AuthorTitleCitationSummaryYearKey Terms
Kendall Lawrenz REMEDYING THE HEALTH IMPLICATIONS OF STRUCTURAL RACISM THROUGH REPARATIONS 90 George Washington Law Review 1018 (August, 2022) From the early introduction of slavery to the United States, not only did the economic prosperity of slavery depend on extracting reproductive labor from Black birthing people, but so did the field of medicine. Enslaved Black people were experimented on and forced to undergo inhumane procedures in the name of science, yet as the medical profession... 2022  
Susan K. Serrano , Ian Falefuafua Tapu REPARATIVE JUSTICE IN THE U.S. TERRITORIES: RECKONING WITH AMERICA'S COLONIAL CLIMATE CRISIS 110 California Law Review 1281 (August, 2022) This Article links the climate crisis with the ongoing colonization of the U.S. territories. It explores how the U.S. territories' political status--rooted in U.S. colonialism--limits their ability to develop meaningful adaptation efforts to combat the climate crisis in their islands. It offers a developing conceptual framework that draws upon... 2022  
C. Steven Hager REPRINT: THE RULE OF LAW: MCGIRT v. OKLAHOMA AND THE RECOGNITION OF THE MUSCOGEE (CREEK) RESERVATION 46 American Indian Law Review 308 (2022) As this special dedication issue dives into the testimonials in honor of Professor Hager, the incoming Board has decided to include a work by Professor Hager, to share his passion with you, the reader, in his own words. This article, written by Professor C. Steven Hager, was one of the last works Professor Hager published with Oklahoma Indian Legal... 2022  
Whitney Saunders RESISTING INDIGENOUS ERASURE IN RHODE ISLAND: THE NEED FOR COMPULSORY NATIVE AMERICAN HISTORY IN RHODE ISLAND SCHOOLS 27 Roger Williams University Law Review 379 (Spring, 2022) Before we begin, I want to take a moment to reflect on the lands on which we reside. We are coming from many places, physically and remotely, and we want to acknowledge the ancestral homelands and traditional territories of Indigenous and Native peoples who have been here since time immemorial and to recognize that we must continue to build our... 2022  
Bill Piatt RESPECTING THE IDENTITY AND DIGNITY OF ALL INDIGENOUS AMERICANS 6 Howard Human & Civil Rights Law Review 83 (2021-2022) The United States government attempted to eliminate Native Americans through outright physical extermination and later by the eradication of Indian identity through a boarding school system and other paper genocide mechanisms. One of those mechanisms is the recognition of some Natives but not the majority, including those who ancestors were... 2022  
Matthew L.M. Fletcher RESTATEMENT AS AADIZOOKAAN 2022 Wisconsin Law Review 197 (2022) Introduction. 197 I. Waabanong. 199 II. Zhaawanong. 201 III. Niingaabii'anong. 204 IV. Kiiwedinong. 206 Conclusion. 210 2022  
Richard J. Wallsgrove RESTORATIVE ENERGY JUSTICE 40 UCLA Journal of Environmental Law & Policy 133 (2022) While distributive justice and procedural justice have received substantial attention from energy scholars, recent work identifies restorative justice as an underdeveloped component of the energy justice framework. As conceived in the context of criminal law, restorative justice seeks to more precisely account for harms and obligations that arise... 2022  
Sara E. Hill RESTORING OKLAHOMA: JUSTICE AND THE RULE OF LAW POST-MCGIRT 57 Tulsa Law Review 553 (Spring, 2022) I. Introduction. 554 II. Criminal Jurisdiction in a Post-McGirt World: The Creation of Modern Criminal Jurisdictional Rules in Indian Country. 558 A. Evolution of Criminal Jurisdiction in Indian Country. 559 III. The Post-McGirt Toolkit: Jurisdictional Problem-solving in Indian Country. 565 A. Public Law 280. 565 B. Cross-deputation Agreements. 567... 2022  
