| Author | Title | Citation | Summary | Year |
| Ian F. Tapu |
THE REASONABLE INDIGENOUS YOUTH STANDARD |
56 Gonzaga Law Review 529 (2020/2021) |
C1-3Table of Contents L1-2Introduction . L3530 I. J.D.B. v. North Carolina: Opening the Door for Youth. 534 II. The Indigenous Youth Experience. 536 III. The Connection Between the Contextual Legal Framework and a Reasonable Indigenous Youth Standard. 539 IV. The Indigenous Youth Standard Already Conforms to Precedent. 541 L1-2Conclusion . L3544 |
2021 |
| Melanie Randall |
THE SHACKLED SEXUAL ASSAULT VICTIM: TRAUMA, RESISTANCE, AND CRIMINAL JUSTICE VIOLATIONS OF AN INDIGENOUS WOMAN |
39 Minnesota Journal of Law & Inequality 317 (Summer, 2021) |
L1-2Table of Contents Introduction. 318 I. Widening the Lens: State Failures and Violence Against Indigenous Peoples and Women in Canada, the US, Australia, and New Zealand. 323 A. The Sexual and Physical Assault Perpetrated Against Angela Cardinal. 334 B. The Preliminary Inquiry. 336 i. The First Layer of Violation: Stigmatizing Ms. Cardinal as a... |
2021 |
| Clint Summers |
THE SKY WILL NOT FALL IN OKLAHOMA |
56 Tulsa Law Review 471 (Spring, 2021) |
I. Introduction. 472 II. What Every Oklahoman Needs to Know About Native Reservations. 475 A. Lands of Violence. 476 B. An Inadequate System. 477 III. Jurisdictional Divide. 480 A. The State's Criminal Jurisdiction Powers. 480 i. Inside the Reservation. 480 ii. Outside the Reservation. 482 B. The Mvskoke Nation's Criminal Jurisdiction Powers. 482... |
2021 |
| Adam Crepelle |
THE TIME TRAP: ADDRESSING THE STEREOTYPES THAT UNDERMINE TRIBAL SOVEREIGNTY |
53 Columbia Human Rights Law Review 189 (Fall, 2021) |
History is deeply embedded in federal Indian law. According to jurisprudence, Indians were nonagricultural savages prior to 1492. Indians' supposed lack of sophistication played a vital role in foundational cases determining Indian rights and the extent of tribal sovereignty. The process of stare decisis has resulted in repetition of the... |
2021 |
| Adam Crepelle |
THE TRIBAL PER CAPITA PAYMENT CONUNDRUM: GOVERNANCE, CULTURE, AND INCENTIVES |
56 Gonzaga Law Review 483 (2020/2021) |
C1-3Table of Contents L1-2Introduction . L3484 I. Socioeconomic Data. 487 II. History of Tribal Per Capita Payments. 489 III. Rules Governing Tribal Casino Per Capita Payments. 493 IV. Positive Effects of Per Capita Payments. 495 V. Possible Problems with Per Capita Payments. 498 A. Per Capita Payments and Governance. 498 1. Public Choice and Free... |
2021 |
| Alex Tallchief Skibine |
THE TRIBAL RIGHT TO EXCLUDE OTHERS FROM INDIAN-OWNED LANDS |
45 American Indian Law Review 261 (2021) |
In May 2020, two Indian tribes in South Dakota--the Cheyenne River Sioux and Oglala Sioux Tribes--established health safety checkpoints on state and federal roads accessing the entrance to their reservations, invoking the dangers caused by COVID-19. The South Dakota Governor threatened immediate legal action, arguing that such roadblocks could only... |
2021 |
| Joseph Austin |
THE WORDS OF THE TALKING GOD |
57-AUG Arizona Attorney 30 (July/August, 2021) |
Over the years, I have presented at numerous conferences, workshops and law school classes, teaching students and practitioners about federal Indian Law and tribal law. One of the challenges of teaching tribal law is convincing folks that Native people always had the rule of law. The rule of law was not given to Native people and neither was... |
2021 |
| Katherine Florey |
TOWARD TRIBAL REGULATORY SOVEREIGNTY IN THE WAKE OF THE COVID-19 PANDEMIC |
63 Arizona Law Review 399 (Summer, 2021) |
The media has often highlighted the devastating toll COVID-19 has taken in many parts of Indian country--and that, to be sure, is part of the story. But there are other aspects of the picture as well. On the one hand, tribes have taken resourceful and creative measures to combat COVID-19. On the other, a troublesome doctrinal landscape has... |
