Tyler L. Murphy The State, the Tribe, and the Ugly: the Ninth Circuit Stakes a Bad Claim on Indian Land for Tribal Civil Jurisdiction over Nonmembers in Window Rock Unified School District V. Reeves 63 Villanova Law Review 157 (2018) Justice being taken away, then, what are kingdoms but great robberies? Within the borders of the United States, many Americans expect their fundamental rights to be protected from unwarranted government intrusion; however, there are some places within the country where this is not true. On Indian reservations, tribal governments are not beholden... 2018
Alexander Tallchief Skibine The Supreme Court's Last 30 Years of Federal Indian Law: Looking for Equilibrium or Supremacy? 8 Columbia Journal of Race and Law 277 (2018) For 187 years, Indian nations status in the United States has not been fully developed or consistently approached within the law. They are viewed as Domestic Dependent Nations located within the geographical boundaries of the United States. Although Chief Justice John Marshall acknowledged that Indian nations had a certain amount of sovereignty,... 2018
Dylan R. Hedden-Nicely The Tenth Anniversary of the University of Idaho's Native Law Program 61-SEP Advocate 32 (September, 2018) It was ten years ago that I first walked through the doors of the University of Idaho College of Law. I came home to Idaho to attend law school because of the interdisciplinary degree programs it offered that allowed law students to concurrently earn a master's degree or Ph.D. from UI's Water Resources Department. However, I come from a family of... 2018
Matthew C. Kane The Ubiquitous Ubiety of Native American Law 65-APR Federal Lawyer Law. 5 (April, 2018) Indian law permeates the legal landscape in the United States, touching on an extraordinarily wide variety of topics. Professor Lindsay Robertson, a friend and colleague, describes federal Indian law as covering issues in criminal law, property law, contracts, constitutional law, international law, and civil jurisdiction, all in a context of a... 2018
Adam Crepelle The United States First Climate Relocation: Recognition, Relocation, and Indigenous Rights at the Isle De Jean Charles 6 Belmont Law Review Rev. 1 (2018) INTRODUCTION. 2 I. HOW THE RESIDENTS OF THE ISLAND BECAME CLIMATE REFUGEES. 4 A. Taming the Mississippi. 5 B. The Oil Industry. 6 II. LOUISIANA'S COASTAL INDIGENOUS COMMUNITIES. 8 A. Indian Tribes, the Environment, and Federal Recognition. 9 B. A Brief History of Louisiana's Coastal Tribes. 13 C. Cultural Struggles and the Environment. 17 III.... 2018
George Emmons The Unseen Harm: U.s.-indian Relations & Tribal Sovereignty 48 Golden Gate University Law Review 185 (May, 2018) L1-2Table of Contents Introduction. 186 I. Indian Treaty Interpretation. 189 A. Domestic Dependent Status of Tribes. 189 B. Treaty Rights: The Judiciary's Key Role in Interpretation. 190 C. Historic Canons of Treaty Interpretation. 191 1. Winters v. United States: A Broad Interpretation of Treaty Rights. 191 2. United States v. Dion: Congressional... 2018
Richard B. Collins To Sue and Be Sued: Capacity and Immunity of American Indian Nations 51 Creighton Law Review 391 (March, 2018) Can American Indian nations sue and be sued in federal and state courts? Specific issues are whether tribes have corporate capacity to sue, whether a Native group has recognized status as a tribe, and whether and to what extent tribes and their officers have governmental immunity from suit. Tribal capacity to sue is now well established, and... 2018
Amber Penn-Roco Trump's Dismantling of the National Monuments: Sacrificing Native American Interests on the Altar of Business 75 National Lawyers Guild Review 35 (Spring, 2018) In December of 2017, President Trump demolished the Bears Ears National Monument, shrinking it by 85 percent. That same day, President Trump also cut the Grand Staircase-Escalante National Monument by 46 percent. The Trump Administration was urged by energy companies to shrink the National Monuments so they could take advantage of the natural... 2018
Lane Kaiwi Opulauoho Trust Lands for the Native Hawaiian Nation: Lessons from Federal Indian Law Precedents 43 American Indian Law Review 75 (2018) From time immemorial, Native Hawaiians, the aboriginal peoples who settled the isolated Hawaiian Archipelago surrounded by the vast Pacific Ocean, have lived and prospered. These peoples provided the foundation of a nation that exercised sovereignty over these islands. This jurisdiction has had several titles: first, the Hawaiian Kingdom, a... 2018