Taino J. Palermo RETURNING HOME AND RESTORING TRUST: A LEGAL FRAMEWORK FOR FEDERALLY NON-RECOGNIZED TRIBAL NATIONS TO ACQUIRE ANCESTRAL LANDS IN FEE SIMPLE 27 Roger Williams University Law Review 305 (Spring, 2022) There is a special trust relationship between the federal government and American Indian tribes, referred to as the trust responsibility. However, it is difficult to frame the scope of this relationship. One narrow interpretation is the trust instrument formed when the federal government takes tribal land in fee simple, to manage for the benefit... 2022  
Nicole Mecca RIDING THE WAVE: FAIRNESS FOR FOREIGN INVESTORS IN INDIA'S IMPENDING INSOLVENCY TSUNAMI 27 Fordham Journal of Corporate and Financial Law 619 (2022) Reminiscent of the warning signs of a tsunami, bankruptcy and insolvency courts across the globe have been eerily calm despite unprecedented conditions during the COVID-19 pandemic. The full extent of the pandemic's effect, including a tidal wave of wide-spread corporate and financial sector harm and wide-spread economic distress, remains to be... 2022  
Adriel I. Cepeda Derieux , Rafael Cox Alomar SAYING WHAT EVERYONE KNOWS TO BE TRUE: WHY STARE DECISIS IS NOT AN OBSTACLE TO OVERRULING THE INSULAR CASES 53 Columbia Human Rights Law Review 721 (Spring, 2022) At no other point in recent history have the so-called Insular Cases, and their enduring colonial legacy, elicited as intense a debate in Congress, the U.S. Department of Justice, the federal courts, and the territories as right now. Today, these early-twentieth-century cases--which notoriously established a continuing distinction between... 2022  
Heather J. Tanana SECURING A PERMANENT HOMELAND: THE FEDERAL GOVERNMENT'S RESPONSIBILITY TO PROVIDE CLEAN WATER ACCESS TO TRIBAL COMMUNITIES 69-APR Federal Lawyer 52 (March/April, 2022) Water is life--critical to the health, socioeconomic, and cultural needs of any community. Every household in the United States needs and deserves access to clean, reliable, and affordable drinking water. Yet, tribal communities face high rates of water insecurity. More than a half million people--nearly 48 percent of tribal homes in Native... 2022  
Scott Franks SOME REFLECTIONS OF A MÉTIS LAW STUDENT AND ASSISTANT PROFESSOR ON INDIGENOUS LEGAL EDUCATION IN CANADA 48 Mitchell Hamline Law Review 744 (May, 2022) This Article is a reflection on some of my experiences as a Métis law student and assistant professor on the subject of Indigenous legal education in Canada. I introduce myself and what brought me to law school and describe some of my experiences as a law student, as a co-president of an Indigenous Students Association, and as a student organizer... 2022  
Angelique EagleWoman, Wambdi A. Was'teWinyan, Dominic J. Terry, Lani Petrulo., Dr. Gavin Clarkson, Angela Levasseur, Leah R. Sixkiller, Jack Rice STORYTELLING AND TRUTH-TELLING: PERSONAL REFLECTIONS ON THE NATIVE AMERICAN EXPERIENCE IN LAW SCHOOLS 48 Mitchell Hamline Law Review 704 (May, 2022) I. Introduction. 705 II. Becoming a Native Lawyer. 710 A. Ya'at'eeh!. 710 B. Don't Be A Victim of Your Environment. 710 C. Work Hard, and Never Give Up. 711 D. The Scenic Route. 711 E. So Close, Yet So Far. 712 F. The Bar Exam Does Not Define You!. 713 G. Ya'at'eeh, My Name is Dominic Terry. 713 III. Barred: A Personal Reflection on the Native... 2022  
Jordan Gross TAKING STOCK: OPEN QUESTIONS AND UNFINISHED BUSINESS UNDER THE VAWA AMENDMENTS TO THE INDIAN CIVIL RIGHTS ACT 73 Hastings Law Journal 475 (February, 2022) The primary statutory tool for federal regulation of Tribal court criminal procedure is the Indian Civil Rights Act of 1968 (ICRA). ICRA replicated most of the procedural protections in the Bill of Rights applicable to the States, as then interpreted by the Supreme Court. ICRA also sets out procedures Tribes must extend to criminal defendants in... 2022  
