| Author | Title | Citation | Summary | Year | Key Terms |
| Kate Ricart |
Cooking Food Customs in the Pot of Self-governance: How Food Sovereignty Is a Necessary Ingredient of Tribal Sovereignty |
44 American Indian Law Review 369 (2020) |
Food is one of the essential ingredients of life, and humans consume it not only as a requirement for survival, but also as a social activity. Beyond that, food has become a marker of social class, community, and culture. In every corner of the world, food exists in different forms based on the availability of food resources in a community's; Search Snippet: ...Kate Ricart I. Introduction to Food as Related to an Indian Nation's Sovereignty Food is one of the essential ingredients of life, and... |
2020 |
Yes |
| Sammy Matsaw , Dylan Hedden-Nicely , Barbara Cosens |
Cultural Linguistics and Treaty Language: a Modernized Approach to Interpreting Treaty Language to Capture the Tribe's Understanding |
50 Environmental Law 415 (Spring, 2020) |
Language is a reflection of a thought world. A worldview that has been shaped by place to describe one's identity in space and time does not equate to species relatedness as a default to know one another. In the legal system of the United States, there is acknowledgement of treaties in colonized lands that there are rights granted from the tribes; Search Snippet: ...ENVIRONMENTAL LAW Environmental Law Spring, 2020 Article CULTURAL LINGUISTICS AND TREATY LANGUAGE: A MODERNIZED APPROACH TO INTERPRETING TREATY LANGUAGE TO CAPTURE THE TRIBE'S UNDERSTANDING [FNa1] Sammy Matsaw [FNa2] Dylan Hedden-Nicely [FNaa1] Barbara... |
2020 |
Yes |
| Gerald Torres |
Decolonization: Treaties, Resource Use, and Environmental Conservation |
91 University of Colorado Law Review 709 (Spring, 2020) |
Introduction. 709 I. Treaties and Competing Sovereign Claims. 716 II. The Washington Litigation. 721 III. Obligations on the State: The Implied Environmental Content of the Treaty. 726 A. The Foundation of the State's Environmental Duty. 726 B. Habit Protection: Implied Servitudes?. 728 IV. The Supreme Court and the Range of Environmental Duties; Search Snippet: ...themselves get to determine their interests. As I discuss below, treaties create special obligations for the federal government and represent pre... |
2020 |
Yes |
| Stephen E. Henderson, Dean A. Strang |
Double Jeopardy's Dual Sovereignty: a Tragic (And Implausible) Lack of Humility |
18 Ohio State Journal of Criminal Law 365 (Fall, 2020) |
The core proposition of the Fifth Amendment's Double Jeopardy Clause is as intuitive as it is straightforward. After all, if a state could prosecute someone despite her previous conviction or acquittal, then the scope of punishment would be unlimited and its threat unending--the sort of proposition only a tyrant could love. Yet, in Gamble v. United; Search Snippet: ...Illinois, 55 U.S. 13, 18-20 (1852) (articulating the dual sovereignty principle); Bartkus v. Illinois, 359 U.S. 121, 138-39 (1959... |
2020 |
Yes |
| Jeffrey B. Litwak |
How Much Evidence Should We Need to Protect Cultural Sites and Treaty Rights? |
50 Environmental Law 447 (Spring, 2020) |
Too often, the administrative and judicial systems require tribes to reveal too much about their cultural site and treaty rights before agencies and courts are willing or able to protect them. Tribes must make a difficult decision whether to reveal information about their cultural site and treaty rights practices, which, when made public, leads; Search Snippet: ...B. Litwak Too often, the administrative and judicial systems require tribes to reveal too much about their cultural site and treaty rights before agencies and courts are willing or able to protect them. Tribes must make a difficult decision whether to reveal information about their cultural site and treaty rights practices, which, when made public, leads to damage, vandalism... |
2020 |
Yes |
| Priyasha Saksena |
Jousting over Jurisdiction: Sovereignty and International Law in Late Nineteenth-century South Asia |
38 Law and History Review 409 (May, 2020) |
In 1879, the government of India passed the Elephant Preservation Act mandating that individuals acquire a government-issued licence to engage in the capture of wild elephants. A year later, it promulgated a set of rules to make the British Indian legislation applicable to an area that included Keonjhar, one of the 600 or so princely states that; Search Snippet: ...requiring a licence issued by a British Indian authority. British Indian legislation, he contended, did not apply to the princely states... |
2020 |
Yes |
| Zak Leonard |
Law of Nations Theory and the Native Sovereignty Debates in Colonial India |
38 Law and History Review 373 (May, 2020) |