Marina Brilman Waging War and Staging Roundtables: Normative Spaces of Violence and Dialogue in Colombia's Indigenous Lands 50 George Washington International Law Review 781 (2018) This Article argues that the coincidence of dialogue and violence that characterizes the Colombian political and legal landscape is not merely a factual circumstance or a logical necessity, but represents a government policy of waging war and staging roundtables. The simultaneous use of dialogue and military action against a dialogue's... 2018
Susan M. Larned Water Is Life: the Native American Tribal Role in Protecting Natural Resources 8 Barry University Environmental and Earth Law Journal 52 (2018) So, the monarch [butterfly] is also part of the protest, part of the movement, with its drumbeat reverberating across the planet. The tribal peoples of Earth are making their voices heard in so many ways. Their mission is to reconnect the modern world with the circle of life--a circle that much of humanity left behind maybe ten millennia ago, in... 2018
Susan M. Larned WATER IS LIFE: THE NATIVE AMERICAN TRIBAL ROLE IN PROTECTING NATURAL RESOURCES 8 Barry University Environmental and Earth Law Journal 52 (2018) So, the monarch [butterfly] is also part of the protest, part of the movement, with its drumbeat reverberating across the planet. The tribal peoples of Earth are making their voices heard in so many ways. Their mission is to reconnect the modern world with the circle of life--a circle that much of humanity left behind maybe ten millennia ago, in... 2018
Stephen H. Greetham WATER PLANNING, TRIBAL VOICES, AND CREATIVE APPROACHES: SEEKING NEW PATHS THROUGH TRIBAL-STATE WATER CONFLICT BY COLLABORATION ON STATE WATER PLANNING EFFORTS 58 Natural Resources Journal 1 (Winter, 2018) More than a century after the Supreme Court issued its foundational Indian water law cases, only a handful of American Indian tribes have secured decrees or settlements of legally enforceable water rights. Efforts to resolve tribal water claims are typically hampered by legal and factual complexities as well as the equitable and political legacy of... 2018
Dylan R. Hedden-Nicely Welcome from the Chair of the Indian Law Section 61-SEP Advocate 23 (September, 2018) On behalf of the Indian Law Section of the Idaho State Bar, welcome to the September edition of The Advocate. It has been my honor to serve on the Board of the Indian Law Section for the last five years; first as Vice-Chair and for the last two years as Chair of the section. I am privileged to have the opportunity to work with Vice-Chair Jason... 2018
Calandra McCool Welcome to the Mvskoke Reservation: Murphy V. Royal, Criminal Jurisdiction, and Reservation Diminishment in Indian Country 42 American Indian Law Review 355 (2018) By restoring the Muscogee Creek Nation to § 1151(a) Indian Country status, Murphy v. Royal expanded the Muscogee Creek Nation's rights to prosecute, regulate, and adjudicate cases pertaining to or involving American Indians or Alaska Natives within its reservation. While the Tenth Circuit's denial of en banc review for Murphy caused a stir, the... 2018
  Why Try to Change Me Now?: the Basis for the 2016 Indian Child Welfare Act Regulations 96 Nebraska Law Review 1007 (2018) C1-2TABLE OF CONTENTS I. Introduction. 1007 II. Background. 1009 A. Passage and Intent of the Indian Child Welfare Act. 1009 B. 1979 Guidelines and Their Effects. 1011 1. The Bureau of Indian Affairs's Position Against Binding Regulations. 1011 2. The Indian Child Welfare Act's Inconsistent Application Throughout the States. 1012 C. The Bureau of... 2018
Aaron Haines Will the Stop Act Stop Anything? The Safeguard Tribal Objects of Patrimony Act and Recovering Native American Artifacts from Abroad 39 Cardozo Law Review 1091 (February, 2018) C1-2Table of Contents Introduction. 1092 I. International and U.S. Cultural Property Law. 1096 A. 1970 UNESCO Convention and 1995 UNIDROIT Convention. 1096 B. United Nations Declaration on the Rights of Indigenous People. 1100 C. U.S. Domestic Law Protecting Native American Artifacts. 1101 II. Legislation Protecting Cultural Property. 1103 A.... 2018
