| Author | Title | Citation | Summary | Year | Key Terms |
| Brent D. Chicken, Amanda J. Dick |
SOVEREIGN LANDS |
7 One J: Oil and Gas, Natural Resources, and Energy Journal 499 (December, 2021) |
C1-2Table of Contents I. Introduction. 499 II. Federal Regulatory Developments. 500 A. Amendments. 500 B. New Rules. 502 III. Judicial Developments. 503 A. Moratorium on Federal Leases. 503 B. The Waste Prevention Rule. 504 C. Subject Matter Jurisdiction Under the Indian Tucker Act. 505 |
2021 |
Yes |
| Jeremy Rabkin |
SOVEREIGNTY AS A BRAKE ON NATIONALISM |
17 University of Saint Thomas Law Journal 611 (Fall, 2021) |
Even before the coronavirus pandemic, there were loud protests against globalism or globalization--terms that seemed to denote (to critics) the erasure of national boundaries. Such protests were often characterized as nationalist. Sometimes they were described as protests against threats to national sovereignty. The rhetoric might seem... |
2021 |
Yes |
| Theresa Rocha Beardall, J.D., Ph.D. |
SOVEREIGNTY THREAT: LOREAL TSINGINE, POLICING, AND THE INTERSECTIONALITY OF INDIGENOUS DEATH |
21 Nevada Law Journal 1025 (Spring, 2021) |
In March 2016, Loreal Tsingine, a twenty-seven-year-old Diné mother living in Winslow, Arizona, was killed by Officer Austin Shipley. After two investigations insinuated that Shipley was justified in using fatal force to take Ms. Tsingine's life, the Navajo Nation filed two suits in federal court: one against the city claiming that the Winslow... |
2021 |
Yes |
| Darrah Blackwater |
SPECTRUM SOVEREIGNTY |
57-AUG Arizona Attorney 50 (July/August, 2021) |
The Legend of Turquoise Boy tells a tale of a Diné boy who seeks to make life easier for his people by helping them get from place to place efficiently. Turquoise Boy, son of Changing Woman, takes a harrowing journey across a rainbow bridge to seek help from his father, Tsohanoai, or Sun Bearer. At first, Sun Bearer does not help the boy. I travel... |
2021 |
Yes |
| Dillon Dobson |
SUSTAINABLE RED POWER: TRIBAL ENERGY SOVEREIGNTY AND THE WAY FORWARD |
12 Arizona Journal of Environmental Law & Policy 40 (Fall, 2021) |
Tribes are not vestiges of the past, but laboratories of the future. Vine Deloria Jr. This article will examine how tribes can synthesize Indigenous ingenuity and federal self-determination policy to strengthen their cultural and political institutions by developing sophisticated solar-based microgrids and leveraging blockchain technology. This... |
2021 |
Yes |
| Jennifer Danis , Michael Bloom |
TAKING FROM STATES: SOVEREIGN IMMUNITY'S PRECLUSIVE EFFECT ON PRIVATE TAKINGS OF STATE LAND |
32 Stanford Law and Policy Review 59 (February, 2021) |
The core of a state is its physical presence and dominion over its land. States are now battling to maintain their dignity as sovereigns, while traditional tools essential to federalism risk erosion. Private actors, ostensibly empowered by the federal government to condemn land through eminent domain, threaten state sovereignty by attempting to... |
2021 |
Yes |
| Jake Reimer |
TERMINATION: A SOLUTION TO CANADIAN ENTITLEMENT VALUATION DISPUTES |
22 Oregon Review of International Law 223 (2021) |
Introduction. 224 I. Treaty Basics. 225 A. Treaty Entities. 225 B. Treaty Goals and Considerations. 226 C. The Canadian Entitlement and Its Importance. 228 D. Calculating Power Benefits. 229 E. Expiring Flood Control Provision. 231 1. Assured Versus Called-Upon Flood Control. 231 2. What Constitutes a Flood?. 233 F. CRT Termination, Boundary Waters... |
2021 |
Yes |
| Trillium Chang |
THE CHINESE EXCLUSION CASES AND POLICING IN THE FOURTH AMENDMENT-FREE ZONE |
73 Stanford Law Review Online 209 (September, 2021) |