2021 |
| Melissa Tehee , Royleen J. Ross , Charlotte McCloskey , Iva GreyWolf , Assistant Professor of Psychology, Director of the American Indian Support Project, Utah State University, Secretary, Society of Indian Psychologists, Leadership Development Institute |
TRAUMA-INFORMED, CULTURALLY RELEVANT PSYCHOLOGICAL RESPONSES IN CASES OF MISSING OR MURDERED INDIGENOUS PEOPLES |
69 Department of Justice Journal of Federal Law and Practice 251 (March, 2021) |
Linking back to the constant onslaught on Native land and therefore Native bodies, MMIWG2 (Missing and Murdered Indigenous Women and Girls and Two Spirit People) scholars underscore the connections between the violence experienced by Indigenous women to the continued subjugation of such bodies by the colonial state. Missing or Murdered Indigenous... |
2021 |
| Emma Blake |
TRIBAL CO-MANAGEMENT: A MONUMENTAL UNDERTAKING? |
48 Ecology Law Quarterly 249 (2021) |
After seven years of organizing, the Bears Ears Inter-Tribal Coalition--made up of the Hopi, Navajo, Uintah and Ouray Ute, Ute Mountain Ute, and Zuni Nations--secured the protection of 1.35 million acres of federal public land within the boundaries of the state of Utah. The land included the twin Bears Ears buttes, which rose to the south above... |
2021 |
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TRIBAL COURTS FILL ACCESS TO JUSTICE NEEDS, OFFER PRACTICE OPPORTUNITY FOR LAWYERS |
46-MAY Montana Lawyer 9 (May, 2021) |
Chief Judge Stacie FourStar (JF) of the Fort Peck Assiniboine and Sioux Tribal Court, and Montana Legal Services Association Staff Attorney, Kathryn Seaton (KS) recently had a wide-ranging discussion touching on the role of tribal courts, their importance in communities and what role Montana's attorneys might have in advancing racial justice in... |
2021 |
| Max King |
TRIBAL LENDING AFTER GINGRAS |
19 Duke Law & Technology Review 122 (May 13, 2021) |
Online payday lenders pose serious risks for consumers. Yet, for years, these lending companies have skirted state regulation by pleading tribal sovereign immunity. Under this doctrine, entities that are so affiliated with tribal nations that they are an arm of the tribe are immune from suit. Without comprehensive federal regulation, tribal... |
2021 |
| Lori Bable |
TRIBALLY DEFINED CITIZENSHIP CRITERIA: COUNTERING WHITENESS AS PROPERTY INTERPRETATIONS OF "INDIAN" FOR RESTORING INHERENT SOVEREIGNTY |
18 Hastings Race and Poverty Law Journal 29 (Winter, 2021) |
This article implements the framework of whiteness of property to articulate the ways in which holdings of the Supreme Court of the United States (SCOTUS) have limited Tribal Nations' sovereignty because of the illegibility and correlative dispossession of inherent sovereignty itself. This article also highlights how these past SCOTUS... |
2021 |
| Adam Crepelle |
TRIBES, VACCINES, AND COVID-19: A LOOK AT TRIBAL RESPONSES TO THE PANDEMIC |
49 Fordham Urban Law Journal 31 (November, 2021) |
Introduction. 31 I. Why Tribes Were Especially Vulnerable to the COVID-19 Virus. 35 II. Vaccines, Pharmaceutical Experiments, and Indians. 39 III. Tribal Vaccine Distribution. 44 IV. Tribes and Medical Sovereignty: Beyond Vaccines. 53 A. Mask Mandates and Social Distancing Guidelines. 53 B. Highway COVID-19 Checkpoints. 57 C. Casino and Other... |
2021 |
| Adam Crepelle |
TRIBES, VACCINES, AND COVID-19: A LOOK AT TRIBAL RESPONSES TO THE PANDEMIC |
49 Fordham Urban Law Journal 31 (November, 2021) |
Introduction. 31 I. Why Tribes Were Especially Vulnerable to the COVID-19 Virus. 35 II. Vaccines, Pharmaceutical Experiments, and Indians. 39 III. Tribal Vaccine Distribution. 44 IV. Tribes and Medical Sovereignty: Beyond Vaccines. 53 A. Mask Mandates and Social Distancing Guidelines. 53 B. Highway COVID-19 Checkpoints. 57 C. Casino and Other... |
