| Author | Title | Citation | Summary | Year | Key Terms |
| John T. Holden |
ACCESS OR SOVEREIGNTY |
74 Emory Law Journal 919 (2025) |
Despite centuries of genocidal assimilation and forced removal, Indigenous communities in the United States have persevered and even thrived. A key driver of economic success for many tribes is gambling. While states objected, perhaps out of greed, the Supreme Court held that, as sovereign governments, gaming operations on tribal land were largely... |
2025 |
Yes |
| Bailey Ulbricht |
ACTUALIZING INDIGENOUS DATA SOVEREIGNTY THROUGH TRIBAL SELF-GOVERNANCE |
55 New Mexico Law Review 77 (Winter, 2025) |
Data, as described by a Yurok Tribe council member, is the original theft-- the first thing stolen from Native peoples in the United States. Indigenous data sovereignty seeks to redress this and prevent future data infractions by placing Indigenous communities in charge of decision-making about their own data. Yet with no established body of... |
2025 |
Yes |
| John K. Crawford |
DISENROLLMENT AS CITIZENSHIP REVOCATION: PROMOTING TRIBAL SOVEREIGNTY BY EMBRACING INTERNATIONAL NORMS |
134 Yale Law Journal 1359 (February, 2025) |
This Note argues that Indian tribes can best address disenrollment by viewing the problem through the lens of international norms regarding citizenship revocation. Tribal officials and members, advocates and journalists, and scholars and practitioners of federal Indian law typically understand disenrollment, which is when a tribe severs its... |
2025 |
Yes |
| Jean Claudy Pierre |
GROTIUS AND HAITI: THE UNRESOLVED CONTRADICTIONS OF SOVEREIGNTY AND SLAVERY |
119 American Society of International Law Proceedings 281 (April 16-April 18, 2025) |
Hugo Grotius (1583-1645), widely considered the father of international law, is a pillar in the history of legal thought, whose writings, most notably De Jure Belli ac Pacis (1625) and Mare Liberum (1609), inspired the emerging modern conceptions of sovereignty, as well as those of natural law, and the law of nations. Grotius's thoughts were... |
2025 |
Yes |
| Adam Crepelle |
JUDICIAL IMPERIALISM: THE SUPREME COURT'S ASSAULT ON TRIBAL SOVEREIGNTY AND THE RULE OF LAW |
102 Washington University Law Review 1331 (2025) |
The rule of law requires predictability, and the rules governing Indian country create uncertainty. For example, determining whether a person can be arrested on a reservation depends upon a combination of whether the victim and perpetrators are Indians, the type of crime, and the status of the land where the incident occurred. The same goes for... |
2025 |
Yes |
| Brandon Dodds |
OLD HABITS DIE HARD: HOW THE MAINE INDIAN CLAIMS SETTLEMENT ACT PERPETUATES SETTLER COLONIALISM AND DENIES INDIGENOUS SOVEREIGNTY |
74 Emory Law Journal Online 67 (7-Apr-25) |
Around the time it was passed, the Maine Indian Claims Settlement Act of 1980 was considered by many to be a great victory for the Wabanaki Nations in Maine. But in the decades since, the Act has substantially hindered the Wabanaki Nations' self-determination efforts. Frequent litigation between the Nations and the state of Maine, narrow... |
2025 |
Yes |
| Amy Cohen , Ilana Gershon |
PREFIGURATIVE NEOLIBERALISM: A PROVISIONAL ANALYSIS OF THE GLOBAL SOVEREIGN CITIZEN MOVEMENT |
48 PoLAR: Political and Legal Anthropology Review 1 (May, 2025) |
Received: 8 April 2024 | Revised: 19 November 2024 | Accepted: 6 December 2024 Keywords: activism | contracts | neoliberalism | prefigurative legality | sovereign citizens | state authority Much contemporary research on prefigurative legality turns to left-leaning activists for ethnographic insights into practices that call forward an alternative... |
2025 |
Yes |
| Chun Hin Jeffrey Tsoi |
SOVEREIGN INDIGNITY AND IMMUNITY |
130 Dickinson Law Review 247 (Fall, 2025) |