Kyle Willmott , Department of Sociology & Anthropology, Simon Fraser University, Burnaby, British Columbia, Canada TAXES, TAXPAYERS, AND SETTLER COLONIALISM: TOWARD A CRITICAL FISCAL SOCIOLOGY OF TAX AS WHITE PROPERTY 56 Law and Society Review 6 (March, 2022) In settler colonial states such as Canada, tax is central to political ideas that circulate about Indigenous nations and people. The stories that are told about Indigenous peoples by taxpayers' often involve complaints about budgets, welfare, and unfair tax arrangements. The paper theorizes how informal tax imaginaries' and taxpayer... 2022  
Jonathan Adler, Charles Doran, Rosemary McCarney, Martha Hall Findlay, Hugh Short TENSIONS AND OPPORTUNITY IN ARCTIC DEVELOPMENT AND STEWARDSHIP 46 Canada-United States Law Journal 77 (2022) MR. STEPHEN PETRAS: Welcome back everyone. We will now start our formal afternoon panel session of our conference. Our next panel will delve into tensions and opportunity in Arctic development and stewardship. Our moderator is Professor Jonathan Adler. Jonathan is the Johan Verheij Memorial Professor of Law here at Case Western Reserve University,... 2022  
Kate R. Finn , Christina A.W. Stanton THE (UN)JUST USE OF TRANSITION MINERALS: HOW EFFORTS TO ACHIEVE A LOW-CARBON ECONOMY CONTINUE TO VIOLATE INDIGENOUS RIGHTS 33 Colorado Environmental Law Journal 341 (Spring, 2022) C1-2Table of Contents Introduction. 342 I. The Intersection of Indigenous Rights and Extractive Industries. 346 A. Past Patterns. 347 B. Present Economic Drivers. 353 II. Global Standards to Shape the Supply Chain. 356 III. Russian Indigenous Peoples and Nornickel--A Developing Case Study. 360 IV. Next Steps to a Green Future. 364 A. Strengthening... 2022  
Christopher R. Leslie THE AMERICA WITHOUT MARRIAGE EQUALITY: FA'AFAFINE, THE INSULAR CASES, AND MARRIAGE INEQUALITY IN AMERICAN SAMOA 122 Columbia Law Review 1769 (October, 2022) American Samoa is the only U.S. jurisdiction that does not recognize gender-neutral marriage despite the Supreme Court's Obergefell decision invalidating laws that limit marriage to male-female couples. Among U.S. territories, American Samoa has five unique features: It is the only territory that the United States acquired through negotiation with... 2022  
Angela R. Riley THE ASCENSION OF INDIGENOUS CULTURAL PROPERTY LAW 121 Michigan Law Review 75 (October, 2022) Indigenous Peoples across the world are calling on nation-states to decolonize laws, structures, and institutions that negatively impact them. Though the claims are broad based, there is a growing global emphasis on issues pertaining to Indigenous Peoples' cultural property and the harms of cultural appropriation, with calls for redress... 2022  
Julia Brokaw , Hudson B. Kingston , Jordan Hughes THE 'BURBS AND THE BEES: RACE, CLASS, AND RPBB POLICY IN MINNESOTA 23 Minnesota Journal of Law, Science & Technology 473 (5/27/2022) Conserving the Rusty Patched Bumble Bee (RPBB) is a complicated scientific and legal effort that will require bee researchers, community organizers, and environmental justice coalitions to band together to reverse their decline. However, recent local and national disputes over the conservation of the RPBB demonstrate how a fragmented strategy will... 2022  
Kristine A. Huskey THE CASE FOR TRIBAL VETERANS HEALING TO WELLNESS COURTS 90 UMKC Law Review 577 (Spring, 2022) American Indians and Alaska Natives (AIAN) have a long history of serving in the United States military in relatively high numbers, and they continue to do so to this day. In some conflicts, for example the Vietnam War, AIAN soldiers saw disproportionately high rates of combat and were often assigned perilous duties, such as walking point and... 2022  
