDIAN TRIBES |
2020 Utah Law Review 755 (2020) |
All models are wrong but some are useful. The people indigenous to the Western portion of the lands now referred to as North America have relied on aquatic species for physical, cultural, and spiritual sustenance for millenia. Such indigenous peoples, referred to in the American legal system as Indian tribes, are entitled to water rights for fish... |
2020 |
| Richard Acello |
JUGGLING ACT |
105-WTR ABA Journal 22 (Winter, 2019-2020) |
To borrow an analogy from Chief Justice John G. Roberts Jr., if lawyers are baseball players and judges are umpires, then Greg Smith not only calls balls and strikes, he also throws them and tries to hit them. Smith is a family lawyer in Tennessee. When he's not practicing law, he's interpreting it--serving as a judge at three different levels of... |
2020 |
| Emily Mendoza |
JURISDICTIONAL TRANSPARENCY AND NATIVE AMERICAN WOMEN |
11 California Law Review Online 141 (May, 2020) |
While lawmakers have long known that Native American women experience gender-based violence at higher rates than any other population, lawmakers historically have addressed these harms by implementing jurisdictional changes: removing tribal jurisdiction entirely, limiting tribal jurisdiction, or returning jurisdiction to tribes in a piecemeal... |
2020 |
| Charles Abourezk |
JUSTICE MUST EXTEND TO NATIVE AMERICANS |
31 Experience 8 (October/November, 2020) |
Frequently forgotten Native Americans should be included in discussions about justice today. In America, Native Americans often go unnoticed in the national quiltwork of race and ethnicity. Historically, being forgotten has sometimes worked to their advantage. But more often, it has been a disadvantage, especially when funding, infrastructure, and... |
2020 |
| Zak Leonard |
LAW OF NATIONS THEORY AND THE NATIVE SOVEREIGNTY DEBATES IN COLONIAL INDIA |
38 Law and History Review 373 (May, 2020) |
Perhaps few topics are more invidious in colonial legal history than the definition of paramountcy in British India. Alternatively cast as a feudal compact with subordinate native princely states, a noninterventionist policy supportive of semi-sovereignty, and a doctrine invented to justify colonial earth hunger, the concept elicited... |
2020 |
| Lily Grisafi |
LIVING IN THE BLAST ZONE: SEXUAL VIOLENCE PIPED ONTO NATIVE LAND BY EXTRACTIVE INDUSTRIES |
53 Columbia Journal of Law and Social Problems 509 (Summer, 2020) |
Native American women around the country, and particularly those living near extractive industries, face an epidemic of sexual violence. The high rates of violence against Native women are due in large part to the lack of liability for those most responsible. Flaws in United States and tribal criminal justice systems create de facto jurisdictional... |
2020 |
| Ajay Bhaskarabhatla |
MAXIMUM RESALE PRICE MAINTENANCE AND RETAILER CARTEL PROFITS: EVIDENCE FROM THE INDIAN PHARMACEUTICAL INDUSTRY |
83 Antitrust Law Journal 41 (2020) |
Resale price maintenance (RPM), a vertical agreement between a manufacturer and a retailer that specifies a fixed minimum or maximum resale price, can be procompetitive. Minimum RPM can help a manufacturer maintain retail service quality and enhance brand reputation. Maximum RPM can limit retailer market power and improve the efficiency of... |
2020 |
| Matthew A. King |
MURPHY v. NCAA AND LEGALIZATION OF SPORTS BETTING IN STATES AND INDIAN COUNTRY |
59 Judges' Journal 16 (Spring, 2020) |
In 2018, the U.S. Supreme Court in Murphy v. NCAA struck down the Professional and Amateur Sports Protection Act (PASPA) of 1992 on states' rights grounds. For nearly three decades, the federal law prevented all but four states and the vast majority of Tribes from legalizing wagering on collegiate and professional sports competitions. Tribes and... |
2020 |
| Amanda Robert, Lee Rawles |
NATIVE RIGHTS |
106-MAY ABA Journal 62 (April/May, 2020) |
Ahead of this year's presidential election, the ABA House of Delegates overwhelmingly passed a pair of resolutions that aim to increase voter participation and minimize voter suppression. Resolution 112, submitted for the ABA Midyear Meeting by the Section of Civil Rights and Social Justice, urges jurisdictions to remove barriers for Native... |
2020 |
| Amy J. Cohen |
