| Author | Title | Citation | Summary | Year |
| Cassondra M. Church |
EXPOSED: HOW HIGH-PROFILE LITIGATION IMPACTS INDIAN CHILDREN'S PRIVACY |
69-APR Federal Lawyer 26 (March/April, 2022) |
I reminisced about the memories that were frozen within each photo on a lazy Sunday afternoon. Each photograph was neatly kept in a large leatherbound photo album, beginning with a blurry photo of an ultrasound and ending with a photo of my high school graduation. As I flipped through the weathered pages, I remember thinking how impressive it was... |
2022 |
| Kevin K. Washburn |
FACILITATING TRIBAL CO-MANAGEMENT OF FEDERAL PUBLIC LANDS |
2022 Wisconsin Law Review 263 (2022) |
Each year Native American tribal nations enter hundreds of federal contracts worth billions of dollars to run federal Indian programs. By substituting tribal governments for federal agencies, these self-determination contracts have been enormously successful in improving the effective delivery of federal programs on Indian reservations. Tribal... |
2022 |
| Sadie Hart |
FALLING THROUGH THE CRACKS: THE AMERICAN INDIAN FOSTER CARE TO SEXUAL EXPLOITATION PIPELINE AND THE NEED FOR EXPANDED AMERICAN INDIAN COMMUNITY SERVICES IN MINNESOTA |
15 DePaul Journal for Social Justice Just. 1 (Winter/Spring, 2021-2022) |
Following the discovery of hundreds of children's bodies at residential schools in Canada, United States Interior Secretary Deb Haaland called for an investigation into the federal government's oversight of American Indian boarding schools. This call highlights a growing awareness of the United States' legacy of violence against American Indians.... |
2022 |
| Joubin Khazaie |
FANON, COLONIAL VIOLENCE, AND RACIST LANGUAGE IN FEDERAL AMERICAN INDIAN LAW |
12 University of Miami Race & Social Justice Law Review 297 (Spring, 2022) |
This Comment will argue that the racist language enshrined in foundational Supreme Court decisions involving Native tribes continuously enacts a form of colonial violence that seeks to preserve a white racial dictatorship. The paper will use Frantz Fanon's scholarship on colonial violence and the dehumanization of Indigenous people as a framework... |
2022 |
| James Ennis Street |
FEDERAL RECOGNITION OF NATIVE AMERICAN TRIBES IN THE UNITED STATES AND THE INTERNATIONAL RIGHT TO SELF-DETERMINATION: WHY CONGRESS SHOULD EXERCISE ITS CONSTITUTIONAL AUTHORITY TO FEDERALLY RECOGNIZE THE LUMBEE TRIBE |
33 Duke Journal of Comparative & International Law 121 (Fall, 2022) |
Native American tribal nations covet state and federal tribal recognition. The Lumbee Tribe is one of those tribes. Though North Carolina has granted the Lumbee Tribe State recognition, the Lumbee Tribe's 134-year-long quest for Federal recognition has not been successful. Neither of the two types of Federal Recognition - Administrative and... |
2022 |
| Dale T. White |
FIVE RESTATEMENTS: CHARTING THE HISTORY OF THE LAW ON STATE TAXATION OF NON-TRIBAL MEMBERS IN INDIAN COUNTRY |
2022 Wisconsin Law Review 329 (2022) |
Introduction. 330 I. Restatement #1: 1832 (Worcester v. Georgia). 332 II. Restatement #2: 1942 (Cohen Handbook). 333 A. Chapter 6, Scope of State Powers over Indian Affairs. 333 1. The Cohen Matrix. 334 2. Caselaw in 1942 on What a Federal Concern Is. 335 B. State Sales Taxes. 336 III. Restatement #3: Cohen to Moe (1942-1976). 337 A. The 1958... |
2022 |
| J. Christopher Upton |
FROM THIN TO THICK JUSTICE AND BEYOND: ACCESS TO JUSTICE AND LEGAL PLURALISM IN INDIGENOUS TAIWAN |
47 Law and Social Inquiry 996 (August, 2022) |
In recent decades, the Taiwan judiciary has taken steps toward securing Indigenous people's access to the justice system. These measures reflect a vision of access to justice framed narrowly on national courts and legal actors through the provision of free legal counsel, courtroom interpreters, and special court units dedicated to Indigenous... |
