| Author | Title | Citation | Summary | Year |
| Michael Doran |
REDEFINING TRIBAL SOVEREIGNTY FOR THE ERA OF FUNDAMENTAL RIGHTS |
95 Indiana Law Journal 87 (Winter, 2020) |
This Article explains a longstanding problem in federal Indian law. For two centuries, the U.S. Supreme Court has repeatedly acknowledged the retained, inherent sovereignty of American Indian tribes. But more recently, the Court has developed the implicit-divestiture theory to deny tribal governments criminal and civil jurisdiction over nonmembers,... |
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 |
| 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 |
| Elizabeth Hope Fink |
SENSE AND CENSUS BUILDING: CAPTURING TRIBAL REALITIES IN THE U.S. CENSUS |
62 Washington University Journal of Law & Policy 201 (2020) |
In the politically charged space between America's 2018 midterm elections and the 2020 general elections, the upcoming decennial Census looms. A seemingly unassuming bureaucratic process, it has enormous implications for the country's social, economic, and political realities for years to come. Citizens of American Indian and Alaska Native (AI/AN)... |
2020 |
| Joseph Mantegani |
SLOUCHING TOWARDS AUTONOMY: REENVISIONING TRIBAL JURISDICTION, NATIVE AMERICAN AUTONOMY, AND VIOLENCE AGAINST WOMEN IN INDIAN COUNTRY |
111 Journal of Criminal Law and Criminology 313 (Winter 2020) |
Native American women face rates of sexual violence far beyond those experienced by any other race. But when those women live on reservations, their own tribes are restricted in their authority to protect their members. A maze of criminal jurisdiction overlies Indian country, one that depends on the location of the crime, the agreements a... |
2020 |
| Amy Lyon |
SOVEREIGN INJUSTICE: WHY NOW IS THE TIME TO GRANT TRIBAL NATIONS TRUE AUTONOMY IN CRIMINAL PROSECUTIONS |
13 Drexel Law Review 191 (2020) |
Generally speaking, if a murder takes place in Oklahoma, the district attorney's office can prosecute the perpetrator, and the state court can, upon conviction, select among a wide range of sentences to bring justice to the victim. But if a murder takes place within Indian Country in Oklahoma, a tribal prosecutor has a different set of options. In... |
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 |
| 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 |
| Joy Parker |
TRIBAL ADVISORY COMMITTEES: TOOLS FOR FULFILLING THE FEDERAL TRUST OBLIGATION TO AMERICAN INDIAN/ALASKA NATIVE PEOPLE |
11 Arizona Journal of Environmental Law & Policy 90 (Fall, 2020) |
Tribal advisory committees have the potential to be an effective mechanism to facilitate Tribal consultation and urban confer as part of the government-to-government relationship between Tribes and the federal government. This paper analyzes the Unfunded Mandated Reform Act (UMRA) intergovernmental exemption to the Federal Advisory Committee Act... |
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 |
| 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... |
2020 |
| Hayden Marotz |
TRIBAL OPT-IN TO THE VOTING RIGHTS ACT: STRENGTHENING SOVEREIGNTY TO RESIST NATIVE VOTER SUPPRESSION |
56 Idaho Law Review 209 (2020) |
C1-2TABLE OF CONTENTS I. INTRODUCTION. 209 II. THE OPT-IN APPROACH. 210 III. OPT-IN FOR TRIBAL GOVERNMENTS. 216 A. Tribal governments are sovereign entities, accountable to their members, and capable of representing tribal interests in an opt-in system.. 217 B. Opt-in would be consistent with the federal trust responsibility because it defends... |
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 |
| 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 |
| Joshua B. Gurney |
