| Author | Title | Citation | Summary | Year | Key Terms |
| DeVaughn Jones |
Judicial Racism and Judicial Antiracism: Retelling the Dred Scott Story |
68 UCLA Law Review Discourse 338 (2020) |
This Essay retells the Dred Scott story as a set of intersecting stories about judicial racism and judicial antiracism. Part I defines racism and antiracism, then discusses how racist and antiracist ideas are realized through government power. Next, this Essay visits one of the most prominent moments of judicial racial history: the story of Dred; Search Snippet: ...citizens, despite their subjugation. [FN106] The United States entered into treaties with Indigenous governments and sought their alliance in war, the majority claimed--the tribes maintained their own land, which neither the English nor the... |
2020 |
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| Ryan C. Williams |
Judicial Role and Judicial Duty in Foreign Affairs |
43 Fordham International Law Journal 1235 (May, 2020) |
L1-2INTRODUCTION . L31235 I. JUDICIAL POWER AND JUDICIAL DUTY. 1238 II. JUDICIAL DUTY AND CHANGES IN GOVERNING LAW. 1241 A. Changes in International Law and Practice: The Example of Prize Jurisdiction. 1241 B. Changes in Domestic Law: The Example of Multilateral Treaty Reservations. 1246 C. Accommodating Legal Change: The Law of Interpretation; Search Snippet: ...Knoxville, 227 U.S. 39, 43-49 (1913) (concluding that a treaty addressing patent lengths should be construed as non-self-executing notwithstanding putatively clear treaty language where drafting history and subsequent Congressional action suggested a... |
2020 |
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| Emily Mendoza |
Jurisdictional Transparency and Native American Women |
11 California Law Review Online 141 (May, 2020) |
While lawmakers have long known that Native American women experience gender-based violence at higher rates than any other population, lawmakers historically have addressed these harms by implementing jurisdictional changes: removing tribal jurisdiction entirely, limiting tribal jurisdiction, or returning jurisdiction to tribes in a piecemeal; Search Snippet: ...victims without recourse. Reformers seeking to address jurisdictional barriers for Native American women often approach this issue through a sovereignty framework, with two opposing solutions at the forefront. One approach... |
2020 |
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| Deepa Das Acevedo |
Just Hindus |
45 Law and Social Inquiry 965 (November, 2020) |
What happens when courts reach good outcomes through bad reasoning? Are there limits to consequentialist jurisprudence? The Indian Supreme Court's recent decision in IYLA v. State of Kerala offers important insights on both issues. IYLA, decided in September 2018, held that the Hindu temple at Sabarimala may not ban women aged ten to fifty from; Search Snippet: ...47-49. London: Thoemmes Continuum, 2005. Das Acevedo, Deepa. Divine Sovereignty, Indian Property Law, and the Dispute over the Padmanabhaswamy Temple. Modern... |
2020 |
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| Dana Zartner, JD, LLM, Ph.D. |
Justice for Juristac: Using International and Comparative Law to Protect Indigenous Lands |
18 Santa Clara Journal of International Law 175 (June 3, 2020) |
Battles between extractivist industries and indigenous peoples and environmentalists are raging around the world, as well as in our own backyard. At the southern end of the Santa Cruz Mountains in an area called Sargent Ranch, the Amah Mutsun Tribal Band is currently fighting to prevent the creation of a sand and gravel mine on their sacred lands; Search Snippet: ...to religious expression, and the precautionary principle found in international treaty law, customary international law, and regional and domestic court cases... |
2020 |
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| Corina Heri |
Justifying New Rights: Affectedness, Vulnerability, and the Rights of Peasants |
21 German Law Journal 702 (May, 2020) |
Over the last decades, various groups seeking international legal recognition of new human rights claims have succeeded in their endeavors. Some movements have crafted such convincing demands that their participation has even become an implicit condition of the legitimacy of the resulting human rights documents. But what; Search Snippet: ...both are linked to collective identities that reposition peasants and indigenous peoples--who were both once considered anachronisms in the modern... |
2020 |
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| |
Keeping Current--property |
34-OCT Probate and Property 16 (September/October, 2020) |