2021 |
| Lauren E. Schneider |
TRUST BETRAYED: THE RELUCTANCE TO RECOGNIZE JUDICIALLY ENFORCEABLE TRUST OBLIGATIONS UNDER THE INDIAN HEALTH CARE IMPROVEMENT ACT (IHCIA) |
52 Loyola University Chicago Law Journal 1099 (Summer, 2021) |
The federal trust doctrine developed out of the legal relationship between European sovereigns--and later, the United States government--and American Indian tribes. By signing treaties with Indian tribes, the settler governments entered into an ongoing relationship with sovereign tribal governments. The United States government has a duty to... |
2021 |
| Laura Briggs |
TWENTIETH CENTURY BLACK AND NATIVE ACTIVISM AGAINST THE CHILD TAKING SYSTEM: LESSONS FOR THE PRESENT |
11 Columbia Journal of Race and Law 611 (July, 2021) |
This Article argues that the historical record supports activism that takes the abolition of the child welfare system as its starting point, rather than its reform. It explores the birth of the modern child welfare system in the 1950s as part of the white supremacist effort to punish Black communities that sought desegregation of schools and other... |
2021 |
| Mikaela Koski |
TYING A TRIBAL OFFICER'S HANDS: TRIBAL LAW ENFORCEMENT AUTHORITY UNDER UNITED STATES v. COOLEY |
126 Penn State Law Review 275 (Fall, 2021) |
American Indian reservations make up more than 56 million acres in the United States. The rules governing enforcement of criminal law in Indian Country are complex. While tribal law enforcement officers have authority within a tribe's reservation, they have reduced authority on public roads that run through the reservations, especially when they... |
2021 |
| Rephael G. Stern |
UNCERTAIN COMPARISONS: ZIONIST AND ISRAELI LINKS TO INDIA AND PAKISTAN IN THE AGE OF PARTITION AND DECOLONIZATION |
39 Law and History Review 451 (August, 2021) |
From the end of the Second World War to the mid-1950s, Zionist and (after May 1948) Israeli politicians and bureaucrats repeatedly studied the unfolding developments on the Indian subcontinent. The events in South Asia fueled Zionists/Israelis' analogical imagination: that is, the imagined analogy between the Yishuv (the pre-1948 Jewish community... |
2021 |
| Alyson Merlin |
UNENFORCED PROMISES: TREATY RIGHTS AS A MECHANISM TO ADDRESS THE IMPACT OF ENERGY PROJECTS NEAR TRIBAL LANDS |
11 Columbia Journal of Race and Law 373 (April, 2021) |
Treaties between the United States and Native nations are binding until abrogated by the clear and plain intent of Congress. Many treaties signed in the 18th and 19th centuries remain unabrogated, but are also unenforced by the courts of the United States. The Dewey Burdock Project is a proposed uranium mining operation which would sit adjacent to... |
2021 |
| Lauren van Schilfgaarde , Brett Lee Shelton |
USING PEACEMAKING CIRCLES TO INDIGENIZE TRIBAL CHILD WELFARE |
11 Columbia Journal of Race and Law 681 (July, 2021) |
Historical child welfare policies explicitly aimed to exterminate Indigenous culture and disrupt tribal cohesion. The remnants of these policies form the foundation for the contemporary child welfare system. These policies view the child as an isolated and interchangeable asset, over which parents enjoy property-like rights, and in which the child... |
2021 |
| Leslie A. Hagen , National Indian Country Training Coordinator, Office of Legal Education, Executive Office for United States Attorneys |
VIOLENT CRIME IN INDIAN COUNTRY AND THE FEDERAL RESPONSE |
69 Department of Justice Journal of Federal Law and Practice 79 (March, 2021) |
Domestic violence, sexual assault, and child abuse in tribal communities are significant issues, and they have deservedly received greater attention by the public, the criminal justice and social service systems, and the medical community during the past two decades. Some of these crimes are at the root of missing indigenous person cases. A person... |
2021 |
| Will Hyland |
VOTER ID: COMBATING VOTER FRAUD OR DISENFRANCHISING? A COMPREHENSIVE ANALYSIS OF VOTER ID LAWS, NATIVE AMERICAN DISENFRANCHISEMENT, AND THEIR INTERSECTION |
29 University of Miami International and Comparative Law Review 283 (Fall, 2021) |
This note discusses the contentious issue of voter ID laws and their ability to disproportionately affect various racial and ethnic groups, with specific attention paid to such laws' effects on Native Americans. Since the 2000 election catastrophe and subsequent changes to our election system, voter ID laws have become a hot-button issue. Many... |
2021 |
| Affie B. Ellis, Holland & Hart LLP, Cheyenne, Wyoming |
VOTING IN INDIAN COUNTRY THE VIEW FROM THE TRENCHES BY JEAN REITH SCHROEDEL |
44-FEB Wyoming Lawyer 16 (February, 2021) |
In the United States, there are 574 federally recognized American Indian tribes, each with their own history, culture, language and governing structure. Although tribal members enjoy U.S. citizenship, state citizenship and tribal citizenship, the right to vote in federal and state elections has not always been recognized. In fact, in many cases,... |
2021 |
| Kaighn Smith Jr. |
WHEN CONGRESS FORGETS: BREAKING THROUGH CONGRESS'S FAILURE TO MENTION INDIAN TRIBES IN FEDERAL EMPLOYMENT LAWS |
68-APR Federal Lawyer 8 (March/April, 2021) |
Congress's enactment of the Families First Coronavirus Response Act (FFCRA) on April 1, 2020, is a stark reminder that Indian tribes are often invisible to Congress when it enacts sweeping employment laws. Such invisibility dates as far back as the National Labor Relations Act of 1935 (NLRA). And it persists in a host of other laws, including the... |
2021 |
| Guillermo J. Garcia Sanchez |
WHEN DRILLS AND PIPELINES CROSS INDIGENOUS LANDS IN THE AMERICAS |
51 Seton Hall Law Review 1121 (2021) |
From the Missouri River, passing through the Sonora Desert, all the way down to the Amazon Forest and the Andean Mountains, drills and pipelines are crossing over indigenous lands. In an energy-thirsty continent, there is no land left to spare, not even tribal land. Many of these energy infrastructure projects involve international investments that... |
2021 |
| Paul Figueroa |
WHEN IMITATION IS NOT FLATTERY: ADDRESSING CULTURAL EXPLOITATION IN GUATEMALA THROUGH A SUI GENERIS MODEL |
46 Brigham Young University Law Review 979 (2021) |
Indigenous Guatemalan weavers are fighting for intellectual property laws that better protect their designs and other cultural expressions. The exploitation and appropriation by local and international companies has negatively affected the weavers' livelihoods and resulted in culturally inappropriate uses of spiritual and traditional symbols.... |
2021 |
| Melissa Tehee, Racheal Killgore, Sallie Mack, Devon S. Isaacs, Erica Ficklin |
WHEN JUSTICE DOES NOT WORK: A SOLUTION FOCUSED APPROACH TO VIOLENCE AGAINST NATIVE WOMEN IN INDIAN COUNTRY |
36 Wisconsin Journal of Law, Gender & Society 33 (Spring, 2021) |
INTRODUCTION. 34 I. VIOLENCE AGAINST NATIVE WOMEN. 35 II. JURISDICTIONAL PROBLEMS. 36 A. Criminal Jurisdiction in Indian Country. 36 i. Federal Policy. 36 ii. Policing, Investigations, and Evidence Collection. 38 iii. High Rates of Federal Declination. 40 iv. Missing and Murdered Indigenous Women, Girls, and Two Spirit (MMIWG2). 42 B. Civil... |
2021 |
| Adam Crepelle |
WHITE TAPE AND INDIAN WARDS: REMOVING THE FEDERAL BUREAUCRACY TO EMPOWER TRIBAL ECONOMIES AND SELF-GOVERNMENT |
54 University of Michigan Journal of Law Reform 563 (Spring, 2021) |
