| Author | Title | Citation | Summary | Year |
| 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 |
| Grant Christensen |
THE EXTRADITION CLAUSE AND INDIAN COUNTRY |
97 North Dakota Law Review 355 (2022) |
I. INTRODUCTION. 355 II. THE ENFORCEABILITY OF THE EXTRADITION CLAUSE. 357 A. Dennison and the Inability of Federal Courts to Enforce the Extradition Clause. 358 B. Branstad and a New Role for Federal Courts Enforcing the Extradition Clause. 360 III. THE EXTRADITION CLAUSE IN INDIAN COUNTRY. 361 A. THE GEOGRAPHIC NATURE OF INDIAN COUNTRY. 362 B.... |
2022 |
| Timothy Sandefur |
THE FEDERALISM PROBLEMS WITH THE INDIAN CHILD WELFARE ACT |
26 Texas Review of Law and Politics 429 (Spring, 2022) |
Author's Note. 430 Introduction. 430 I. What ICWA Does. 431 II. ICWA Exceeds the Commerce Clause. 435 A. The One and Only Commerce Clause. 435 B. The Non-textual Plenary Power. 437 C. Even Under the Treaty Power, ICWA Would Be Unconstitutional. 448 III. ICWA Violates the Anti-commandeering Principle. 453 A. The Anti-commandeering Principle. 453... |
2022 |
| Yuri G. Mantilla |
THE IMPLEMENTATION OF THE RIGHT TO SELF-DETERMINATION OF AYMARA AND QUECHUA INDIGENOUS PEOPLES: AN INTERNATIONAL NORMATIVE RESPONSE TO THE SPANISH CONQUEST OF TAWANTINSUYU |
36 Emory International Law Review 287 (2022) |
Contrary to ethnocentric views of law, this Article proposes an inter-civilizational perspective of international law. This perspective provides an analytical tool to understand the importance of preserving and empowering diverse cultures and peoples. In a globalized world, there is an increasing recognition of the contributions of diverse cultures... |
2022 |
| Adam Crepelle |
THE LAW AND ECONOMICS OF CRIME IN INDIAN COUNTRY |
110 Georgetown Law Journal 569 (March, 2022) |
C1-2Table of Contents Introduction. 569 I. Crime in Indian Country. 576 II. Tribal Sovereignty and Criminal Justice. 579 III. The Economics of Crime. 586 IV. The Law and Economics of Crime in Indian Country. 589 V. Solutions. 601 a. jurisdictional fix. 603 b. more cops. 606 c. improve tribal economies. 609 Conclusion. 611 |
2022 |
| Lucas Meacham |
THE MESS THAT HAS BECOME INDIAN GAMING IN OKLAHOMA |
46 American Indian Law Review 155 (2022) |
Since its enactment in 1988, the Indian Gaming Regulatory Act (IGRA) has permitted American Indian tribes to conduct gaming within the United States. In return, tribes have entered into agreements with state governments for the payment of exclusivity fees under various revenue sharing arrangements, which have provided substantial economic support... |
2022 |
| Robert G. Natelson |
THE ORIGINAL UNDERSTANDING OF THE INDIAN COMMERCE CLAUSE: AN UPDATE |
23 Federalist Society Review 209 (29-Aug-22) |
The Congress shall have Power . To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes. C1-2Table of Contents I. Recent and Pending Litigation. 211 II. Previous Scholarship. 212 III. Goals of this Article. 213 IV. Some Principles of Originalist Analysis. 214 V. The Constitutional Scheme: Separation of... |
2022 |
| Dr. Gavin Clarkson |
THE PROBLEM OF DOUBLE-TAXATION IN INDIAN COUNTRY |
69-APR Federal Lawyer 32 (March/April, 2022) |
Despite the moral rectitude of the tribal position that federal treaty obligations require financial support for services such as tribal healthcare, economic dependency on the federal government is not a viable long-term strategy for tribal nations. If tribal sovereignty is to mean something, at a minimum, it should mean the ability of a tribe to... |
2022 |
| Adam Crepelle |
THE RESERVATION AND THE RULE OF LAW |
70 Louisiana Bar Journal 192 (October/November, 2022) |
The rule of law is vital to social stability and economic development. The Supreme Court's 2020 decision in McGirt v. Oklahoma cast a cloud of uncertainty over which law to follow in eastern Oklahoma--tribal, state or federal. McGirt arose because Oklahoma acted as though the Muscogee Nation's treaty guaranteed reservation had been disestablished... |