Keeping Current--Property offers a look at selected recent cases, literature, and legislation. The editors of Probate & Property welcome suggestions and contributions from readers. CONDOMINIUMS: Insurer's waiver of the right to subrogation does not apply to a tenant who rents a unit. A fire originating in a leased condominium unit caused extensive; Search Snippet: ...of coverage and failure to defend against the assertion of Indian treaty rights is wrongful and in bad faith. In 2015, Robbins... |
2020 |
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| Jennifer Mendoza |
Ktunaxa Nation V. British Columbia: a Historical and Critical Analysis of Canadian Aboriginal Law |
29 Washington International Law Journal 685 (June, 2020) |
Aboriginal law is a developing and emerging area of the law in Canada. In fact, Aboriginal rights were not constitutionally protected until the ratification of the Canadian Constitution in 1982. What followed was a series of precedent-setting cases that clarified what rights meant under Section 35 of the Constitution, how Aboriginal; Search Snippet: ...as to recognize Aboriginal title. [FN59] Thus, even today, many indigenous leaders view the Royal Proclamation as guaranteeing their sovereignty. [FN60] The Courts have concluded that the ultimate purpose of... |
2020 |
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| Mona Oraby , Winnifred Fallers Sullivan |
Law and Religion: Reimagining the Entanglement of Two Universals |
16 Annual Review of Law and Social Science 257 (2020) |
religion, law, state, legal pluralism, modernity, secularism In the last few decades, the study of law and religion has undergone considerable reconstruction. Less and less constrained by modern statist construals of rights talk or tied to confessional contexts, the comparative study of the intersection of law and religion by anthropologists,; Search Snippet: ...persists as a meaningful arena of contestation; the role of indigenous elites and arrangements of legal pluralism in colonial contexts; and new approaches to economy, race, and sovereignty and citizenship. By mobilizing an understanding of law that does... |
2020 |
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| Dantam Le |
Leveraging the Ilo for Human Rights and Workers' Rights in International Sporting Events |
42 Hastings Communications and Entertainment Law Journal 171 (Summer, 2020) |
Sports majorly impact the world, and millions of fans from all over the globe rally together with pride to watch their countries compete on the world's stage in international sporting events such as the Olympic Games and the World Cup. Studies suggest that mega sporting events help host cities gain an influx of resources from the central government; Search Snippet: ...work closely with the ICO and FIFA to push a treaty among nation-states to promote workers' rights, and (3) the ILO should not condone violations of the rights of indigenous and impoverished communities and migrant workers by failing to take... |
2020 |
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| Lily Grisafi |
Living in the Blast Zone: Sexual Violence Piped onto Native Land by Extractive Industries |
53 Columbia Journal of Law and Social Problems 509 (Summer, 2020) |
Native American women around the country, and particularly those living near extractive industries, face an epidemic of sexual violence. The high rates of violence against Native women are due in large part to the lack of liability for those most responsible. Flaws in United States and tribal criminal justice systems create de facto jurisdictional; Search Snippet: ...on tribal land with impunity. In particular, restrictions on tribal sovereignty and criminal jurisdiction, inadequate funding for tribal criminal justice systems... |
2020 |
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| Timothy Meyer |
Misaligned Lawmaking |
73 Vanderbilt Law Review 151 (January, 2020) |
Since 1962, when Congress passed the Trade Expansion Act, every new U.S. trade deal has had the same essential bargain at its core. Congress agrees to give the president the power to lower trade barriers, while at the same time providing adjustment assistance for those workers displaced by competition with new imports. This bargain illustrates what; Search Snippet: ...the event of power shifts). Model Text for the Indian Bilateral Investment Treaty myGov art. 24.1 (2016) |
2020 |
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| Aaron Haviland |
Misreading the History of Presidential War Power, 1789-1860 |
24 Texas Review of Law and Politics 481 (Spring, 2020) |
