AuthorTitleCitationSummaryYear
E. Barrett Ristroph Fulfilling Climate Justice and Government Obligations to Alaska Native Villages: What Is the Government Role? 43 William and Mary Environmental Law and Policy Review 501 (Winter, 2019) Climate change has had significant impacts on lands and communities across the United States, and particularly on Alaska Native Villages (ANVs). These Arctic and sub-Arctic indigenous communities, which are often remote and rural, depend on the land and water for their nutritional and cultural survival. My research draws from 153 interviews and... 2019
Dessa Reimer HERRERA v. WYOMING 42-DEC Wyoming Lawyer 20 (December, 2019) In May 2019, the U.S. Supreme Court decided Clayvin Herrera v. Wyoming, 139 S.Ct. 1686 (2019). The case is remarkable not only for its procedural history (how often do Wyoming district court decisions go up on direct appeal to the U.S. Supreme Court?), but also for its holding--that the Crow Tribe's hunting right survived Wyoming's statehood, and... 2019
James D. Diamond In the Aftermath of Rampage Shootings: Is Healing Possible? Hard Lessons from the Red Lake Band of Chippewa Indians and Other Indigenous Peoples 11 Georgetown Journal of Law & Modern Critical Race Perspectives 101 (Fall, 2019) This Article produces insights, ideas, and findings which link mass shootings and communal responses in the United States and on American Indian reservations. This Article compares the aftermath of these tragedies in non-indigenous communities with the responses when the tragedies have occurred in certain Native American communities, including... 2019
Alex Tallchief Skibine INCORPORATION WITHOUT ASSIMILATION: LEGISLATING TRIBAL JURISDICTION OVER NONMEMBERS 67 UCLA Law Review Discourse 166 (2019) For the last forty years the U.S. Supreme Court has been engaged in a measured attack on the sovereignty of Indian tribes when it comes to tribal court jurisdiction over people who are not members of the tribe asserting that jurisdiction. The U.S. Congress has already enacted legislation partially restoring some tribal courts' criminal jurisdiction... 2019
  Indian Law Special Focus 55-APR Arizona Attorney 16 (April, 2019) Try to describe Indian law to a colleague and you may find yourself chatting for a long time. That's because the label appears simple, but it encompasses a vast expanse of legal issues involving every area of human endeavor. Each of those issues is informed through a unique history and requires an understanding of sovereign nations, conflict of... 2019
  Indian Tribe's Corporation Not Liable for the Employment Tax Liabilities of its Professional Staffing Division 46 Corporate Taxation 34 (July/August, 2019) The Tax Court, in Blue Lake Rancheria Economic Development Corporation, 152 TC No. 5 (2019), has held that the corporation of an Indian Tribe was not liable for the employment tax liabilities of its corporate division. The charter of the Indian Tribe's corporation allowed it to create subdivisions for the purpose of legally segregating the assets... 2019
The Honorable Russell Brown Indigenous Law at the Supreme Court of Canada 40 Public Land & Resources Law Review Rev. 1 (2019) First, let me thank Dean Kirgis for his kind invitation to visit the University of Montana, and to Professors Zellmer, Bryan and Mills, and their colleagues for all the work they have done to make this visit so very rewarding. I actually feel very much at home in Montana. I developed something of a love affair with this state when I was 12 years... 2019
Sergio Puig International Indigenous Economic Law 52 U.C. Davis Law Review 1243 (February, 2019) Scholarship on the links between business and human rights is widespread. However, the specific ways in which globalization accommodates the economically marginalized and those who are likely most vulnerable to its negative effects has received scant attention. The increasingly obvious manifestations of discontent over the effects of... 2019
Affie B. Ellis Invisible No More 42-DEC Wyoming Lawyer 30 (December, 2019) In spring 2019, high school track star, Rosalie Fish, won three gold medals in a Washington State track championship. she crossed the finish line with a red handprint painted over her mouth and the letters, MMIW, standing for Missing and Murdered Indigenous Women, painted on her leg. She got the idea from another runner, Jordan Marie Daniel,... 2019