Sovereign immunity, even if not understood as a monarchical relic, embodies the notion of indignity for a government having to answer to allegations of transgressions. This Essay proposes an argument to challenge the doctrine's theoretical basis, especially with respect to the federal government in federal court. But there is first a threshold... |
2025 |
Yes |
| Morgan Sandler |
SOVEREIGN SOLUTIONS: RECLAIMING REPRODUCTIVE AUTONOMY IN OKLAHOMA INDIAN COUNTRY AFTER DOBBS |
130 Dickinson Law Review 351 (Fall, 2025) |
In the United States, Native American women face disproportionately high rates of sexual violence and adverse maternal health outcomes. In addition to these ongoing challenges, they continue to face significant barriers to reproductive healthcare access. Oklahoma's near-total abortion ban--without exceptions for rape or incest--exacerbates these... |
2025 |
Yes |
| Emanuele S. Putrino |
STRUCTURAL WAIVERS AND CONGRESS'S AUTHORITY TO COIN MONEY: DIGITAL CURRENCY AND STATE SOVEREIGN IMMUNITY IN THE NEW ERA |
49 Vermont Law Review 355 (Spring, 2025) |
Introduction. 356 I. A History of Central Bank Digital Currency and Sovereign Immunity. 359 A. Central Bank Digital Currency. 359 1. The Benefits. 361 2. The Drawbacks. 363 B. State Sovereign Immunity. 364 1. Congressional Abrogation of State Sovereign Immunity. 366 2. Structural Implied Waivers. 368 II. State Sovereign Immunity as the Absurdity... |
2025 |
Yes |
| Nazune Menka |
THE CORPUS JURIS OF (ALASKA NATIVE) INHERENT TRIBAL SOVEREIGNTY |
42 Alaska Law Review 1 (December, 2025) |
The strength of our resilience . is given to us by the spirits of the animals themselves and shall not waver until the divine relationships between the Alaska Native people and our cousin animals are reconciled. -Jerry Isaac (Athabaskan) The inherent Tribal sovereignty of Native nations predates the formation of the United States and is reflected... |
2025 |
Yes |
| Smitha Krishna Prasad |
THE GOVTECH STACK - BUILDING AND BUYING TOWARDS DIGITAL SOVEREIGNTY |
23 Colorado Technology Law Journal 103 (2025) |
As many countries move towards regulating to restrictbig tech, there is corresponding debate on how such regulations are assertions of digital sovereignty - and whether such assertions of sovereignty are useful or harmful. However, the use of technology in the administrative state - for government functions and services - can have as much impact... |
2025 |
Yes |
| Michalyn Steele |
THE NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT AS A MODEL OF CULTURAL SOVEREIGNTY FOR PROTECTING INDIGENOUS SACRED SITES |
94 Fordham Law Review 513 (November, 2025) |
Introduction. 513 I. The History of Dispossession of Indigenous Sacred Sites. 519 II. The Hierarchy of Social Values Competing with Protecting Indigenous Sacred Sites. 521 A. Property Rights. 522 B. Economic Development. 524 C. Scientific Knowledge. 525 III. Imagining Reordered Values. 526 Conclusion. 531 |
2025 |
Yes |
| Matthew L.M. Fletcher |
THE SOVEREIGNTY PROBLEM IN FEDERAL INDIAN LAW |
71 UCLA Law Review 1662 (July, 2025) |
There is a sovereignty problem in federal Indian law--namely, that the federal government's sovereign defenses prevent tribal nations and individual Indian people from realizing justice in the courts. Often, compelling tribal and Indian claims go nowhere as the judiciary defers to the interests of the United States, even where Congress has... |
2025 |
Yes |
| Adam Crepelle |
TRIBAL CIVIL PROCEDURE: AN UNEXPLORED PATH TO SOVEREIGNTY AND ECONOMIC DEVELOPMENT |
77 Florida Law Review 1737 (September, 2025) |
This Article argues civil procedure reform is a means of strengthening tribal sovereignty and economies. Although tribal civil procedure codes are largely consistent with their state and federal counterparts, tribal rules of procedure can be difficult to locate. The inability to locate tribal rules of procedure has led the Supreme Court to diminish... |