Perhaps few topics are more invidious in colonial legal history than the definition of paramountcy in British India. Alternatively cast as a feudal compact with subordinate native princely states, a noninterventionist policy supportive of semi-sovereignty, and a doctrine invented to justify colonial earth hunger, the concept elicited; Search Snippet: ...Review May, 2020 Article LAW OF NATIONS THEORY AND THE NATIVE SOVEREIGNTY DEBATES IN COLONIAL INDIA Zak Leonard [FNa1] Copyright © 2019 by... |
2020 |
Yes |
| Justin W. Aimonetti |
Magic Words and Original Understanding: an Amplified Clear Statement Rule to Abrogate Tribal Sovereign Immunity |
2020 Pepperdine Law Review Rev. 1 (2020) |
There is not one example in all of history where the Supreme Court has found that Congress intended to abrogate tribal sovereign immunity without expressly mentioning Indian tribes somewhere in the statute. The Indian plenary power doctrine--an invention of the late nineteenth-century Supreme Court--grants Congress exclusive authority to; Search Snippet: ...authority to abrogate tribal immunity. To put it differently, the Indian plenary power doctrine is premised on the absolute sovereignty of the United States over the Indian tribes, inclusive of the power to abrogate tribal immunity. [FN17] As... |
2020 |
Yes |
| Sadie Normoyle |
Protecting Water Quality Through Tribal Treaty Fishing Rights: an Analysis of Idaho's Fish Consumption Rate |
10 Arizona Journal of Environmental Law & Policy 444 (Summer, 2020) |
Salmon remain an integral part of culture, religion, and subsistence for tribes in the Pacific Northwest, which, unsurprisingly, results in more salmon consumed by tribal members than other groups in the area. Because of this increased consumption, human health impacts from toxins in the fish are higher for tribal populations. Fish consumption; Search Snippet: ...protect human health. This article addresses whether the Columbia River tribes can use their treaty fishing rights to require more stringent water quality standards in... |
2020 |
Yes |
| Tiyanjana Maluwa |
Reassessing Aspects of the Contribution of African States to the Development of International Law Through African Regional Multilateral Treaties |
41 Michigan Journal of International Law 327 (2020) |
The role of international law in Africa--and Africa's contribution to international law's development--has been the subject of scholarly debate in the decades since the first wave of African countries gained independence from colonial rule in the early 1960s. Two related, but facially contradictory, concerns have emerged from these debates over; Search Snippet: ...this respect: It represented the first time that an African indigenous people's collective rights over traditionally owned land were legally recognized by an international treaty body; the African Commission ordered the government to pay a... |
2020 |
Yes |
| Michael Doran |
Redefining Tribal Sovereignty for the Era of Fundamental Rights |
95 Indiana Law Journal 87 (Winter, 2020) |
This Article explains a longstanding problem in federal Indian law. For two centuries, the U.S. Supreme Court has repeatedly acknowledged the retained, inherent sovereignty of American Indian tribes. But more recently, the Court has developed the implicit-divestiture theory to deny tribal governments criminal and civil jurisdiction over nonmembers,; Search Snippet: ...the U.S. Supreme Court has repeatedly acknowledged the retained, inherent sovereignty of American Indian tribes. But more recently, the Court has developed the implicit-divestiture... |
2020 |
Yes |
| Michael Bevilacqua |
Silent Intent? Analyzing the Congressional Intent Required to Abrogate Tribal Sovereign Immunity |
61 Boston College Law Review E-Supplement II.-156 (April 6, 2020) |
On February 26, 2019, the United States Court of Appeals for the Sixth Circuit in Buchwald Capital Advisors, LLC v. Sault Ste. Marie Tribe of Chippewa Indians (In re Greektown Holdings, LLC III) held that Congress did not intend to abrogate tribal sovereign immunity through the enactment of the Bankruptcy Code, Title 11 of the U.S. Code; Search Snippet: ...Worcester v. Georgia, 31 U.S. 515, 559 (1932) ) (explaining that Indian tribes retain power over internal and social relations despite no longer retaining full sovereignty). Id. at 58 . The first Supreme Court case to... |
2020 |
Yes |
| Brent D. Chicken, Amanda J. Dick |
Sovereign Lands |
6 One J: Oil and Gas, Natural Resources, and Energy Journal 325 (October, 2020) |
C1-2Table of Contents I. Introduction. 325 II. Federal Regulatory Developments. 326 A. Amendments. 326 B. New Rules. 327 III. Judicial Developments. 327 A. Process and Procedure Under the APA. 327 B. Pipelines on Tribal Lands. 332; Search Snippet: ...issued for the cross-border Keystone XL Pipeline. The RS Tribe argued that Defendants violated various treaties, the Foreign Commerce Clause of the United States Constitution, and... |
2020 |
Yes |
| Samuel Lazerwitz |
Sovereignty-affirming Subdelegations: Recognizing the Executive's Ability to Delegate Authority and Affirm Inherent Tribal Powers |
72 Stanford Law Review 1041 (April, 2020) |
Bears Ears National Monument, as proclaimed by President Obama in 2016, realized a bold vision of cooperation between the executive branch and Native nations by elevating a coalition of Native nations as co-managers of a national monument. This proposed system of collaborative management relied on a broad interpretation of the executive; Search Snippet: ...of the executive branch's efforts to share its power with Native nations by synthesizing the Supreme Court's recognition of Congress's ability to affirm tribal sovereignty, the subdelegation doctrine as articulated by lower federal courts, and... |
2020 |
Yes |
| Pippa Browde |
Tax Burdens and Tribal Sovereignty: the Prohibition on Lavish and Extravagant Benefits under the Tribal General Welfare Exclusion |
20 Nevada Law Journal 651 (Spring, 2020) |
This article examines a portion of a relatively new federal tax statute, the Tribal General Welfare Exclusion (TGWE), that allows qualified individuals an exclusion from gross income for payments received from American Indian/Alaska Native tribes for any Indian general welfare benefit. Indian general welfare benefits are payments made to tribal; Search Snippet: ...Tribal Cultural and Religious Traditions is Inconsistent with Current Federal Indian Policies Intended to Promote Tribal Sovereignty and Self-Determination 688 1. Interpreting the lavish and Extravagant... |
2020 |
Yes |
| Nicolas M. Traut |
Tax Treaty Overrides and Friendliness Towards International Law: a Comparative Approach to Put the Later-in-time-rule to the Test |
48 Capital University Law Review 403 (Fall, 2020) |
Tax treaties are the most important instrument to align cross-border taxation and to prevent international double taxation. International tax treaties limit the taxing rights of contracting states and allocate tax revenue between the countries. They foster international trade by reducing taxation at the source and by avoiding discrimination; and; Search Snippet: ...on the part of Congress has been clearly expressed. Menominee Tribe of Indians v. United States, 391 U.S. 404, 413 (1968) (Stewart, J... |
2020 |
Yes |
| Charles Wilkinson |
The Belloni Decision: a Foundation for the Northwest Fisheries Cases, the National Tribal Sovereignty Movement, and an Understanding of the Rule of Law |
50 Environmental Law 331 (Spring, 2020) |
Judge Belloni's decision in United States v. Oregon, handed down a half-century ago, has been given short shrift by lawyers, historians, and other commentators on the modern revival of Indian treaty fishing rights in the Pacific Northwest. The overwhelming amount of attention has been given to Judge Boldt's subsequent decision in United States v; Search Snippet: ...lawyers, historians, and other commentators on the modern revival of Indian treaty fishing rights in the Pacific Northwest. The overwhelming amount of... |
2020 |
Yes |
| Sonia E. Rolland |
The Impact of Trade and Investment Treaties on Fiscal Resources and Taxation in Developing Countries |
21 Chicago Journal of International Law 48 (Summer, 2020) |
Developing countries need fiscal revenue to build their infrastructure, achieve energy security and environmental sustainability, and provide social services necessary for human development. While trade and investment treaties have typically been assumed to be tax revenue-neutral, economic studies demonstrate that such is not, in fact, the case; Search Snippet: ...81, at art. 9.12. . Model Text for the Indian Bilateral Investment Treaty, art. 11(iii) (Gov. of India, Ministry of Fin. Dep't... |
2020 |
Yes |
| Brian Richardson |
The Imperial Treaty Power |
168 University of Pennsylvania Law Review 931 (March, 2020) |
The modern debate over the scope of the federal government's treaty-making power is largely framed by motivated histories written at the turn of the last century. These histories, by and large, gave a legal imprimatur to the acquisition of the insular possessions and the exercise of colonial government over them. A principal contribution of these; Search Snippet: ...federal Indian law during this period. See Maggie Blackhawk, Federal Indian Law as Paradigm Within Public Law , 132 Harv. L. Rev... |
2020 |
Yes |
| Robin Kundis Craig |
The New United Nations High Seas Treaty: a Primer |
34-SPG Natural Resources & Environment 48 (Spring, 2020) |