Bill Piatt , Moises Gonzales , Katja Wolf Law Schools Harm Genízaros and Other Indigenous People by Misunderstanding Aba Policy 49 New Mexico Law Review 236 (Summer, 2019) Law schools justifiably seek to enroll a diverse student body in order to enrich the academic experience and environment, and to provide attorneys who will serve all segments of our society. American law schools enjoy the constitutional right to maintain such diversity. Indeed, accreditation standards promulgated by the American Bar Association... 2019
Norika L. Kida Betti , Cameron Ann Fraser Michigan Indian Family Preservation Act at Seven Years 98-NOV Michigan Bar Journal 32 (November, 2019) In January 2013, Michigan enacted the Michigan Indian Family Preservation Act (MIFPA), a state version of the Indian Child Welfare Act (ICWA). Passed in 1978, ICWA is a remedial statute designed to protect native families and ensure that native children remain connected to their communities through heightened protections and burdens of proof in... 2019
James Dohnalek Native American Religious Accommodations, National Parks, and the Cutter Test 15 University of Saint Thomas Law Journal 715 (Spring, 2019) Religious accommodations can be a highly controversial subject in today's society. Whether these accommodations take the form of the government allowing sacramental use of an otherwise illegal drug to certain religious adherents, or exempting corporations on religious grounds from the contraceptive mandate in the Affordable Care Act, there is no... 2019
Michael D. McNally Native American Religious Freedom as a Collective Right 2019 Brigham Young University Law Review 205 (2019) Introduction: The Strength of Standing Rock and the Weakness of the Law. 206 A. Structure of Argument. 213 B. Timeliness of Argument in Light of Hobby Lobby. 215 I. Judicial Misrecognition of Native American Religious Freedom Claims. 218 A. First Amendment. 219 B. Religious Freedom Restoration Act. 220 C. Native Spirituality and the Subversion of... 2019
Lorinda Riley, SJD Native Hawaiians and the New Frontier of the Indian Civil Rights Act 26 Asian American Law Journal 168 (2019) Introduction. 168 I. The Impact of the Indian Civil Rights Act. 171 A. Born of Two-Policy Eras. 171 B. ICRA: The Good, the Bad, and the Ugly. 175 II. Native Hawaiian Sovereignty in the Modern Era. 180 A. From the Kingdom of Hawai'i to Annexation. 180 B. Federal Recognition: The Search for and the Obstacles to Overcome. 183 III. ICRA and Native... 2019
Hon. Marcy L. Kahn New York State's Recent Judicial Collaboration with Indigenous Partners: the Story of New York's Federal-state-tribal Courts and Indian Nations Justice Forum 14 Judicial Notice 20 (2019) When then-Chief Judge Judith Kaye asked me in 2002 to lead the effort to establish a forum of the state and Indian tribal courts in New York, I enthusiastically embraced the chance to return to work which had long been an interest of mine. This interest derived from three experiences. First, I grew up in Arizona, and attended a public high school... 2019
Hon. Carrie Garrow New York's Quest for Jurisdiction over Indian Lands 14 Judicial Notice Notice 4 (2019) In the middle of the 20 Century, Congress passed laws granting New York State concurrent criminal and civil adjudicatory jurisdiction over Indian lands in the state. Far from being innocuous, these laws capped off nearly 200 years of disputes. The legislation on its face appears to be a simple grant of jurisdiction. But what the legislation does... 2019
Matthew L.M. Fletcher On Indian Children and the Fifth Amendment 80 Montana Law Review 99 (Winter, 2019) Many of my first memories revolve around my grandmother Laura Mamagona's apartment in Grand Rapids, Michigan. She shared the apartment with my uncle Crockett, who was a college student. Her apartment was the upstairs room of an old house on the side of a hill on College Street. My memories are mostly of domestic activities. Cooking. Sweeping.... 2019
