| Author | Title | Citation | Summary | Year |
| |
FEDERAL INDIAN LAW -- TRIBAL JURISDICTION -- NINTH CIRCUIT DENIES REHEARING EN BANC TO CONSIDER WHETHER NONMEMBER PHYSICAL PRESENCE ON TRIBAL LANDS IS REQUIRED FOR TRIBAL ADJUDICATORY JURISDICTION. -- LEXINGTON INSURANCE CO. v. SMITH, 117 F.4TH 1106 (9TH |
138 Harvard Law Review 1689 (April, 2025) |
Chief Justice John Marshall recognized that Indian tribes are distinct, independent political communities, retaining their original natural rights, as the undisputed possessors of the soil, from time immemorial. But he also described tribes as domestic dependent nations. In the last half century, the Supreme Court has used the latter rationale... |
2025 |
| Dan Lewerenz |
FEDERAL INDIAN LAW IN A TIME OF JUDICIAL SELF-AGGRANDIZEMENT |
77 Stanford Law Review Online 121 (June, 2025) |
The Supreme Court is accumulating power. Call it concentrating power in the court, a judicial power grab, or (as a growing number of scholars are calling it) judicial aggrandizement or judicial self-aggrandizement. Each of these ideas describes a Supreme Court that is upsetting accepted notions of the separation of powers--accumulating... |
2025 |
| Ian A. Lutz |
FEDERAL INDIAN LAW--ABANDONING THE WARD: FEDERAL GOVERNMENT HAS NO AFFIRMATIVE DUTY TO SECURE WATER FOR NAVAJO NATION--ARIZONA v. NAVAJO NATION, 599 U.S. 555 (2023) |
58 Suffolk University Law Review 363 (2025) |
The federal government's reservation of land for an Indian tribe impliedly gives the tribe reserved rights to fully use all water sources on that land. Although the Supreme Court of the United States has occasionally clarified these rights to allow several Indian reservations to receive specific, quantified amounts of water, the Court has... |
2025 |
| Aila Hoss |
FEDERAL STATUTORY AND REGULATORY DEFINITIONS OF "INDIAN" |
110 Iowa Law Review Online 135 (2025) |
I took Federal Indian Law in the fall of my 3L year of law school. It was a course that changed the trajectory of my career and my life. I remember vividly reading in my textbook, the 6th edition of Professor Getches and colleagues' Federal Indian Law published by West, about how heavily federal law regulated the rights of Native people. This... |
2025 |
| Paul Stanton Kibel , L. Victoria Wang |
FIRST IN TIME SINCE TIME IMMEMORIAL: TRIBAL INSTREAM RIGHTS UNDERCUT WATER TAKING CLAIMS |
13 American Indian Law Journal 1 (January, 2025) |
Courts have held that American Indian tribal fishery rights can give rise to tribal instream flow rights. They have also held that the curtailment of rights of diversion to protect fisheries under the Federal Endangered Species Act may give rise to potential takings claims under the Fifth Amendment of the United States Constitution. In its 2019... |
2025 |
| Sydney Shearouse |
FLOWING JUSTICE: QUANTIFYING WATER RIGHTS IN THE WAKE OF ARIZONA v. NAVAJO NATION--NAVIGATING THE LEGAL OASIS FOR NATIVE AMERICAN WATER SOVEREIGNTY |
11 Texas A&M Journal of Property Law 433 (15-Feb-25) |
Climate change has spurred a meteoric rise in environmental disputes particularly in arid climates where water shortages have become increasingly commonplace. Water rights controversies rise to the fore of public discourse as awareness and acceptance of climate change--and its impact on scarce resources--have become a near universal norm. These... |
2025 |
| Axana M. Soltan JD, LL.M, MP.P |
FROM THE U.N. DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES TO THE PARIS AGREEMENT: EMBEDDING INDIGENOUS HUMAN RIGHTS IN INTERNATIONAL ENVIRONMENTAL GOVERNANCE |
94 UMKC Law Review 141 (Fall, 2025) |
In the face of escalating global environmental challenges, indigenous communities stand at a critical intersection--both as the stewards of the Earth's most vital ecosystems and as some of the most vulnerable populations to environmental degradation. Yet, these communities are disproportionately affected by deforestation, mining, climate change,... |