2025 |
Yes |
| John Beaty |
TRIBAL EMINENT DOMAIN: SOVEREIGNTY GAPS AND POLICY SOLUTIONS |
55 New Mexico Law Review 37 (Winter, 2025) |
This Article addresses the existence and scope of the tribal power of eminent domain. American Indian Tribes are sovereign entities within the United States and can exercise many traditional government powers. However, centuries of actions by the United States' executive, legislative, and judicial branches have eaten away at the fabric of tribal... |
2025 |
Yes |
| Kekek Jason Stark |
TRIBAL SOVEREIGN IMMUNITY: ABSOLUTE AUTHORITY OR ACCOUNTABILITY |
86 Montana Law Review 173 (Summer, 2025) |
Accountability within the Anishinaabe value system is ever-present and formed reciprocally between leaders, clans, families and individuals. The power rests with and is enforced by the people, and the leader or chief is a representative of what the collective will is. In the wake of the recent United States Supreme Court decision of Trump v.... |
2025 |
Yes |
| Desmond Mantle |
TRIBAL SOVEREIGNTY, JUSTICE GORSUCH, AND THE LETTER OF THE LAW |
77 Stanford Law Review Online 237 (June, 2025) |
I meant what I said, and I said what I meant. An elephant's faithful, one hundred percent! --Dr. Seuss, Horton Hatches the Egg This Comment seeks to defend Justice Neil Gorsuch's approach to statutory interpretation, arguing against pragmatist efforts to reduce the Supreme Court's reliance on textualism and against efforts by fellow self-proclaimed... |
2025 |
Yes |
| Matthew Lively |
USE AND SOVEREIGNTY IN THE OUTER SPACE TREATY AND A SELECTIVE EXAMINATION OF THE U.S. COMMERCIAL SPACE LAUNCH COMPETITIVENESS ACT |
40 Connecticut Journal of International Law 175 (Summer, 2025) |
This article analyzes the terms use and sovereignty under the Outer Space Treaty (OST) Articles I (2) and II and recommends an amendment to the U.S. Commercial Space Launch Competitiveness Act of 2015 (CSLCA). It also recommends an accompanying shaping of international law to increase investor certainty in space resource extraction and use... |
2025 |
Yes |
| Danielle Garcia, Aleja Cretcher, Adam de Monet, Editor-in-Chief, Symposium Editors |
WELCOME TO RED RISING: THE SHIFTING LEGAL LANDSCAPE OF TRIBAL SOVEREIGNTY |
71 UCLA Law Review 1618 (July, 2025) |
The Red Rising: The Shifting Legal Landscape of Tribal Sovereignty (Red Rising) Symposium would not have been possible without the leadership and vision of Angela R. Riley (Citizen Potawatomi Nation) and Lauren van Schilfgaarde (Cochiti Pueblo). We extend our sincerest gratitude to all contributing panelists, speakers, artists, and community... |
2025 |
Yes |
| Jake Granese |
WEST FLAGLER AND THE FUTURE OF SPORTS BETTING: NAVIGATING TRIBAL SOVEREIGNTY AND THE NEED FOR CONSUMER PROTECTION IN A GROWING MARKET |
34 University of Miami Business Law Review 132 (Fall, 2025) |
Sports betting in the United States has exploded in recent years, with a record--breaking $11 billion in revenue in 2023. This growth has inspired state governments to try to leverage this lucrative business. One recent development is the 2021 Gaming Compact between the Seminole Tribe of Florida and the state of Florida. The Compact represents a... |
2025 |
Yes |
| Emily R. Holtzman |
"MY MUSEUM'S RELUCTANT UNDERTAKERS": REPATRIATION AFTER THE 2023 NAGPRA RULE |
59 Columbia Journal of Law and Social Problems 99 (2025) |
The Native American Graves Protection and Repatriation Act of 1990 (NAGPRA) recognized the rights of Indian Tribes and Native Hawaiian organizations to their own ancestral human remains, associated and unassociated funerary objects, sacred objects, and objects of cultural patrimony. The promise of NAGPRA was to repatriate hundreds of thousands of... |