Alix Rogers Owning Geronimo but Not Elmer Mccurdy: the Unique Property Status of Native American Remains 60 Boston College Law Review 2347 (November, 2019) Introduction. 2349 I. The Treatment of Native American Remains from Early America to 1989. 2355 II. The Treatment of Non-Native Human Remains in America. 2360 A. Collecting in the Name of Science. 2360 B. Collecting in the Name of Medicine. 2362 III. The Native American Graves Protection and Repatriation Act. 2365 A. Federal or Tribal Land &... 2019
Michael E. Benson Patent Litigators Playing Cowboys and Indians at the Ptab 94 Notre Dame Law Review Online 185 (2019) The high-stakes nature of patent litigation emboldens patent litigators to implement unusual litigation strategies. This Essay explores a novel application of tribal-sovereign-immunity protections to patent validity challenges in inter partes review (IPR) proceedings before the United States Patent and Trademark Office (USPTO). This Essay argues... 2019
John Mixon Patently Inconsistent: State and Tribal Sovereign Immunity in Inter Partes Review 93 Saint John's Law Review 233 (2019) From 2016 to 2017, the Patent Trial and Appeals Board (PTAB or the Board), an adjudicatory branch of the United States Patent and Trademark Office (USPTO), instituted five separate inter partes review (IPR) proceedings against patents owned by various state universities. Upon instituting these proceedings, the universities all moved to... 2019
Kendall McCoy Perhaps Congress Would, Perhaps Congress Should--why Match-e-be-nash-she-wish Band of Pottawatomi Indians V. Patchak and Carcieri V. Salazar must Be Legislatively Overridden to Protect the Ira Trust Acquisition Authority 43 American Indian Law Review 459 (2019) Land ownership allows for the preservation of distinct nationhood, making it central to the sovereignty of Indian tribes. Tribes have certain rights as distinct nations due to their legal status as separate governments that pre-exist the Constitution. They have inherent sovereignty as self-governing peoples. But because Indian tribes are domestic... 2019
Dayna Olson Protecting Native Women from Violence: Fostering State-tribal Relations and the Shortcomings of the Violence Against Women Act of 2013 46 Hastings Constitutional Law Quarterly 821 (Summer, 2019) Not until the abuse stopped around the fourth grade did [she] realize she wasn't the only child suffering at the hands of that assailant. At least a dozen other young girls had fallen victim to that same man. He was a man who was never arrested for his crimes, never brought to justice, and still walks free today, all because he committed these... 2019
Dayna Olson PROTECTING NATIVE WOMEN FROM VIOLENCE: FOSTERING STATE-TRIBAL RELATIONS AND THE SHORTCOMINGS OF THE VIOLENCE AGAINST WOMEN ACT OF 2013 46 Hastings Constitutional Law Quarterly 821 (Summer, 2019) Not until the abuse stopped around the fourth grade did [she] realize she wasn't the only child suffering at the hands of that assailant. At least a dozen other young girls had fallen victim to that same man. He was a man who was never arrested for his crimes, never brought to justice, and still walks free today, all because he committed these... 2019
Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills 'Race, Racism, and American Law': a Seminar from the Indigenous, Black, and Immigrant Legal Perspectives 21 Scholar: St. Mary's Law Review on Race and Social Justice Just. 1 (2019) Introduction. 2 I. Our Approach: Themes, Goals, and Collaboration. 9 A. Common Threads and Themes. 9 B. Self-Disclosure, Objectivity, and Reflective Practice. 12 C. Collaboration. 17 D. Lawyering Skills. 19 II. The Class: Objectives, Schedule, and Assessments. 20 III. How the Class Unfolded: Issues and Related Events. 26 IV. Lessons Learned. 28... 2019
Timothy Sandefur Recent Developments in Indian Child Welfare Act Litigation: Moving Toward Equal Protection? 23 Texas Review of Law and Politics 425 (Spring, 2019) Introduction. 426 I. Brackeen: ICWA as a Race-Based Statute and an Intrusion on State Autonomy. 427 A. How the ICWA Operates. 427 1. Racial or Political Lines?. 427 2. State Autonomy over Family Law. 434 B. The Brackeen Court finds the ICWA Unconstitutional. 441 II. Depriving Indian Parents of the Right to Choose What Is Best for their Children.... 2019