NEGOTIATING THE VALUE CHAIN: A STUDY OF SURPLUS AND DISTRIBUTION IN INDIAN MARKETS FOR FOOD |
45 Law and Social Inquiry 460 (May, 2020) |
To enhance the welfare of smallholder farmers, development agencies increasingly promote value chain agriculture where farmers partner with more powerful entities, such as corporations and nongovernmental organizations (NGOs), to create new sources of economic value. Via a qualitative study of how small farmers negotiate with the buyers of retail... |
2020 |
| Matthew L.M. Fletcher |
POLITICS, INDIAN LAW, AND THE CONSTITUTION |
108 California Law Review 495 (April, 2020) |
The question of whether Congress may create legal classifications based on Indian status under the Fifth Amendment's Due Process Clause is reaching a critical point. Critics claim the Constitution allows no room to create race-or ancestry-based legal classifications. The critics are wrong. When it comes to Indian affairs, the Constitution is not... |
2020 |
| Johnathan R. Baldauf |
PROTECTING NATIVE AMERICAN CULTURE, CHILDREN, AND YOUR PRACTICE |
63-JUL Advocate 26 (June/July, 2020) |
The Indian Child Welfare Act (ICWA) is a federal law enacted in 1978 that sets standards designed to protect[ . ] the best interests of Indian children and to promote the stability of Indian tribes and families. The ICWA generally applies to Indian children who may be removed from the custody of their parents. The law protects children who are... |
2020 |
| Christopher Barbera |
PROTECTING NATIVE HUMAN RIGHTS DURING NATURAL DISASTERS THROUGH FREE, PRIOR, AND INFORMED CONSENT: A CASE STUDY ON ARGUING FPIC AS A TOOL FOR HUMAN RIGHTS |
48 Denver Journal of International Law and Policy 107 (Summer, 2020) |
It is an established principle of disaster preparedness that the involvement of local communities in disaster risk reduction and emergency planning processes greatly increases that community's resilience in the face of natural disasters. Communities often have unique hazards, strengths, internal dynamics and politics, response capabilities, and... |
2020 |
| Samuel D. Gilleran |
PURCELL v. GONZALEZ, PRINCIPLE AND PROBLEM--NATIVE AMERICAN VOTING RIGHTS IN THE 2018 NORTH DAKOTA ELECTIONS |
55 Wake Forest Law Review 445 (2020) |
Election-related litigation causes much angst in today's highly partisan environment. This is especially true when the litigation is not resolved before an election occurs. When election-related litigation is still pending in the days close to an election, the courts must decide, often in the context of an application for a stay, under which set of... |
2020 |
| Scott W. Stern |
REBUILDING TRUST: CLIMATE CHANGE, INDIAN COMMUNITIES, AND A RIGHT TO RESETTLEMENT |
47 Ecology Law Quarterly 179 (2020) |
According to most estimates, more than one hundred million people will be permanently displaced by climate change by 2050. Among the people most at risk of displacement are American Indians. If the government does nothing, or simply does not do enough, hundreds of Indian communities across the United States will be destroyed, the members of these... |
2020 |
| Mariam Hashmi |
RECENT CHALLENGES TO THE INDIAN CHILD WELFARE ACT SUGGEST IT IS TIME FOR THE UNITED STATES SUPREME COURT TO ACT: INDIAN SURVIVAL DEPENDS ON IT |
21 Rutgers Race & the Law Review 149 (2020) |
Congress enacted the Indian Child Welfare Act of 1978 (ICWA) in response to the removal of Indian children from their homes, and to protect the best interests of Indian tribes and families. The United States Supreme Court has been reluctant to hear challenges to the ICWA but with the increase in challenges in the lower courts, and a major setback... |
2020 |
| Robert Alan Hershey |
REPATRIATION OF SACRED NATIVE AMERICAN CULTURAL BELONGINGS FROM HISTORICAL RACISM |
56-AUG Arizona Attorney 40 (July/August, 2020) |
The Hopi Tribe and other Puebloan societies continue to fight French auction-houses that promote sales of sacred belongings that these Native Nations assert are critical to their customary heritages. Tribes elsewhere have been alertedDD to other potential national and international auctions that could foster disappearances of their own cultural... |
2020 |
| Robert O. Saunooke |
RUNNING FOR MISSING AND MURDERED NATIVE WOMEN |
59 Judges' Journal 22 (Spring, 2020) |