Tom I. Romero, II THE COLOR OF LOCAL GOVERNMENT: OBSERVATIONS OF A BROWN BUFFALO ON RACIAL IMPACT STATEMENTS IN THE MOVEMENT FOR WATER JUSTICE 25 CUNY Law Review 241 (Summer, 2022) This Article advocates for the adoption of racial impact statements (RIS) in local government decision making, particularly among water utilities. Situated in the larger history of water and climate injustice in Colorado and the arid American West, this Article examines ways that racially minoritized communities engage and contest legal and... 2022  
David S. Schwartz THE COMMITTEE OF STYLE AND THE FEDERALIST CONSTITUTION 70 Buffalo Law Review 781 (April, 2022) The conventional interpretation of the Constitution assumes that the Committee of Style, which created the final draft of the Constitution, lacked authority to engage with substance; therefore, any arguably substantive changes it purportedly made should be disregarded in favor of earlier draft language found in the records of the Constitutional... 2022  
Bethany Sullivan, Jennifer Turner THE CONTINUED IMPACT OF CARCIERI ON THE RESTORATION OF TRIBAL HOMELANDS: IN NEW ENGLAND AND BEYOND 27 Roger Williams University Law Review 322 (Spring, 2022) In 2009, the United States Supreme Court decided Carcieri v. Salazar, a case involving the Department of the Interior's (the Department or Interior) authority under section 5 of the Indian Reorganization Act (IRA) to acquire land into trust for the Narragansett Indian Tribe. Prior to the Supreme Court's decision, Interior had long interpreted the... 2022  
Kylah Staley THE EXTRACTION INDUSTRY IN LATIN AMERICA AND THE PROTECTION OF INDIGENOUS LAND AND NATURAL RESOURCE RIGHTS: FROM CONSULTATION TOWARD FREE, PRIOR, AND INFORMED CONSENT 73 Hastings Law Journal 1145 (May, 2022) Resource extraction and exploitation threaten the survival of Indigenous and tribal peoples, who are amongst the most marginalized communities in the world. This is both a human rights issue and an environmental issue. There are around 300 million people that make up Indigenous communities worldwide, the majority of whom live in forests.... 2022  
Grant Christensen THE EXTRADITION CLAUSE AND INDIAN COUNTRY 97 North Dakota Law Review 355 (2022) I. INTRODUCTION. 355 II. THE ENFORCEABILITY OF THE EXTRADITION CLAUSE. 357 A. Dennison and the Inability of Federal Courts to Enforce the Extradition Clause. 358 B. Branstad and a New Role for Federal Courts Enforcing the Extradition Clause. 360 III. THE EXTRADITION CLAUSE IN INDIAN COUNTRY. 361 A. THE GEOGRAPHIC NATURE OF INDIAN COUNTRY. 362 B.... 2022  
Evanson Chege Kamau , Faculty of Law, University of Bremen, Bremen, Germany, e-mail: echege@uni-bremen.de THE FASTEST ANIMALS ARE NOT THE FASTEST OVER TIME: MALAYSIA ADOPTS A COMPREHENSIVE ABS LEGISLATION AFTER A LONG STEADY EFFORT 95 IUS Gentium 355 (2022) Abstract Malaysia did not have a law to regulate access to genetic resources, associated traditional knowledge (aTK) and benefit-sharing at a Federal level prior to the Nagoya Protocol. Only two States, Sabah and Sarawak, had such a law. Following the assent of the bill of 2017 regulating access and benefit-sharing (ABS) within the entire territory... 2022  
Sam F. Halabi THE HEALTHCARE LEGACY OF THE MISSION CIVILISATRICE IN UNINCORPORATED U.S. TERRITORIES 20 Northwestern Journal of Human Rights 121 (3/30/2022) ABSTRACT--Individual and population health in unincorporated U.S. territories-- American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands--lag terribly behind those in the 50 U.S. states and D.C. The populations in the territories--with drastically higher rates of poverty-- suffer and die from chronic conditions... 2022  