Introduction. 482 I. Methodology. 487 A. Contribution to the Literature on Presidential War Power. 487 B. Categorizing Military Conflicts. 490 II. Authorized or Disavowed. 495 A. Declaration of War or Statute. 495 B. Anti-Piracy Laws. 502 C. Disavowed. 505 III. Within Article II. 507 A. Peacetime Deployments and Demonstrations. 507 B. Protecting; Search Snippet: ...before conducting offensive military expeditions against Indian tribes. [FN65] However, Indian tribes were treated as quasi-sovereign actors--domestic dependent nations--with whom the U.S. government signed treaties. [FN66] They had a political structure and could engage in... |
2020 |
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| Fred G. Zundel |
Modification of Tribal Custody Decree in State Court |
63-MAY Advocate 22 (May, 2020) |
Assume the following facts. John is an enrolled member of an Idaho Tribe. Jane is not a person of Native American descent and is not a member of any Tribe. The parties are the parents of two minor children. The children are enrolled members of John's Tribe. John and Jane were married in 2005 within the exterior boundaries of John's Tribal; Search Snippet: ...government, and exhaustion of Tribal Court remedies Although an Idaho Tribe is not to be regarded as a state for the... |
2020 |
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| Matthew A. King |
Murphy V. Ncaa and Legalization of Sports Betting in States and Indian Country |
59 No. 2 Judges' Journal 16 (Spring, 2020) |
In 2018, the U.S. Supreme Court in Murphy v. NCAA struck down the Professional and Amateur Sports Protection Act (PASPA) of 1992 on states' rights grounds. For nearly three decades, the federal law prevented all but four states and the vast majority of Tribes from legalizing wagering on collegiate and professional sports competitions. Tribes and; Search Snippet: ...to greatly impact Tribal economies--for better or for worse. Indian gaming is governed by the Indian Gaming Regulatory Act (IGRA) of 1988, but the true source of Tribes' authority to game stems from their inherent sovereignty as nations predating the formation of the United States. [FN6] IGRA imposed limits on Tribal sovereignty for gaming Tribes. While IGRA represented a paradigm shift in the gaming |
2020 |
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| Mark Suagee |
My Brother, Dean Suagee |
34-SPG Natural Resources & Environment Env't 2 (Spring, 2020) |
My brother, Dean Suagee, saw his vision early. He worked hard in school, putting physical abilities into wrestling and football, while his serious schoolwork led to high school valedictorian honors. He continued earning academic honors through college at the University of Arizona, and not until law school did he receive an average grade. As his; Search Snippet: ...our earth and his belief in, and concern for, the sovereignty of tribal governments in their Indian communities and in the traditions they live. I rode with... |
2020 |
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| Craig Evan Klafter |
Myanmar, Rule of Law, and an Imperfect Inheritance |
44-WTR Fletcher Forum of World Affairs 121 (Winter, 2020) |
This article describes how Myanmar represents a rare case in post-colonial societies in that much of the law it inherited was written on its behalf some as an experiment, some never implemented, and most of it never adapted to local circumstances. Leading up to independence in 1948, the British hoped that a formal process of constitution drafting; Search Snippet: ...interpreted the Contract Act liberally and scholars have produced influential treaties on contract law, while both groups have adapted contract law to the needs of Indian society. [FN4] In Burma and subsequently in Myanmar, however, courts... |
2020 |
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| Joshua Kastenberg |
National Security and Judicial Ethics: the Exception to the Rule of Keeping Judicial Conduct Judicial and the Politicization of the Judiciary |
12 Elon Law Review 282 (2020) |
I. DISQUALIFICATION AND THE MISTRETTA RULE. 288 A. Judicial Recusal Rules in the Modern Era. 291 B. Judicial Nominations. 293 II. JUDICIAL ACTIVITIES, ADVICE, AND ENCOURAGEMENT: TAFT, STONE, AND BURGER. 298 A. Taft and the National Security Exception. 302 B. Stone: Opposition to Extra-Judicial Conduct but Resistance to his Example. 305 C. Warren; Search Snippet: ...on either. [FN23] The appeal arose as a matter of Indian- treaty and land allocation legislation that placed into the courts an... |
2020 |
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| Dennis J. Donohue, Daniel P. Ettinger |
Navigating Tribal Opposition to Permits for Great Lakes Mining Projects |
35-SUM Natural Resources & Environment 41 (Summer, 2020) |