Currently there are over 4,000 murdered and missing indigenous women in the United States and Canada that no one is looking for or trying to find. Two indigenous women, Rosalie Fish and Jordan Marie Daniel, are running--physically running--for their people to draw attention to a tragedy that has, for the most part, been overlooked and ignored.... |
2020 |
| Marc L. Roark |
SCALING COMMERCIAL LAW IN INDIAN COUNTRY |
8 Texas A&M Law Review 89 (Fall, 2020) |
How do you drive economic enterprise in a financial desert? Indian tribes, academics, economists, and policy makers have considered the means and methods for energizing economic growth for forty years. Efforts such as the creation and promotion of the Model Tribal Secured Transactions Act (MT-STA) promise much toward creating conditions that... |
2020 |
| G. William “Bill” Rice , Robert N. Clinton |
SECTION 5, INDIAN TRUST LAND ACQUISITIONS, AND SECRETARIAL AUTHORITY |
52 Arizona State Law Journal 564 (Summer, 2020) |
At least since the Termination Era of the 1950s, the federal Bureau of Indian Affairs (BIA) has drawn a distinction for purposes of taking tribal land into federal trust status between so-called mandatory acquisitions and claimed discretionary takings. Some statutes, usually tribally specific statutes contained in settlement legislation, such as... |
2020 |
| Adam Crepelle |
TAXES, THEFT, AND INDIAN TRIBES: SEEKING AN EQUITABLE SOLUTION TO STATE TAXATION OF INDIAN COUNTRY COMMERCE |
122 West Virginia Law Review 999 (Spring, 2020) |
I. Introduction. 999 II. Tribal Sovereignty and Taxes. 1001 III. Quil Ceda Village--A New Level of Injustice. 1009 A. History of QCV. 1009 B. The Tax Showdown at QCV. 1011 IV. Problem with State Taxation of Indian Country. 1014 V. Solutions. 1021 A. State Power Stops at the Reservation's Edge. 1021 B. Tax 'Em Back. 1028 VI. Conclusion. 1032 |
2020 |
| Amanda Robert |
TELLING UNTOLD STORIES |
106-SEP ABA Journal 60 (August/September, 2020) |
Lauren van Schilfgaarde and Heather Torres introduced the ABA to the missing and murdered indigenous women crisis in February by first sharing the stories of those who suffered. One involved Savanna LaFontaine-Greywind, a 22-year-old Spirit Lake tribal member who was eight months pregnant when she disappeared from her Fargo, North Dakota, apartment... |
2020 |
| Arjya B. Majumdar |
THE (UN?)ENFORCEABILITY OF INVESTOR RIGHTS IN INDIAN PRIVATE EQUITY |
41 University of Pennsylvania Journal of International Law 981 (Summer, 2020) |
While Private Equity (PE) funding is a preferred vehicle for corporate growth in India, due to the ubiquitous role played by company promoters, extant laws, and a complex regulatory and compliance environment, PE funds prefer to take up a minority shareholding in Indian companies. As a result, PE funds invest in Indian companies in exchange for... |
2020 |
| Robert O. Saunooke |
THE CANARY IN THE COALMINE--THE TRAGIC HISTORY OF THE U.S. GOVERNMENT'S POLICIES TOWARD NATIVE PEOPLES |
59 Judges' Journal 1 (Spring, 2020) |
In 1939, Felix Cohen became chief of the Indian Law Survey, an effort by the federal government to compile the federal laws and treaties regarding the American Indians. The resulting book, published in 1941 as The Handbook of Federal Indian Law, became much more than a simple survey. The handbook was the first to show how hundreds of years of... |
2020 |
| Chief Judge Gregory D. Smith , Bailee L. Plemmons |
THE COURT OF INDIAN APPEALS: AMERICA'S FORGOTTEN FEDERAL APPELLATE COURT |
44 American Indian Law Review 211 (2020) |
C1-2Table of Contents I. Introduction. 212 II. A Short History Lesson on Tribal Courts. 214 III. The Court of Indian Offenses (What's in a Name?). 218 IV. Overview of the Court of Indian Appeals. 223 V. Comparison of the Court of Indian Appeals with Other American Federal Appellate Courts. 230 VI. Conclusion. 239 |
2020 |
| Michael Doran |
THE EQUAL-PROTECTION CHALLENGE TO FEDERAL INDIAN LAW |
6 University of Pennsylvania Journal of Law & Public Affairs 1 (November, 2020) |
This article addresses a significant challenge to federal Indian law currently emerging in the federal courts. In 2013, the Supreme Court suggested that the Indian Child Welfare Act may be unconstitutional, and litigation on that question is now pending in the Fifth Circuit. The theory underlying the attack is that the statute distinguishes between... |