K-Sue Park THE HISTORY WARS AND PROPERTY LAW: CONQUEST AND SLAVERY AS FOUNDATIONAL TO THE FIELD 131 Yale Law Journal 1062 (February, 2022) This Article addresses the stakes of the ongoing fight over competing versions of U.S. history for our understanding of law, with a special focus on property law. Insofar as legal scholarship has examined U.S. law within the historical context in which it arose, it has largely overlooked the role that laws and legal institutions played in... 2022  
Yuri G. Mantilla THE IMPLEMENTATION OF THE RIGHT TO SELF-DETERMINATION OF AYMARA AND QUECHUA INDIGENOUS PEOPLES: AN INTERNATIONAL NORMATIVE RESPONSE TO THE SPANISH CONQUEST OF TAWANTINSUYU 36 Emory International Law Review 287 (2022) Contrary to ethnocentric views of law, this Article proposes an inter-civilizational perspective of international law. This perspective provides an analytical tool to understand the importance of preserving and empowering diverse cultures and peoples. In a globalized world, there is an increasing recognition of the contributions of diverse cultures... 2022  
Christina Duffy Ponsa-Kraus THE INSULAR CASES RUN AMOK: AGAINST CONSTITUTIONAL EXCEPTIONALISM IN THE TERRITORIES 131 Yale Law Journal 2449 (June, 2022) The Insular Cases have been enjoying an improbable--and unfortunate-- renaissance. Decided at the height of what has been called the imperialist period in U.S. history, this series of Supreme Court decisions handed down in the early twentieth century infamously held that the former Spanish colonies annexed by the United States in 1898--Puerto... 2022  
Alexandra Huneeus THE LEGAL STRUGGLE FOR RIGHTS OF NATURE IN THE UNITED STATES 2022 Wisconsin Law Review 133 (2022) Introduction. 133 I. The Origins of U.S. Nature Rights. 138 A. Codifying Navajo Common Law. 139 B. Corporate Persons and Toxic Sludge. 141 C. Ecuador's Constitution as a Catalyst. 145 II. The Quixotic Persistence of Non-Human Rights in the USA. 149 A. Transnational Legitimacy and Symbolic Politics. 150 B. The (Re)Turn to Native American Law. 152 C.... 2022  
Sabrina Frydman THE MATANZA-RIACHUELO BASIN CASE: LESSONS IN ENVIRONMENTAL ACTIVISM FROM THE ARGENTINE SUPREME COURT AND CIVIL SOCIETY ORGANIZATIONS 28 Southwestern Journal of International Law 47 (2022) I. Introduction. 48 II. The Legal Basis for Environmental Claims From a Human Rights Perspective. 50 III. Lessons in Environmental Activism: The Mendoza Case. 56 A. Environmental Issues in the Public Agenda and the Matanza-Riachuelo Basin Crisis. 56 B. Behind the Scenes: Social Activism. 60 C. A Court for the Environment: Ensuring Public Policy... 2022  
Charles W. Tyler , Heather K. Gerken THE MYTH OF THE LABORATORIES OF DEMOCRACY 122 Columbia Law Review 2187 (December, 2022) A classic constitutional parable teaches that our federal system of government allows states to function as laboratories of democracy. This tale has been passed down from generation to generation, often to justify constitutional protections for state autonomy from the federal government. But scholars have failed to explain how state governments... 2022  
Robert G. Natelson THE ORIGINAL UNDERSTANDING OF THE INDIAN COMMERCE CLAUSE: AN UPDATE 23 Federalist Society Review 209 (8/29/2022) The Congress shall have Power . To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes. C1-2Table of Contents I. Recent and Pending Litigation. 211 II. Previous Scholarship. 212 III. Goals of this Article. 213 IV. Some Principles of Originalist Analysis. 214 V. The Constitutional Scheme: Separation of... 2022  