In the United States, there are two types of borders. The first type is the one politicians talk and debate about: tall fences surrounded by barbed wire jutting out of the dirt. The second type is hidden in plain sight. It extends 100 miles inland from all sea and land borders and covers two-thirds of the U.S. population, from New York, to Chicago,... |
2021 |
Yes |
| Mitra V. Yazdi |
THE DIGITAL REVOLUTION AND THE DEMISE OF DEMOCRACY |
23 Tulane Journal of Technology and Intellectual Property 61 (Spring, 2021) |
I. Introduction. 61 II. Internal Threats--Hate Speech, Anonymization, and Undue Influence. 62 III. External Threats--Disinformation, Destabilization, and the Cyber Warfare. 70 IV. Democratic Responses--Deficiencies of Speed, Scale, and Sustatnability. 78 V. Authoritarianism, Cyber Sovereignty, and Reassertion of State Control. 88 VI. Conclusion. 98 |
2021 |
Yes |
| Ilias Bantekas |
THE EMERGING UN BUSINESS AND HUMAN RIGHTS TREATY AND ITS CODIFICATION OF INTERNATIONAL NORMS |
12 George Mason International Law Journal 1 (Fall, 2021) |
The 2019 and 2020 versions of the draft Business and Human Rights Treaty (BHR Treaty) signal a move away from soft law and self-regulation for multinational corporations (MNCs) and entities engaged in transnational business activities. There is some resistance to the treaty from industrialized states, although they have failed to tackle root causes... |
2021 |
Yes |
| Michael Benjamin Smith |
THE FEDERAL PUBLIC TRUST DOCTRINE OF ILLINOIS CENTRAL: THE MISUNDERSTOOD LEGACY OF APPLEBY v. CITY OF NEW YORK |
51 Environmental Law 515 (Summer, 2021) |
The public trust doctrine imposes obligations and restrictions on governments in their exercise of sovereign power over property and resources of great public value. For environmental plaintiffs alleging that the federal government has breached its fiduciary obligation as a steward of natural resources, the vitality of the public trust doctrine... |
2021 |
Yes |
| Jonathan W. Reiswig |
THE IMPACT OF RCRA AND MCGIRT ON TRIBAL SOLID WASTE REGULATIONS |
7 One J: Oil and Gas, Natural Resources, and Energy Journal 1 (August, 2021) |
C1-2Table of Contents I. Introduction. 2 II. Background. 3 A. Tribal Sovereignty and Jurisdiction. 3 1. Tribal Civil Regulatory Jurisdiction. 5 2. Tribal Civil Adjudicatory Jurisdiction. 6 3. Tribal Criminal Jurisdiction. 7 4. Public Law 280. 8 B. Environmental Federalism. 9 1. Federal Environmental Regulation Background. 10 2. Tribes and... |
2021 |
Yes |
| Lauren King |
THE INDIAN TREATY CANON AND MCGIRT v. OKLAHOMA: RIGHTING THE SHIP |
56 Tulsa Law Review 401 (Spring, 2021) |
I. Introduction. 401 II. The Disparate Standards for Treaty Right Abrogation. 402 A. The Indian Canons. 402 B. The High Bar for Abrogation of Treaty Usufructuary Rights. 403 C. The Solem Standard for Abrogation of Treaty Rights to a Homeland. 405 III. McGirt Corrects the Test for Treaty Rights Abrogation, Rejecting Consideration of Extratextual... |
2021 |
Yes |
| Lorianne Updike Toler |
THE MISSING INDIAN AFFAIRS CLAUSE |
88 University of Chicago Law Review 413 (March, 2021) |
Congressional plenary power over Native Americans sits in direct conflict with tribal sovereignty. Scholarship and case law justifying plenary power run the gamut from finding an expansive preconstitutional federal plenary power over Native Americans to narrowly reading the Indian Commerce Clause to limit congressional power to trade alone. All... |
2021 |
Yes |
| William Baude , Stephen E. Sachs |
THE MISUNDERSTOOD ELEVENTH AMENDMENT |
169 University of Pennsylvania Law Review 609 (February, 2021) |