2025 |
| Eliza Faye Lafferty |
GROWING INDIGENOUS FOOD SOVEREIGNTY IN THE USMCA |
65 Virginia Journal of International Law Online 1 (2025) |
Mexico is home to fifty-nine native corn varieties, which Indigenous Peoples have cultivated for thousands of years. Indigenous Peoples' control of their native corn production is an issue of food sovereignty and biodiversity--they should be empowered to use traditional methods that are culturally and environmentally appropriate. Genetically... |
2025 |
| Michael O'Hora, Paul Rink |
INCORPORATING INDIGENOUS STEWARDSHIP IN LAND MANAGEMENT |
39-WTR Natural Resources & Environment 37 (Winter, 2025) |
In 2017, New Zealand (known to the Mori people as Aotearoa) passed groundbreaking legislation granting legal personhood to the Whanganui River after over a century of recurring legal efforts and political pressure by the Mori. Dana Zartner, Watching Whanganui & the Lessons of Lake Erie: Effective Realization of Rights of Nature Laws, 22 Vt. J.... |
2025 |
| Trevor Funseth |
INDIAN CASINOS UNDER THE BIG SKY: WHY TRIBES IN OTHER STATES HAVE BEEN MORE SUCCESSFUL WITH GAMING AND THE PATH FORWARD FOR MONTANA'S TRIBES |
86 Montana Law Review 423 (Summer, 2025) |
The most successful method of economic development for many Indian tribes in the United States has been gaming. Tribes across the country have risen out of poverty through their casino operations and have been able to use the profits to diversify their investments and improve tribal infrastructure, education, and social programs. The seven Indian... |
2025 |
| Jacob Schuman |
INDIAN COUNTRY SUPERVISION |
100 New York University Law Review 1148 (October, 2025) |
In 2023, the Department of Justice published its first-ever report on demographic disparities in revocations of community supervision, a critical yet under-studied part of the federal criminal justice system. The report revealed extreme and systematic disparities affecting American Indian defendants. Compared to other groups, American Indians were... |
2025 |
| Sidney Paulina Williams |
INDIAN WATER RIGHTS SETTLEMENTS AND THE ANIMAS-LA PLATA PROJECT: A SELF-FULFILLING PROPHECY OF DEPENDENCY |
86 Montana Law Review 471 (Summer, 2025) |
I. Introduction. 472 II. The Ute Indians: A History of Disturbances. 473 A. Mutable Relations and Policies of Encroachment. 474 B. Reservation Boundaries: Isolation, Incorporation, and Termination. 477 C. Tribal Integration: Conditional Terms of Dependency. 479 D. Tribal Capacity and Resource Management. 481 III. The Language of the Law:... |
2025 |
| Niv Ovadia, Elisa Rivas |
INDIGENOUS CHILDREN AND ENVIRONMENTAL RACISM |
40-FALL Natural Resources & Environment 28 (Fall, 2025) |
Across the United States, Indigenous children face a hidden but devastating threat: environmental racism. Often defined as the disproportionate exposure of marginalized communities to pollution and environmental hazards, environmental racism results from policies that neglect or actively harm these populations. From undrinkable water to toxic land,... |
2025 |
| Bill Piatt, Karagan Carson, Meghan Monahan, Makayla Perez |
INDIGENOUS COMMUNITIES SUFFER MULTI-GENERATIONAL TRAUMA ("SUSTO") FROM THE TRAFFICKING AND SLAVERY OF NATIVE WOMEN AND CHILDREN |
27 Scholar: St. Mary's Law Review on Race and Social Justice 1 (2025) |
L1-2Introduction . R32. I. Native Trafficking and Slavery Preceded European Arrivals. 2 II. European Enslavement and the Participation of Natives. 8 III. Contemporary Examination of the Trauma Suffered by Child Victims. 13 A. Types of Trauma, Effects, and Repeat Victimization. 15 B. Prevalence of Child Trafficking in the United States and Globally.... |