2020 |
| Catherine Awasthi , Ralph A. DeMeo |
THE FADING COLOR OF CORAL: ANTHROPOGENIC THREATS TO OUR NATIVE REEFS |
94-OCT Florida Bar Journal 38 (September/October, 2020) |
The authors of this article are native Floridians who grew up in South Florida and have witnessed personally the splendor and decline of Florida's living coral reefs over the years. At one time, the Florida Keys Reef Tract was bursting with color and teeming with marine life. As a result of human activities over the decades, this has changed... |
2020 |
| Dylan R. Hedden-Nicely |
THE HISTORICAL EVOLUTION OF THE METHODOLOGY FOR QUANTIFYING FEDERAL RESERVED INSTREAM WATER RIGHTS FOR AMERICAN INDIAN TRIBES |
50 Environmental Law 205 (Winter, 2020) |
From the earliest days of their relationship with the United States, the tribes from the region today referred to as the Northwestern United States have been steadfast in their effort to protect the land, waters, plants, and animals of their traditional homelands. That effort is not coincidental; North America's indigenous people have a singular... |
2020 |
| James Jaffe |
THE INDIAN PANCHAYAT, ACCESS TO KNOWLEDGE AND CRIMINAL PROSECUTIONS IN COLONIAL BOMBAY, 1827-61 |
38 Law and History Review 47 (February, 2020) |
Cultural expertise in contemporary European and American courts has been provided largely by Western-trained anthropologists covering issues as diverse as marriage and divorce, adoption and legitimacy, and murder and manslaughter. In historical perspective, however, the practice of employing experts as cultural mediators to interpret native... |
2020 |
| Brian T. Fitzpatrick, Randall S. Thomas |
THE INDIAN SECURITIES FRAUD CLASS ACTION: IS CLASS ARBITRATION THE ANSWER? |
40 Northwestern Journal of International Law and Business 203 (Winter, 2020) |
In 2013, India enacted one of the most robust private enforcement regimes for securities fraud violations in the world. Unlike in most other countries, Indian shareholders can now initiate securities fraud lawsuits on their own, represent all other defrauded shareholders unless those shareholders affirmatively opt out, and collect money damages for... |
2020 |
| Grant Christensen |
THE WRONGFUL DEATH OF AN INDIAN: A TRIBE'S RIGHT TO OBJECT TO THE DEATH PENALTY |
68 UCLA Law Review Discourse 404 (2020) |
This Essay responds to the execution of Lezmond Mitchell, the only American Indian on federal death row. The execution was carried out on August 26, 2020 over the objection of both members of the victims' family and the Navajo Nation. This Essay takes the clear position that because the Federal Death Penalty Act of 1994 requires tribal consent to... |
2020 |
| Akash Singh , Sonam Singh , Priya Rai |
TRENDS OF LAW JOURNAL PUBLISHING BY INDIAN LAW SCHOOLS |
48 International Journal of Legal Information 27 (Spring, 2020) |
This article focuses on the trends of law journals published by law schools in India. The article comprises a short overview of the free access to law movement around the world, and it is an attempt to showcase the growing open access to law movement in India. The article visualizes results of the responses received over the publications of legal... |
2020 |
| Adam Crepelle |
TRIBAL COURTS, THE VIOLENCE AGAINST WOMEN ACT, AND SUPPLEMENTAL JURISDICTION: EXPANDING TRIBAL COURT JURISDICTION TO IMPROVE PUBLIC SAFETY IN INDIAN COUNTRY |
81 Montana Law Review 59 (Winter, 2020) |
In Indian country, non-Indians are essentially above the law. Non-Indians cannot be prosecuted by Indian tribes; consequently, the United States Commission on Civil Rights has declared that Indians have become easy crime targets. In particular, Indian women have become prime victims for non-Indian sexual predators. Rape rates skyrocket when non-... |
2020 |
| Onalee R. Chappeau |
TRUSTING THE TRIBE: UNDERSTANDING THE TENSIONS OF THE INDIAN CHILD WELFARE ACT |
64 Saint Louis University Law Journal 241 (Winter, 2020) |
. Remember your birth, how your mother struggled to give you form and breath. You are evidence of her life, and her mother's, and hers. Remember your father. He is your life, also . Remember you are all people and all people are you. Remember you are this universe and this universe is you. Remember all is in motion, is growing, is you. Remember... |