Arvind Elangovan, Wright State University Rohit De, a People's Constitution: the Everyday Life of Law in the Indian Republic, Princeton, Nj: Princeton University Press, 2018. Pp. 312. $40.97 Hardcover (Isbn: 9780691192550) 37 Law and History Review 961 (November, 2019) Rohit De's long-gestating book has been anticipated by scholars around the world, and A People's Constitution does not disappoint. In contrast to both popular and some scholarly assumptions, De argues that the Indian constitution decisively made a difference to the lives of its citizens in the postcolonial period, especially in the Nehruvian years... 2019
JR Lanis, Fiammetta S. Piazza Sec Qualifies First Regulation A+ Offerings of Blockchain-native Digital Assets: Blockstack and Younow 61-OCT Orange County Lawyer 48 (October, 2019) On July 10, 2019, after months of abandoned and failed Regulation A+ applications by would-be cryptocurrency issuers, the U.S. Securities and Exchange Commission (SEC) qualified, for the first time, the offering of a digital native token under Regulation A+. While this offering by Blockstack Token LLC (Blockstack) is the first in this space to be... 2019
Omar Rana Similar Trails: a Comparison of the Legalized Discrimination of Indigenous Communities Paralleling the Rohingya of Myanmar and the Native Americans of the United States 20 Rutgers Race & the Law Review 175 (2019) If we want to solve a problem, we can't solve it if we continue to think the same way we were thinking when we created it. -Albert Einstein The brutality the Rohingya, an indigenous group of Myanmar, have faced leads one to ask, What can be done? Before addressing what can be done to stop the crisis, it must be examined why there is a crisis in... 2019
Gregory Ablavsky Sovereign Metaphors in Indian Law 80 Montana Law Review 11 (Winter, 2019) The status of Native nations under federal law, the Supreme Court has repeatedly stated, is unique. The condition of the Indians in relation to the United States is perhaps unlike that of any other two people in existence, Chief Justice Marshall announced in Cherokee Nation v. Georgia; it was marked by peculiar and cardinal distinctions which... 2019
Kathryn R.L. Rand, Steven Andrew Light Sports Betting and Indian Gaming: Should Tribal Casinos Get in the Game? 9 UNLV Gaming Law Journal 55 (Spring, 2019) When the U.S. Supreme Court decided in Murphy v. National Collegiate Athletic Association (NCAA) that the federal Professional and Amateur Sports Protection Act (PASPA) was unconstitutional, the Court effectively lifted the widespread ban on legalized sports betting in the United States. All states--and presumably, all eligible federally... 2019
E. Barrett Ristroph Still Melting: How Climate Change and Subsistence Laws Constrain Alaska Native Village Adaptation 30 Colorado Natural Resources, Energy & Environmental Law Review 245 (Summer, 2019) Subsistence hunting and fishing practices are essential to maintain the physical, economic, and cultural continuity of Alaska Native Villages (ANVs). The combination of rapid climate change, laws that restrict hunting and fishing, and systems for participating in decision-making about hunting and fishing all limit the ways in which ANV residents... 2019
Daniel C. Kennedy Strange Bedfellows: Native American Tribes, Big Pharma, and the Legitimacy of Their Alliance 68 Duke Law Journal 1433 (April, 2019) Lost in the cacophony surrounding the debate about high drug prices is the fundamental principle that pharmaceutical innovation will not occur without the prospect of outsized returns enabled through market exclusivity. Biopharmaceutical patents are currently under siege, subject to challenge both in inter partes review (IPR) proceedings and in... 2019
Morad Elsana Systematic Indigenous Peoples' Land Dispossession: the Bedouin in Israel 15 South Carolina Journal of International Law & Business Bus. 1 (Spring, 2019) In 2007, the Israeli government unilaterally decided to settle the Bedouin land dispute and dispose of their land claims. The state ordered Bedouin land claims to be promptly adjudicated in court. The court, however, followed a forty-year-old precedent and rejected all Bedouin claims. In reaction, as part of the Bedouin's attempts to defend their... 2019