2025 |
| Kristen A. Carpenter |
INDIGENOUS PEOPLES IN INTERNATIONAL (TREATY) DIPLOMACY |
71 UCLA Law Review 1622 (July, 2025) |
International diplomacy has traditionally been considered the exclusive prerogative of states, who engage with each other on matters of peace, conflict, and trade with an eye to national interests and global wellbeing. This is one of a series of works considering Indigenous Diplomacy--a practice in which Indigenous Peoples engage with states, as... |
2025 |
| Darren Parry |
INDIGENOUS PERSPECTIVE TO CLIMATE AND ENVIRONMENT |
58 U.C. Davis Law Review 2569 (June, 2025) |
Centuries ago, the smoke of his wigwam and the fires from his council meetings rose in every village. The young listened to the songs and the tales of bygone years; they listened and learned, so that someday they might also repeat the same. The mothers took time to play with their children and taught them to love and to appreciate the simplest joys... |
2025 |
| Diane Francis, Wenona T. Singel, Wayne Garnons-Williams |
INDIGENOUS RECONCILIATION AND DEVELOPMENT |
49 Canada-United States Law Journal 80 (2025) |
Mr. STEPHEN PETRAS: Alright, everyone. We're about to start our afternoon program with our first panel of the afternoon, which is Indigenous Reconciliation and Development. I'm going to introduce our moderator, Diane Francis, she'll introduce her panelists, and we'll begin the panel discussion. We're very happy to have Diane Francis with us. She's... |
2025 |
| Angela R. Riley |
INDIGENOUS RIGHTS TO CULTURE: WHAT'S NEXT? |
77 Stanford Law Review Online 161 (June, 2025) |
For more than two centuries, the United States has maintained--in law and in practice--a colonial system designed to destroy Indigenous peoples' culture. My work has explored this phenomenon from a property lens, explaining how attacks on Indigenous cultures traverse and encompass all categories of property, including real, tangible, and... |
2025 |
| Evan Gamble |
INTO THE JURISDICTIONVERSE: HOW TANGLED JURISDICTIONAL LINES AROUND INDIAN COUNTRY THWART ATTEMPTS TO END THE CRISIS OF MISSING AND MURDERED INDIGENOUS WOMEN |
49 American Indian Law Review 57 (2025) |
In the Tribal Law and Order Act of 2010, Congress found that sexual violence against American Indian and Alaska Native women has reached epidemic proportions. Fourteen years later, the epidemic still rages on. The stated purpose of the Tribal Law and Order Act was to clarify who is responsible for crimes committed in Indian country.... |
2025 |
| Yucong Wang |
INVESTMENT v. CULTURAL DIVERSITY: RECONCILING THE PROTECTION OF FOREIGN INVESTMENTS WITH HERITAGE PRESERVATION AND INDIGENOUS RIGHTS |
57 George Washington International Law Review 333 (2025) |
Arbitrators of an emerging class of international investment disputes face the bedeviling problem of determining whether it is permissible for host states to regulate to protect cultural diversity--including heritage sites and Indigenous rights--in circumstances where the measures cause unintentional devaluation of foreign investments. Their task... |
2025 |
| Chief Justice Gregory D. Smith |
IS SAYING "I'M SORRY" ENOUGH? A PRIMER ON HOW ATTORNEYS & JUDGES CAN ACT JUSTLY IN TRIBAL DISPUTES |
30 Texas Journal on Civil Liberties & Civil Rights 196 (Spring, 2025) |
Introduction. 196 I. Honor Over Politics. 198 II. Culture, Not Caricature. 201 III. Listen, Don't Lecture. 205 IV. Use the Right Tools. 209 Conclusion. 212 |
2025 |
| Adam Crepelle |
JUDICIAL IMPERIALISM: THE SUPREME COURT'S ASSAULT ON TRIBAL SOVEREIGNTY AND THE RULE OF LAW |
102 Washington University Law Review 1331 (2025) |