Michelle Bryan THE POWER OF RECIPROCITY: HOW THE CONFEDERATED SALISH & KOOTENAI WATER COMPACT ILLUMINATES A PATH TOWARD NATURAL RESOURCES RECONCILIATION 25 University of Denver Water Law Review 227 (Spring, 2022) INTRODUCTION. 229 The Peoples and Their Place. 230 Why This Story Matters. 232 Roadmap for this Article. 235 I. HOW THE FEDERAL GOVERNMENT SET THE STAGE FOR TRIBAL-STATE COMPETITION OVER SCARCE WATER RESOURCES. 235 A. It Began in Montana: The Winters Doctrine and Tribal Water Rights. 235 B. The McCarran Amendment and its Impact on Tribal-State... 2022  
Nick Crockett THE RISE OF CRITICAL INFRASTRUCTURE PROTEST LEGISLATION AND ITS IMPLICATIONS FOR RADICAL CLIMATE ACTIVISM 33 Colorado Environmental Law Journal 407 (Spring, 2022) C1-2Table of Contents Introduction. 408 I. Background on State Repression and Vilification of Radical Environmental Activists. 411 A. Direct Action. 412 B. Animal Enterprise Terrorism Act. 413 C. Standing Rock and Valve Turners: The Impetus for the Rise of Critical Infrastructure Protest Laws. 415 II. Survey and Statutory Analysis of Critical... 2022  
Arthur D. Middleton, Temple Stoellinger, Drew E. Bennett, Travis Brammer, Laura Gigliotti, Hilary Byerly Flint, Sam Maher, Bryan Leonard THE ROLE OF PRIVATE LANDS IN CONSERVING YELLOWSTONE'S WILDLIFE IN THE TWENTY-FIRST CENTURY 22 Wyoming Law Review 237 (2022) I. Introduction. 238 II. Origins, Ownership, and Use of Private Land in the Gye. 244 III. Importance of Private Lands to Wide-Ranging Wildlife in the Gye. 251 A. The Grizzly Bear. 252 B. The Elk. 254 IV. Conceptual Basis for Wildlife Conservation on Private Lands. 260 A. Responsibilities of Landowners Toward Wildlife; and of the Public Toward... 2022  
Ming Tanigawa-Lau THE STATE'S KULEANA: DECONSTRUCTING THE PERMITTING PROCESS FOR THE THIRTY-METER TELESCOPE AND FINDING RESTORATION THROUGH SYSTEMIC VALIDATION OF NATIVE HAWAIIAN RIGHTS 68 UCLA Law Review 1390 (January, 2022) To many Native Hawaiians, Maunakea is a sacred place, central to their creation. To the astronomy community, it represents modern astronomy's greatest opportunity for scientific advancement. The steady construction of observatories on Maunakea since the 1960s, and the resultant destruction of the mountain's natural and spiritual landscape... 2022  
Jessica A. Shoemaker THE TRUTH ABOUT PROPERTY 120 Michigan Law Review 1143 (April, 2022) Federal Ground: Governing Property and Violence in the First U.S. Territories. By Gregory Ablavsky. New York: Oxford University Press. 2021. Pp. ix, 350. $39.95. The truth about stories is that that's all we are. This is one of the repeated refrains in Thomas King's The Truth About Stories: A Native Narrative. King is an American-born Canadian... 2022  
Elizabeth Dunne, Esq. THE US PRESIDENT AND ARMY CORPS' DISCRETION AND AUTHORITY WITH REGARD TO EXECUTIVE ACTION IN FURTHERANCE OF BREACHING THE LOWER SNAKE RIVER DAMS 14 Golden Gate University Environmental Law Journal 1 (Spring, 2022) This article takes an in depth look at the legal landscape applicable to the exercise of executive branch authority in the context of breaching the four dams on the lower Snake River. It demonstrates how executive authority can play an important role when it comes to addressing the climate crisis and biodiversity loss as well as in taking steps... 2022  
Michael C. Blumm , Susan Jane M. Brown , Chelsea Stewart-Fusek THE WORLD'S LARGEST ECOSYSTEM MANAGEMENT PLAN: THE NORTHWEST FOREST PLAN AFTER A QUARTER-CENTURY 52 Environmental Law 151 (Spring, 2022) For decades, the public forests of the Pacific Northwest were subject to widespread clearcutting of their old-growth trees as part of a federal policy promoting industrial logging. That era came to an end in the early 1990s, due to court injunctions enforcing environmental laws like the National Environmental Policy Act and the National Forest... 2022  