Mining and beneficiation of metals was an early driver in the economic development of the Great Lakes region. The mining of both iron and other minerals came to the Upper Peninsula of Michigan in the early 1840s, spurred by Douglass Houghton's publication of a report on the famed native copper deposits of the Keweenaw in 1841, followed closely by; Search Snippet: ...federal air and water pollution control laws. Most of the tribes in the region also have treaty rights. This article examines the challenges involved in navigating tribal... |
2020 |
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| David Kuan-Wei Chen |
New Ways and Means to Strengthen the Responsible and Peaceful Use of Outer Space |
48 Georgia Journal of International and Comparative Law 661 (Spring, 2020) |
C1-2Table of Contents I. Introduction. 662 II. Legal Regime Governing Space. 663 III. The Legal Lacunae with Regard to Responsible and Peaceful Use of Outer Space. 668 IV. International Efforts to Strengthen the Responsible and Peaceful Use of Space. 670 V. Ways and Means of Maintaining Outer Space for Peaceful Purposes. 673 VI. The Long-Term; Search Snippet: ...India's Anti-Satellite Missile Test Conducted on 27 March, 2019 Indian Ministry of External Aff. (Mar. 27, 2019) |
2020 |
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| Sarah Krakoff |
Not Yet America's Best Idea: Law, Inequality, and Grand Canyon National Park |
91 University of Colorado Law Review 559 (Spring, 2020) |
Absolutely American, absolutely democratic, they reflect us at our best rather than our worst .. The national park idea, the best idea we ever had. --Wallace Stegner [P]arks are not America's best idea .. The best idea language has the potential to alienate more people than it attracts .. If asked to choose between the Grand Canyon or a; Search Snippet: ...consistently undermined those very promises. [FN22] Legal principles forged in treaties and affirmed by the U.S. Supreme Court recognized that Indian tribes were domestic dependent nations that had direct legal relationships with... |
2020 |
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| Josh Blackman |
October Term 2019 in Review: Blue June |
8/27/2020 University of Chicago Law Review Online Online 1 (August 27, 2020) |
Over the past 225 years, the Supreme Court witnessed two presidential impeachment trials and two pathogenic shutdowns. This past winter, Chief Justice John Roberts presided over both in the span of two months--and those weren't even the biggest headlines of the year! This term had it all: guns, abortion, DACA, Little Sisters, LGBT discrimination,; Search Snippet: ...at 2459 Today we are asked whether the land these treaties promised remains an Indian reservation for purposes of federal criminal law. Because Congress has... |
2020 |
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| Blake Gentry |
O'odham Niok? In Indigenous Languages, U.s. "Jurisprudence" Means Nothing |
37 Chicana/o-Latina/o Law Review 29 (2020) |
C1-2Table of Contents Introduction. 30 I. Standing of Indigenous Languages in the U.S. Immigration System. 32 II. Venues of Language Discrimination. 35 A. First Contact, Origin of Language Discrimination. 36 B. Streamline Criminal Court. 38 C. Longterm Detention. 39 D. Immigration Court. 41 E. Family and Child Detention. 42 III. Law and Policy for; Search Snippet: ...O'odham Nation sanctioned by the Department of Interior's Bureau of Indian Affairs, and that the Tohono O'odham Nation was recognized as an indigenous nation with limited sovereignty in 1917 by Executive Order, [FN1] at no time during... |
2020 |
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| Michael D. Ramsey |
Originalism and Birthright Citizenship |
109 Georgetown Law Journal 405 (December, 2020) |
The first sentence of the Fourteenth Amendment provides: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. This language raises two substantial questions of scope. First, what does it mean to be born in the United States? Does; Search Snippet: ...the time was Alaska (purchased in 1867), but the acquisition treaty acknowledged Alaskans' U.S. citizenship; Alaska's indigenous population was excluded from citizenship by the same theory that excluded tribal Native Americans in the contiguous states and territories, and in any event the non- Native population was extremely small and not expected to grow. [FN55... |
2020 |
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| Stephen J. Ware |
Paternalism or Gender-neutrality? |
52 Connecticut Law Review 537 (July, 2020) |
The strong and widely accepted reasons for using gender-neutral language presumptively apply to the gendered word paternalism and its gender-neutral counterpart, parentalism. With these reasons in mind, this Article's thesis is that legal scholars should begin with a presumption for using the gender-neutral word parentalism, while using paternalism; Search Snippet: ...1000-01 (2017) . Jessica A. Shoemaker, Complexity's Shadow: American Indian Property, Sovereignty, and the Future , 115 Mich. L. Rev. 487, 542 (2017... |
