| Author | Title | Citation | Summary | Year | Key Terms |
| Jason A. Robison |
SCOTUS SPLITS IN ARIZONA v. NAVAJO NATION |
46-OCT Wyoming Lawyer 24 (October, 2023) |
On June 22, 2023, the U.S. Supreme Court handed down its much-awaited decision in Arizona v. Navajo Nation, 599 U.S. _, 143 S.Ct. 1804 (2023). Addressing the Navajos' needs for and rights to water in the Lower Colorado River Basin, the Justices split, with the Court ultimately rejecting the tribe's breach of trust claim against the federal... |
2023 |
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| Julia M. Zabriskie |
SEARCHING FOR INDIGENOUS TRUTH: EXPLORING A RESTORATIVE JUSTICE APPROACH TO REDRESS ABUSE AT AMERICAN INDIAN BOARDING SCHOOLS |
64 Boston College Law Review 1039 (April, 2023) |
Abstract: After the discovery of mass graves at Residential Schools in Canada, the United States revaluated its own history with Indian Boarding Schools. The nation will likely grapple with the issue of finding appropriate solutions for historical mass atrocities in the near future as it too discovers the remains of Native American children who... |
2023 |
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| Lumen N. Mulligan |
SELF-INTERVENTION |
94 University of Colorado Law Review 987 (Fall, 2023) |
You cannot intervene in your own case, duh! Yet the U.S. Supreme Court disagreed, holding that Federal Rule of Civil Procedure 24(a)(2) allows state legislative leaders, seeking to represent the state's sovereign interest, to intervene when the attorney general is already representing the state's sovereign interest. In this Article, I contend that... |
2023 |
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| Angela Louise R. Tiangco |
SELLING ALOHA: THE FIGHT FOR LEGAL PROTECTIONS OVER NATIVE HAWAIIAN CULTURE |
29 William and Mary Journal of Race, Gender, and Social Justice 489 (Winter, 2023) |
In 2018, a Chicago-based restaurant attempted to enforce a registered trademark of Aloha Poke by sending cease-and-desist letters to small businesses with names containing some variation of the phrase. Most of those businesses were owned by Native Hawaiians, causing an uproar due to the terms aloha and poke having strong ties to traditional... |
2023 |
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| Mollie Goldfarb |
SERVING (IN)JUSTICE: THE ILLS OF A FEDERAL AMERICAN INDIAN PROSECUTORIAL POWER |
15 Washington University Jurisprudence Review 361 (2023) |
It is a pity that so many Americans today think of the Indian as a romantic or comic figure in American history without contemporary significance. In fact, the Indian plays much the same role in our American society that the Jews played in Germany. Like the miner's canary, the Indian marks the shifts from fresh air to poison gas in our political... |
2023 |
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| Cristy Clark |
SHOULD NATURE HAVE RIGHTS? ORTHODOXY AND INNOVATION |
48 Law and Social Inquiry 1471 (November, 2023) |
Mihnea Tnsescu. Understanding the Rights of Nature: A Critical Introduction. Bielefeld: transcript Verlag, 2022. Confronted by a stream of dire reports of present and pending ecological destruction, it is no wonder that many of us seek out developments that have the potential to lead us down a different path. One such development is the growing... |
2023 |
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| Barbara Ann Atwood |
STANDING MATTERS: BRACKEEN, ARTICLE III, AND THE LURE OF THE MERITS |
23 Journal of Appellate Practice and Process 105 (Winter, 2023) |
The Supreme Court's grant of certiorari in Brackeen v. Haaland and consolidated petitions marks only the third time that the Court has taken up a case arising under the Indian Child Welfare Act of 1978 (ICWA). From its inception in the Northern District of Texas to the Fifth Circuit's en banc decision, the litigation has been closely watched, not... |
2023 |
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| Megan Wagner |
STANDING ROCK SIOUX TRIBE: WHY WINNING VACATUR UNDER NEPA MAY NOT BE ENOUGH TO LIMIT DAMAGE TO THE ENVIRONMENT |