Lianne T. Chung , Nicholas Ernst Winner, Best Appellate Brief in the 2018 Native American Law Student Association Moot Court Competition 42 American Indian Law Review 457 (2018) I. Whether the Yuma Indian Nation (the Nation or YIN) courts have jurisdiction over Thomas Smith and Carol Smith (collectively, the Smiths), non-members of the Nation, where such jurisdiction is beyond protecting the Nation's self-government and control over internal relations, or in the alternative, whether the trial court should stay the... 2018
Gregory Ablavsky With the Indian Tribes: Race, Citizenship, and Original Constitutional Meanings 70 Stanford Law Review 1025 (April, 2018) Abstract. Under black-letter law declared in the U.S. Supreme Court's decision in Morton v. Mancari, federal classifications of individuals as Indian based on membership in a federally recognized tribe rely on a political, not a racial, distinction, and so are generally subject only to rational basis review. But the Court recently questioned this... 2018
Nicole Russell "TO FURTHER JUSTICE IN THE GREATER NATIVE AMERICAN COMMUNITY": ETHICAL RESPONSIBILITIES OF A TRIBAL ATTORNEY IN DISENROLLMENT DISPUTES 30 Georgetown Journal of Legal Ethics 991 (Fall, 2017) The United States' long and fraught history with the native peoples who originally inhabited the land is largely considered one of exploitation, forced assimilation, and abandonment. In light of past injustices, the federal government has come to employ a government-to-government relationship with tribes and [has] recognized tribal jurisdiction.... 2017
Hallie McDonald A DOLLAR FOR YOUR THOUGHTS: DOLLAR GENERAL AND THE SUPREME COURT'S STRUGGLE WITH TRIBAL CIVIL JURISDICTION 46 Hofstra Law Review 399 (Fall, 2017) Tribes have been deemed quasi-sovereign nations with a unique amalgam of attributes, at once having a dependent status and being distinct, independent political communities that retain some of their original sovereignty. There are 567 federally recognized Indian tribes in the United States, with approximately 56.2 million acres of land held... 2017
Lawrence R. Baca A Recipe from the Diversity Cookbook: 'First You Hire One Indian' 64-FEB Federal Lawyer 54 (January/February, 2017) The concept of diversity encompasses acceptance and respect. It means understanding that each individual is unique and recognizing our individual differences. These can be along the dimensions of race, ethnicity, gender, sexual orientation, socioeconomic status, age, physical abilities, religious beliefs, political beliefs, or other ideologies. It... 2017
Jenadee Nanini A Tribe's Future: Native American Youth and the Right to Counsel in Juvenile Justice Systems 9 Georgetown Journal of Law & Modern Critical Race Perspectives 77 (Spring, 2017) Native American youth face a complex dynamic within the juvenile justice system. Native American juveniles are potentially subject to three jurisdictions: tribal, state, and federal--with the possibility of removal to adult court in any of these three jurisdictions. Interestingly, Native American youth also face more barriers and greater... 2017
Jenadee Nanini A TRIBE'S FUTURE: NATIVE AMERICAN YOUTH AND THE RIGHT TO COUNSEL IN JUVENILE JUSTICE SYSTEMS 9 Georgetown Journal of Law & Modern Critical Race Perspectives 77 (Spring, 2017) Native American youth face a complex dynamic within the juvenile justice system. Native American juveniles are potentially subject to three jurisdictions: tribal, state, and federal--with the possibility of removal to adult court in any of these three jurisdictions. Interestingly, Native American youth also face more barriers and greater... 2017
Nicholas M. Ravotti Access to Energy in Indian Country: the Difficulties of Self-determination in Renewable Energy Development 41 American Indian Law Review 279 (2017) By many measures, Indian tribal members live at a significant disadvantage as compared to non-Indian citizens when it comes to poverty, food security, and prevalence of violent crime. One measure of disadvantage that is not frequently discussed is that many Indian tribal members living in Indian Country do not have ready access to electrical... 2017
Gia Austin Agua Caliente Band of Cahuilla Indians V. Coachella Valley Water Dist., 849 F.3d 1262 (9th Cir. 2017) 20 University of Denver Water Law Review 447 (Spring, 2017) (holding: (i) the United States impliedly reserved a water right when establishing the Agua Caliente Reservation; (ii) the Tribe's implied federal reserved water right extended to groundwater; and (iii) the Tribe's state water entitlements to groundwater did not disqualify its implied federal reserved water right). The Agua Caliente Band of... 2017
Catherine M. Redlingshafer An Avoidable Conundrum: How American Indian Legislation Unnecessarily Forces Tribal Governments to Choose Between Cultural Preservation and Women's Vindication 93 Notre Dame Law Review 393 (November, 2017) Gender violence in American Indian communities is a serious, complex issue due to a myriad of legal and cultural barriers. Today, rates of rape and other sexual assaults are higher for American Indian women than any other demographic in the country. In fact, a Department of Justice report found that the assault rates for American Indian and Alaska... 2017
Raymond J. Fadel An Indian by Any Other Name: Cross-border Affirmative Action 92 New York University Law Review 1107 (October, 2017) While Indian tribes bordering the United States and Canada may share the same culture, the same ancestry, and even the same name, a descendant of common heritage may not be recognized as Indian in the United States, and thus not eligible to receive federal benefits. The federal government has the power to recognize an Indian tribe's sovereignty... 2017
Hamar Foster Another Good Thing: Ross River Dena Council V Canada in the Yukon Court of Appeal, Or: Indigenous Title, "Presentism" in Law and History, and a Judge Begbie Puzzle Revisited 50 U.B.C. Law Review 293 (June, 2017) The largest difficulty in legal history is precisely that we look at past evidence in the light of later assumptions, including our own assumptions about the nature and working of law itself. SFC Milsom, A Natural History of the Common Law First, I should explain my title. In 2010 I published an essay criticizing a government argument in... 2017
Kristopher A. Reed Back to the Future: How the Holding of Shelby County V. Holder Has Been a Reality for South Dakota Native Americans since 1975 62 South Dakota Law Review 143 (2017) In Shelby County v. Holder the United States Supreme Court held that Section 4(b) of the Voting Rights Act was unconstitutional. The Court's holding rendered Section 5 of the Voting Rights Act toothless, causing some to fear voting rights would regress to the days of Jim Crow. This fear of a future without Section 5 is nothing new for South Dakota... 2017
Brett Wessels BATMAN AND TWO VERY LARGE JARS OF MAYONNAISE: THE LOOMING CLASH OF DAILY FANTASY SPORTS AND TRIBAL GAMING 50 Creighton Law Review 295 (March, 2017) On April 18, 2016, the Connecticut Attorney General, George Jepsen (Jepsen), released a letter regarding the potential impact of daily fantasy sports (DFS) legislation on Connecticut's revenue sharing agreement with two different Native American tribes. Ultimately, Jepsen concluded there is a substantial risk that the passage of such [DFS]... 2017
Mar Campins Eritja Bio-prospecting in the Arctic: an Overview of the Interaction Between the Rights of Indigenous Peoples and Access and Benefit Sharing 44 Boston College Environmental Affairs Law Review 223 (2017) The exploration and exploitation of marine genetic resources for commercial purposes is growing at an unprecedented rate in the Arctic region. Currently, there is no explicit legal framework that governs the participation of Arctic indigenous peoples in this industry or requires that the benefits derived from the scientific use of marine... 2017
Sarah Deer Bystander No More? Improving the Federal Response to Sexual Violence in Indian Country 2017 Utah Law Review 771 (2017) If the Tribal Law and Order Act had existed 16 years ago, my story would be very different .. [After I was sexually assaulted in 1994] I received medical treatment at the Indian Health Services hospital but no doctors talked to me about the rape. I had to wait all night for someone to collect DNA. Tribal police suspected a local man but no federal... 2017