2025 |
|
| Gregory Ablavsky , Bethany Berger |
"SUBJECT TO THE JURISDICTION THEREOF": THE INDIAN LAW CONTEXT |
100 New York University Law Review Online 201 (October, 2025) |
Section 1 of the Fourteenth Amendment provides that [a]ll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. Much of the debate over the meaning of this provision in the nineteenth century, especially what it meant to be subject to the... |
2025 |
|
| Robert S. Chang , Cecily C. Hazelrigg , Linda CJ Lee |
"THAT'S NOT MY NAME": THE LINGUISTIC VIOLENCE OF MISNAMING PARTIES IN COURT PROCEEDINGS |
100 Washington Law Review 687 (October, 2025) |
Abstract: This Article calls attention to the harms done when parties are misnamed in legal proceedings. Misnaming, which many might initially consider trivial, is properly understood as a form of linguistic violence that can inflict dignitary harms as well as have material consequences. Misnaming takes on a different valence when it is done by the... |
2025 |
|
| Guillermo J. MartÃnez |
"THE PEOPLE" PROTECTS THE PEOPLE OF PUERTO RICO: GIVING MEANING TO AN UNINTERPRETED PART OF THE TENTH AMENDMENT |
113 Georgetown Law Journal 1509 (June, 2025) |
C1-2Table of Contents Introduction. 1510 I. Background: Puerto Rico's Political & Legal Relationship with the United States. 1512 a. early history and federal control: 1898-1950s. 1513 b. move toward self-governance and sovereignty: 1950s-2000s. 1515 c. economic decline and executive branch rejection of puerto rico's sovereignty: 2000s-2015. 1517... |
2025 |
|
| Tinesha C. Zandamela |
"THERE ARE [DISABLED] BLACK PEOPLE IN THE FUTURE": AFROFUTURISM & DISABILITY LAW |
113 Georgetown Law Journal 1223 (May, 2025) |
Afrofuturism celebrates--and encourages--imagination. This Note exists to foster imagination, focusing on Blackness and disability from an Afrofuturist lens and discussing what a glorious future could look like for Black disabled people. Part I will describe and explore Afrofuturism and its role in our lives, the law, and social movements. In... |
2025 |
|
| Josh Gupta-Kagan |
(DE)FUNDING FAMILY SEPARATIONS |
27 NYU Journal of Legislation and Public Policy 605 (2024-2025) |
Federal foster care funding exists in tension with foundational family law principles. The law protects family integrity: the state may only separate parents and children in extreme cases, and, when it does, the state must work to reunify families. Yet the federal funding system directs billions of federal dollars to support CPS agencies and pay... |
2025 |
|
| Joseph A. Delia, Sydney A. Hardy, Survey Editors, With Contributions from Associate Editors: Britney A. Dickey and Logan D. Smith |
2024 ANNUAL SURVEY: RECENT DEVELOPMENTS IN SPORTS LAW |
35 Marquette Sports Law Review 453 (Spring, 2025) |
This Survey highlights various sports-related court decisions between January 1, 2024, and December 31, 2024. While every sports-related case may not be included, it briefly summarizes a wide range of cases impacting the sports industry in 2024. This Survey's goal is to provide the reader insight into various legal issues and developments in sports... |
2025 |
|
| Milton J. Hernandez, IV |
A CART WITHOUT A MULE: COMPARING SOLUTIONS TO HEIRS PROPERTY AND OTHER REAL PROPERTY ISSUES ACROSS LEGAL SYSTEMS IN THE AMERICAS |
19 Florida A & M University Law Review 19 (Spring, 2025) |
C1-2Table of Contents Introduction. 19 I. Heirs Property Issues in the United States. 21 II. Real Property Issues in the Americas. 26 A. Saint Lucia. 26 B. Colombia. 30 III. Lessons to Learn, Actions to Take. 33 A. Similar History of Real Property Reform. 33 B. Similar Severity of Problems. 36 C. Solutions: Bridging the Gap. 38 1. Lack of Trust. 40... |
2025 |
|