44 Energy Law Journal 139 (2023) |
I. Introduction. 139 II. Background. 141 A. History of Lake Oahe and the Standing Rock Sioux Tribe. 141 B. A General History of U.S. Pipelines and DAPL. 142 C. Permitting Procedures and Permissions. 143 1. National Historic Preservation Act, Section 106. 143 2. National Environmental Policy Act. 144 D. Relevant Treaties and Acts. 145 III. Analysis.... |
2023 |
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| Andrew Case |
STATE EX REL. MATLOFF v. WALLACE: REVERSING COURSE ON SUBJECT MATTER JURISDICTION |
47 American Indian Law Review 71 (2022-2023) |
In July of 2020, The United States Supreme Court handed down its ruling in McGirt v. Oklahoma, reaffirming lands in Northeast Oklahoma as Indian Country for purposes of the Major Crimes Act (MCA). In so holding, the Court reaffirmed exclusive federal jurisdiction over major crimes committed by Indians within those areas. Prior to the ruling, the... |
2023 |
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| Russell C. Bogue |
STATUTORY STRUCTURE |
132 Yale Law Journal 1528 (March, 2023) |
One of the least controversial tools of statutory interpretation the Supreme Court employs is also one of its least examined: the use of a statute's structure. For decades--but particularly under Chief Justice Roberts--the Court has determined the meaning of ambiguous statutory provisions through reference to the structure, scheme, or plan... |
2023 |
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| Abigail M. Hunt, Robin M. Rotman |
STEWARDING AMERICA'S FEDERAL PUBLIC LANDS |
39 Practical Real Estate Lawyer 3 (11/1/2023) |
The authors would like to acknowledge Sydney Bennett, JD, a graduate at the University of Missouri School of Law (2023), for her valuable research assistance. This land is your land, this land is my land. This land was made for you and me. --Woody Guthrie The iconic Woody Guthrie Song This Land Is Your Land is a song celebrating the great... |
2023 |
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| Mx. B. Stephen Jones |
STRENGTHENING NAGPRA |
41 Cardozo Arts and Entertainment Law Journal 883 (2023) |
Introduction 883 I. The History, Content, and Failings of NAGPRA 885 A. The History of NAGPRA 885 B. The General Content of NAGPRA 889 C. The Failings of NAGPRA 890 II. Existing Mechanisms for International Repatriation 892 A. Mutual Legal Assistance Treaties 893 B. The McClain Doctrine 897 III. The STOP Act 904 IV. Intangible Property, the Right... |
2023 |
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| Monika U. Ehrman |
SUPRANATURAL RESOURCE PROPERTY CUSTOMS |
41 UCLA Journal of Environmental Law & Policy 1 (2023) |
This Article examines the role that property customs played in the development of American mining law. It analyzes how small communities of international miners developed systems of property governance and how those customary systems led to the shaping of mineral ownership and mining legislation in America. Natural resource communities often rely... |
2023 |
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| James G. Hodge, Jr., Leila Barraza, Jennifer L. Piatt, Erica N. White, Summer Ghaith, Samantha Hollinshead, Lauren Krumholz, Madisyn Puchebner, Emma Smith |
SUPREME COURT IMPACTS IN PUBLIC HEALTH LAW: 2022-2023 |
51 Journal of Law, Medicine & Ethics 684 (Fall, 2023) |
Keywords: Supreme Court, Constitution, Public Health, Agency Deference, Vaccinations Abstract: In another tumultuous term of the United States Supreme Court in 2022-2023 a series of critical cases implicate instant and forthcoming changes in multiple fronts that collectively shift the national public health law and policy environment. The first... |
2023 |
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| Heather Erickson 2L |
SUPREME COURT SAYS BANKRUPTCY RULES APPLY TO TRIBES |
27 Journal of Consumer & Commercial Law 17 (Fall, 2023) |