Gretel Lee Casting a Wide Net: Why it Is Incumbent upon the Environmental Protection Agency to Expand the Scope of its Cost-benefit Analysis to Include Native American Populations and Cultural Fishing Practices in the Aftermath of Michigan V. Epa 35 Law & Inequality: A Journal of Theory and Practice 393 (Summer, 2017) I think it is incredibly presumptuous and elitist for political scientists to conclude that the American people's cultural values in fact are not ones that lend themselves to a cost-benefit analysis and to presume that [the American people] would change their cultural values if in fact they were aware of the cost-benefit analysis. --Joseph Biden... 2017
  Chapter 19 • Native American Resources 2017 ABA Environment, Energy, and Resources Law: The Year in Review 208 (2017) This years' major developments tended to involve questions of tribal jurisdiction and the nuances of sovereign immunity, although there were significant developments in long-running cases concerning treaty rights covering fishing, water and land use issues. On April 25, 2017, the U.S. Supreme Court held that a suit brought against a Mohegan Tribal... 2017
Abi Fain , Mary Kathryn Nagle CLOSE TO ZERO: THE RELIANCE ON MINIMUM BLOOD QUANTUM REQUIREMENTS TO ELIMINATE TRIBAL CITIZENSHIP IN THE ALLOTMENT ACTS AND THE POST-ADOPTIVE COUPLE CHALLENGES TO THE CONSTITUTIONALITY OF ICWA 43 Mitchell Hamline Law Review 801 (2017) I. Introduction. 803 II. The Origins of Indian as a Political Reference to Citizenship Under Federal Law. 810 A. The Absence of Blood Quantum in Tribal and Federal Laws Pre-1887. 810 B. Congress Purposefully Excluded Indians--Citizens of Tribal Nations--from the Fourteenth Amendment. 815 III. The Use of Blood Quantum to Implement the Allotment... 2017
Ryan Wilson Closing Time: Removing the State of Oklahoma from Alcohol Regulation in Indian Country 69 Oklahoma Law Review 485 (Spring, 2017) The United States Constitution contemplates three types of sovereigns existing within the country's borders: the federal government, the states, and the Indian tribes. As to the relationship between the federal government and the tribes, the Supreme Court determined in 1831 that tribes constitute domestic dependent nations, likening their... 2017
Jessica A. Shoemaker Complexity's Shadow: American Indian Property, Sovereignty, and the Future 115 Michigan Law Review 487 (February, 2017) This Article offers a new perspective on the challenges of the modern American Indian land tenure system. While some property theorists have renewed focus on isolated aspects of Indian land tenure, including the historic inequities of colonial takings of Indian lands, this Article argues that the complexity of today's federally imposed reservation... 2017
Adam Crepelle Concealed Carry to Reduce Sexual Violence Against American Indian Women 26-SPG Kansas Journal of Law & Public Policy 236 (Spring, 2017) Although crime rates in the United States have fallen since the 1990s, Indian reservation crime rates have increased over the same time period. The violent victimization rate for Indians is twice that of any other race, and the crime rate on some reservations is 20 times the national average. Indian crime victimization statistics are outrageous in... 2017
T. Michael Andrews Continuing to Work for Indian Country in the 115th Congress 41 American Indian Law Review 361 (2017) Today, much work is still ahead of us to assist with the needs of American Indians and Alaska Natives. Based upon both treaty and federal law, the United States shares a unique government-to-government relationship with tribes and has a trust responsibility for Native communities. The social and economic problems that plague Indian Country have... 2017
Stefan Kirchner Cross-border Forms of Animal Use by Indigenous Peoples 111 AJIL Unbound 402 (2017) The aim of this essay is to show how international law relates to the interaction of indigenous peoples and animals across international borders. While colonial borders have affected the lives of herding communities in Africa and while there are cross-border indigenous activities in different parts of Latin America, the situation in Northern Europe... 2017
Timothy Q. Purdon, Katherine S. Barrett Wiik, Dr. Aryn Conrad Dapl: Storm Clouds on the Horizon in Indian Country 64-JUN Federal Lawyer 62 (June, 2017) The conflict between the Standing Rock Sioux Tribe, Energy Transfer Partners (the company seeking to build the Dakota Access Pipeline (DAPL)), and the U.S. Army Corps of Engineers over DAPL catapulted the issue of the impact of energy infrastructure development on American Indian tribes to the forefront of national consciousness. The protests at... 2017