The Eleventh Amendment might be the most misunderstood amendment to the Constitution. Both its friends and enemies have treated the Amendment's written text, and the unwritten doctrines of state sovereign immunity, as one and the same--reading broad principles into its precise words, or treating the written Amendment as merely illustrative of... |
2021 |
Yes |
| Katherine Farrell Ginsbach |
THE OGLALA LAKOTA AND THE RIGHT TO HEALTH: THE FORGOTTEN AMERICANS |
24 Quinnipiac Health Law Journal 237 (2021) |
C1-3Table of Contents I. Introduction. 239 II. Background. 241 A. Oglala Lakota Demographics. 241 III. Historical Significance. 244 A. Fort Laramie Treaty of 1868. 245 B. The Black Hills and Dawes Act. 247 C. Snyder Act through Present Day. 248 IV. Indigenous Peoples' Health in the United States. 251 A. Indian Health Services. 253 B. Disease... |
2021 |
Yes |
| Fred O. Smith, Jr. |
THE OTHER ORDINARY PERSONS |
78 Washington and Lee Law Review 1071 (Summer, 2021) |
If originalism aims to center the original public meaning of text, who constitutes the public? Are we doing enough to capture historically excluded voices: impoverished white planters; dispossessed Natives; silenced women; and the enslaved? If not, what more is required? And for those who are not originalists, how do we ensure that, as American... |
2021 |
Yes |
| Kirsty Gover |
THE POTENTIAL IMPACT OF INDIGENOUS RIGHTS ON THE INTERNATIONAL LAW OF NATIONALITY |
115 AJIL Unbound 135 (2021) |
International law has long recognized that the power of a state to identify its nationals is a central attribute of sovereignty and firmly within the purview of domestic law. Yet these boundaries may be shifting, in part due to the effect of international human rights norms. In 2011, citizenship scholar Peter Spiro asked, [w]ill international law... |
2021 |
Yes |
| Kate Sablosky Elengold, Jonathan D. Glater |
THE SOVEREIGN SHIELD |
73 Stanford Law Review 969 (April, 2021) |
As the federal government has come to rely increasingly on private companies to perform government functions, more businesses are testing the power of the resulting contractual relationships to shield themselves from liability, regulation, and oversight. Such nongovernmental entities seek the benefit of what we call the federal... |
2021 |
Yes |
| Jane Perkins, Sarah Somers, Abigail Coursolle |
THE SUPREME COURT REINFORCES BARRIERS TO COURT ACCESS: CASES FROM THE 2019-2020 TERM |
13 Northeastern University Law Review 575 (May, 2021) |
Introduction 577 I. State Sovereign Immunity 579 II. Stating Claims for Discrimination 583 A. Comcast Corporation v. National Association of African-American Owned Media 583 B. Babb v. Wilkie 584 III. Statutory Interpretation 587 A. Bostock v. Clayton County, Georgia 587 B. County of Maui v. Hawai'i Wildlife Fund 588 C. United States Forest Service... |
2021 |
Yes |
| Daniel Peat |
THE TYRANNY OF CHOICE AND THE INTERPRETATION OF STANDARDS: WHY THE EUROPEAN COURT OF HUMAN RIGHTS USES CONSENSUS |
53 New York University Journal of International Law & Politics 381 (Winter, 2021) |
I. Introduction. 382 II. The Tyranny of Choice. 386 A. The Effects of Choice Overload. 387 B. The Tyranny of Standards. 390 III. The Consensus Doctrine. 399 A. Interpretation Step Zero. 402 B. Consensus as Consent. 406 C. Consensus as Legitimacy. 407 D. Consensus as Epistemology. 413 IV. Choice Overload and Treaty Interpretation. 416 A.... |
2021 |
Yes |
| Miia Halme-Tuomisaari |
TOWARD REJUVENATED INSPIRATION WITH THE UNBEARABLE LIGHTNESS OF ANTHROPOLOGY |
115 AJIL Unbound 283 (2021) |
How might the connections between anthropology and international law become more dynamic? I reflect upon this question in this essay using ethnographic insights from the documentary cycles of the UN Human Rights Committee, the treaty body monitoring state compliance with the International Covenant on Civil and Political Rights. Building on recent... |