2022 |
| Samuel Bashfield , Elena Katselli Proukaki |
THE RULES-BASED ORDER, INTERNATIONAL LAW AND THE BRITISH INDIAN OCEAN TERRITORY: DO AS I SAY, NOT AS I DO |
23 German Law Journal 713 (June, 2022) |
(Received 29 April 2021; accepted 04 August 2021) Perpetuating Britain's controversial administration of the Chagos Archipelago (BIOT--British Indian Ocean Territory) raises questions about the UK's commitment to the rules-based order and international law. This interdisciplinary article examines British administration of the Chagos Archipelago by... |
2022 |
| Jace Weaver, Franklin Professor of Religion and Native American Studies, University of Georgia |
THE STRUGGLE TO PROTECT NATIVE AMERICAN RELIGIOUS FREEDOM, 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 |
37 Journal of Law and Religion 175 (January, 2022) |
Keywords: sacred sites; integrity; centrality A wag once observed, The trouble with old friends is that there are so few of them left. I have been involved in this profession for over thirty years. The problem with becoming a senior scholar is that there are people that you have known all their careers, and they are now senior scholars... |
2022 |
| Ama Lee |
THE TWO CLASSES OF TRIBES: UNIFYING THE STATE AND FEDERAL TRIBAL RECOGNITION SYSTEMS |
54 Columbia Human Rights Law Review 249 (Fall, 2022) |
This paper seeks to analyze the historical and political outcomes of the federal recognition process within the Bureau of Indian Affairs (BIA) and suggests that the BIA should eliminate the continuous existence requirement from that process. This paper also suggests that the BIA should consider ratifying state tribal recognition through an... |
2022 |
| Heather J. Tanana, Elisabeth Paxton Parker |
THE UNFULFILLED PROMISE OF INDIAN WATER RIGHTS SETTLEMENTS |
37-FALL Natural Resources & Environment 12 (Fall, 2022) |
When the Ute Bands signed the treaty establishing the Ute Reservation in 1868, the United States promised the Ute people that the Reservation would be a permanent home that would support our people forever. The key to carrying out that promise is water--a fact that the Tribal leadership has always known but which the United States has sometimes... |
2022 |
| Sital Kalantry |
THE UNINTENDED CONSEQUENCES OF TERM LIMITS FOR JUSTICES OF THE U.S. SUPREME COURT: LESSONS FROM A COMPARATIVE STUDY OF THE INDIAN SUPREME COURT |
30 Tulane Journal of International and Comparative Law 43 (Winter, 2022) |
I. Introduction. 44 II. The Case for and Against Term Limits to the United States Supreme Court. 48 A. Term Limits Proposals. 48 B. Critics of Term Limits. 52 1. Term Limits Do Not Solve the Problems Proponents Claim. 52 a. Judicial Independence. 52 b. Democratic Unaccountability. 53 c. Increased Politicization of the Court. 53 d. Justices Serving... |
2022 |
| Michael C. Blumm , Lizzy Pennock |
TRIBAL CONSULTATION: TOWARD MEANINGFUL COLLABORATION WITH THE FEDERAL GOVERNMENT |
33 Colorado Environmental Law Journal 1 (Winter, 2022) |
One of the bedrock principles of federal Indian law is a centuries-old understanding that the tribes, as domestic dependent nations, have a government-to-government relationship with the federal government, which has a trust obligation concerning the tribes, their sovereignty, and their cultural resources. Although this relationship was first... |
2022 |
| Adam Crepelle |
TRIBAL LAW'S INDIAN LAW PROBLEM: HOW SUPREME COURT JURISPRUDENCE UNDERMINES THE DEVELOPMENT OF TRIBAL LAW AND TRIBAL ECONOMIES |
29 Virginia Journal of Social Policy and the Law 93 (Winter 2022) |