Lac du Flambeau Band of Lake Superior Chippewa Indians v. Brian W. Coughlin 143 S. Ct. 1689, 216 L. Ed. 2d 342 (2023). In Lac du Flambeau Band of Lake Superior Chippewa Indians v. Brian W. Coughlin, the U.S. Supreme Court examined if the Bankruptcy Code overrides tribal sovereign immunity. The case required the Court to resolve the conflict between... |
2023 |
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| John P. LaVelle |
SURVIVING CASTRO-HUERTA: THE HISTORICAL PERSEVERANCE OF THE BASIC POLICY OF WORCESTER v. GEORGIA PROTECTING TRIBAL AUTONOMY, NOTWITHSTANDING ONE SUPREME COURT OPINION'S ERRANT NARRATIVE TO THE CONTRARY |
74 Mercer Law Review 845 (Spring, 2023) |
I. Introduction. 846 II. Oklahoma v. Castro-Huerta: Facts, Proceedings, and Divergent Majority and Dissenting Opinions. 849 III. Castro-Huerta's Power Play: Forging a False Historical Narrative to Uproot Worcester and Expand State Authority in Indian Country. 851 A. Key Precedents Misrepresented and Misapplied. 851 1. Worcester v. Georgia (1832).... |
2023 |
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| Michael-Corey Francis Hinton |
SYMPOSIUM KEYNOTE: "ISOLATION AND RESTRAINT: MAINE'S UNIQUE STATUS OUTSIDE FEDERAL INDIAN LAW" |
75 Maine Law Review 226 (June, 2023) |
Ntolis Michael-Corey Francis Hinton Peskotomuhkat nil Nujayaw Portland, Waponakik Nutapeks Sipayik naga Miyaks Nuskuhutomon yut ikolisomani-tpaskuwakon naga ktopaskuwakononnul. Pihce yut peciptasu ikolisomani-tpaskuwakon, on toke ktuwehkanen naka knokotomonen kilun ktopaskuwakononnul. N'pehqiyal Don Gellers pemkiskahk Nekom nilun kisi-wicuhkemit.... |
2023 |
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| Lyn Suzanne Entzeroth |
TEXTUALISM AND ANOTHER BROKEN PROMISE: RETROACTIVITY AND MCGIRT v. OKLAHOMA |
32 Southern California Review of Law & Social Justice 235 (Spring, 2023) |
On July 9, 2020, the United States Supreme Court handed down McGirt v. Oklahoma, one of the Court's most consequential decisions concerning Indian law and tribal sovereignty. Employing an expressly textualist approach to interpret the applicable federal treaties and statutes, Justice Neil Gorsuch's eloquent majority opinion found that Congress has... |
2023 |
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| William N. Eskridge, Jr. , Brian G. Slocum , Kevin Tobia |
TEXTUALISM'S DEFINING MOMENT |
123 Columbia Law Review 1611 (October, 2023) |
Textualism promises simplicity and objectivity: Focus on the text, the whole text, and nothing but the text. But the newest version of textualism is not so simple. Now that textualism is the Supreme Court's dominant interpretive theory, most interpretive disputes implicate textualism, and its inherent complexities have surfaced. This Article is the... |
2023 |
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| Grace Slaff |
THE ADMINISTRATION OF INJUSTICE: THE CONFLICT BETWEEN FEDERAL AND TRIBAL CRIMINAL JURISDICTION |
47 American Indian Law Review 261 (2022-2023) |
The subjectivity of criminal justice often leaves the reform process slow moving, producing little results. Differing opinions about criminal justice progression often get in the way of progressive reform. Should we spend our time advocating for victims, or can society set its feelings aside about the notions of crime and advocate for the... |
2023 |
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| Nicholas J. Stamates |
THE AFTERMATH OF MCGIRT AND CASTRO-HUERTA: PROBLEMS AND POSSIBLE SOLUTIONS RELATING TO WHITE-COLLAR CRIME IN THE CITY OF TULSA |
55 Texas Tech Law Review 535 (Spring, 2023) |
C1-3Table of Contents I. Introduction. 536 A. Background. 536 II. The Aftermath. 538 III. The White-Collar Crime in Indian Country. 540 IV. Solutions to the White-Collar Crime Problem. 548 V. Building Private Tribal Relations and Dealing with the White-Collar Problem. 553 VI. Proactive Measures Companies Can Take on Their Own in Light of McGirt.... |
2023 |
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| Angelique EagleWoman (Wambdi A. Was'teWinyan) |
THE CAPITALIZATION OF "TRIBAL NATIONS" AND THE DECOLONIZATION OF CITATION, NOMENCLATURE, AND TERMINOLOGY IN THE UNITED STATES |
