| Author | Title | Citation | Summary | Year |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |