| Author | Title | Citation | Summary | Year | Key Terms |
| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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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| Tom Callahan |
ALASKA NATIVE HUNTING AND FISHING RIGHTS IN A CHANGING CLIMATE: KATIE JOHN, STURGEON, AND A PATH FORWARD |
68 UCLA Law Review 518 (August, 2021) |
Climate change creates a worldwide threat that is distributed unequally across the globe. Alaska Natives are uniquely vulnerable to climate change, both because it is impacting the Arctic more than other regions and because of the importance of traditional hunting and fishing practices to Alaska Native culture. The fact that climate change is... |
2021 |
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| Kyle E. Scherer |
ALASKA'S TRIBAL TRUST LANDS: A FORGOTTEN HISTORY |
38 Alaska Law Review 37 (June, 2021) |
Since the enactment of the Alaska Native Claims Settlement Act in 1971, there has been significant debate over whether the Secretary of the Interior should accept land in trust for the benefit of federally recognized tribes in Alaska. A number of legal opinions have considered the issue and have reached starkly different conclusions. In 2017, the... |
2021 |
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ALGERIA ISSUES LIST OF STRATEGIC ACTIVITIES FOR FOREIGN DIRECT INVESTMENT |
32 Journal of International Taxation 06 (August, 2021) |
Algeria's Complementary Finance Act for 2020 and the Finance Act for 2021 have modified the legal provision that requires each foreign investor to have at least a 51% equity stake owned by an Algerian resident. Accordingly, this rule, known as the 49/51 rule, is no longer a condition for the creation of a legal entity under Algerian law by a... |
2021 |
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| Govind Persad |
ALLOCATING MEDICINE FAIRLY IN AN UNFAIR PANDEMIC |
2021 University of Illinois Law Review 1085 (2021) |
America's COVID-19 pandemic has both devastated and disparately harmed minority communities. How can the allocation of scarce treatments for COVID-19 and similar public health threats fairly and legally respond to these racial disparities? Some have proposed that members of racial groups who have been especially hard-hit by the pandemic should... |
2021 |
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| Jim Walters , Melissa Blasing , Program Administrator, Amber Alert Training and Technical Assistance Program, Program Manager, AMBER Alert Training and Technical Assistance Program |
AMBER ALERT IN INDIAN COUNTRY |
69 Department of Justice Journal of Federal Law and Practice 21 (January, 2021) |
On May 2, 2016, Pamela Foster's world shattered in a million pieces. That was the day a predator took the promising life of her 11-year-old daughter, Ashlynne Mike. Ashlynne's abduction, rape, and murder on the Navajo reservation in northwest New Mexico is considered one of the worst crimes ever to hit the Navajo Nation. It also exposed a... |
2021 |
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| Delight E. Satter , Laura M. Mercer Kollar , Public Health Writing Group on Missing or Murdered Indigenous Persons, Debra O'Gara ‘Djik Sook’ , Senior Health Scientist, Centers for Disease Control and Prevention, Behavioral Scientist, Centers for Disease C |
AMERICAN INDIAN AND ALASKA NATIVE KNOWLEDGE AND PUBLIC HEALTH FOR THE PRIMARY PREVENTION OF MISSING OR MURDERED INDIGENOUS PERSONS |
69 Department of Justice Journal of Federal Law and Practice 149 (March, 2021) |
Violence against American Indian and Alaska Native (AIAN) women, children, two-spirit individuals, men, and elders is a serious public health issue. Violence may result in death (homicide), and exposure to violence has lasting effects on the physical and mental health of individuals, including depression and anxiety, substance abuse, chronic and... |
2021 |
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| Brian K. Davis |
AMERICAN SAMOA AND THE WEIGHT OF CITIZENSHIP |
34-OCT Utah Bar Journal 22 (September/October, 2021) |
Jus soli (right of the soil), otherwise known as birthright citizenship, is a right nearly all Americans recognize and presume to be true for any person born on American soil. But for the nearly 55,000 residents of American Samoa, a U.S. territory in the South Pacific, this is not the case. Indigenous people born in American Samoa are considered... |
2021 |
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| Chloe Moyer |
AN OKLAHOMA TRIBAL EMPLOYER'S GUIDE TO CONDUCTING BUSINESS IN THE TENTH CIRCUIT |
45 Oklahoma City University Law Review 215 (Spring, 2021) |
Native American tribes have been regulating and conducting business enterprises and gaming facilities for hundreds of years. Since the passage of the Oklahoma Indian Gaming Compact in 2004, Oklahoma has thirty-five tribal Nations that operate; according to the Oklahoma Indian Gaming Association, 130 gaming facilities with approximately 72,850... |
2021 |
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| Judith M. Dworkin , Joe W. Keene , Candace D. French |
AN OPPORTUNITY ARISES |
57-AUG Arizona Attorney 38 (July/August, 2021) |
While no Indian tribe in Arizona has yet entered the rapidly expanding marijuana industry, Arizona's recent passage of Proposition 207 provides new opportunities and legal considerations for the 22 tribes here in Arizona. Currently, marijuana is a Schedule I Controlled Substance under the Controlled Substances Act. The act is considered a federal... |
2021 |
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| Kekek Jason Stark |
ANISHINAABE INAAKONIGEWIN: PRINCIPLES FOR THE INTERGENERATIONAL PRESERVATION OF MINO-BIMAADIZIWIN |
82 Montana Law Review 293 (Summer, 2021) |
I. Introduction. 293 II. Anishinaabe Law. 295 III. Mino-Bimaadiziwin - To Live a Good Life in Harmony with Creation. 303 IV. Seven Grandfather Teachings. 306 A. Wisdom. 306 B. Love. 309 C. Respect. 312 D. Bravery. 313 E. Honesty. 314 F. Humility. 315 G. Truth. 317 V. Traditional Governance Structure. 318 VI. The Implementation of Traditional Law... |
2021 |
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| Nedim Hogic, Imad Antoine Ibrahim |
ARCTIC INDIGENOUS COMMUNITIES AND ANTARCTIC ICEBERGS AS SUBJECTS OF INTER-LEGALITY |
57 Stanford Journal of International Law 105 (Winter, 2021) |
The development of different specialized legal regimes that often address the same issues has led to a well-known phenomenon of fragmentation of international law. This phenomenon often leads to a clash of norms. In this article, authors attempt to use a new theoretical framework of Inter-Legality which addresses the situation of competing... |
2021 |
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| Olwyn Conway |
ARE THERE STORIES PROSECUTORS SHOULDN'T TELL?: THE DUTY TO AVOID RACIALIZED TRIAL NARRATIVES |
98 Denver Law Review 457 (Spring, 2021) |
The purportedly race-neutral actions of courts and prosecutors protect and perpetuate the myth of colorblindness and the legacy of white supremacy that define the American criminal system. This insulates the criminal system's racially disparate outcomes from scrutiny, thereby precluding reform. Yet prosecutors remain accountable to the electorate.... |
2021 |
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ARGENTINA REGULATIONS FOR PROMOTIONAL REGIME FOR KNOWLEDGE-BASED ECONOMY |
32 Journal of International Taxation 05 (June, 2021) |
On 22 March 2021, Argentina's federal tax authorities (AFIP for the Spanish acronym) published, in the Official Gazette, General Resolution 4949/2021 (Resolution 4949), which contains the regulations establishing the procedure for taxpayers to register for the promotional regime and how to use the tax credits bonds issued by National Direction of... |
2021 |
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| Elizabeth Newland |
AROUND THE WORLD: INDIGENOUS CHILDREN IN CANADA'S FOSTER CARE SYSTEM: BILL C-92 AND THE IMPORTANCE OF CULTURAL IDENTITY |
42 Children's Legal Rights Journal 59 (2021) |
This article addresses the historical colonization of Indigenous people in Canada and how this is continued through the Canadian child welfare system. It will examine the history of colonialism of Indigenous children in Canada, specifically through the creation of residential schools, the increase of Indigenous children in foster care through the... |
2021 |
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| Addie C. Rolnick |
ASSIMILATION, REMOVAL, DISCIPLINE, AND CONFINEMENT: NATIVE GIRLS AND GOVERNMENT INTERVENTION |
11 Columbia Journal of Race and Law 811 (July, 2021) |
A full understanding of the roots of child separation must begin with Native children. This Article demonstrates how modern child welfare, delinquency, and education systems are rooted in the social control of indigenous children. It examines the experiences of Native girls in federal and state systems from the late 1800s to the mid-1900s to show... |
2021 |
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| Arpitha Kodiveri |
BEING, BECOMING AND (UN)BECOMING INDIGENOUS? INDIGENEITY, HUMAN RIGHTS, AND CLIMATE CHANGE IN INDIA |
38 Wisconsin International Law Journal 232 (Spring, 2021) |
Is conservation a choice for our community or is it our duty in exchange for rights? asked a young Adivasi from Kondingamali, a bauxite-rich hill range in the eastern Indian state of Odisha. This brief encounter with a young Adivasi in Kodingamali brings to light that the Indigeneity embodied in India's legal regime and international law hinges... |
2021 |
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| Russell Fowler |
BENITO JUÁREZ, PRO BONO LAWYER |
57-AUG Tennessee Bar Journal 45 (July/August, 2021) |
The law has always been my sword and my shield. --Benito Juárez It was 1835. In the remote Mexican village of Loxicha, a group of poor, illiterate Zapotec Indians were mistreated by their local priest. He took what little money they had and forced them to work for less than the law allowed. The frightened band finally summoned the courage to make... |
2021 |
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| Glennas'ba Augborne Arents , April E. Olson |
BENT, BUT NOT BROKEN |
57-AUG Arizona Attorney 62 (July/August, 2021) |
There is a term for a judicial decision that does nothing more than opine on what the law should be: an advisory opinion. That is what the roughly 300 pages you just read amount to. --Judge James Dennis, Brackeen v. Haaland On April 6, 2021, after waiting 14 months to learn whether the Indian Child Welfare Act (ICWA) would survive, the United... |
2021 |
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| Kalika Mehta , Avantika Tiwari |
BETWEEN SEXUAL VIOLENCE AND AUTONOMY: RETHINKING THE ENGAGEMENT OF THE INDIAN WOMEN'S MOVEMENT WITH CRIMINAL LAW |
22 German Law Journal 860 (August, 2021) |
(Received 06 July 2021; accepted 07 July 2021) The aftermath of protests triggered by a brutal gang-rape in New Delhi in December 2012 was archetypal of the broader women's movement in post-independence India. The primary demands of the social movement to address sexual violence against women were wrapped in the language of rights-based reforms in... |
2021 |
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| Monte Mills, Martin Nie |
BRIDGES TO A NEW ERA: A REPORT ON THE PAST, PRESENT, AND POTENTIAL FUTURE OF TRIBAL CO-MANAGEMENT ON FEDERAL PUBLIC LANDS |
44 Public Land & Resources Law Review 49 (2021) |
Introduction. 52 Executive Summary. 54 A. Tribal Co-Management. 55 B. Bridges to Tribal Co-Management. 57 C. Tribal Consultation. 57 D. Contracting and Compacting. 58 E. The National Historic Preservation Act and Native American Traditional Cultural Properties, Districts and Landscapes. 59 F. Federal Public Lands Planning. 59 G. Bridges to a New... |
2021 |
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| Leigh Hawley |
BUILDING A BASKETBALL ARENA ON TRIBAL LAND: A COLLABORATIVE APPROACH FOR THE NATIONAL BASKETBALL ASSOCIATION AND AMERICAN INDIAN TRIBES |
10 Arizona State Sports & Entertainment Law Journal 57 (Spring, 2021) |
During the 2020 Coronavirus Pandemic, more professional athletes began using their platforms to voice concern and raise awareness about social justice issues. Many professional athletes come from diverse racial and ethnic backgrounds. Through these athletes' voices, the concerns for the oppressed, underserved, and impoverished communities are heard... |
2021 |
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| Toby S. Goldbach |
BUILDING THE ABORIGINAL CONFERENCE SETTLEMENT SUITE: HOPE AND REALISM IN LAW AS A TOOL FOR SOCIAL CHANGE |
46 Law and Social Inquiry 116 (February, 2021) |
In 2014, the provincial government unveiled a new courthouse in Thunder Bay, Ontario, featuring a conference area designed to emulate an Anishinaabe roundhouse. The Aboriginal Conference Settlement Suite epitomizes efforts to support Indigenous justice within the criminal justice system. However, despite similar efforts in the past, the... |
2021 |
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| Brandon Naquin |
CANALS, COMMUNITY, AND COASTAL PERMITS: OVERCOMING INADEQUATE REMEDIES FOR EROSION WITHIN THE BARATARIA-TERREBONNE NATIONAL ESTUARY |
70 Emory Law Journal 663 (2021) |
The Barataria-Terrebonne National Estuary has lost over 934 square miles of land since 1932, causing a mass exodus of communities within the estuary, including the Biloxi-Chitimacha-Choctaw tribe of Isle de Jean Charles. Though some of this erosion can be attributed to rising sea levels and natural subsidence, scientists now realize that the... |
2021 |
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Central Va. Cmty. College v. Katz : How Is It Faring Fifteen Years On? |
30 Norton Journal of Bankruptcy Law and Practice 2 (June 1, 2021) |
Karen Cordry is Bankruptcy Counsel for the National Association of Attorneys General (NAAG) where she provides advice, assistance, and representation to the state Attorneys Generals with respect to bankruptcy issues that arise in their work on behalf of their state and its citizens. After she obtained her J.D. from Antioch School of Law in 1977,... |
2021 |
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| Elizabeth Kronk Warner, Kathy Lynn, Kyle Whyte |
CHANGING CONSULTATION |
68-APR Federal Lawyer 54 (March/April, 2021) |
Examples abound of both historic and modern situations where the federal government and tribes failed to engage in effective consultation. Yet, numerous reasons exist--such as effective management of natural resources and the negative impacts of climate change--for tribes and the federal government to engage in effective consultation. Effective... |
2021 |
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CHAPTER 21 INDIGENOUS COMMUNITIES AND ADOPTION |
86 IUS Gentium 895 (2021) |
The following working definition of indigenous communities, peoples and nations has been suggested by Martinez Cobo: Indigenous communities, peoples and nations are those which having a historical continuity with pre-invasion and pre-colonial societies that developed on their territories, consider themselves distinct from other sectors of the... |
2021 |
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| Daniel Epps |
CHECKS AND BALANCES IN THE CRIMINAL LAW |
74 Vanderbilt Law Review 1 (January, 2021) |
The separation of powers is considered essential in the criminal law, where liberty and even life are at stake. Yet the reasons for separating criminal powers are surprisingly opaque, and the separation of powers is often used to refer to distinct, and sometimes contradictory, concepts. This Article reexamines the justifications for the... |
2021 |
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| Christopher Afgani |
CHOOSING LIFE OVER LIBERTY AND PROPERTY: ENVIRONMENTAL JUSTICE IN A WORLD RAVAGED BY CLIMATE CHANGE |
68 UCLA Law Review 786 (October, 2021) |
Harms to communities of color and poor communities are set to increase in light of climate change. These communities are vulnerable to climate-induced disasters largely because of historical, social and economic inequities. While this is generally true for vulnerable communities throughout the world, the scope of this Comment is limited to... |
2021 |
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| Heath Albert |
COEUR D'ALENE TRIBE v. HAWKS: WHY FEDERAL COURTS HAVE THE POWER TO RECOGNIZE AND ENFORCE TRIBAL COURT JUDGMENTS AGAINST NONMEMBERS "BECAUSE OF THE FEDERAL GOVERNMENT'S UNIQUE RELATIONSHIP WITH INDIAN TRIBES" |
45 American Indian Law Review 167 (2021) |
Lake Coeur d'Alene and the St. Joe River are long, winding bodies of water found in Northwest Idaho. To the Coeur d'Alene Tribe, these waters are sacred and foundational to the Tribe's culture. The lake and river make up part of the Coeur d'Alene Tribe Reservation and are partially owned by the Tribe. Because of the great reverence with which it... |
2021 |
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| Jessie Shaw |
COMMANDEERING THE INDIAN CHILD WELFARE ACT: NATIVE AMERICAN RIGHTS EXCEPTION TO TENTH AMENDMENT CHALLENGES |
42 Cardozo Law Review 2007 (September, 2021) |
C1-2Table of Contents Introduction. 2007 I. Background. 2009 A. History of ICWA and the Final Rule. 2009 B. Challenging the Final Rule. 2014 C. Challenges to ICWA at the Supreme Court. 2016 D. The Anti-Commandeering Doctrine. 2017 E. ICWA Provisions Under the Anti-Commandeering Doctrine. 2020 II. Analysis: Immunity of ICWA. 2027 A. Exceptions to... |
2021 |
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| Jason Robison , Matthew McKinney , Daryl Vigil , Asadulah Meelad |
COMMUNITY IN THE COLORADO RIVER BASIN |
57 Idaho Law Review 1 (2021) |
Something historic is happening right now in the Colorado River Basin. Domestic and international negotiations over the next several years will yield a new management framework for the Colorado River system from which more than forty-million people draw the essence of life. Climate change looms over these negotiations--an ongoing twenty-one-year... |
2021 |
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| Richard C. Boldt |
CONSTITUTIONAL STRUCTURE, INSTITUTIONAL RELATIONSHIPS AND TEXT: REVISITING CHARLES BLACK'S WHITE LECTURES |
54 Loyola of Los Angeles Law Review 675 (Spring, 2021) |
Fundamental questions about constitutional interpretation and meaning invite a close examination of the complicated origins and the subsequent elaboration of the very structure of federalism. The available records of the Proceedings in the Federal Convention make clear that the Framers entertained two approaches to delineating the powers of the... |
2021 |
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CONTRACT LAW--FORCED ARBITRATION--THIRD CIRCUIT RULES THAT TRIBAL PAYDAY LENDERS CANNOT COMPEL ARBITRATION.-- WILLIAMS v. MEDLEY OPPORTUNITY FUND II, LP, 965 F.3D 229 (3D CIR. 2020) |
134 Harvard Law Review 2582 (May, 2021) |
When signing a contract for a cell phone plan, a bank account, or a short-term loan, few individuals, if any, take the time to read the fine print. But often buried in this fine print are arbitration clauses that waive the consumer's right to bring a suit in court. Instead, the consumer is forced into arbitration--a process in which a neutral... |
2021 |
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| Lucas Lixinski , Stephen Young |
CREATIVE DIFFERENCES: INDIGENOUS ARTISTS AND THE LAW AT 20 CENTURY NATION-BUILDING EXHIBITIONS |
45 Hastings International and Comparative Law Review 3 (Winter 2021) |
Indigenous peoples in major common law jurisdictions (Australia, Canada, New Zealand, and the United States) have had a fraught relationship with the state's legal system. However, while denying Indigenous individuals and peoples the same rights as white settlers, each of these states used Indigenous art to create a distinctive national-state... |
2021 |
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| M. Brent Leonhard , Attorney, Confederated Tribes of the Umatilla Indian Reservation |
CRIMINAL JURISDICTION IN INDIAN COUNTRY |
69 Department of Justice Journal of Federal Law and Practice 45 (March, 2021) |
Criminal jurisdiction in Indian country can be complex depending on where an incident occurs, whether the defendant or victim is an Indian, the type of crime alleged, treaty provisions, various state and federal court decisions, and federal regulations. Professor Robert Clinton described it as a jurisdictional maze. This complexity can present... |
2021 |
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| Audrey Mallinak |
CULTURAL COMPETENCY AND THE LAW: REPRODUCTIVE JUSTICE FOR AMERICAN INDIANS |
30 Annals of Health Law Advance Directive 179 (Spring, 2021) |
Reproductive justice combines reproductive rights, social justice, and culturally competent approaches to further the goal of intersectional representation. Culturally competent medical treatment ensures individuals receive the best treatment possible by honoring cultural backgrounds, acknowledging racial and ethnic inequities, and providing... |
2021 |
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| Angela R. Riley , Kristen A. Carpenter |
DECOLONIZING INDIGENOUS MIGRATION |
109 California Law Review 63 (February, 2021) |
Introduction. 64 I. From Turtle Island to Citizenship: A Snapshot of Indigenous Land and the Settler State. 74 A. Relationship of People to Land. 76 B. Discovery, Conquest, and Colonization. 79 C. Domesticating Borders and Burgeoning Migration Policy. 81 II. Turning to the Contemporary: The Problems of Migration and Border Law for Indigenous... |
2021 |
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| Edward Randall Ornstein |
DISPROPORTIONATE POLICE MILITARIZATION AT STANDING ROCK VIOLATED INTERNATIONAL LAW |
12 Arizona Journal of Environmental Law & Policy 65 (Fall, 2021) |
This paper examines the law enforcement response to the 2016 Standing Rock NoDAPL protests and evaluates whether this response violated international human rights law. Following an assessment of increasing militarization in U.S. policing, relevant international human rights law doctrine will be discussed. In particular, UN Human Rights declarations... |
2021 |
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| Craig D. Gaver, Washington, DC, USA |
DISPUTE CONCERNING DELIMITATION OF THE MARITIME BOUNDARY BETWEEN MAURITIUS AND MALDIVES IN THE INDIAN OCEAN (MAURITIUS/MALDIVES). CASE NO. 28. JUDGMENT. SPECIAL CHAMBER OF THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA, JANUARY 28, 2021 |
115 American Journal of International Law 519 (July, 2021) |
On January 28, 2021, a Special Chamber of the International Tribunal for the Law of the Sea (ITLOS) dismissed all of the respondent's preliminary objections in Dispute Concerning Delimitation of the Maritime Boundary Between Mauritius and Maldives in the Indian Ocean (Mauritius/Maldives). The proceeding arose out of Mauritius's long-running effort... |
2021 |
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