| Jennifer Pahre, Cara Shanahan, Emma Troy, Brooke Conklin |
A COMPARISON OF INADEQUATE DOCTRINES: THE CANADIAN "HONOUR OF THE CROWN" AND THE U.S. FEDERAL TRUST RESPONSIBILITY |
12 Texas A&M Journal of Property Law 115 (1-Nov-25) |
I. Introduction. 115 II. The United States' Trust Responsibility Doctrine. 116 III. The Canadian honour of the Crown Doctrine. 130 IV. Recommendations. 142 A. Restoring the Trust Responsibility Doctrine and the honour of the Crown: Translating UNDRIP into Domestic Law. 144 B. Illustrative Examples of Successful--and Unsuccessful--Partnerships. 147... |
2025 |
|
| Sarah K. Yarlott |
A RECIPROCITY: OFF-RESERVATION TREATY HUNTING RIGHTS |
86 Montana Law Review 399 (Summer, 2025) |
Such a treaty solemnly entered into is a contract between two independent nations . and such a treaty is regarded as a part of the law of the state as much as the state's own laws and Constitution and is effective and binding on state legislatures. Such a treaty is superior to the reserved powers of the state, including the police power. Hunting... |
2025 |
|
| Isaac Santos |
A TREATY RIGHT TO HEALTHY FORESTS? USING TRIBAL FISHING RIGHTS TO CHALLENGE TIMBER SALES |
55 Environmental Law Reporter (ELI) 10317 (May/June, 2025) |
Tribes in the Pacific Northwest have faced persistent obstacles to their exercise of treaty fishing rights, most prominently illegal regulation of off-reservation fishing by state governments. As salmon decline, a new frontier is emerging for treaty right violations: environmental degradation. A recent court victory ruled that a series of culverts... |
2025 |
|
| Nadine Padilla |
ABANDONED MINES, ABANDONED TREATIES: THE FEDERAL GOVERNMENT'S FAILURE TO REMEDIATE ABANDONED URANIUM MINES ON THE NAVAJO NATION |
96 University of Colorado Law Review 675 (2025) |
Native lands have long been exploited in order to meet the energy and resource needs of the United States. Reservations, originally intended to be the permanent homelands for Native nations, quickly devolved into being the nation's sacrificial dumping zones. In particular, uranium mined from the Navajo Nation provided the raw source material... |
2025 |
|
| William K. Barquin , Elizabeth Thompson Tollefsbol, PhD , Traci J. Whelan , Attorney General, Kootenai Tribe of Idaho, Tribal Victim Assistance Specialist, United States Attorney's Office, District of Idaho, Assistant United States Attorney and Branch Man |
ACHIEVING PUBLIC SAFETY WITHIN TRANSBOUNDARY TRIBES: CHALLENGES AND PATHS FORWARD |
73 Department of Justice Journal of Federal Law and Practice 5 (August, 2025) |
For prosecutors and law enforcement assigned to Indian country, jurisdiction can be a challenging maze of factors, complicated by boundaries that may have been set by haphazard processes. Borders on transnational boundaries further complicate the complexity of this challenge. This article examines the challenges of achieving public safety when... |
2025 |
|
| Terrence Neal |
AFFORDING ORAL TRADITION EVIDENCE DUE WEIGHT BEFORE THE INTERNATIONAL COURT OF JUSTICE |
29 Lewis & Clark Law Review 1 (2025) |
Oral traditions are irreplaceable sources of historical information, particularly with regard to Indigenous Peoples' histories and cultures. However, when states have submitted oral traditions as evidence of historical practices, events, and circumstances in cases before the International Court of Justice (Court), the Court has been reluctant to... |
2025 |
|
| Stella Burch Elias , Paul Gowder |
AGAINST ATTORNEY GENERAL SELF-REFERRAL IN IMMIGRATION LAW |
109 Minnesota Law Review 2331 (May, 2025) |
This Article advances a rule-of-law-based critique of the Attorney General's immigration self-referral power. We argue that the Attorney General's self-referral and review power over pending immigration proceedings allows an appointed Executive Branch official to engage in unchecked and unilateral lawmaking and, therefore, should be abolished.... |