The world is gearing up to protect biodiversity in the open ocean. Whether the United States will participate remains an open question. On November 27, 2019, the United Nations released the latest draft of its proposed Agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological; Search Snippet: ...being negotiated). Although the exact language of many of the treaty's core principles is still being negotiated, the parties have settled... |
2020 |
Yes |
| Kaylee Kilolani Michiko Correa |
The Relationship Between Food Sovereignty and Hawaiian Health: the Implications Behind Alexander and Baldwin's Recent Land Sale |
17 Indiana Health Law Review 257 (2020) |
The Hawaiian creation story, or Kumulipo, features Wkea (sky-father) and Papa (earth-mother), parents of the Hawaiian Islands. Ho'ohklani was the daughter of Wkea and Papa; Wkea and Ho'ohklani had a stillborn baby boy, so they buried him on the east side of their house, facing the sunrise. A plant soon grew in the burial spot, which became; Search Snippet: ...one of several Hawaiian rights advocacy approaches circling around the Native Hawaiian community [FN22] -- indigenous peoples rights, decolonization, and sovereignty are the three other main theories. [FN23] Federal recognition grants... |
2020 |
Yes |
| Camila Bustos |
The Third Space of Puerto Rican Sovereignty: Reimagining Self-determination Beyond State Sovereignty |
32 Yale Journal of Law & Feminism 73 (2020) |
The relationship between Puerto Rico and the United States has long been a story of empire and colonization. From the island's annexation to today, Puerto Ricans have struggled for their right to self-determination. The fiscal control board, housing crisis, austerity measures, Hurricane Maria, and the recent resignation of former governor; Search Snippet: ...against it constitute a conflict over boundaries. The resistance of indigenous people to this process creates what Bruyneel calls the third space of sovereignty , which resides neither simply inside nor outside the American political... |
2020 |
Yes |
| Joseph Blocher, Mitu Gulati |
Transferable Sovereignty: Lessons from the History of the Congo Free State |
69 Duke Law Journal 1219 (March, 2020) |
In November 1908, the international community tried to buy its way out of the century's first recognized humanitarian crisis: King Leopold II's exploitation and abuse of the Congo Free State. And although the oppression of Leopold's reign is by now well recognized, little attention has been paid to the mechanism that ended it--a purchased transfer; Search Snippet: ...labor- based theory to help justify the partial displacement of Native American claims to both property and sovereignty. [FN63] These same themes of property and sovereignty are intertwined... |
2020 |
Yes |
| |
United States-muscogee (Creek) Nation Treaty-- Federal Indian Law-- Disestablishment of Indian Reservations-- Mcgirt V. Oklahoma |
134 Harvard Law Review 600 (November, 2020) |
On the far end of the Trail of Tears [were] promise[s]. Much of federal Indian law jurisprudence is about whether promises to Indian tribes have been broken or kept. In the past, those promises were often broken by Congress or sometimes by judges on federal common law grounds. But last Term, in McGirt v. Oklahoma, the Supreme Court held that one; Search Snippet: ...Case Federal Statutes and Treaties UNITED STATES-MUSCOGEE (CREEK) NATION TREATY-- FEDERAL INDIAN LAW-- DISESTABLISHMENT OF INDIAN RESERVATIONS -- MCGIRT v. OKLAHOMA Copyright © 2020 by The Harvard Law... |
2020 |
Yes |
| Rebecca M. Kysar |
Unraveling the Tax Treaty |
104 Minnesota Law Review 1755 (April, 2020) |
Introduction. 1756 I. Background of the International Tax and Treaty System. 1759 A. The Roots of the International Tax System. 1760 B. Purposes and Features of Tax Treaties. 1763 C. The Domestic Rules on International Taxation. 1767 1. Worldwide v. Territorial. 1767 2. The U.S. Rules Preand Post-2017. 1768 II. Discarding Purported Purposes of Tax; Search Snippet: ...challenges for tax treaties. In the past few years, the Indian Equalization Levy, the UK Diverted Profits Tax, the Australian Diverted... |
2020 |
Yes |
| Amanda Rogerson, Michael Lopez |
Upholding Tribal Treaties with the Clean Water Act |
35-SUM Natural Resources & Environment 52 (Summer, 2020) |
During the nineteenth century, numerous tribal nations in the Pacific and Inland Northwest signed treaties with the United States. Through these treaties, Pacific and Inland Northwest tribes ceded millions of acres of the land they had called home for millennia. These tribes also reserved to themselves, through these treaties, however, certain; Search Snippet: ...Inland Northwest signed treaties with the United States. Through these treaties, Pacific and Inland Northwest tribes ceded millions of acres of the land they had called home for millennia. These tribes also reserved to themselves, through these treaties, however, certain rights vital to their way of life, including... |