Gabe Chess THIRD-PARTY BENEFICIARIES OF GOVERNMENT CONTRACTS: IMAGINING AN EQUITABLE APPROACH AND APPLYING IT TO BROKEN PROMISES IN DETROIT 121 Michigan Law Review 291 (November, 2022) Courts have widely adopted a heightened standard for recognizing third-party beneficiaries of government contracts. But the justifications offered for the heightened standard do not withstand scrutiny. Instead, courts should apply a series of equitable factors to produce results consistent with the concern for manifest justice that animates... 2022  
Rebecca Bratspies THIS GREAT CATASTROPHE: BUNGLING PANDEMICS FROM 1918 TO TODAY 30 Michigan State International Law Review 189 (2022) I had a little bird, Its name was Enza. I opened the window, And in-flu-enza. In examining how badly the United States bungled its COVID-19 pandemic response, it is worth going back to the dire warnings issued two years earlier--on the 100th anniversary of the 1918 flu pandemic. Scientists and policymakers cautioned that the next pandemic would... 2022  
Mariana Muñoz THIS LAND IS MY LAND, THIS LAND IS YOUR LAND, BUT WHERE IS THE ENVIRONMENTAL JUSTICE? 23 Vermont Journal of Environmental Law 296 (Spring, 2022) Introduction. 296 I. Background. 298 A. A History of Broken Promises. 298 B. The Environmental Justice Movement. 300 C. Native Americans and Tribal Interplay with the Environmental Justice Movement. 301 II. Legal Analysis. 303 A. The Landmark Decision: McGirt v. Oklahoma. 303 B. Indian Nation Post McGirt: Generally. 306 C. Indian Nation Post... 2022  
Madelyn Lehualani McKeague TO RAISE THE HEALTH STATUS OF NATIVE HAWAIIANS TO THE HIGHEST POSSIBLE LEVEL: AN EXPANSIVE READING OF THE NATIVE HAWAIIAN HEALTH CARE IMPROVEMENT ACT 24 Asian-Pacific Law and Policy Journal 120 (Fall, 2022) I. Introduction. 121 II. Kuleana: Trust and Responsibility. 123 A. A Brief History of the Colonization of Hawai'i. 124 B. Health Effects of Colonization. 127 C. The Trust Relationship. 129 III. The Native Hawaiian Health Care Improvement Act. 133 A. E Ola Mau. 134 B. The Text of the Act. 137 C. Papa Ola Lkahi. 140 D. E Ola Mau A Mau. 141 IV.... 2022  
Angelique EagleWoman, Wambdi A. Was'teWinyan TRAILBLAZING AND LIVING A PURPOSEFUL LIFE IN THE LAW: A DAKOTA WOMAN'S REFLECTIONS AS A LAW PROFESSOR 51 Southwestern Law Review 227 (2022) This Essay is a reflection from my perspective as a Dakota woman law professor on my fifth law school faculty. In the illuminating work of Meera Deo, light is shone on the experience of women of color legal academics. Unequal Profession: Race and Gender in Legal Academia is a book that should be required reading at every law school. As women of... 2022  
Adam Crepelle TRIBAL LAW'S INDIAN LAW PROBLEM: HOW SUPREME COURT JURISPRUDENCE UNDERMINES THE DEVELOPMENT OF TRIBAL LAW AND TRIBAL ECONOMIES 29 Virginia Journal of Social Policy and the Law 93 (Winter 2022) Reservation Indians are the poorest people in the United States; in fact, Indian country is commonly likened to the third world. Houses in Indian country often lack access to water and electricity. Reservation unemployment rates consistently linger at fifty percent. Many believe Indian country is lawless, so significant natural resource endowments... 2022  
Ann E. Tweedy TRIBES, FIREARM REGULATION, AND THE PUBLIC SQUARE 55 U.C. Davis Law Review 2625 (June, 2022) We stand at a crossroads with the United States Supreme Court seemingly poised, in New York State Rifle & Pistol Association v. Bruen, to expand the right of individualized self-defense first recognized in District of Columbia v. Heller, and shortly thereafter extended to states in McDonald v. City of Chicago. The Court's decision in Heller has... 2022  
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