49 Mitchell Hamline Law Review 623 (June, 2023) |
I. Introduction. 624 II. The Basics on the Political Status and Proper Understanding of Tribal Nations in the United States. 625 III. Issues and Consequences of Capitalization for Terms Referring to Tribal Nations in the United States. 627 A. Tribal Political Status and the Failings of The AP Stylebook. 628 B. Tribal Political Status and the Errors... |
2023 |
|
| Tom I. Romero, II |
THE COLOR(BLIND) CONUNDRUM IN COLORADO PROPERTY LAW |
94 University of Colorado Law Review 449 (Spring, 2023) |
I. Colorblindness. 450 II. Color by Conquest. 459 A. Conquest over Land. 462 B. Conquest over the Family Home. 469 C. Conquest over Landmarks. 474 III. Color by Law. 484 A. The Color of Neighborhoods. 489 B. The Color of Politics. 498 C. The Color of Public School. 504 IV. Conundrums and Consciousness. 514 A. The Legacy of Conquest and Color. 519... |
2023 |
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| Trevor George Gardner |
THE CONFLICT AMONG AFRICAN AMERICAN PENAL INTERESTS: RETHINKING RACIAL EQUITY IN CRIMINAL PROCEDURE |
171 University of Pennsylvania Law Review 1699 (June, 2023) |
This Article argues that neither the criminal justice reform platform nor the penal abolition platform shows the ambition necessary to advance each of the primary African American interests in penal administration. It contends, first, that abolitionists have rightly called for a more robust conceptualization of racial equity in criminal procedure.... |
2023 |
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| Matthew L.M. Fletcher |
THE DARK MATTER OF FEDERAL INDIAN LAW: THE DUTY OF PROTECTION |
75 Maine Law Review 305 (June, 2023) |
Abstract Introduction I. The Original Understanding of the Duty of Protection II. The Current Understanding of the Duty of Protection A. Congress and the Department of the Interior B. Department of Justice C. The Supreme Court III. The Duty of Protection as Dark Matter IV. The United Nations Declaration on the Rights of Indigenous Peoples as a... |
2023 |
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| Caroline B. Moore, Deanne Dunbar Dolan, Rachel Yarmolinsky, Mildred K. Cho, Sandra Soo-Jin-Lee |
THE ELSI VIRTUAL FORUM, 30 YEARS OF THE GENOME: INTEGRATING AND APPLYING ELSI RESEARCH |
51 Journal of Law, Medicine & Ethics 661 (Fall, 2023) |
Keywords: ELSI, Ethics, Genetics, Biases, Justice, Equity Abstract: This paper reports our analysis of the ELSI Virtual Forum: 30 Years of the Genome: Integrating and Applying ELSI Research, an online meeting of scholars focused on the ethical, legal, and social implications (ELSI) of genetics and genomics. On March 3, 1989, the National Center for... |
2023 |
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| Samantha Doss |
THE FOOD DISTRIBUTION PROGRAM ON INDIAN RESERVATIONS: PAST, PRESENT, AND FUTURE |
76 Arkansas Law Review 219 (2023) |
In 2018, the United States Department of Agriculture (USDA) proposed replacing much of the Supplemental Nutrition Assistance Program (SNAP) with America's Harvest Box, a program that would directly distribute a package of non-perishable food items to low-income families. The proposal was met with intense controversy. Many hunger advocates,... |
2023 |
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| Nasrin Camilla Akbari |
THE GLADUE APPROACH: ADDRESSING INDIGENOUS OVERINCARCERATION THROUGH SENTENCING REFORM |
98 New York University Law Review 198 (April, 2023) |
In the American criminal justice system, individuals from marginalized communities routinely face longer terms and greater rates of incarceration compared to their nonmarginalized counterparts. Because the literature on mass incarceration and sentencing disparities has largely focused on the experiences of Black and Hispanic individuals, far less... |
2023 |
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| Nicole Friederichs |
THE GROWING LIST OF REASONS TO AMEND THE MAINE INDIAN JURISDICTIONAL AGREEMENT |
75 Maine Law Review 331 (June, 2023) |