2020 |
Yes |
| Kristen Carpenter, Alexey Tsykarev |
(Indigenous) Language as a Human Right |
24 UCLA Journal of International Law and Foreign Affairs 49 (Spring, 2020) |
The United Nations General Assembly has proclaimed 2022-2032 as the International Decade of Indigenous Languages. Building on lessons of the International Year of Indigenous Languages of 2019, the Decade will draw attention to the critical loss of indigenous languages and the urgent need to preserve, revitalize and promote indigenous languages; Search Snippet: ...and religious officials initially pursued several periods of diplomacy, war, treaty negotiation, and missionary policies toward the indigenous peoples of North America. [FN94] With the adoption of the U.S. Constitution, the United States continued treaty-making, but ultimately this gave way to federal Indian removal in the 1820-1860s and then a policy of... |
2020 |
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| Jeff Todd |
A "Sense of Equity" in Environmental Justice Litigation |
44 Harvard Environmental Law Review 169 (2020) |
C1-2TABLE OF CONTENTS Introduction. 169 I. The Story of Environmental Justice Litigation. 176 A. Distributive Injustice: The Roots of Environmental Justice. 178 B. Corrective Injustice: The Challenges of Environmental Justice Litigation. 181 C. Procedural Injustice--or Merely a Hurdle?: The Motion to Dismiss. 185 1. Justiciability Doctrines:; Search Snippet: ...note 9, at 1189-92; Rebecca Tsosie, Climate Change and Indigenous Peoples: Comparative Models of Sovereignty , 26 Tul. Envtl. L.J. 239, 249 (2013) [hereinafter Tsosie, Sovereignty . Molodanof & Durney, supra note 6, at 219-20.... |
2020 |
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| Ali Shan Ali Bhai |
A Border Deferred: Structural Safeguards Against Judicial Deference in Immigration National Security Cases |
69 Duke Law Journal 1149 (February, 2020) |
When confronted with cases lying at the intersection of immigration and national security, the judiciary has abided by a consistent principle: the president knows best. Since the late nineteenth century, rather than deciding these cases on the merits, courts have instead deferred to the executive branch. Courts' reluctance to engage in judicial; Search Snippet: ...subject to judicial review. Sarah H. Cleveland, Powers Inherent in Sovereignty: Indians, Aliens, Territories, and the Nineteenth Century Origins of Plenary Power... |
2020 |
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| Grant H. Frazier , John N. Thorpe |
A Case for Circumscribed Judicial Evaluation in the Supreme Court Confirmation Process |
33 Georgetown Journal of Legal Ethics 229 (Spring, 2020) |
In today's highly contentious judicial confirmation process, the American Bar Association--hardly a disinterested party--takes it upon itself to evaluate the qualifications of federal judicial nominees. The Senate often relies heavily on these evaluations, despite anecdotal evidence and empirical research showing strong political bias. In an effort; Search Snippet: ...21, 1789 request for the Senate's advice on a proposed Indian treaty. [FN106] This interaction is unusually well-documented, thanks in part... |
2020 |
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| Christian Pfister |
A Central Bank Digital Currency: Why? How? To What Effect? |
39 No. 6 Banking & Financial Services Policy Report Rep. 9 (June, 2020) |
A central bank digital currency (CBDC) may be defined as an element of the monetary base that is traded at par against fiat currency and reserves and that only the central bank may issue or destroy. A CBDC should also be available 24/7, may be used in peer-to-peer transactions and would circulate on digital media that are at least partially; Search Snippet: ...through the issuance of a wholesale or retail CBDC, a native European solution that can preserve the EU's full sovereignty in the area of transactions and that is independent of... |
2020 |
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| John Scrudato IV |
A Constitution Fit for a Nation: the Influence of the Law of Nations on the Virginia Plan and James Madison's Constitutional Thought |
31 Yale Journal of Law & the Humanities 169 (2020) |