The rule of law requires predictability, and the rules governing Indian country create uncertainty. For example, determining whether a person can be arrested on a reservation depends upon a combination of whether the victim and perpetrators are Indians, the type of crime, and the status of the land where the incident occurred. The same goes for... |
2025 |
| Jennifer Keute |
JUDICIAL RELIEF ISN'T ENOUGH: HOW FEDERAL PROTECTION OF NATIVE AMERICAN CULTURAL LANDSCAPES LIMIT RELIGIOUS FREEDOMS |
15 UC Irvine Law Review 665 (August, 2025) |
Political freedom cannot exist in any land where religion controls the state, and religious freedom cannot exist in any land where the state controls religion. -- Sen. Sam J. Ervin Jr. Introduction. 666 I. Limitations of Constitutional and Statutory Protection of Native American Religious Sites. 670 A. First Amendment Protection and the American... |
2025 |
| Patrice Kunesh |
KEYNOTE SPEECH FROM THE 2025 INDIAN NATIONS GAMING & GOVERNANCE PROGRAM'S SYMPOSIUM: TRENDS & TRIUMPHS |
15 UNLV Gaming Law Journal 337 (Spring, 2025) |
Patrice H. Kunesh, of Standing Rock Lakota descent, has committed her career to public service, including several positions at the tribal, state, and federal levels. Kunesh began her legal career at the Native American Rights Fund, where her work centered on jurisdiction and natural resources, nation building, and Indian child welfare matters. She... |
2025 |
| Victoria Carpenter |
LAWS, POLICIES, AND REGULATIONS AFFECTING FLORIDA'S INDIAN RIVER LAGOON |
24 Connecticut Public Interest Law Journal 288 (2024-2025) |
C1-2Table of Contents I. The History of the Indian River Lagoon: An Overview. 289 II. An Estuary in Distress: A Call to Action. 290 III. Federal Laws, Regulations, and Policies that Affect the Indian River Lagoon. 291 The Federal Water Pollution Control Act (FWPCA) of 1948. 292 The National Environmental Policy Act (NEPA) of 1970. 292 The Clean... |
2025 |
| Morgan O. Schaack |
LEVERAGING THE FEDERAL TRUST RESPONSIBILITY TO SAFEGUARD NET NEUTRALITY ON TRIBAL LANDS |
92 University of Chicago Law Review 1489 (September, 2025) |
The internet plays a crucial role in modern life, but equal access to it is not guaranteed. This inequality is only starker since the recent overruling of the Chevron doctrine that afforded agencies deference in their interpretation of statutes and the second Trump administration's hostility toward net neutrality--a policy that prevents internet... |
2025 |
| Lori McPherson , Senior Policy Advisor, Sex Offender Investigations Branch, United States Marshals Service |
MAQUILADORAS, INDIGENOUS COMMUNITIES, AND THE RISK POSED BY TRAVELING SEX OFFENDERS IN TWO BORDER CITIES |
73 Department of Justice Journal of Federal Law and Practice 79 (August, 2025) |
Running for over 1,900 miles, the U.S.-Mexico border has long been a location for trade and migration. The current border between the two countries was finalized in 1853, just a few years before the U.S. Civil War. Up until the late 20th Century, the northern border region in Mexico was a kind of no man's land, isolated from the rest of the... |
2025 |
| S. James Anaya |
MINING ASSOCIATION POSITION STATEMENT ON INDIGENOUS PEOPLES: RESPECT FOR THEIR RIGHTS ADVANCED, WITH SOME SHORTCOMINGS |
36 Colorado Environmental Law Journal 197 (Spring, 2025) |
C1-2Table of Contents Introduction. 197 I. Conceptual Framework: Responsibility to Respect the Rights of Indigenous Peoples. 199 II. Due Diligence. 203 III. Engagement and Agreement. 207 IV. The Scenario of No Agreement. 210 Conclusion. 216 |
2025 |
| Olivia Taylor & Taylor Weinstein |
NAGPRA REGULATIONS PROMPT VALUATION QUESTIONS FOR REPATRIATED NATIVE AMERICAN CULTURAL OBJECTS |
36 Taxation of Exempts 17 (May/June, 2025) |
Under these regulations, museums and federal agencies are required to obtain free, prior, informed consent from lineal descendants, Indian Tribes, or Native Hawaiian organizations to exhibit, access, or research human remains or cultural items, or else face civil penalties. In January 2024, photographs of sheets covering museum exhibitions... |