2022 |
| Pippa Browde |
FROM ZERO-SUM TO ECONOMIC PARTNERS: REFRAMING STATE TAX POLICIES IN INDIAN COUNTRY IN THE POST-COVID ECONOMY |
52 New Mexico Law Review Rev. 1 (Winter, 2022) |
The disparate impact COVID-19 has had on Indian Country reveals problems centuries in the making from the legacy of colonialism. One of those problems is state encroachment in Indian Country, including attempts to assert taxing authority within Indian Country. The issue of the reaches of state taxing authority in Indian Country has resulted in law... |
2022 |
| Grant Christensen |
GETTING COOLEY RIGHT: THE INHERENT CRIMINAL POWERS OF TRIBAL LAW ENFORCEMENT |
56 U.C. Davis Law Review 467 (December, 2022) |
While the Supreme Court regularly decides cases defining the limits of the criminal jurisdiction of tribal courts, when it heard United States v. Cooley in 2021 it had not decided a case about the procedural powers of tribal law enforcement in more than a century. Across more than five decades lower courts at all levels struggled to decide whether... |
2022 |
| Adam Crepelle |
GETTING SMART ABOUT TRIBAL COMMERCIAL LAW: HOW SMART CONTRACTS CAN TRANSFORM TRIBAL ECONOMIES |
46 Delaware Journal of Corporate Law 469 (2022) |
C1-2Table of Contents I. Introduction. 469 II. Tribal Sovereignty and Economic Development. 474 III. Tribal Institutions, Uncertainty, and Economic Development. 484 IV. Smart Contracts. 493 V. Smart Contracts and Tribal Institutions. 501 A. Smart Contracts as Contracts. 502 B. Smart Contracts and Secured Transactions. 508 C. Bureaucratic... |
2022 |
| Adam Crepelle |
HOLDING THE UNITED STATES LIABLE FOR INDIAN COUNTRY CRIME |
31-SPG Kansas Journal of Law & Public Policy 223 (Spring, 2022) |
[A]ll Americans have the right to public safety and security, but it's preeminently a Federal responsibility to protect those rights in Indian Country. Police killings of unarmed African Americans have inspired calls to defund the police. Although the number of African Americans killed by police is troubling, Indians are killed by police at... |
2022 |
| N. Lauryn Boston |
HON. ALLIE GREENLEAF MALDONADO |
69-APR Federal Lawyer 16 (March/April, 2022) |
The reservation lands of the Little Traverse Bay Bands of Odawa Indians (LTBB Tribe) lie along the picturesque northern shores of Michigan's Lower Peninsula, where great white pine, red oak, and colorful sugar maple dominate the landscape of a region once called by the native Odawa the land of the crooked tree. It is here that the Hon. Allie... |
2022 |
| Stanley Halpin |
HOW SECTION 2 OF THE VOTING RIGHTS ACT AND ONE CIVIL RIGHTS LAWYER TRANSFORMED THE ELECTORAL SUCCESS OF NATIVE AMERICANS AND CHICANOS IN NEW MEXICO |
49 Southern University Law Review 509 (Spring, 2022) |
As the 1980 census approached, New Mexico's Chicanos and Native Americans still were grossly underrepresented among elected officials. Voter registration had slowly increased but gerrymandering and the almost total use of at-large elections for local offices precluded their election. New Mexico was not covered by Section 5's preclearance provision... |
2022 |
| Brett Whitley |
IMPORTING INDIAN INTOLERANCE: HOW TITLE VII CAN PREVENT CASTE DISCRIMINATION IN THE AMERICAN WORKPLACE |
75 Arkansas Law Review 163 (2022) |
If Hindus migrate to other regions on [E]arth, [Indian] Caste would become a world problem. --Dr. B.R. Ambedkar (1916) Imagine it is the year 2020. You are one of the more than 160 million people across India that are labeled as Dalits, formerly known as the Untouchables. Most Hindus view Dalits as belonging to the lowest rung in the ancient... |
2022 |
| |
INDIAN LAW |
58-AUG Arizona Attorney 16 (July/August, 2022) |