2025 |
|
| Matthew L.M. Fletcher |
AGAINST JUDICIAL GENERALISTS |
77 Stanford Law Review Online 101 (June, 2025) |
There is something irritatingly wrong with Indian law practice at the Supreme Court. Oral argument at the Supreme Court is a bitterly unpleasant affair for Indigenous people and tribal advocates for a lengthy variety of reasons. It is canonical that tribal advocates must attempt to avoid Supreme Court review; the strategic thinking is that the... |
2025 |
|
| Clare Huntington |
AI COMPANIONS AND THE LESSONS OF FAMILY LAW |
110 Minnesota Law Review 115 (November, 2025) |
Virtual friends and lovers powered by artificial intelligence are rapidly moving to the center of our emotional and social lives. Millions of people turn to AI companions every day for conversation, romance, sexual intimacy, therapy, and education. AI companionship holds promise, potentially reducing loneliness, supporting people without access to... |
2025 |
|
| Jan C. Jansen , History Department, University of Tubingen, Tuebingen, Germany, Email: jan.jansen@uni-tuebingen.de |
ALIEN ACTS IN THE AGE OF EMANCIPATION: MOBILITY CONTROL AND EXECUTIVE POWER IN THE BRITISH CARIBBEAN, 1820S-1830S |
43 Law and History Review 821 (November, 2025) |
In reaction to revolutionary upheaval in the 1790s and 1800s, the British parliament at home and colonial legislatures in the Americas passed their first statutory provisions to govern migration and aliens as such. As this paper argues, in their sustained and varied uses, these alien acts were much more than about border and migration controls.... |
2025 |
|
| Jan C. Jansen , History Department, University of Tubingen, Tuebingen, Germany, Email: jan.jansen@uni-tuebingen.de |
ALIEN ACTS IN THE AGE OF EMANCIPATION: MOBILITY CONTROL AND EXECUTIVE POWER IN THE BRITISH CARIBBEAN, 1820S-1830S |
43 Law and History Review 821 (November, 2025) |
In reaction to revolutionary upheaval in the 1790s and 1800s, the British parliament at home and colonial legislatures in the Americas passed their first statutory provisions to govern migration and aliens as such. As this paper argues, in their sustained and varied uses, these alien acts were much more than about border and migration controls.... |
2025 |
|
| Nicholas B. Frawley |
ALL BETS ARE ON: IT'S TIME FOR WISCONSIN TO UP THE ANTE AND LEGALIZE MOBILE SPORTS WAGERING |
35 Marquette Sports Law Review 417 (Spring, 2025) |
For over 100 years, sports have remained a cornerstone of American society for any number of reasons. Whether it be to passionately watch one's favorite team engage in a thrilling matchup against a bitter rival or simply to relax and unwind at the end of the day, one can find harmony in any match, game, or competition of his or her desire. The way... |
2025 |
|
| Paul Gowder |
AMELIORATIVE CONSTITUTIONALISM |
173 University of Pennsylvania Law Review 2037 (June, 2025) |
The basic problem of American constitutional theory is that (a) the U.S. Constitution, morally speaking, lacks full democratic legitimacy due to the continuing effects of its unjust and undemocratic history, yet (b) we have no realistic chance in the foreseeable future of replacing it with something free from those legacies of exclusion and... |
2025 |
|
| Gabriela Landolfo |
AN OLD WORLD DISCOVERY FOR NEW WORLD JUSTICE: THE FSIA PATH TO REPATRIATE STOLEN NATIVE AMERICAN ART |
58 Columbia Journal of Law and Social Problems 437 (2025) |
The legacy of imperialism thrives in the modern European museum. From Alutiiq masks in Berlin to a Pawnee Chief's remains in Stockholm, museum displays resign tribal emblems to the same fate as the people who produced them: forcibly separated from their culture and assimilated into a foreign one. Although U.S. courts recognize a cause of action... |