2021 |
Yes |
| Katherine Florey |
TOWARD TRIBAL REGULATORY SOVEREIGNTY IN THE WAKE OF THE COVID-19 PANDEMIC |
63 Arizona Law Review 399 (Summer, 2021) |
The media has often highlighted the devastating toll COVID-19 has taken in many parts of Indian country--and that, to be sure, is part of the story. But there are other aspects of the picture as well. On the one hand, tribes have taken resourceful and creative measures to combat COVID-19. On the other, a troublesome doctrinal landscape has... |
2021 |
Yes |
| Kimberly Chen |
TOWARD TRIBAL SOVEREIGNTY: ENVIRONMENTAL REGULATION IN OKLAHOMA AFTER MCGIRT |
121 Columbia Law Review Forum 95 (June 1, 2021) |
In the landmark decision McGirt v. Oklahoma, the Supreme Court held that the Muscogee (Creek) Nation's reservation in eastern Oklahoma had never been disestablished by Congress, and it thus remained Indian country under federal law for purposes of criminal jurisdiction. This decision also carried the potential to alter the regulatory landscape of... |
2021 |
Yes |
| H. David Rosenbloom , Fadi Shaheen |
TREATY OVERRIDE: THE FALSE CONFLICT BETWEEN WHITNEY AND COOK |
24 Florida Tax Review 375 (2021) |
This Article explores the conditions under which a U.S. statute overrides an earlier self-executing treaty. Focusing on the often blurred distinction between three types of statute-treaty relationships--reconcilable inconsistencies, textual repugnancies, and conflicts--the Article concludes that, contrary to a common view, there is no contradiction... |
2021 |
Yes |
| Max King |
TRIBAL LENDING AFTER GINGRAS |
19 Duke Law & Technology Review 122 (May 13, 2021) |
Online payday lenders pose serious risks for consumers. Yet, for years, these lending companies have skirted state regulation by pleading tribal sovereign immunity. Under this doctrine, entities that are so affiliated with tribal nations that they are an arm of the tribe are immune from suit. Without comprehensive federal regulation, tribal... |
2021 |
Yes |
| |
TRIBAL POWER, WORKER POWER: ORGANIZING UNIONS IN THE CONTEXT OF NATIVE SOVEREIGNTY |
134 Harvard Law Review 1162 (January, 2021) |
Since 1990, employees of businesses owned and operated by Native nations have increasingly sought to amplify their voices in the workplace through union representation. Many of these (primarily non-Native ) workers have invoked the protections of the National Labor Relations Act (NLRA). The protections of federal labor law have been crucial to... |
2021 |
Yes |
| Lori Bable |
TRIBALLY DEFINED CITIZENSHIP CRITERIA: COUNTERING WHITENESS AS PROPERTY INTERPRETATIONS OF "INDIAN" FOR RESTORING INHERENT SOVEREIGNTY |
18 Hastings Race and Poverty Law Journal 29 (Winter, 2021) |
This article implements the framework of whiteness of property to articulate the ways in which holdings of the Supreme Court of the United States (SCOTUS) have limited Tribal Nations' sovereignty because of the illegibility and correlative dispossession of inherent sovereignty itself. This article also highlights how these past SCOTUS... |
2021 |
Yes |
| |
TRIBES CAN PROHIBIT ABORTIONS IN INDIAN COUNTRY |
134 Harvard Law Review 1477 (February, 2021) |
The Indian nations had always been considered as distinct, independent political communities, retaining their original natural rights .. --Worcester v. Georgia That articulation of retained sovereignty by Chief Justice Marshall later crystallized into the rule that the Bill of Rights does not apply to tribal governments. As early as 1896, in Talton... |
2021 |
Yes |
| Adam Crepelle |
TRIBES, VACCINES, AND COVID-19: A LOOK AT TRIBAL RESPONSES TO THE PANDEMIC |
49 Fordham Urban Law Journal 31 (November, 2021) |