2025 |
| Kristine Huskey, Hillary Wandler, in Collaboration with Jacquelyn Francisco, Lindsey Kirchhoff |
NATIVE AMERICAN VETERANS: ACKNOWLEDGING THEIR SERVICE, RECOGNIZING THEIR NEEDS, AND LEARNING FROM THEIR TRIBAL RESTORATIVE TRADITION |
21 University of Saint Thomas Law Journal 108 (Winter, 2025) |
Native Americans have a long tradition of service in the US military, dating back to the war fought to gain independence. Their service has been characterized by extraordinarily higher numbers proportionate to other minorities as well as a Warrior Tradition, embodied in their experiences, cultures, and religions for generations. This tradition... |
2025 |
| Rajpreet K. Grewal , Melissa K. Scanlan |
NAVIGATING ROUGH WATERS AFTER SACKETT v. EPA: FEDERAL, TRIBAL, AND STATE STRATEGIES |
50 Columbia Journal of Environmental Law 61 (2025) |
The Clean Water Act is the primary federal law regulating impacts to water resources and water quality in the United States. Congress asserted the focus of the Act in the first section: to restore and maintain the chemical, physical, and biological integrity of the Nation's waters. Federal jurisdiction to implement this focus for many of the Act's... |
2025 |
| Vikrant Rana, Shilpi Saurav Sharan, Managing Partner, S.S. Rana & Co., New Delhi, India, E-mail: vikrant@ssrana.com, Managing Associate, S.S. Rana & Co., New Delhi, India, E-mail: lra@ssrana.in |
NAVIGATING THE INDIAN LANDSCAPE ON SEP DISPUTES AND FRAND LITIGATION |
60 les Nouvelles 36 (March, 2025) |
With a colossal telecom subscriber base of 1203.6 million, India has the second-largest telecommunication market in the world. These numbers indicate the paramount and emerging importance of the telecom industry and telecom-related technologies in the Indian sub-continent, which goes on to exemplify the substance of Standard Essential Patents... |
2025 |
| Brandon Dodds |
OLD HABITS DIE HARD: HOW THE MAINE INDIAN CLAIMS SETTLEMENT ACT PERPETUATES SETTLER COLONIALISM AND DENIES INDIGENOUS SOVEREIGNTY |
74 Emory Law Journal Online 67 (7-Apr-25) |
Around the time it was passed, the Maine Indian Claims Settlement Act of 1980 was considered by many to be a great victory for the Wabanaki Nations in Maine. But in the decades since, the Act has substantially hindered the Wabanaki Nations' self-determination efforts. Frequent litigation between the Nations and the state of Maine, narrow... |
2025 |
| James Thomas Tucker, Jacqueline De León, Daniel Craig McCool |
OVERCOMING THE BARRIERS THAT NATIVE AMERICANS FACE IN THE VOTING PROCESS |
53 Urban Lawyer 243 (Spring, 2025) |
Since 1970, the Native American Rights Fund (NARF) has provided legal assistance to Indian tribes, organizations, and individuals nationwide who might otherwise have gone without adequate representation. NARF has successfully asserted and defended the most important rights of Indians and tribes in hundreds of major cases, achieving significant... |
2025 |
| Monte Mills, Martin Nie |
PLANNING A NEW PARADIGM: TRIBAL CO-STEWARDSHIP AND FEDERAL PUBLIC LANDS PLANNING |
36 Colorado Environmental Law Journal 279 (Spring, 2025) |
Planning is a critical part of the federal government's management of the nation's public lands. Over the last half-century, Congress has mandated that each of the four major public land management agencies; the U.S. Forest Service, the Bureau of Land Management, the U.S. Fish and Wildlife Service, and the National Park Service, develop and rely on... |
2025 |
| Bethany R. Berger |
PREEMPTING COLONIALISM: THE CONSTITUTIONAL & STRUCTURAL DIMENSIONS OF FEDERAL INDIAN LAW PREEMPTION |
58 U.C. Davis Law Review 2045 (April, 2025) |