Abstract Introduction I. History and Context A. The Land Claim and Subsequent Negotiations Efforts B. Tribal Sovereignty and Trust Responsibility at the Time of the Settlement Acts C. The Role (and Absence) of the U.S. Department of the Interior During the Land Claim Settlement Process II. The Hand-Over to Congress A. The Jurisdictional... |
2023 |
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| Amelia Tidwell |
THE HEART OF THE MATTER: ICWA AND THE FUTURE OF NATIVE AMERICAN CHILD WELFARE |
43 Journal of the National Association of Administrative Law Judiciary 126 (Spring, 2023) |
The United States has a long and tragic history of removing Native American children from their homes and culture at shocking rates. Congress passed the Indian Child Welfare Act (ICWA) in 1978 in response to that crisis and many states have bolstered the Act with state legislation and tribal-state agreements, but racial disparities are still... |
2023 |
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| Jordan K. Medaris |
THE IMPACT OF CLIMATE CHANGE ON THE CULTURAL IDENTITY OF INDIGENOUS PEOPLES AND THE NATION'S FIRST "CLIMATE REFUGEES" |
47 American Indian Law Review 1 (2022-2023) |
I am convinced that climate change, and what we do about it, will define us, our era, and ultimately the global legacy we leave for future generations. Today, the time for doubt has passed. - U.N. Secretary-General Ban Ki-moon The people of the world cannot continue to ignore Aboriginal Indigenous Peoples, the Natural System of Life, the Natural... |
2023 |
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| Zoe Vogel |
THE IMPORTANCE OF ENSURING AN ACCESSIBLE FEDERAL ACKNOWLEDGMENT PROCESS FOR INDIGENOUS TRIBES IN THE FACE OF THE CLIMATE CRISIS |
36 Tulane Environmental Law Journal 275 (Summer, 2023) |
I. Introduction. 275 II. Federal Acknowledgment Process: Procedures for Establishing that an American Indian Group Exists as an Indian Tribe. 278 A. History of Federal Recognition. 278 B. Current Process. 282 III. The Importance of an Accessible Federal Acknowledgment Process for Indigenous Tribes. 284 A. Right to Culture. 285 B. Access to Federal... |
2023 |
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| Jed H. Shugerman |
THE INDECISIONS OF 1789: INCONSTANT ORIGINALISM AND STRATEGIC AMBIGUITY |
171 University of Pennsylvania Law Review 753 (March, 2023) |
The unitary executive theory relies on the First Congress and an ostensible Decision of 1789 as an originalist basis for unconditional presidential removal power. In light of new evidence, the First Congress was undecided on any constitutional theory and retreated to ambiguity in order to compromise and move on to other urgent business. Seila... |
2023 |
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| Neoshia R. Roemer |
THE INDIAN CHILD WELFARE ACT AS REPRODUCTIVE JUSTICE |
103 Boston University Law Review 55 (February, 2023) |
Federal Indian policy is rooted in family regulation. Here, family regulation is twofold, comprising: (1) the idea that American Indian families should be curated to be more like their non-Indian counterparts; and (2) the child welfare system, as Dorothy Roberts notes. Overall, family regulation was part of an Indian assimilation project. Since the... |
2023 |
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| M. Alexander Pearl |
THE INDIAN CHILD WELFARE ACT IN THE MULTIVERSE |
121 Michigan Law Review 1101 (April, 2023) |
Adoptive Couple v. Baby Girl. By Matthew L.M. Fletcher and Kathryn E. Fort, in Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law 452, 471. Edited by Bennett Capers, Devon W. Carbado, R.A. Lenhardt and Angela Onwuachi-Willig. Cambridge: Cambridge University Press. 2022. Pp. xxx, 694. Cloth, $84.75; paper, $39.19. As a kid, I... |
2023 |
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| Kirke Kickingbird |
THE JURISDICTIONAL LANDSCAPE OF INDIAN COUNTRY AFTER THE MCGIRT AND CASTRO-HUERTA DECISIONS |
48 Human Rights 10 (2023) |