American Indians have the highest poverty rate in the United States, and dire poverty ensnares many reservations. With no private sector and abysmal infrastructure, reservations are frequently likened to third-world countries. Present-day Indian poverty is a direct consequence of present-day federal Indian law and policy. Two-hundred-year-old laws... |
2021 |
| Adam Crepelle |
WHITE TAPE AND INDIAN WARDS: REMOVING THE FEDERAL BUREAUCRACY TO EMPOWER TRIBAL ECONOMIES AND SELF-GOVERNMENT |
54 University of Michigan Journal of Law Reform 563 (Spring, 2021) |
American Indians have the highest poverty rate in the United States, and dire poverty ensnares many reservations. With no private sector and abysmal infrastructure, reservations are frequently likened to third-world countries. Present-day Indian poverty is a direct consequence of present-day federal Indian law and policy. Two-hundred-year-old laws... |
2021 |
| Eleanor Marie Lawrence Brown |
WHY BLACK HOMEOWNERS ARE MORE LIKELY TO BE CARIBBEAN AMERICAN THAN AFRICAN AMERICAN IN NEW YORK: A THEORY OF HOW EARLY WEST INDIAN MIGRANTS BROKE RACIAL CARTELS IN HOUSING |
61 American Journal of Legal History 3 (March, 2021) |
Why are the Black brownstone owners and landlords in Harlem and Brooklyn disproportionately West Indian? For students of housing discrimination, Black West Indian Americans have long presented a quandary. West Indian Americans generally own and rent higher quality housing than African Americans. These advantages began long ago. For example, when... |
2021 |
| Justin W. Aimonetti |
"MAGIC WORDS" AND ORIGINAL UNDERSTANDING: AN AMPLIFIED CLEAR STATEMENT RULE TO ABROGATE TRIBAL SOVEREIGN IMMUNITY |
2020 Pepperdine Law Review 1 (2020) |
There is not one example in all of history where the Supreme Court has found that Congress intended to abrogate tribal sovereign immunity without expressly mentioning Indian tribes somewhere in the statute. The Indian plenary power doctrine--an invention of the late nineteenth-century Supreme Court--grants Congress exclusive authority to... |
2020 |
| Elizabeth Hampton |
"THUS IN THE BEGINNING ALL THE WORLD WAS AMERICA": THE EFFECTS OF ANTI-PROTEST LEGISLATION AND AN AMERICAN CONQUEST CULTURE IN NATIVE SACRED SITES CASES |
44 American Indian Law Review 289 (2020) |
The United States remains the global leader for energy and raw materials pipeline networks, maintaining over 2.6 million miles of liquid, gas transmission, and gas distribution pipelines. Though economically lucrative, the industry is not without controversy. Since time immemorial, the energy sector has received harsh criticism for the... |
2020 |
| Emil Kranz |
11 U.S.C. § 541 AND D&O INSURANCE: AN ANALYSIS OF THE "INSURED versus INSURED" EXCLUSION IN A BANKRUPTCY CONTEXT FOLLOWING INDIAN HARBOR |
36 Emory Bankruptcy Developments Journal 143 (2020) |
Directors and Officers insurance has been a mainstay for most corporations for years. Included in most D&O insurance policies is what is referred to as an insured versus insured exclusion which prohibits an insured from filing suit against another insured. Section 541 of the Bankruptcy Code's creation of an estate has created a dichotomy amongst... |
2020 |
| Jordan Ramharter |
A MEETING OF THE MINDS: UTILIZING MAINE'S STATE EDUCATION SYSTEM TO PROMOTE THE SUCCESS OF ITS NATIVE STUDENTS WHILE MAINTAINING TRIBAL SOVEREIGNTY |
72 Maine Law Review 379 (2020) |
I. Introduction II. The Right to Equal Educational Opportunities III. Student Opportunity and Achievement Gaps IV. Federal Education-Based Legislation V. American Indians and Education The Federal Government's Use of the Plenary Power Doctrine Federal Legislation and the Bureau of Indian Education The Gaps in Native Students Opportunity &... |
2020 |
| Milan Kumar |
AMERICAN INDIANS AND THE RIGHT TO VOTE: WHY THE COURTS ARE NOT ENOUGH |
61 Boston College Law Review 1111 (March, 2020) |