Welcome to our third annual issue dedicated to Indian Law and practice. Here in year 4 of this endeavor, the topics continue to be as diverse and fascinating as the practice area itself. Thank you again to our contributors and the larger community of Indian Law practitioners, who serve their clients well and advance a deeper understanding of this... |
2022 |
| Alexander Mallory |
INDIAN LAW FROM BEHIND THE BENCH |
58-AUG Arizona Attorney 60 (July/August, 2022) |
This article contains legal writing tips for how to seize the court's attention, retain its attention, and prevail before it--not just in Indian law cases, but in all cases. It discusses openers and roadmaps, legal standards, application of the law, and style and revision. Justice Ginsburg said eye fatigue sets in well before page 50. I say, eye... |
2022 |
| Breanna Delorme, Marjorie Kohls, Joseph Vetsch, Michelle Rivard Parks, Public Defender, Spirit Lake Nation, Assistant Public Defender, Standing Rock Tribal Court, Chief Judge, Spirit Lake Nation, Moderator, Associate Director, Tribal Judicial Institute, U |
INDIAN LAW: CRIMINAL LAW PANEL |
97 North Dakota Law Review 319 (2022) |
Michelle Rivard Parks: Good afternoon and thank you all for being here with us today, either in person or for those of you joining us virtually. As you can see, today has been chock-full of experts in the fields of tribal law and Indian law and this panel is certainly no different, so we want to thank all of our panelists for being here today. As... |
2022 |
| Nilima Bhadbhade , Pune, India, e-mail: nilima.bhadbhade@gmail.com |
INDIAN REPORT |
102 IUS Gentium 187 (2022) |
AIR All India Reporter ARBLR Arbitration Law Reporter FB Full Bench FC Federal Court HC High Court IA Indian Appeals ICA Indian Contract Act 1872 Mah LJ Maharashtra Law Journal MIA Moores India Appeals PC Privy Council QB Queen's Bench SC Supreme Court SCC Supreme Court Cases SCW Supreme Court Weekly Supp Supplement The Indian contract law belongs... |
2022 |
| Diane P. Wood |
INDIAN SOVEREIGNTY IN CONTEXT |
2022 Wisconsin Law Review 211 (2022) |
Introduction. 211 I. Challenges for this Restatement. 212 II. Tribal Sovereignty: A Comparative Look. 213 III. Unsolved Problems. 221 |
2022 |
| Mia Montoya Hammersley , Adriana M. Orman , Wouter Zwart |
INDIGENOUS ERASURE IN PUBLIC SCHOOLS |
58-AUG Arizona Attorney 22 (July/August, 202) |
Every year, millions of Indigenous students walk through our Nation's public schoolhouse gates to receive an education. Historically, however, public schools have served as a tool for the Americanization of the Indian or, put more bluntly, to Kill the Indian, Save the Man. The legacy of erasing Indigenous identity reverberates to this day.... |
2022 |
| Wayne D. Garnons-Williams, Dalee Sambo Dorough, Heather Exner-Pirot, Kitty Gordon |
INDIGENOUS LEADERSHIP ON CLIMATE CHANGE AND THE ARCTIC |
46 Canada-United States Law Journal 98 (2022) |
MR. STEPHEN PETRAS: Everyone, our final panel today will explore Indigenous leadership on climate change and the Arctic. Our moderator is Wayne D. Garnons-Williams, who is a practicing attorney in Canada and a true expert on Indigenous and First Nations laws. Wayne is the founding president of the Intertribal Trade Organization and chair of the... |
2022 |
| Leonardo Figueroa Helland |
INDIGENOUS PATHWAYS BEYOND THE "ANTHROPOCENE": BIOCULTURAL CLIMATE JUSTICE THROUGH DECOLONIZATION AND LAND REMATRIATION |
30 New York University Environmental Law Journal 347 (2022) |
I. The Spiritual Basis of Sacred Indigenous Relations to Land and Mother Earth. 350 II. To Nurture or Destroy Diversity? Indigenous Biocultures vs. Desacralizing Violences. 358 III. A Climate Crisis or a Problem of Colonialism? Defending Mother Earth at a High Cost. 372 IV. The Colonial Traps of Global Environmental Policy. 382 V. The Treacherous... |
2022 |
| Adam J. Sulkowski |
INDIGENOUS SHARED GOVERNANCE, INTERNATIONAL LAW, MIXED USE, AND PRESERVING RAINFOREST DURING THE COVID-19 PANDEMIC |