AN "SDVCJ FIX"--PATHS FORWARD IN TRIBAL DOMESTIC VIOLENCE JURISDICTION |
70 Hastings Law Journal 887 (April, 2019) |
Domestic violence has riddled the indigenous communities of the United States for decades. Within this problem lies another--non-Indians perpetrate crimes of domestic violence against Indian women at disproportionately high rates. Exacerbating this issue is the complicated web of criminal jurisdiction split between federal, state, and tribal... |
2019 |
| Kaitlyn Schaeffer |
ANSWERING CONSTITUTIONAL CHALLENGES TO THE TRIBAL VAWA PROVISIONS |
21 NYU Journal of Legislation and Public Policy 993 (2018-2019) |
Introduction. 994 I. Background. 998 A. The Relationship Between Tribes and the Federal Government. 998 B. Sources of Federal Regulatory Power. 1000 C. Criminal Jurisdiction in Indian Country. 1002 D. The Violence Against Women Reauthorization Act of 2013's Tribal Provisions. 1007 II. Responses to Constitutional Arguments Against Granting Tribes... |
2019 |
| David M. Forman |
Applying Indigenous Ecological Knowledge for the Protection of Environmental Commons: Case Studies from Hawai'i for the Benefit of "Island Earth" |
41 University of Hawaii Law Review 300 (Summer, 2019) |
I. EVOLVING INTERNATIONAL RECOGNITION OF INDIGENOUS ECOLOGICAL KNOWLEDGE AS A VALUABLE TOOL FOR PROTECTING ENVIRONMENTAL COMMONS THROUGH THE PRINCIPLE OF INTERGENERATIONAL EQUITY. 305 II. THE INTERGENERATIONAL EQUITY LEGAL FRAMEWORK FOR DEPLOYING INDIGENOUS ECOLOGICAL KNOWLEDGE TO PROTECT ENVIRONMENTAL COMMONS. 309 III. EXAMPLES OF THE... |
2019 |
| E. Barrett Ristroph |
Avoiding Maladaptations to Flooding and Erosion: a Case Study of Alaska Native Villages |
24 Ocean and Coastal Law Journal 110 (June, 2019) |
I. Introduction II. Background and Legal Framework for Flood Adaptation A. Background on Flooding and Erosion in Alaska Native Villages B. Adaptations and Maladaptations to Flooding and Erosion C. Legal Framework to Avoid Flooding and Erosion 1. FEMA 2. Army Corps III. Key Findings for Alaska Native Villages A. Flooding Hazards Reported B. How ANVs... |
2019 |
| Barak Atiram |
Between Racially Restrictive Covenants and Indian Beaver Hunting: the Metatheory of Property Rights |
24 Texas Journal on Civil Liberties & Civil Rights 223 (Spring, 2019) |
Scholarly writings about collective actions for the production of non-excludable goods, especially in the field of law and economics, look at coordination of class members as a potential failure--a collective-action problem. Economics professor Harold Demsetz's famous article Toward a Theory of Property Rights belongs to this tradition of writing.... |
2019 |
| Jessica Allison |
Beyond Vawa: Protecting Native Women from Sexual Violence Within Existing Tribal Jurisdictional Structures |
90 University of Colorado Law Review 225 (Winter, 2019) |
One in three American Indian women will be raped in her lifetime. This rampant assault is only exacerbated by the fact that tribes have not been able to prosecute non-Indians for any crime, including rape, since the 1970s. The Violence Against Women Reauthorization Act of 2013 took a small step toward filling this jurisdictional hole by creating... |
2019 |
| Jessica Allison |
BEYOND VAWA: PROTECTING NATIVE WOMEN FROM SEXUAL VIOLENCE WITHIN EXISTING TRIBAL JURISDICTIONAL STRUCTURES |
90 University of Colorado Law Review 225 (Winter, 2019) |
One in three American Indian women will be raped in her lifetime. This rampant assault is only exacerbated by the fact that tribes have not been able to prosecute non-Indians for any crime, including rape, since the 1970s. The Violence Against Women Reauthorization Act of 2013 took a small step toward filling this jurisdictional hole by creating... |
2019 |