C1-2Contents Introduction. 171 I. The International World of the Founders and the Significance of the Law of Nations. 172 II. Empirical Analysis of Law of Nations Mentions among the Founders. 177 III. A Curious Command of the Law of Nations. 180 IV. The Law of Nations and Madison's Proposed Constitutional Framework. 192 V. The Resurrection of; Search Snippet: ...month Randolph took office, George Rogers Clark, a former Congressional Indian Commissioner and Revolutionary War Brigadier General, joined a group of... |
2020 |
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| Jeff Todd |
A Fighting Stance in Environmental Justice Litigation |
50 Environmental Law 557 (Summer, 2020) |
The poor, persons of color, and indigenous peoples often turn to the courts to correct the injustice of companies and governments causing environmental harms in their communities. Existing interpretations of tort, statutory, and constitutional law do not adequately fit the situations faced by environmental justice plaintiffs, however, so defendants; Search Snippet: ...because nations like the U.S. benefit from trade and investment treaties that incentivize multinational corporations to conduct heavy manufacturing, mineral extraction... |
2020 |
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| Michael Kirby AC CMG |
A Global Constitutional Dialogue on Human Rights Challenges for the Judiciary in the 21st Century |
9 British Journal of American Legal Studies 405 (Fall, 2020) |
C1-2CONTENTS I. Keeping up With Rapidly Changing Times. 406 II. Preserving Judicial Integrity. 408 III. Protection of Human Rights. 410 IV. Globalism, Democracy and the Judiciary. 413 V. Reflection of Judicial Values. 416 VI. Technology and Transparency. 417 VII. Artificial Intelligence and the Will to Justice. 418 VIII. Global Pandemics and; Search Snippet: ...were nomadic and that the land was terra nullius, no treaty was negotiated in Australia to govern and redress the dispossession of Indigenous land and other rights. [FN42] This approach was upheld in... |
2020 |
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| Gregory E. Maggs |
A Guide and Index for Finding Evidence of the Original Meaning of the U.s. Constitution in Early State Constitutions and Declarations of Rights |
98 North Carolina Law Review 779 (May, 2020) |
When the original thirteen states declared independence from Great Britain, their former colonial charters became obsolete. Eleven states quickly addressed this situation by adopting state constitutions and, in some cases, declarations of rights to replace their charters. These state documents greatly influenced the drafting of the United States; Search Snippet: ...art. XXXIII; to license PA-C § 20 to make treaties SC-C art. XXXIII; to order quarantines MD-C art... |
2020 |
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| Gary Born, Danielle Morris, Stephanie Forrest |
A Margin of Appreciation: Appreciating its Irrelevance in International Law |
61 Harvard International Law Journal 65 (Winter, 2020) |
The margin of appreciation is an ill-defined legal concept that some international tribunals have referred to when affording a measure of deference to actions taken by national authorities. As most international tribunals have concluded, however, the margin of appreciation is neither a rule of international law nor a justifiable exercise of; Search Snippet: ...2), India-Swed., July 4, 2000 ( Indian Ministry of Foreign Affairs website); Treaty Concerning the Encouragement and Reciprocal Protection of Investment art. XIV, Alb.-U.S., Nov. 1, 1995, S. Treaty Doc. No. 104-19 (1995). See also CETA, supra note... |
2020 |
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| Gabriel J. Chin |
A Nation of White Immigrants: State and Federal Racial Preferences for White Noncitizens |
100 Boston University Law Review 1271 (September, 2020) |
U.S. law, of course, drew many lines based on race from the earliest days of slavery and colonialism. It is also well known that the government discriminated against noncitizens in favor of citizens in areas such as licensing and land ownership. This Article proposes that during the long Jim Crow era, there was an additional body of racially; Search Snippet: ...such. The California Constitution of 1879 granted suffrage to [e]very native male citizen of the United States and every male person... |
2020 |
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| Joseph Regalia |
A New Water Law Vista: Rooting the Public Trust Doctrine in the Courts |
108 Kentucky Law Journal L.J. 1 (2019-2020) |
C1-2Table of Contents Table of Contents. 1 I. A Public Trust Bootcamp. 7 II. Some States Have Embraced their Trust Obligations to Meet Evolving Threats to Water Resources; Some Have Shed their Duties Completely. 12 A. We are in a water crisis and adaptive, aggressive action is needed to protect precious water resources, especially in the west. 12; Search Snippet: ...dates back much farther. See, e.g. San Carlos Apache Tribe v. Super. Ct. ex rel . Cty. of Maricopa, 972 P... |