12 Arizona Journal of Environmental Law & Policy 127 (Spring, 2022) |
This article takes a transdisciplinary approach to examining a range of issues related to the topic of Indigenous shared governance. It examines concepts such as free prior informed consent and the role of international law in affecting local reality in the context of a specific illustrative example in South America in the Amazon biome: the... |
2022 |
| Addie C. Rolnick |
INDIGENOUS SUBJECTS |
131 Yale Law Journal 2652 (June, 2022) |
This Article tells the story of how race jurisprudence has become the most intractable threat to Indigenous rights--and to collective rights more broadly. It examines legal challenges to Indigenous self-determination and land rights in the U.S. territories. It is one of a handful of articles to address these cases and the only one to do so through... |
2022 |
| Dana Lloyd, Assistant Professor of Global Interdisciplinary Studies, Villanova University |
INTRODUCTION TO THE BOOK REVIEW SYMPOSIUM ON MICHAEL MCNALLY'S DEFEND THE SACRED, DEFEND THE SACRED: NATIVE AMERICAN RELIGIOUS FREEDOM BEYOND THE FIRST AMENDMENT BY MICHAEL D. MCNALLY. PRINCETON: PRINCETON UNIVERSITY PRESS, 2020. PP. 400. $99.95 (CLOTH); |
37 Journal of Law and Religion 167 (January, 2022) |
Keywords: religious freedom; Indigenous sovereignty; Indigenous law; federal Indian law Michael McNally's book Defend the Sacred: Native American Religious Freedom beyond the First Amendment responds to recent doubts, raised by Indigenous communities, lawyers, and scholars about the usefulness of religious freedom law for Indigenous nations who are... |
2022 |
| Genesis M. Agosto |
INVOLUNTARY STERILIZATION OF NATIVE AMERICAN WOMEN IN THE UNITED STATES: A LEGAL APPROACH |
100 Nebraska Law Review 995 (2022) |
C1-2TABLE OF CONTENTS I. Introduction. 995 II. Why Native Sterilization Matters. 997 A. Significance. 997 B. Contribution to Scholarship. 1001 III. Legal Context of Native Sterilization. 1002 A. Origins of Eugenic Laws in the United States. 1002 B. Infamous Eugenic Cases. 1003 C. Passage of Laws that Allowed Native Sterilizations. 1007 IV. The... |
2022 |
| Sharon Thompson, Attorney, Circling Eagle Law |
IT IS MORE THAN JUST A CALCULATION: REFRAMING CHILD SUPPORT IN INDIAN COUNTRY |
97 North Dakota Law Review 297 (2022) |
I'm going to start off with a funny story. I was approached, I think it was a few months ago, by the editor board saying we'd like you to be part of the symposium, we're talking about Indian law this year, would you participate? I say sure, tell me a little bit more. They say it's going to be a panel that you'll be a part of, and it'll be about... |
2022 |
| Alexander Toke |
LAND, LEGACY, AND LAW: AMENDING CERCLA TO ACCOUNT FOR ENVIRONMENTAL CONTAMINATION OF TRIBAL CULTURAL RESOURCES |
28 Cardozo Journal of Equal Rights & Social Justice 333 (Winter, 2022) |
C1-2Table of Contents I. Introduction. 335 II. Background Information. 337 A. Treaties. 337 B. The Relationship Between the Federal Government and the Tribes. 340 C. Natural Resources Damages and CERCLA. 343 III. Challenges Faced by Tribes in Recovering for Injuries to Cultural Resources. 346 A. Tribal Lands are Disproportionately Affected by... |
2022 |
| 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 |
| James M. Grijalva |
NEW FEDERAL INITIATIVES FOR INDIAN COUNTRY ENVIRONMENTAL MANAGEMENT |
97 North Dakota Law Review 343 (2022) |
I. INTRODUCTION. 343 II. THE FOUNDATION OF THE EPA'S INDIAN PROGRAM. 344 III. INDIAN COUNTRY WATER QUALITY PROTECTION. 346 IV. FEDERAL WQS FOR INDIAN COUNTRY. 347 V. DEFINING TRIBAL USES AND SETTING PROTECTIVE CRITERIA. 349 VI. PROTECTING TRIBAL WATER QUALITY INTERESTS OUTSIDE INDIAN RESERVATIONS. 351 VII. CONCLUSION. 352 |
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 |