On July 9, 2020, the U.S. Supreme Court issued its opinion in McGirt v. Oklahoma, 591 U.S. _, 140 S. Ct. 2452 (2020), a case involving state jurisdiction in Indian Country. Petitioner McGirt, an Indian, contended the sexual offenses that were the subject of his state conviction occurred in Indian Country--the reservation of the Muscogee (Creek)... |
2023 |
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| Rosa Celorio |
THE KALEIDOSCOPE OF CLIMATE CHANGE AND HUMAN RIGHTS: THE PROMISE OF INTERNATIONAL LITIGATION FOR WOMEN, INDIGENOUS PEOPLES, AND CHILDREN |
13 Arizona Journal of Environmental Law & Policy 155 (Spring, 2023) |
Climate change has been identified as a global emergency, a major international development issue, and a priority concern by many international and national entities. Women, Indigenous peoples, and children are some of the individuals and groups most affected by the adverse impacts of climate change. The author contends in this article that... |
2023 |
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| Hailey Trawick |
THE LEGACY OF TRUST PROMISES: NATIVE AMERICAN HEALTHCARE |
25 Scholar: St. Mary's Law Review on Race and Social Justice 301 (2023) |
Introduction. 302 I. The Evolution of the Trust Doctrine. 306 A. Treaties. 307 B. Case Law. 308 C. The Snyder Act. 310 D. The Indian Health Care Improvement Act (IHCIA). 312 II. The Legal and Interpretive Follies Behind the Circuits Looking Beyond Statutory Trust Duties. 313 A. The Circuit Holdings. 314 1. The Ninth Circuit: Quechan Tribe of the... |
2023 |
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| Rosemary Mahaffey |
THE MONTANA "2.0" TEST FOR TRIBAL CIVIL ADJUDICATORY JURISDICTION: A GRAIN OF RIGHTS |
9 One J: Oil and Gas, Natural Resources, and Energy Journal 45 (September, 2023) |
C1-2Table of Contents I. Introduction: Opposing Interests in Minnesota. 46 A. The White Earth Nation and Manoomin. 47 B. The Line 3 Pipeline. 49 II. Before the Case: Laws and Practices of The White Earth Band. 50 A. Rice Can Sue You - The Rights of Nature Movement. 50 B. The Law on Tribal Civil Adjudicatory Jurisdiction. 51 III. The Trial Decision... |
2023 |
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| Alexander Volokh |
THE MYTH OF THE FEDERAL PRIVATE NONDELEGATION DOCTRINE |
99 Notre Dame Law Review 203 (November, 2023) |
Judges and scholars have often claimed that delegations of governmental power to private parties are constitutionally prohibited. However, such a private nondelegation doctrine is elusive, if not nonexistent. To understand why, first we need to realize that there are actually several distinct nondelegation doctrines. I develop a taxonomy that... |
2023 |
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| Wendy S. Greyeyes |
THE NATION WITHIN: PROSPECTS FOR AN INDIGENOUS FUTURE |
52 Southwestern Law Review 271 (2023) |
Professor Ezra Rosser's work comes at a pivotal point for my Navajo people in terms of land issues and economic development, as the pressure to rebuild a new Navajo economy has increased during the recent presidential election. For example, at the June 28, 2022 Navajo Nation Presidential Forum hosted by Diné College, Native American students from... |
2023 |
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| Mary Christina Wood |
THE OREGON FOREST TRUST: AN ECOLOGICAL ENDOWMENT FOR POSTERITY |
101 Oregon Law Review 515 (2023) |
Introduction. 520 I. Oregon's Forests: Silent and Vibrant Cathedrals Sustaining Life. 530 A. The Endowment. 530 1. Inestimable Functions of Forests. 531 2. Inseverable from the Rest of Nature. 534 B. Disastrous Management for Private Profit. 535 II. Legal Context of Management: Property Ownerships and Regulation. 538 A. The Ownership Prerogative.... |
2023 |
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| Helia Bidad |
THE POWER OF TRIBAL COURTS IN ONGOING ENVIRONMENTAL-TORT LITIGATION |
132 Yale Law Journal Forum 904 (2/17/2023) |
abstract. Cities, counties, and states across the country are bringing environmental and climate tort suits to hold environmental tortfeasors accountable. These cases are commonly brought in state and federal court, but the possibility of bringing these suits in tribal courts has largely been left out of the discussion. In the wake of attacks on... |