Introduction. 31 I. Why Tribes Were Especially Vulnerable to the COVID-19 Virus. 35 II. Vaccines, Pharmaceutical Experiments, and Indians. 39 III. Tribal Vaccine Distribution. 44 IV. Tribes and Medical Sovereignty: Beyond Vaccines. 53 A. Mask Mandates and Social Distancing Guidelines. 53 B. Highway COVID-19 Checkpoints. 57 C. Casino and Other... |
2021 |
Yes |
| Alyson Merlin |
UNENFORCED PROMISES: TREATY RIGHTS AS A MECHANISM TO ADDRESS THE IMPACT OF ENERGY PROJECTS NEAR TRIBAL LANDS |
11 Columbia Journal of Race and Law 373 (April, 2021) |
Treaties between the United States and Native nations are binding until abrogated by the clear and plain intent of Congress. Many treaties signed in the 18th and 19th centuries remain unabrogated, but are also unenforced by the courts of the United States. The Dewey Burdock Project is a proposed uranium mining operation which would sit adjacent to... |
2021 |
Yes |
| Kevin J. Fandl |
UP IN SMOKE: INTERNATIONAL TREATY OBLIGATIONS AND MARIJUANA REFORM IN THE UNITED STATES |
58 American Business Law Journal 163 (Spring, 2021) |
As the number of U.S. states that seek to loosen restrictions on marijuana rapidly increases, a heated debate over state and federal regulation has ignited. But an important component of that debate has been largely absent--are these state efforts placing the United States in violation of its international treaty obligations? This article attempts... |
2021 |
Yes |
| John A. Powell , Eloy Toppin, Jr. |
UPROOTING AUTHORITARIANISM: DECONSTRUCTING THE STORIES BEHIND NARROW IDENTITIES AND BUILDING A SOCIETY OF BELONGING |
11 Columbia Journal of Race and Law 1 (January, 2021) |
Authoritarianism is on the rise globally, threatening democratic society and ushering in an era of extreme division. Most analyses and proposals for challenging authoritarianism leave intact the underlying foundations that give rise to this social phenomenon because they rely on a decontextualized intergroup dynamic theory. This Article argues that... |
2021 |
Yes |
| Amit Khardori |
WHAT DOES THE STATE OWE TO ITS PEOPLE? TOWARD A "RESPONSIBILITY TO DEVELOP" |
46 Brigham Young University Law Review 1027 (2021) |
I. Introduction: Mapping the Origins and Potential Future of Development. 1028 II. Sovereignty: The Evolution of International and Domestic Legitimacy of the State (OR) How Absolute Territorial Sovereignty Was Never Really a Thing. 1030 A. The Enlightenment Era. 1030 1. Individual rights at the inception of the state. 1030 2. Popular sovereignty:... |
2021 |
Yes |
| Neil Fulton |
"IT IS NOT NECESSARY FOR EAGLES TO BE CROWS.": WINTER COUNTS. DAVID HESKA WANBLI WEIDEN. ECCO, 2020. 325 PP. (ISBN 9780062968944) |
66 South Dakota Law Review 200 (2021) |
In his novel Winter Counts author David Heska Wanbli Weiden takes readers to the heart of modern life in Indian Country. Set on the Rosebud Indian Reservation in south central South Dakota, home of the Sicangu Lakota people, his novel is a compelling crime thriller. But it does more than tell an exciting tale. Through the lives of its characters,... |
2021 |
|
| Allison McKenzie |
"RIGHTS OF NATURE: THE EVOLUTION OF PERSONHOOD RIGHTS" |
9 Joule: Duquesne Energy & Environmental Law Journal 1 (Spring, 2021) |
Recently, there has been a growing movement to grant rights to certain aspects of nature among indigenous tribes and their supporting advocates in the United States as well as other places throughout the world. These rights are specifically called Rights of Nature, and are essentially a tool being used to grant legal standing to various aspects... |
2021 |
|
| Monica Krup |
"RIOT BOOSTING": SOUTH DAKOTA'S INTEGRATION OF ENVIRONMENTAL, INDIGENOUS, AND FIRST AMENDMENT CONCERNS AND THE RHETORIC ON PROTEST |