2020 |
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| David M. Howard |
A Revised Revisionist Position in the Law of Nations Debate |
15 Duke Journal of Constitutional Law & Public Policy 53 (Spring, 2020) |
One of the most contentious debates in the legal field has continued for decades over the question: is customary international law incorporated into U.S. domestic law? This question has sparked controversy that has resulted in multiple positions but no definite answer--the modern position with Dean Harold Koh and Professor Carlos Vasquez to the; Search Snippet: ...and Federal Courts' Post- Kiobel Jurisprudence Guided by Australian and Indian Experiences , 29 Emory Int'l L. Rev. 119, 142 (2014) (citing... |
2020 |
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| Robert L. Glicksman |
A Tribute to George Cameron Coggins, Public Lands Maverick |
68 University of Kansas Law Review 699 (May, 2020) |
Writing a conventional tribute to George Coggins is like trying to fit a square peg into a round hole. George was not big on convention. Refreshingly irreverent is the way one of his fellow public lands scholars described him. Another called him one in a million, in a million different ways. As Professor Jim May recalled in the days following; Search Snippet: ...considerable attention to wildlife law, writing about the Migratory Bird Treaty Act, [FN113] wildlife law and Native Americans, [FN114] and wildlife protection in the national parks. [FN115... |
2020 |
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| David W. Schnare |
Academic Research Transparency and the Importance of Being Earnest |
49 Journal of Law and Education Educ. 1 (Winter, 2020) |
Public universities and their research faculty have become important participants in governmental regulatory policy making. The public often chaffs from such regulatory controls and demands that the scientific foundations of such policies be open to public examination. In the absence of quantitative information on the volume and nature of such; Search Snippet: .... Terri Hansen & Jacqueline Keeler, The NIH Is Bypassing Tribal Sovereignty to Harvest Genetic Data from Native Americans Motherboard: Tech by Vice (Dec. 21, 2018, 2:32... |
2020 |
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| Antoinette Burton |
Accounting for Colonial Legal Personhood: New Intersectional Histories from the British Empire |
38 Law and History Review 143 (February, 2020) |
As a feminist scholar of the British Empire who grew up intellectually in the 1980s, I am grateful for the ways that these articles allow us to revisit some of the keywords and critical concepts that animated histories of race, gender, conjugality, and un/lawful sex in the late nineteenth and early twentieth centuries in both metropole and colony; Search Snippet: ...significations of indigeneity were mobilized rhetorically and symbolically by British Indian subjects and by colonial authorities alike, each aspiring to assert their claims to imperial sovereignty and, in a frankly brilliant reading of the Komagata Maru' s... |
2020 |
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| Arthur G. LeFrancois |
Activist, Scholar, Administrator |
45 Oklahoma City University Law Review Rev. 5 (Fall/Winter 2020) |
All those who saw you report to me that you have undergone a tremendous transformation and have become almost angelic in nature. This worries me. For while I would like you to be a good boy and to become a good man, I should regret it if you lost your high spirits, your great energy, and even your mischievousness. When Larry Hellman was a very; Search Snippet: ...addition to establishing innocence and immigration clinics, Larry expanded our Native American Legal Resource Center (now the American Indian Law and Sovereignty Center), increased federal and state externship opportunities, and established our... |
2020 |
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| William Baude |
Adjudication Outside Article Iii |
133 Harvard Law Review 1511 (March, 2020) |
C1-2CONTENTS Introduction. 1513 I. The Puzzle of Adjudication Outside Article III. 1514 A. The Constitutional Provisions. 1514 B. The Historical Exceptions. 1515 C. The Puzzle. 1516 D. A Return to Constitutional Powers. 1519 II. The Powers of Non--Article III Tribunals. 1521 A. The Judicial Power (of Some Other Government). 1523 1. State Courts; Search Snippet: ...tribes. . Brief of Amicus Curiae National Congress of American Indians in Support of Petitioner at 26-29, United States v... |
2020 |
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| Joshua Kastenberg |