American Indians and Alaska Natives face new barriers in exercising their fundamental right to vote. Recently, states have introduced and implemented facially neutral voting rules aimed at eliminating voter fraud. These rules, as well as strict voter identification and increased reliance on mail-in ballots, disproportionately suppress... |
2020 |
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AMERICA'S PLACE IN THE NEW WORLD ORDER |
44-SUM Fletcher Forum of World Affairs 75 (Summer, 2020) |
fletcher forum: In 2018, you criticized Google for its inexplicable choice to avoid working with the DoD while simultaneously pursuing deeper business ties with China. As the United States operates in an era of Great Power competition with China, how can and should it confront this trend in the private sector? general joseph dunford: First of all,... |
2020 |
| Alana Paris |
AN UNFAIR CROSS SECTION: FEDERAL JURISDICTION FOR INDIAN COUNTRY CRIMES DISMANTLES JURY COMMUNITY CONSCIENCE |
16 Northwestern Journal of Law & Social Policy 92 (Fall, 2020) |
Under the Sixth Amendment to the United States Constitution, federal jury pools must reflect a fair cross section of the community in which a crime is prosecuted and from which no distinct group in the community is excluded. The community in which a crime is prosecuted varies widely in Indian country based on legislative reforms enacted by Congress... |
2020 |
| Dr. Caroline Coker Coursey |
ARE INDIAN TRIBES REALLY "DOMESTIC DEPENDENT NATIONS?": THE FIGHT FOR SOVEREIGN IMMUNITY IN WILKES v. PCI GAMING AUTHORITY |
50 Cumberland Law Review 49 (2019-2020) |
Indian reservations are present in various states but are not subject to state rule. Instead, these reservations are tantamount to a foreign country with the right to govern themselves (in accordance with the United States Constitution), enjoy sovereign immunity, and trade with the United States under treaties. While these rights are elucidated in... |
2020 |
| Katie L. Gojevic |
BENEFIT OR BURDEN?: BRACKEEN v. ZINKE AND THE CONSTITUTIONALITY OF THE INDIAN CHILD WELFARE ACT |
68 Buffalo Law Review 247 (January, 2020) |
Officials seemingly would rather place Indian children in non-Indian settings where their Indian culture, their Indian traditions and, in general, their entire Indian way of life is smothered . [Agencies] strike at the heart of Indian communities by literally stealing Indian children. This course can only weaken rather than strengthen the Indian... |
2020 |
| Monte Mills |
BEYOND THE BELLONI DECISION: SOHAPPY v. SMITH AND THE MODERN ERA OF TRIBAL TREATY RIGHTS |
50 Environmental Law 387 (Spring, 2020) |
Indian tribes and their members are leading a revived political, legal, and social movement to protect the nation's natural resources. In doing so, tribes and their allies employ many effective strategies but core to the movement are the historic promises made to tribes by the United States through treaties. Tribes are asserting treaty-protected... |
2020 |
| Jayanth K. Krishnan |
BHOPAL IN THE FEDERAL COURTS: HOW INDIAN VICTIMS FAILED TO GET JUSTICE IN THE UNITED STATES |
72 Rutgers University Law Review 705 (Spring, 2020) |
Over thirty-five years ago, the city of Bhopal, India, witnessed a horrific gas leak that originated from a facility operated by Union Carbide India Limited (UCIL), which had as its parent company the American-based Union Carbide Corporation (UCC). Thousands were killed, with many more injured. One hundred forty-five cases were filed throughout... |
2020 |
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CHAPTER FOUR ALOHA 'INA: NATIVE HAWAIIAN LAND RESTITUTION |
133 Harvard Law Review 2148 (April, 2020) |
When I speak at this time of the Hawaiian people, I refer to the children of the soil--the native inhabitants of the Hawaiian Islands and their descendants. --Queen Lili'uokalani Mauna Kea, a dormant volcano on the island of Hawai'i, is home to sacred practices of the Native Hawaiian people--including the burial of sacred ancestors --and, of more... |