22 Rutgers Race & the Law Review 293 (2021) |
In early 2019, the South Dakota legislature passed an urgent law that punishes and criminalizes those who participate in riots throughout the state. The law was a clear infringement on First Amendment Freedom of Speech and Freedom of Association rights and was executed as a direct response to the Standing Rock protests occurring in North Dakota... |
2021 |
|
| Lucas S. Stegman |
"TAKE"-ING A NEW APPROACH TO THE LACEY ACT: HOW THE COMMERCE CLAUSE ENABLES THE LACEY ACT TO PROHIBIT TAKE OF PROTECTED SPECIES |
51 Texas Environmental Law Journal 325 (Summer, 2021) |
I. Introduction. 326 II. The Problem of Wildlife Trafficking. 328 A. The Wildlife Trade: United States as Destination. 330 B. The Wildlife Trade: United States as Source. 332 C. United States' Laws Regulating the Wildlife Trade. 333 III. The Lacey Act. 334 A. History of the Lacey Act. 334 B. Terms and Structure of the Lacey Act. 336 C. Lacey Act... |
2021 |
|
| Kayla Molina |
"THE DESERT IS OUR HOME" |
45 American Indian Law Review 125 (2021) |
The U.S.--Mexico border divides the Tohono O'odham Nation in southern Arizona. The Nation governs and provides services for its members on both sides of the countries' borders. It is the second-largest [tribal nation] in the U.S., by land holdings--sit[ting] on an estimated 2.7 million acres in southern Arizona's Sonoran Desert. According to the... |
2021 |
|
| Joseph Palandrani |
"THE RULE OF THE STRONG, NOT THE RULE OF LAW": REEXAMINING IMPLICIT DIVESTITURE AFTER MCGIRT v. OKLAHOMA |
89 Fordham Law Review 2375 (April, 2021) |
In McGirt v. Oklahoma, the U.S. Supreme Court found that the boundaries of the Muscogee (Creek) Nation, which were set in 1866 and which encompass a large swath of present-day Oklahoma, remain intact. Although non-Indigenous people had settled on the land in droves by the early twentieth century, the Court held that the land remains Indian... |
2021 |
|
| Maci Burke |
A CALL TO CONGRESS: A CONSTITUTIONAL INDIAN CHILD WELFARE ACT IS NOT A FLAWLESS INDIAN CHILD WELFARE ACT |
39 Minnesota Journal of Law & Inequality 191 (Winter, 2021) |
In 1978, Congress enacted the Indian Child Welfare Act (ICWA), to regulate the removal and placement of Indian children in foster care, the termination of parental rights, preadoptive placement, and adoptive placement. The ICWA was enacted to address rising concerns over abusive child welfare practices that resulted in the separation of large... |
2021 |
|
| Julie Combs |
A COHERENT ETHIC OF LAWYERING IN POST-MCGIRT OKLAHOMA |
56 Tulsa Law Review 501 (Spring, 2021) |
I. Introduction. 501 II. Federal Indian Law at the High Court. 503 III. Competent and Diligent Representation of Autochthonous Populations. 505 A. Ethical Representation When Indigenous Activism Is on Trial. 506 B. The Search for a Lawyer of Established Competence in the Field. 508 IV. The Organizational Hierarchy and Group Constituents:... |
2021 |
|
| Assaf Likhovski |
A COLONIAL LEGAL LABORATORY? JURISPRUDENTIAL INNOVATION IN BRITISH INDIA |
69 American Journal of Comparative Law 44 (Spring, 2021) |
In this Article, I examine jurisprudence textbooks and related works written in British India in the late nineteenth and early twentieth centuries. Some of the jurisprudential works from India were not merely summaries of the leading English books, but were different from English works in three senses. First, the gap between English theories and... |
2021 |
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| Dylan R. Hedden-Nicely , Stacy L. Leeds |
A FAMILIAR CROSSROADS: MCGIRT v. OKLAHOMA AND THE FUTURE OF THE FEDERAL INDIAN LAW CANON |