2020 |
| |
UNITED STATES-MUSCOGEE (CREEK) NATION TREATY-- FEDERAL INDIAN LAW-- DISESTABLISHMENT OF INDIAN RESERVATIONS-- MCGIRT v. OKLAHOMA |
134 Harvard Law Review 600 (November, 2020) |
On the far end of the Trail of Tears [were] promise[s]. Much of federal Indian law jurisprudence is about whether promises to Indian tribes have been broken or kept. In the past, those promises were often broken by Congress or sometimes by judges on federal common law grounds. But last Term, in McGirt v. Oklahoma, the Supreme Court held that one... |
2020 |
| Todd B. Adams |
USING GAME THEORY TO BETTER UNDERSTAND THE ROLE OF THE U.S. SUPREME COURT IN THE CATASTROPHE THAT BEFELL AMERICAN INDIANS IN GEORGIA |
46 Ohio Northern University Law Review 331 (2020) |
How the 1823 case Johnson v. McIntosh affected the catastrophe befalling American Indians in the early Republic is a major, continuing issue in early American Indian law. Some scholars argue that the U.S. Supreme Court placed American Indian national title on a firm legal foundation that it had previously lacked, but others argue that that the... |
2020 |
| Robert J. Miller |
VIRGINIA'S FIRST SLAVES: INDIGENOUS PEOPLES |
10 Wake Forest Journal of Law and Policy 195 (March, 2020) |
[M]an has dominated man to his injury. [I]nvade, search out, capture, vanquish, and subdue all Saracens [Muslims] and pagans whatsoever, and other enemies of Christ . [and] reduce their persons to perpetual slavery . convert them to . use and profit. Pope Nicholas V, Jan. 8, 1455 An inhuman practice once prevailed in this country of making... |
2020 |
| Patty Ferguson-Bohnee , James Thomas Tucker |
VOTING DURING A PANDEMIC |
56-AUG Arizona Attorney 24 (July/August, 2020) |
Coming into 2020, it was apparent that this would be a momentous year. The summer Olympics would be held in Tokyo. The United States Census Bureau would conduct the decennial Census, which is used for reapportioning seats in the House of Representatives among the states, redistricting to meet equal population requirements, and producing data used... |
2020 |
| Emily Dennan , Emily McEvoy |
WINNER, BEST APPELLATE BRIEF IN THE 2020 NATIVE AMERICAN LAW STUDENT ASSOCIATION MOOT COURT COMPETITION |
44 American Indian Law Review 423(2020) |
1. Whether the EPA acted unlawfully and arbitrarily and capriciously in abandoning its earlier position recognizing congressional delegation of authority to Indian tribes to administer regulatory programs over their reservations, instead imposing on tribes the burden of demonstrating inherent authority over their reservations. 2. Whether the Tribe... |
2020 |
| Andrew J. Maier , Assistant United States Attorney, Eastern District of Wisconsin |
WISCONSIN NATIVE AMERICAN DRUG AND GANG INITIATIVE |
68 Department of Justice Journal of Federal Law and Practice 125 (November, 2020) |
Wisconsin has 11 federally recognized Native American tribes, with tribal communities and reservations spread throughout the state. Nine of the tribes have tribal police departments. These tribal police departments took on drug trafficking and violent gang activity despite low staffing, poor or absent training, and little to no coordination between... |
2020 |
| Bonnie St. Charles |
YOU'RE ON NATIVE LAND: THE GENOCIDE CONVENTION, CULTURAL GENOCIDE, AND PREVENTION OF INDIGENOUS LAND TAKINGS |
21 Chicago Journal of International Law 227 (Summer, 2020) |
Genocide is a sensitive topic. While the Genocide Convention is traditionally understood, especially in the popular imagination, to prohibit mass killings, its provisions prohibit a far broader array of conduct. While killings of Indigenous peoples have thus frequently been considered to fall within the bounds of the Genocide Convention, crimes... |
2020 |
| Sarah Deer |
(En)gendering Indian Law: Indigenous Feminist Legal Theory in the United States |
31 Yale Journal of Law & Feminism Feminism 1 (2019) |
American Federal Indian law is often mistakenly assumed to be a gender-neutral discipline. Although Native women suffer disproportionately from numerous maladies, Indian law practitioners rarely engage with questions of gender discrimination or intersectional oppression. Several Canadian scholars have begun to explicate indigenous... |
2019 |
| Zachary Browning |