Raymond Cross Development's Victim or its Beneficiary?: the Impact of Oil and Gas Development on the Fort Berthold Indian Reservation 38 Public Land & Resources Law Review 249 (2017) I. Introduction. 250 II. Why Development is Different on the Fort Berthold Indian Reservation. 255 A. The Tribal People's Unbreakable Geographic Ties to the Fort Berthold Indian Reservation. 257 1. Their Treaty-Based Geographic Ties to Fort Berthold. 258 2. Their Territorially-Based Rights of Sovereignty Within Fort Berthold. 259 3. Their... 2017
Jacob Franchek Digitizing Tribal Law: How Codification Projects Such as Tribal Law Online Could Give New Rise to American Indian Sovereignty 94 Washington University Law Review 1025 (2017) Well, neither could . anybody, right? I mean if anybody could find it, you could. It's because it's not published anywhere, right? --Chief Justice John Roberts, in response to being told by an attorney arguing for the Cheyenne River Sioux Tribe that his office had been unable to discover applicable Cheyenne River Sioux precedent. Today, in the... 2017
Anna Lindrooth Discretionary Deaths in Indian Country: Ensuring Full Funding for Tribal Health 26 Federal Circuit Bar Journal 277 (2017) I [Senator Byron L. Dorgan] used a photograph of a little girl every day I was on the Senator Floor [debating Indian healthcare improvement], a little girl named Ta'Shon Rain Little Light. I did that with the consent of her grandparents and her parents. Ta'Shon Rain Little Light, just to remind all of us what this subject is about, it is not about... 2017
Alan Friel, Andy Marcus, Stephanie Lucas Do Tell 40-MAY Los Angeles Lawyer 28 (May, 2017) BRANDS are tapping social media celebrities--also known as influencers--to promote their products and services, and influencers can command significant compensation. Brands also use social media and other digital media formats to publish ads that seem native to the format and look more like editorial content than ads. In both cases, consumers can... 2017
Elizabeth Ann Kronk Warner Environmental Justice: a Necessary Lens to Effectively View Environmental Threats to Indigenous Survival 26 Transnational Law & Contemporary Problems 343 (Summer, 2017) I. Introduction. 343 II. Environmental Justice and Indigenous Communities. 344 A. Tribal Sovereignty. 346 B. Federal Trust Relationship with Native Nations. 348 C. Unique Tribal Connection to the Land and Environment. 350 D. International Considerations. 351 III. Case Study: Protest of the Dakota Access Pipeline. 355 IV. Case Study: Negative... 2017
  Environmental Protection in Indian Country: the Fundamentals 47 Environmental Law Reporter News & Analysis 10905 (November, 2017) Tribes and Native villages are demonstrating reinvigorated environmental activism as they face new pressures on the natural resources many depend on for their economic and cultural livelihood. From the Standing Rock Sioux Tribe's protest against the Dakota Access Pipeline, to Alaska Native villages relocating their communities in the face of rising... 2017
Timothy Sandefur Escaping the Icwa Penalty Box: in Defense of Equal Protection for Indian Children 37 Children's Legal Rights Journal J. 1 (2017) In early 2016, a six-year-old Californian child named Lexi was taken from the arms of her weeping foster parents, Rusty and Summer Page, and sent to live with her step-second-cousin in Utah instead. She had lived with the Pages for four of her six years of life, after Los Angeles child welfare officials removed her from her drug-addicted mother... 2017
Jin Hyung Lee Establishing Applicable Water Quality Standards for Surface Waters on Indian Reservations 66 Emory Law Journal 965 (2017) The Clean Water Act is the foundational water law in the United States. It seeks to protect the nation's waters through establishing programs that limit pollutant discharge into surface waters. Water quality standards serve an essential role in protecting the surface waters of the United States because they set effluent limitations necessary to... 2017
6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23