In federal Indian law, preemption is about preempting colonialism. This may seem strange; preemption classically blocks the authority of non-federal sovereigns. In Indian affairs, however, preempting state law creates room for Indigenous sovereignty, allowing tribal governments to shape the social, economic, and cultural conditions for their... |
2025 |
| Ezra Rosser |
PROGRESS AND THE TAKING OF INDIGENOUS LAND |
85 Ohio State Law Journal 623 (2025) |
The taking of Indigenous land to further other societal goals is so ubiquitous and fundamental to the American project that sometimes acts of dispossession are not even recognized as such. This Article argues that the generally accepted understanding of Hawaii Housing Authority v. Midkiff, a key case in the American takings law canon, overlooks... |
2025 |
| Michelle Diffenderfer, Christopher Johns |
PROTECTING TRIBAL INTERESTS IN WATER |
39-WTR Natural Resources & Environment 18 (Winter, 2025) |
On May 2, 2024, the U.S. Environmental Protection Agency (EPA) published its final rule titled Water Quality Standards Regulatory Revisions to Protect Tribal Reserved Rights. 89 Fed. Reg. 35,717 (May 2, 2024) (Final Rule). The Final Rule aims to provide a regulatory framework for states and tribes to use when establishing or revising water quality... |
2025 |
| Christian Zavardino |
RECOGNITION POLICIES, SELF-DETERMINATION, AND ACCESS TO LEGAL REDRESS FOR INDIGENOUS PEOPLES IN THE UNITED STATES, AUSTRALIA, AND CANADA: A COMPARATIVE STUDY |
8 Cardozo International & Comparative Law Review 209 (Winter, 2025) |
I. Introduction. 209 II. United States Federal Indian Laws Regarding Tribal Recognition Compared with New York State Indian Tribal Recognition Laws. 215 A. The Historical Background and Context of U.S. Federal and New York State Law. 216 1. Federal Indian Law and Policy. 216 a. The Modern Federal Recognition Process and State Recognition. 221 i.... |
2025 |
| Ariana Kravetz |
RECTIFYING HISTORICAL WRONGS: THE CASE FOR THE INDIGENOUS' INHERENT RIGHT TO SELF--GOVERN CHILD WELFARE IN CANADA |
56 University of Miami Inter-American Law Review 289 (Spring, 2025) |
I. Introduction. 289 II. Historical Context Leading to the Passage of an Act Respecting First Nations, Inuit and Métis Children, Youth, and Families. 291 A. Creation of the Indian Act. 291 B. Residential Schools and Sixties Scoop. 295 C. Birth Alerts. 298 D. Resistance Reports. 299 E. Indigenous Children in the Foster Care System. 300 III.... |
2025 |
| Astha Pandey, M.P. Ram Mohan |
RE-EVALUATING CORPORATE PURPOSE: A CRITICAL ASSESSMENT OF THE INDIAN STAKEHOLDER GOVERNANCE FRAMEWORK THROUGH A HISTORICAL AND COMPARATIVE ANALYSIS |
49 Delaware Journal of Corporate Law 245 (2025) |
In the last century, the meaning and interpretation of the purpose of the corporation has undergone a succession of ideological shifts. Corporate purpose has become the prime focus of wide-ranging debates over the shareholder primacy versus the stakeholder primacy conceptualization of the corporation. While this debate is not new, in recent times,... |
2025 |
| Shelley Ross Saxer |
RESPONSE TO PROGRESS AND THE TAKING OF INDIGENOUS LAND BY EZRA ROSSER THE TRUTH ABOUT MIDKIFF JUSTIFIES KELO'S REVERSAL |
86 Ohio State Law Journal Online 167 (2025) |
I. Introduction. 1 II. The Midkiff Briefs. 3 III. Dispossession of Indigenous Peoples. 6 IV. Eminent Domain as a Discrimination Tool. 7 V. The Inevitability of Kelo and the Dissent's Duplicity. 9 VI. Applying Intermediate Scrutiny in Midkiff?. 10 VII. Conclusion. 122 |
2025 |
| Robert J. W. Clift , James F. Hemphill , Samara Wessel , Lauren N. Currie |
RISK ASSESSMENT AND RECIDIVISM AMONG INDIGENOUS AND NON-INDIGENOUS PERSONS: A META-ANALYSIS |
46 Law and Human Behavior 491 (December, 2025) |