Milo Colton Texas Indian Holocaust and Survival: Mcallen Grace Brethren Church V. Salazar 21 Scholar: St. Mary's Law Review on Race and Social Justice 51 (2019) When the first Europeans entered the land that would one day be called Texas, they found a place that contained more Indian tribes than any other would-be American state at the time. At the turn of the twentieth century, the federal government documented that American Indians in Texas were nearly extinct, decreasing in number from 708 people in... 2019
Mithi Mukherjee The "Right to Wage War" Against Empire: Anticolonialism and the Challenge to International Law in the Indian National Army Trial of 1945 44 Law and Social Inquiry 420 (May, 2019) This Article treats the Indian National Army Trial of 1945 as a key moment in the elaboration of an anticolonial critique of international law in India. The trial was actually a court-martial of three Indian officers by the British colonial government on charges of high treason for defecting from the British Indian Army, joining up with Indian... 2019
James A. Keedy The History of Indian Legal Services 98-AUG Michigan Bar Journal 26 (August, 2019) Since 1966, Indian Legal Services programs have shaped the development of Indian law in state and federal courts and the advancement of tribal justice systems using limited resources. These programs primarily provide civil legal assistance to members of Indian tribes, focusing on the special and complex legal problems that arise in Indian country.... 2019
María Eugenia Recio The Impact of Climate Change Mitigation on Indigenous and Forest Communities: International, National and Local Law Perspectives on Redd+, by Maureen F. Tehan, Lee C. Godden, Margaret A. Young and Kirsty A. Gover Cambridge, Uk: Cambridge University Press, 13 Carbon & Climate Law Review 150 (2019) The two books under review focus on legal developments related to REDD+. Put simply, REDD+ is an initiative developed under the United Nations Framework Convention on Climate Change (UNFCCC) to protect standing forests in the developing world. Its ultimate goal is reducing global carbon emissions from deforestation and land use changes to combat... 2019
Matthew H. Birkhold The Indigenous Mcclain Doctrine: a New Legal Tool to Protect Cultural Patrimony and the Right to Self-determination 97 Washington University Law Review 113 (2019) In December 2010, the United States endorsed the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), which obligates the United States to respect indigenous self-determination and protect Native American cultural objects. Yet, nearly a decade later, the United States has made little progress to meet these commitments, resulting... 2019
Robert T. Anderson The Katie John Litigation: a Continuing Search for Alaska Native Fishing Rights after Ancsa 51 Arizona State Law Journal 845 (Fall, 2019) Introduction. 846 I. Alaska Native Property Rights up to 1971. 849 II. The Alaska Native Claims Settlement Act. 857 III. ANILCA's Cooperative Federalism Regime and Its Failure: The Katie John Trilogy Protects Subsistence Fishing. 861 IV. Sturgeon v. Frost and Subsistence Fishing. 868 A. Enter the Moose Hunter--On a Hovercraft.. 869 B. The Continued... 2019
Kaitlyn Schaeffer The Need for Federal Legislation to Address Native Voter Suppression 43 New York University Review of Law and Social Change 707 (2019) Native Americans, like other minority groups, continue to face racially-motivated disenfranchisement efforts. Watershed victories for equal access to the ballot--such as the passage of the Fifteenth and Nineteenth Amendments--did not affect Native Americans because, by and large, they were not considered American citizens until the Indian... 2019
Andrea M. Seielstad The Need for More Exacting Assessment of the Individual Rights and Sovereign Interests at Stake in Federal Court Interpretation of "Detention" under the Indian Civil Rights Act's Remedy of Habeas Corpus 14 Tennessee Journal of Law and Policy 63 (Summer, 2019) Pursuant to its federally-recognized plenary power over Indian affairs, Congress enacted the Indian Civil Rights Act in 1968 as a major civil rights initiative aimed at filling the gap in civil rights enforcement within tribal communities. Its aim was to bind tribes, who otherwise are not accountable to the protections of the United States... 2019
