| Author | Title | Citation | Summary | Year |
| 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 |
| Kevin Morrow |
Bridging the Jurisdictional Void: Cross-deputization Agreements in Indian Country |
94 North Dakota Law Review 65 (2019) |
If I give you authority on the Res, we'll have to get everything we need in less than two weeks. 'Cause that's how long I'd have before I'm drummed out of a job. This Article examines cross-deputization agreements in Indian Country, focusing on the relationship between tribes and state and local governments and the impact cross-deputization... |
2019 |
| Curtis G. Berkey , Scott W. Williams |
California Indian Tribes and the Marine Life Protection Act: the Seeds of a Partnership to Preserve Natural Resources |
43 American Indian Law Review 307 (2019) |
The United States Supreme Court long ago described states as the deadliest enemies of Indian tribes. California's relationship with the Indian tribes within its borders has too often reflected the truth of that characterization. In recent years, however, there are promising signs that California and Indian tribes have taken a new direction. If... |
2019 |
| Curtis G. Berkey , Scott W. Williams |
CALIFORNIA INDIAN TRIBES AND THE MARINE LIFE PROTECTION ACT: THE SEEDS OF A PARTNERSHIP TO PRESERVE NATURAL RESOURCES |
43 American Indian Law Review 307 (2019) |
The United States Supreme Court long ago described states as the deadliest enemies of Indian tribes. California's relationship with the Indian tribes within its borders has too often reflected the truth of that characterization. In recent years, however, there are promising signs that California and Indian tribes have taken a new direction. If... |
2019 |
| Monte Mills, Counsel of Record, Associate Professor, Alexander Blewett III School of Law at the University of Montana, Missoula, MT 59812, (406) 243-2544, monte.mills@umontana.edu, Counsel for Amici Curiae Indian Law Professors, September 11, 2018 |
Clayvin B. Herrera, Petitioner, V. State of Wyoming, Respondent |
40 Public Land & Resources Law Review 15 (2019) |
C1-2TABLE OF CONTENTS Table of Authorities. 17 Interest of Amici Curiae. 20 Summary of the Argument. 20 Argument. 22 I. As the Supreme Law of the Land, Indian Treaties Establish the Central Tenets of Federal Indian Law. 22 II. The Court Developed and Relies on Long-standing Principles of Interpretation for Analyzing Indian Treaties. 23 III. The... |
2019 |
| Michelle Snoberger |
Cleaning the Indian River with Common Law |
34 Journal of Land Use & Environmental Law 341 (Spring, 2019) |
I. Introduction. 341 II. Background. 343 A. Background on the Indian River Lagoon. 343 B. Background on Septic Tanks. 344 III. Law. 345 A. Introduction to Common Law of Nuisance. 345 B. Statutory Law. 347 C. Case Law. 349 1. Palazzolo. 349 2. Orlando Sports Stadium. 351 3. National Container. 352 4. Penn v. City of Lakeland. 353 5. Remedies... |
2019 |
| Awi Mona (Chih-Wei Tsai) |
Conceptualizing Indigenous Historical Justice Toward a Mutual Reconciliation with State in Taiwan |
28 Washington International Law Journal 653 (July, 2019) |
Transitional justice has received considerable attention in recent years in Taiwan. Despite all this attention, transitional justice is an issue that remains incomplete without addressing justice for indigenous peoples. This paper aims to focus on the essential characteristics of indigenous justice against the successive alien regimes.... |
2019 |
| Hillary M. Hoffmann |
Congressional Plenary Power and Indigenous Environmental Stewardship: the Limits of Environmental Federalism |
97 Oregon Law Review 353 (2019) |
Introduction. 354 I. Plenary Power over Indian Affairs: A Congressional Exercise of Authority Lacking a Constitutional Foundation. 358 A. Origins: An Unenumerated Power Born of Necessity and Circumstance. 358 B. The Scope of the Modern Plenary Power Doctrine. 371 C. Inherent Flaws in the Plenary Power Doctrine. 377 1. Constitutional Deficiencies.... |
2019 |
| Evan P. Dahdah |
Constitutional Law: Bert J. Harris Act |
48 Stetson Law Review 690 (Summer, 2019) |
In order to assert a claim under the Bert J. Harris, Jr. Property Rights Protection Act (the Harris Act), a property owner must demonstrate that government action, short of a taking, inordinately burdened an existing use of the property. An existing use may be proven by showing that the applicable zoning ordinance allows the property to be... |
2019 |
| Robert J. Miller |
Creating Sustainable Economic Development on Indian Reservations Is an "Access to Justice" Issue |
27 Journal of Affordable Housing & Community Development Law 493 (2019) |
Very few of the 300 Indian reservations in the United States have functioning economies in which reservation residents can be employed, spend money, and find adequate housing. In contrast, almost all reservation residents have to travel to distant cities to find banks, businesses, higher education, livable wage jobs, and adequate housing. This... |
2019 |
| Jennie Bricker |
Defining 'Indian' |
79-MAY Oregon State Bar Bulletin 28 (May, 2019) |
Columbia Park occupies 450 acres along the Columbia River in Tri-Cities, Wash. It hosts an annual event called the Water Follies, which includes a hydroplane race. On July 28, 1996, Will Thomas and Dave Deacy were wading along the river bank near Kennewick, sipping from cans of Busch Light and looking to avoid the race's entrance fee. Thomas... |
2019 |
| Alexis Zendejas |
Deserving a Place at the Table: Effecting Change in Substantive Environmental Procedures in Indian Country |
9 Arizona Journal of Environmental Law & Policy 90 (Spring, 2019) |
This note explores how tribal-federal relations have impacted environmental justice efforts in domestic pipeline construction in and around Indian Country. The impact these poor relations have had on indigenous peoples has the potential to adversely affect indigenous people and their reservation and ancestral lands. This note discusses how the... |