Objective: Risk assessment measures are commonly used in forensic and criminal justice settings to evaluate risk of future recidivism. The use of these measures among Indigenous persons has been the subject of clinical, professional, and legal interest. We sought to add to the literature by examining three frequently studied and clinically used... |
2025 |
| Adam Crepelle |
ROBOTS AND (INDIAN) RESERVATIONS: A JURISDICTIONAL NIGHTMARE WAITING TO HAPPEN |
22 Northwestern Journal of Technology & Intellectual Property 313 (Spring, 2025) |
Abstract--Advances in artificial intelligence are expanding the possibilities of robots. Indeed, robots are now engaging in numerous activities previously thought to require human cognition, such as driving cars and diagnosing diseases. Scholars have published numerous articles examining the intersection of law and robots across myriad fields.... |
2025 |
| Amanda Litman |
RUN FOR SOMETHING: STATE, LOCAL, TRIBAL, AND TERRITORIAL |
51 Human Rights 40 (October, 2025) |
The issues keeping most Americans up at night are often determined by small groups of people you've likely never heard of. Not a shadowy, conspiratorial deep state--but rather, school boards, city halls, and county commissions, where some of the biggest fights over issues like education, housing costs, and climate disaster response are won or lost.... |
2025 |
| Isaac Cui |
SEPARATION-OF-POWERS FORMALISM AND FEDERAL INDIAN LAW: THE QUESTION OF EXECUTIVE ORDER RESERVATIONS |
77 Stanford Law Review Online 205 (June, 2025) |
The creation of Indian reservations largely coincided with and was facilitated by the development of presidential authority to withdraw public lands for Indian purposes. Of the roughly 42.8 million acres of total tribal trust lands in 1951, slightly over 23 million were set aside through executive order. That number far dwarfs any other method by... |
2025 |
| Thomas P. Schlosser |
SEPTEMBER 2023 -- AUGUST 2024 |
13 American Indian Law Journal 43 (May, 2025) |
I. INTRODUCTION. 3 II. UNITED STATES SUPREME COURT. 3 III. OTHER COURTS. 4 A. Administrative Law. 4 B. Child Welfare Law And ICWA. 19 C. Contracting. 29 D. Employment. 38 E. Environmental Regulations. 41 F. Fisheries, Water, FERC, BOR. 48 G. Gaming. 72 H. Jurisdiction, Federal. 79 I. Religious Freedom. 99 J. Sovereign Immunity. 108 K. Sovereignty,... |
2025 |
| Sarah Deer |
SEXUAL ASSAULT IN TRIBAL APPELLATE COURTS: CASE STUDIES OF TRIBAL JURISPRUDENCE |
73 University of Kansas Law Review 781 (April, 2025) |
For centuries, Tribal Nations have exercised inherent sovereignty to address crimes, including sexual violence, within their communities. A myriad of colonial interventions, including the imposition of federal and state criminal jurisdiction, have disrupted the development of tribal legal systems, especially in the latter half of the twentieth... |
2025 |
| Claire Lingley |
SHIFTING CURRENTS: THE NEXUS BETWEEN MAJOR PROJECT DEVELOPMENT, WATER, AND INDIGENOUS ENGAGEMENT |
56 ABA Trends 4 (July/August, 2025) |
Canada's regulatory framework for major projects is both divided and overlapping: municipalities govern stormwater, zoning, and infrastructure; the federal government has jurisdiction over fish and fish habitats, oceans and boundary waters, and transboundary impacts; and provinces, where most water-related regulation occurs, has the primary... |
2025 |
| Katya Lancero Norris |
SHOULD TRIBES "BAN THE BOX"? |
61-AUG Arizona Attorney 22 (July/August, 2025) |
So-called ban-the-box legislation (also sometimes called fair chance legislation) arose from the idea that employers should consider a candidate's qualifications first--without the stigma of a checked box on a job application reflecting a history of a past criminal arrest or conviction. In this way, banning the box provides a second chance for... |
2025 |