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