2025 |
|
| Anna Kirstine Schirrer , University of Copenhagen, Copenhagen, Denmark |
ANCESTRAL RIGHTS, ANCESTRAL LAND: REPARATIONS AND COLLECTIVE PROPERTY IN THE PLANTATION'S WAKE |
48 PoLAR: Political and Legal Anthropology Review 1 (May, 2025) |
Received: 21 September 2022 | Revised: 11 October 2024 | Accepted: 30 November 2024 Keywords: collective title | indigeneity | plantation | reparations | slavery The African Ancestral Rights Bill raised by the Reparations Group in Guyana represents a communal claim to land. It required Guyana's government to constitutionally recognize African... |
2025 |
|
| Marley Forest |
ANOTHER BROKEN PROMISE: THE MMIWG2S CRISIS AND THE VIOLATION OF THE FEDERAL INDIAN TRUST OBLIGATION |
100 Washington Law Review 793 (October, 2025) |
Abstract: Indigenous Women, Girls, and Two-Spirit people go missing and are murdered at rates nearly ten times the national average in the United States. This disproportionate epidemic of violence has been labeled the Missing and Murdered Indigenous Women, Girls, and Two-Spirit (MMIWG2S) crisis. Several factors exacerbate this crisis. First,... |
2025 |
|
| Ann E. Tweedy |
ANTICOMMANDEERING & INDIAN AFFAIRS LEGISLATION |
62 Harvard Journal on Legislation 39 (Winter, 2025) |
The Supreme Court recently applied the narrow and relatively new anticommandeering doctrine for the first time to federal Indian Affairs legislation in Haaland v. Brackeen. It did so without explaining why the doctrine should be extended from the Interstate Commerce Clause context to that of the Indian Commerce Clause, as well as to the other... |
2025 |
|
| Carina Van Vliet, Avidan Cover, Sara Ghebremusse, Brian Gran |
APPROACHES TO ADVANCING HUMAN RIGHTS |
49 Canada-United States Law Journal 31 (2025) |
Mr. STEPHEN PETRAS: Our first panel today is going to discuss approaches to advancing human rights. To moderate this panel is this year's Henry T. King Award recipient, Carina Van Vliet. I'm going to introduce Carina, and she will introduce her panelists, and then we'll get into the discussion. Carina has served as the Chief Executive Officer of... |
2025 |
|
| Joseph F. C. DiMento, Jessica Pierucci |
ARCTIC LAW: EVEN MORE SUSTAINABLE? ROLES OF THE US AND EU |
93 UMKC Law Review 935 (Summer, 2025) |
The existing regime of Arctic governance addressing sustainability is complex and, as we argue quite strong. However, there are gaps in the regime even after recent international, regional, nation-state, and tribal initiatives of great significance. We address some of the most important of these efforts in this Article. Recommendations on how to... |
2025 |
|
| Holly Barrass |
ARIZONA v. NAVAJO NATION: A PERSISTENT LEGACY OF BROKEN PROMISES |
28 University of Denver Water Law Review 79 (Fall, 2025) |
Introduction. 80 I. Background. 82 A. Relevant History of the Navajo Nation. 82 B. The Trust Relationship Between the United States and Indigenous Nations. 83 C. The Trust Relationship in the Context of Water Rights. 85 D. Tribal Water Rights and the Colorado River. 89 II. Arizona v. Navajo Nation. 93 A. Facts and Procedural History. 93 B. Majority... |
2025 |
|
| Kegan S. Peters |
ARIZONA v. NAVAJO NATION'S IMPACT ON THE UNITED STATES-INDIAN TRUST FRAMEWORK |
28 University of Denver Water Law Review 1 (Spring, 2025) |
Introduction. 2 I. History and Development of the Navajo Nation. 2 A. A Brief History of the Navajo Pre-Colonization. 3 B. The Navajo Nation's Fate Post-Colonization. 4 II. The Water Crisis in the West. 7 A. The Water Crisis on the Navajo Reservation. 7 B. The Water Crisis on Other Indian Reservations. 10 C. The Water Shortage for Non-Indian... |
2025 |
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