2020 |
| Lisset M. Pino |
COLONIZING HISTORY: RICE v. CAYETANO AND THE FIGHT FOR NATIVE HAWAIIAN SELF-DETERMINATION |
129 Yale Law Journal 2574 (June, 2020) |
Rice v. Cayetano involved a challenge to the voting qualifications for Hawai'i's Office of Hawaiian Affairs (OHA). Created during the 1978 Hawaiian Constitutional Convention, OHA manages lands held in trust for Native Hawaiians. To ensure OHA was representative of its constituents, voting for OHA trustees was initially restricted to... |
2020 |
| Carly Gillespie |
COLUMBUS'S LEGACY: TRAFFICKING OF NATIVE AMERICAN WOMEN IN THE 21ST CENTURY |
71 South Carolina Law Review 685 (Spring, 2020) |
I. Introduction. 686 II. Background. 689 A. Statistics of Human Trafficking on Reservations, or Lack Thereof. 689 B. Categories of Intergenerational Trauma. 691 1. History of Oppression and Objectification. 691 2. Intergenerational Trauma. 695 C. Specific Vulnerabilities of Native Women. 696 D. Man Camps, Casinos, and Tourism. 698 III. Inadequacies... |
2020 |
| Leanne Gale, Kelly McClure |
COMMANDEERING CONFRONTATION: A NOVEL THREAT TO THE INDIAN CHILD WELFARE ACT AND TRIBAL SOVEREIGNTY |
39 Yale Law and Policy Review 292 (Fall, 2020) |
Congress enacted the Indian Child Welfare Act (ICWA) in 1978 to address abuses by state and private child welfare agencies that resulted in the forced removal of roughly one-third of all Indian children from their families. However, four decades after the passage of the law, opponents of ICWA make the novel argument that it impermissibly... |
2020 |
| Genevieve Frances Steel |
CONSTRUCTING THE TRIDENT OF THE REASONABLE PERSON: ENOUGH IS ENOUGH! IT'S TIME FOR THE REASONABLE INDIAN STANDARD |
12 Elon Law Review 62 (2020) |
I. Introduction. 64 II. Background. 68 A. American Indian Statistics. 68 B. Historical Trauma. 71 1. American Indian Genocide. 73 2. Colonization and Boarding Schools. 75 C. Trauma Affects Cognition, Emotional Control, and Reasoning. 77 D. Acculturation and Its Effect on Native Health. 81 III. The Reasonable Indian Standard. 84 A. The Reasonable... |
2020 |
| Hannah Gordon |
COWBOYS AND INDIANS: SETTLER COLONIALISM AND THE DOG WHISTLE IN U.S. IMMIGRATION POLICY |
74 University of Miami Law Review 520 (Winter, 2020) |
The nineteenth-century Indian problem has become the twenty-first century border crisis. While the United States fancies itself a nation of immigrants, this rhetoric is impossible to square with the reality of the systematic exclusion of migrants of color. In particular, the Trump administration has taken the exclusion of migrants descended from... |
2020 |
| Sammy Matsaw , Dylan Hedden-Nicely , Barbara Cosens |
CULTURAL LINGUISTICS AND TREATY LANGUAGE: A MODERNIZED APPROACH TO INTERPRETING TREATY LANGUAGE TO CAPTURE THE TRIBE'S UNDERSTANDING |
50 Environmental Law 415 (Spring, 2020) |
Language is a reflection of a thought world. A worldview that has been shaped by place to describe one's identity in space and time does not equate to species relatedness as a default to know one another. In the legal system of the United States, there is acknowledgement of treaties in colonized lands that there are rights granted from the tribes... |
2020 |
| Iantha M. Haight |
DIGITAL NATIVES, TECHNO-TRANSPLANTS: FRAMING MINIMUM TECHNOLOGY STANDARDS FOR LAW SCHOOL GRADUATES |
44 Journal of the Legal Profession 175 (Spring, 2020) |
Adjustments need to be made to legal education for new attorneys to be ready for the technological demands of legal practice. In 2012, the American Bar Association added a duty of technology competence to the standard for general competence in the Model Rules of Professional Conduct, which has now been adopted by 38 states. The new Comment 8 to... |
2020 |