51 New Mexico Law Review 300 (Summer, 2021) |
Federal Indian law forms part of the bedrock of American jurisprudence. Indeed, critical parts of the pre-civil war constitutional canon were defined in Federal Indian law cases that simultaneously provided legal justification for American westward expansion onto unceded Indian lands. As a result, Federal Indian law makes up an inextricable part of... |
2021 |
|
| Paul Stanton Kibel |
A HUMAN FACE TO INSTREAM FLOW: INDIGENOUS RIGHTS TO WATER FOR SALMON AND FISHERIES |
35 Emory International Law Review 377 (2021) |
In the United States and throughout the world, there are many indigenous peoples whose culture and identity are closely connected to salmon and fisheries. Such salmon and fisheries are often dependent on maintaining adequate instream flows of water in rivers. Indigenous groups in the United States and in other countries have increasingly relied on... |
2021 |
|
| William K. Meheula III, Esq. |
A LITIGATOR'S APPROACH TO ISSUES CONCERNING EXERCISE AND PROTECTION OF NATIVE HAWAIIAN TRADITIONAL AND CUSTOMARY RIGHTS |
43 University of Hawaii Law Review 592 (Summer, 2021) |
This comment focuses on considerations litigators in Chapter 91 administrative and judicial proceedings must be prepared to analyze when pursuing or defending a claim involving impacts to Native Hawaiian traditional and customary rights and the natural and cultural resources that support these practices. The exercise and protection of Native... |
2021 |
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| Sara L. Ochs |
A NATIONAL TRUTH COMMISSION FOR NATIVE AMERICANS |
36 Wisconsin Journal of Law, Gender & Society 1 (Spring, 2021) |
Native Americans have endured centuries of genocide. What began as a systemic attempt by European colonialists to decimate the indigenous population subsequently evolved into more subtle, devastating acts intended to destroy indigenous culture. Today, Native Americans remain the subject of ongoing discrimination and human rights abuses, especially... |
2021 |
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| Christina D. Ponsa-Kraus |
A PERFECTLY EMPTY GIFT |
119 Michigan Law Review 1223 (April, 2021) |
Almost Citizens: Puerto Rico, the U.S. Constitution, and Empire. By Sam Erman. Cambridge: Cambridge University Press. 2019. Pp. xv, 275. Cloth, $49.99; paper, $29.99. Almost citizens. What does that even mean? It's like being kind of pregnant, isn't it? In other words, nonsense. Citizenship isn't an almost kind of thing. It's all or nothing.... |
2021 |
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| Theresa Rocha Beardall, J.D., Ph.D. , Frank Edwards, Ph.D. |
ABOLITION, SETTLER COLONIALISM, AND THE PERSISTENT THREAT OF INDIAN CHILD WELFARE |
11 Columbia Journal of Race and Law 533 (July, 2021) |
Family separation is a defining feature of the U.S. government's policy to forcibly assimilate and dismantle American Indian and Alaska Native (AIAN) tribal nations. The historical record catalogues the violence of this separation in several ways, including the mass displacement of Native children into boarding schools throughout the 19th century... |
2021 |
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| Robert Snigaroff , Craig Richards |
ALASKA NATIVE CORPORATION ENDOWMENT MODELS |
38 Alaska Law Review 1 (June, 2021) |
New settlement trust provisions in the Tax Cuts and Jobs Act of 2017 have significant implications for Alaska Native Corporation (ANC) business longevity and the appropriateness of an operating business model given ANC goals as stated in their missions. The Alaska Native Claims Settlement Act (ANCSA) authorized the creation of for-profit... |
2021 |
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