2019 |
| L. Maaike Helmus , Sara Johnson , Andrew J. R. Harris , Simon Fraser University, Correctional Service of Canada, Ottawa, Ontario, Canada, Forensic Assessment Group, Ottawa, Ontario, Canada |
Developing and Validating a Tool to Predict Placements in Administrative Segregation: Predictive Accuracy with Inmates, Including Indigenous and Female Inmates |
25 Psychology, Public Policy, and Law 284 (November, 2019) |
The last 15 years have witnessed considerable concern regarding the use of segregation. Attempts to reduce segregation would benefit from being able to identify which inmates are at greatest risk for being placed in segregation. The goal of the current research project was to develop an actuarial scale to assess the risk of being placed in... |
2019 |
| James Thomas Tucker |
Ensuring Natives Count |
55-APR Arizona Attorney 38 (April, 2019) |
The 2020 Census is one of the foremost civil rights issues in Indian Country. It serves as the keystone for our representative government. It determines federal apportionment under Article I, Section 2 of the U.S. Constitution, as well as state and local apportionment in non-tribal elections to meet constitutional equal population (one person, one... |
2019 |
| Bethany Sullivan |
Environmental Justice in Indian Country |
55-APR Arizona Attorney 22 (April, 2019) |
The term environmental justice is evocative but elusive, subject to a broad array of interpretations and rallying cries. The U.S. Environmental Protection Agency defines environmental justice as the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development,... |
2019 |
| Joseph Kowalski |
Environmentalism Isn't New: Lessons from Indigenous Law |
26 Buffalo Environmental Law Journal 15 (2018-2019) |
The much-overlooked laws and lifeways of Indigenous people show that concepts of environmental sustainability have long been a part of the human tradition. By studying the Indigenous jurisprudence of societies that maintained these traditions into the modern era, much can be learned. Rather than making laws in regards to the land, the land itself... |
2019 |
| Adam Gerken |
Examining the Administrative Unworkability of Final Agency Action Doctrine as Applied to the Native American Graves Protection and Repatriation Act |
8 Michigan Journal of Environmental & Administrative Law 477 (Spring, 2019) |
The application of the Administrative Procedure Act (APA) to the Native American Graves Protection and Repatriation Act (NAGPRA) creates unique practical and doctrinal results. When considering the application of the current law concerning judicial review of final agency action under the APA to NAGPRA, it is evident that the law is... |
2019 |
| Matthew L.M. Fletcher |
Failed Protectors: the Indian Trust and Killers of the Flower Moon |
117 Michigan Law Review 1253 (April, 2019) |
Killers of the Flower Moon: The Osage Murders and the Birth of the FBI. By David Grann. New York: Doubleday. 2017. P. 291. Cloth, $28.95; paper, $16.95. David Grann's Killers of the Flower Moon: The Osage Murders and the Birth of the FBI details a story that is widely known in Indian country but that has never before penetrated mainstream American... |
2019 |
| Maggie Blackhawk |
Federal Indian Law as Paradigm Within Public Law |
132 Harvard Law Review 1787 (May, 2019) |
C1-3CONTENTS L1-2Introduction . L31791 I. Federal Indian Law as Paradigm. 1800 A. Colonialism and Constitutional History. 1801 B. Colonialism and Federal Indian Law as Paradigm Case. 1803 II. The Centrality of Federal Indian Law to Public Law. 1806 A. The Treaty Power. 1809 B. Separation of Powers. 1815 1. Federalism. 1816 2. Judicial Review. 1819... |
2019 |
| Neoshia R. Roemer |
Finding Harmony or Swimming in the Void: the Unavoidable Conflict Between the Interstate Compact on the Placement of Children and the Indian Child Welfare Act |
94 North Dakota Law Review 149 (2019) |
The Indian Child Welfare Act is a federal statute that applies to Indian children who are at the center of child welfare proceedings. While the Indian Child Welfare Act provides numerous protections to Indian children, parents, and tribes, many of these cases play out in state courts which are also required to apply their own requisite, relevant... |
2019 |
| Meredith N. Healy |
Fluid Standing: Incorporating the Indigenous Rights of Nature Concept into Collaborative Management of the Colorado River Ecosystem |
30 Colorado Natural Resources, Energy & Environmental Law Review 327 (Summer, 2019) |
C1-2Table of Contents Introduction. 328 I. Flow: Increasing Worldwide Recognition of the Legal Rights of Nature. 330 A. Constitutional Recognition of the Rights of Nature: The Vilcabamba River in Ecuador. 330 B. Legislative Recognition of the Rights of Nature: The Whanganui River in New Zealand. 332 II. Ebb: Decades of Resistance--Despite Some... |
2019 |
| Michael Maruca |
From Exploitation to Equity: Building Native-owned Renewable Energy Generation in Indian Country |
43 William and Mary Environmental Law and Policy Review 391 (Winter, 2019) |
Indian country contains abundant renewable energy resources, and harnessing such resources is vitally important for national climate change mitigation efforts. Shifting the electric grid towards wind and solar generation also carries local environmental and health benefits, increases energy independence, and serves national security interests. For... |
2019 |
| Alex Tallchief Skibine |
From Foundational Law to Limiting Principles in Federal Indian Law |
80 Montana Law Review 67 (Winter, 2019) |
In a noted article, the late Philip Frickey described how federal Indian law, since its inception, has been exceptional in the sense of being distinctive compared to other areas of American Public Law. The foundational principle animating this exceptionalism is Chief Justice Marshall's description of Indian nations as domestic dependent nations... |
2019 |