Alcohol Prohibition in the New Mexico and Arizona State Judiciaries at 100 Years: the Development of Law and Shaping of Society in the Southwest |
50 New Mexico Law Review 347 (Summer, 2020) |
On January 16, 1920, the United States became a dry nation, at least as intended by the recently adopted the Eighteenth Amendment to the Constitution and its implementing legislation, the National Prohibition Act. In his comprehensive study on the national alcohol ban, Last Call the Rise and Fall of Prohibition, Daniel Okrent asks his readers:; Search Snippet: ...id. at 49 See, e.g. David E. Wilkins, American Indian Sovereignty and the U.S. Supreme Court: The Masking of Justice 121... |
2020 |
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| Milan Kumar |
American Indians and the Right to Vote: Why the Courts Are Not Enough |
61 Boston College Law Review 1111 (March, 2020) |
American Indians and Alaska Natives face new barriers in exercising their fundamental right to vote. Recently, states have introduced and implemented facially neutral voting rules aimed at eliminating voter fraud. These rules, as well as strict voter identification and increased reliance on mail-in ballots, disproportionately suppress; Search Snippet: ...that even though the plaintiffs acquired their title from the tribe it is not a title that can be recognized by... |
2020 |
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| Erin Hogan-Freemole |
An Odd Way to Read a Preemption Statute: the Atomic Energy Act, Virginia Uranium, and the Diné Natural Resource Protection Act |
31 Colorado Natural Resources, Energy & Environmental Law Review 379 (Summer, 2020) |
C1-2Table of Contents Introduction. 380 I. The Atomic Energy Act. 382 A. The History and Structure of the Atomic Energy Act. 382 1. The Role of the Nuclear Regulatory Commission. 383 2. Uranium: Mining, Milling, and Environmental Impacts. 384 3. The Role of the States in Nuclear Regulation. 386 B. Preemption Under the Atomic Energy Act. 387 1; Search Snippet: ...processing. [FN199] It notes that natural resource management in Navajo Indian Country [FN200] is a traditional matter of paramount governmental interest and a fundamental exercise of Navajo tribal sovereignty. [FN201] While the legal status of states and tribes are... |
2020 |
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| Aaron Rappaport |
An Unappreciated Constraint on the President's Pardon Power |
52 Connecticut Law Review 271 (April, 2020) |
Most commentators assume that, except for the few restrictions expressly mentioned in the U.S. Constitution, the President's pardon power is unlimited. This Paper suggests that this common view is mistaken in at least one unexpected way. Presidential pardons must satisfy a modest procedural rule: they must list the specific crimes covered by the; Search Snippet: ...area, or Barataria Island. X 6/12/1830 Jackson Cherokee Indians (incorporated into treaty) X 8/6/1846 Polk Political prisoners prosecuted under Sedition... |
2020 |
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| Alana Paris |
An Unfair Cross Section: Federal Jurisdiction for Indian Country Crimes Dismantles Jury Community Conscience |
16 Northwestern Journal of Law & Social Policy 92 (Fall, 2020) |
Under the Sixth Amendment to the United States Constitution, federal jury pools must reflect a fair cross section of the community in which a crime is prosecuted and from which no distinct group in the community is excluded. The community in which a crime is prosecuted varies widely in Indian country based on legislative reforms enacted by Congress; Search Snippet: ...community in which a crime is prosecuted varies widely in Indian country based on legislative reforms enacted by Congress to strip indigenous populations of their inherent sovereignty. Under the Major Crimes Act, the federal government has the... |
2020 |
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| Andrew Rader |
Analyzing the Implications of the Supreme Court's Holding in Herrera V. Wyoming |
44 American Indian Law Review 403 (2020) |
The Crow Tribe has inhabited southern Montana and northern Wyoming for more than three centuries; Wyoming officially became a state in 1890, long after the Crow Tribe settled in the area. The Tribe's settlement encompassed what is now known as the Bighorn National Forest, which is partly located in present-day Wyoming. Various territories; Search Snippet: ...those found in Herrera [FN13] Race Horse involved the Bannock Tribe of Indians, another tribe with land in present-day Wyoming, and the Tribe's treaty with the United States. [FN14] Within this treaty, article 4 provided, in part, the following language: [B]ut they... |
2020 |
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