Matt Irby The Opioid Crisis in Indian Country: the Impact of Tribal Jurisdiction and the Role of the Exhaustion Doctrine 43 American Indian Law Review 353 (2019) Opioids have been a significant part of pain treatment in the United States for over 150 years. Stories of overdose from the early nineteenth century are almost indistinguishable from stories today. For example, Ella Henderson was a thirty-three-year-old hotel owner in high society Seattle, Washington. Following the death of her beloved father, Ms.... 2019
Danielle J. Mayberry The Origins and Evolution of the Indian Child Welfare Act 14 Judicial Notice 34 (2019) Since first contact, federal Indian policy and law has impacted American Indian children and families, targeting them as a means to assimilate Indian Nations into American society. In the beginning, Indian children were targeted for military and diplomatic purposes in order to undermine tribal resistance. This assimilation policy later shifted... 2019
Francisco Olea The Professional and Amateur Sports Protection Act: How its Invalidation Will Impact Indian Gaming's Legal and Regulatory Framework 9 UNLV Gaming Law Journal 35 (Spring, 2019) The Professional and Amateur Sports Protection Act (PASPA) was a Federal statute enacted in 1992 that effectively outlawed sports gambling in the United States, with the exception of states such as Nevada, Delaware, and Oregon. In 2011, the State of New Jersey amended its state constitution and enacted a law that would authorize certain... 2019
Adam Crepelle The Reservation Water Crisis: American Indians and Third World Water Conditions 32 Tulane Environmental Law Journal 157 (Summer, 2019) I. Introduction. 157 II. Tribal Sovereignty and Tribal Water Rights. 159 III. Tribal Water Protection Powers. 164 V. The Sorry State of Water in Indian Country. 169 VI. Solutions. 175 A. The Trust Relationship and Water Rights. 175 B. International Law. 182 VII. Conclusion. 187 2019
Matthew L.M. Fletcher The Restatement of the Law for American Indians: the Process and Why it Matters 80 Montana Law Review Rev. 1 (Winter, 2019) I'm here to talk about the Restatement of Indian Law or, as it is called currently, the Restatement of the Law of American Indians. My lovely wife, Wenona Singel, and I are co-Reporters along with a good friend of ours named Kaighn Smith. This project has been ongoing since at least 2012, so it's been going on for a long time and we're a few years... 2019
Elia Mwanga The Role of By-laws in Enhancing the Integration of Indigenous Knowledge 13 Carbon & Climate Law Review 19 (2019) To address the problem of climate change, all countries must join together in implementing climate change mitigation and adaptation strategies. Further measures, including community-based projects, should be integrated into climate change responses. Studies show that indigenous knowledge can also contribute significantly to climate change... 2019
Ashley A. Glick The Wild West Re-lived: Oil Pipelines Threaten Native American Tribal Lands 30 Villanova Environmental Law Journal 105 (2019) We do not inherit the earth from our ancestors[;] we borrow it from our children. Since the inception of designated reservations, the land within the reservation boundaries has served as a point of contention between the Native Americans and the federal government. In 1851, the United States government attempted to negotiate peace with the Native... 2019
Ashley A. Glick THE WILD WEST RE-LIVED: OIL PIPELINES THREATEN NATIVE AMERICAN TRIBAL LANDS 30 Villanova Environmental Law Journal 105 (2019) We do not inherit the earth from our ancestors[;] we borrow it from our children. Since the inception of designated reservations, the land within the reservation boundaries has served as a point of contention between the Native Americans and the federal government. In 1851, the United States government attempted to negotiate peace with the Native... 2019
Sarah Crawford The Year of the Native Voter 55-APR Arizona Attorney 44 (April, 2019) 2018 proved to be the year of the Native voter and Native candidate. Despite controversial voter identification laws in North Dakota, tribal reservations had record-breaking turnouts across the state for a midterm election. Representative Deb Haaland and Representative Sharice Davids were sworn in as the first Native women elected to the U.S.... 2019
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