A Comparative Analysis: Legal and Historical Analysis of Protecting Indigenous Cultural Rights Involving Land Disputes in Japan, New Zealand, and Hawai'i |
28 Washington International Law Journal 207 (January, 2019) |
This article explores how courts in developed market economies address the tension between recognizing the rights of indigenous groups and addressing questions of land development that supposedly benefit the majority populations. Using a comparative approach, the article identifies three jurisdictions in the Pacific Rim with indigenous... |
2019 |
| Ziyu Shi |
A Comparison of American Indigenous Tribes and Chinese Indigenous Tribes with Respect to Recognition and Legal Policy |
9 Arizona Journal of Environmental Law & Policy 112 (Spring, 2019) |
I. Introduction 112 II. Background 113 A. Indigenous Tribes in the United States 113 B. Chinese Indigenous Tribes 113 III. Legal Recognition 115 A. Doctrine of Discovery 115 1. A U.S. Case: Johnson v. M'Intosh 115 B. China: Ethnic Equality 116 1. A Chinese Case: Yuhua Liu (Hui) v. Ningxia Hui Autonomous Region Government 117 IV. Comparative... |
2019 |
| Preston Sanchez, Esq. , Rebecca Blum Martinez, PhD. |
A Watershed Moment in the Education of American Indians: a Judicial Strategy to Mandate the State of New Mexico to Meet the Unique Cultural and Linguistic Needs of American Indians in New Mexico Public Schools |
27 American University Journal of Gender, Social Policy and the Law 183 (2019) |
I. A Look at New Mexico: Politics, Demographics, Culture, and Student Outcomes. 185 A. Political Climate. 186 B. Demographics. 187 C. Unique Cultural and Linguistic Needs of New Mexico Students:. 189 D. Student Outcomes. 192 II. A Historical Overview of Systemic Discrimination and Forced Assimilation of American Indians. 195 A. The Current Impact... |
2019 |
| Preston Sanchez, Esq. , Rebecca Blum Martinez, PhD. |
A Watershed Moment in the Education of American Indians: a Judicial Strategy to Mandate the State of New Mexico to Meet the Unique Cultural and Linguistic Needs of American Indians in New Mexico Public Schools |
27 American University Journal of Gender, Social Policy and the Law 317 (2019) |
I. A Look at New Mexico: Politics, Demographics, Culture, and Student Outcomes. 319 A. Political Climate. 320 B. Demographics. 321 C. Unique Cultural and Linguistic Needs of New Mexico Students:. 323 D. Student Outcomes. 326 II. A Historical Overview of Systemic Discrimination and Forced Assimilation of American Indians. 329 A. The Current Impact... |
2019 |
| |
Administrative Law--agency Policy Change--montana District Court Holds State Department's National Interest Determination for Keystone Xl Pipeline Violated Apa by Disregarding Prior Factual Findings.--indigenous Environmental Network V. Department of Stat |
132 Harvard Law Review 2368 (June, 2019) |
With a new presidential administration comes a new wave of agency policy changes. Post-election agency reversals often attract legal challenges on a theory that the policy change was arbitrary [or] capricious under the Administrative Procedure Act (APA). Such rationality review litigation can put courts in a bind--charged with ensuring that... |
2019 |
| Bette Jacobs, Mehgan Gallagher, Nicole Heydt |
Aging in Harmony: Creating Culturally Appropriate Systems of Health Care for Aging American Indian/alaska Natives |
22 Journal of Gender, Race and Justice Just. 1 (Spring, 2019) |
Aging is inevitable--it happens to all of us--but it is not a homogeneous experience. Aging people are among the most vulnerable populations in the world, and thus deserve our care and compassion. This is particularly true of aging American Indian and Alaska Natives (AI/ANs), who face unique barriers to accessing health care due to geographic... |
2019 |
| Hannah Stambaugh |
America's Quiet Legacy of Native American Voter Disenfranchisement: Prospects for Change in North Dakota after Brakebill V. Jaeger |
69 American University Law Review 295 (October, 2019) |
In 2013, North Dakota passed one of the country's most restrictive voter ID laws. This law requires voters to present a photo ID containing a residential street address to vote and does not contain any fail-safe mechanisms to allow voting without a qualifying ID. The North Dakota law was part of a wave of new, restrictive voter ID laws passed... |
2019 |