2023 |
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| Alexander M. Roider |
THE PROMISE AT THE END OF THE TRAIL: USING MCGIRT TO CLOSE THE TRIBAL ENTERPRISE PERFORMANCE GAP |
52 Public Contract Law Journal 323 (Winter, 2023) |
Despite being introduced in identical ways, tribal enterprises and Alaska Native Corporations have achieved vastly different outcomes in their government contracting operations. However, the Supreme Court's recent decision in McGirt v. Oklahoma may change this, handing down a potential beacon of hope to the underperforming tribal enterprises. This... |
2023 |
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| William Ortman |
THE PROSECUTION BAR |
101 Washington University Law Review 123 (2023) |
The American legal profession needs a prosecution bar. Before lawyers are permitted to appear for the government in a criminal case, they should be licensed not just to practice law, but to practice prosecution. The two are not the same. Regulating them as if they were fosters injustice and fortifies the carceral state. Doing justice is the... |
2023 |
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| Dylan R. Hedden-Nicely |
THE REPORTS OF MY DEATH ARE GREATLY EXAGGERATED: THE CONTINUED VITALITY OF WORCESTER v. GEORGIA |
52 Southwestern Law Review 255 (2023) |
Sovereign governments, like the people that form them, are imperfect. All have some level of corruption, privileging, and bias. Some, unfortunately, are despotic or rapidly moving in that direction. Most, however, strive to form a more perfect union, whereby they maintain their political integrity and economic security so as to improve the health... |
2023 |
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| Samuel S. Johnson |
THE RIGHT TO THE COPY: A CASE FOR APPLYING PHYSICAL TAKINGS PROTECTION TO INTELLECTUAL PROPERTY |
17 Liberty University Law Review 385 (Spring, 2023) |
Perhaps the only exception to the rule that every rule has its exceptions is the law of unintended consequences. An example may be found in the Supreme Court's 2020 ruling in Allen v. Cooper. Seeking to protect the rights of states against the federal judiciary, the Court ruled that states are immune from suit in federal court for copyright... |
2023 |
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| Kathryn Fort |
THE ROAD TO BRACKEEN: DEFENDING ICWA 2013-2023 |
72 American University Law Review 1673 (June, 2023) |
From 2013 to 2023, the Indian Child Welfare Act (ICWA) was challenged in the courts more than the Affordable Care Act. This Article lays out the history of the fight over ICWA from Baby Girl to Haaland, from my perspective as a clinical professor who has been involved with every major ICWA case since 2013, as well as my observations about why ICWA... |
2023 |
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| Lily Cohen |
THE ROLE OF ENVIRONMENTAL LAW IN ADDRESSING THE VIOLENT EFFECTS OF RESOURCE EXTRACTION ON NATIVE WOMEN |
47 Harvard Environmental Law Review 275 (2023) |
Native women face increased levels of sexual assault, sex trafficking, and other gender-based violence when resource extraction projects are located near Native communities. Recently, organizations have begun raising claims concerning the safety of Native women and children when challenging projects like the Keystone XL pipeline. However, these... |
2023 |
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| Russ VerSteeg |
THE ROLE OF LAW IN U.S. HISTORY TEXTBOOKS |
71 Cleveland State Law Review 363 (2023) |
This Article analyzes the references to law found in three standard U.S. History textbooks: (1) Alan Brinkley, American History Connecting with the Past 745 (McGraw-Hill Educ., 15th ed. 2015); (2) Eric Foner, Give Me Liberty! An American History 461 (Steve Forman et al. eds., 5th ed. 2017); and (3) David Goldfield et al., The American Journey: A... |
2023 |
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