Reservation Indians are the poorest people in the United States; in fact, Indian country is commonly likened to the third world. Houses in Indian country often lack access to water and electricity. Reservation unemployment rates consistently linger at fifty percent. Many believe Indian country is lawless, so significant natural resource endowments... |
2022 |
| Adam Crepelle |
TRIBAL LAW'S INDIAN LAW PROBLEM: HOW SUPREME COURT JURISPRUDENCE UNDERMINES THE DEVELOPMENT OF TRIBAL LAW AND TRIBAL ECONOMIES |
29 Virginia Journal of Social Policy and the Law 93 (Winter 2022) |
Reservation Indians are the poorest people in the United States; in fact, Indian country is commonly likened to the third world. Houses in Indian country often lack access to water and electricity. Reservation unemployment rates consistently linger at fifty percent. Many believe Indian country is lawless, so significant natural resource endowments... |
2022 |
| Robin Kundis Craig |
TRIBAL WATER RIGHTS AND TRIBAL HEALTH: THE KLAMATH TRIBES AND THE NAVAJO NATION DURING THE COVID-19 PANDEMIC |
16 Saint Louis University Journal of Health Law & Policy 35 (2022) |
Public health measures to combat COVID-19, especially in the first year before vaccines became widely available, required individuals to be able to access fresh water while remaining isolated from most of their fellow human beings. For the approximately 500,000 households in the United States and over two million Americans who lacked access to... |
2022 |
| Ann E. Tweedy |
TRIBES, FIREARM REGULATION, AND THE PUBLIC SQUARE |
55 U.C. Davis Law Review 2625 (June, 2022) |
We stand at a crossroads with the United States Supreme Court seemingly poised, in New York State Rifle & Pistol Association v. Bruen, to expand the right of individualized self-defense first recognized in District of Columbia v. Heller, and shortly thereafter extended to states in McDonald v. City of Chicago. The Court's decision in Heller has... |
2022 |
| Rebecca Glenn |
UNREALIZED FEDERAL INDIAN WATER RIGHTS ON THE COLORADO RIVER: AN OPPORTUNITY FOR EQUITY AND CONSERVATION |
25 University of Denver Water Law Review 287 (Spring, 2022) |
I. Introduction. 288 II. The Law of the River. 290 A. A Brief History. 290 B. The Drought. 292 III. Federal Indian Water Rights on the Colorado River. 294 A. A Brief History of Federal Indian Reserved Water Rights, Generally. 294 B. Federal Indian Water Rights Settlements and Adjudications on the Colorado River. 297 1. The Colorado Ute Indian Water... |
2022 |
| Vayuna Gupta |
USING INTERNATIONAL LAW IN DOMESTIC INDIAN COURTS |
54 New York University Journal of International Law & Politics 1077 (Summer, 2022) |
I. Introduction. 1077 II. Judicial Powers under the Indian Constitution. 1078 III. Tracing precedents. 1080 IV. Unanswered Questions and a Way Forward. 1084 V. Conclusion. 1087 |
2022 |
| Katherine Florey |
WAITING FOR THE SMOKE TO CLEAR: THE COMPLICATED BEGINNINGS AND PROMISING FUTURE OF TRIBAL CANNABIS |
67 South Dakota Law Review 443 (2022) |
When the Obama administration first extended its hands-off marijuana policy to tribes as well as states, much of Indian Country celebrated, believing that federal tolerance would be an immediate boon for tribes. The reality of tribal cannabis has been rockier. Tribes' initial ventures into cannabis were clouded by state opposition, federal raids,... |
2022 |
| Randall S. Abate |
YOUTH AND INDIGENOUS VOICES IN CLIMATE JUSTICE: LEVERAGING BEST PRACTICES FROM U.S. AND CANADIAN LITIGATION |
45 Public Land & Resources Law Review 77 (2022) |
I. Introduction. 78 II. Evolution of Youth and Indigenous Climate Justice Litigation. 81 A. The United States. 82 B. Canada. 85 III. Recent and Pending Cases in the U.S. and Canada. 86 A. Juliana and Post-Juliana Cases in State Courts. 87 1. Oregon. 89 2. Alaska. 90 3. Montana. 91 B. The New Wave of Canadian Climate Justice Litigation. 93 IV.... |
2022 |