2020 |
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| Binendri Perera |
People's Movements as a Strand of Popular Constitutionalism: Driving Forces, Distinctive Features, and Dilemmas |
29 Washington International Law Journal 341 (April, 2020) |
Constitutional democracies claim themselves to be constructed upon the will of the people. As the agency gap between the rulers and the ruled widens, people are increasingly more frustrated and compelled to actively take a stand. Advances of technology and social mobilization give increasing opportunities for the people to directly; Search Snippet: ...also extremely progressive in its incorporation of international human rights treaties, enshrinement of economic, social and cultural rights, women's rights and indigenous rights. [FN55] However, the executive branch consists of a president... |
2020 |
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| Jeremy A. Siegman, Harvard University |
Playing with Antagonists: the Politics of Humor in Israeli-palestinian Market Encounters |
43 PoLAR: Political and Legal Anthropology Review 103 (May, 2020) |
This article identifies playful antagonism as a defining mode of rare Israeli-Palestinian encounters in Israeli settlement businesses. It is based on ethnographic work primarily in an Israeli settlement supermarket where the lowest-paid workers are mostly occupied Palestinians. This playful antagonism characterizes heated; Search Snippet: ...387). Anthropologists have complicated Wolfe's settler logics through attention to indigenous sovereignty (Cattelino 2008; Simpson 2014); and, in Palestine, to the everyday... |
2020 |
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| Matthew L.M. Fletcher |
Politics, Indian Law, and the Constitution |
108 California Law Review 495 (April, 2020) |
The question of whether Congress may create legal classifications based on Indian status under the Fifth Amendment's Due Process Clause is reaching a critical point. Critics claim the Constitution allows no room to create race-or ancestry-based legal classifications. The critics are wrong. When it comes to Indian affairs, the Constitution is not; Search Snippet: ...the Reconstruction Congress. Between 1866 and 1875, Congress singled out Natives for special treatment in scores of statutes and treaties In addition, the Fourteenth Amendment itself acknowledges that Indians may continue to be singled out, excluding Indians not taxed for apportionment purposes. U.S. Const. amend. XIV, §... |
2020 |
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| Zoe Cometti |
Possibilities of Limiting the Protection of Large-scale Investments in Farmland |
21 German Law Journal 1198 (September, 2020) |
Large-scale investments in farmland can generate adverse effects on food security, minority groups, and the environment. Consequently, this Article analyzes to what extent international investment law has the potential to prevent those effects, considering the current investment treaty reform towards a symmetrical; Search Snippet: ...pointed out by the Special Rapporteur on the rights of indigenous peoples, investment treaty arbitral tribunals do not apply human rights and indigenous peoples' rights as sources of applicable law. [FN156] It is... |
2020 |
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| Lillian K. Glenister |
Preserving Maunakea under International Law: a Draft Petition to the Inter-american Commission on Human Rights on Behalf of Kealoha Pisciotta and Hawai'i's Knaka Maoli Community |
56 California Western Law Review 399 (Spring, 2020) |
C1-2Table of Contents Summary of Petition. 400 Draft Petition to the Inter-American Commission on Human Rights on Behalf of Kealoha Pisciotta and Hawai'i's Knaka Maoli Community. 403 Introduction. 403 I. The Petitioners. 406 II. Factual and Procedural Background. 407 A. Significance of Maunakea to Knaka Maoli. 407 B. The TMT Project. 409 C; Search Snippet: ...Knaka Maoli have acted to express their cultural and political sovereignty in many ways, their protests over the construction of a... |
2020 |
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| Eric S. Janus |
Preventing Sexual Violence: Alternatives to Worrying about Recidivism |
103 Marquette Law Review 819 (Spring, 2020) |
I. Introduction. 819 II. How We Got Here: A Short History. 825 III. Frightening and High. 827 A. The Sex Offender as Other. 828 B. The Sex Offender as Serial Predator. 830 IV. The Myth of the Serial Predator. 832 A. The Frightening and High Myth Grossly Exaggerates Sexual Recidivism. 832 B. Sex Offenders are Heterogeneous with Respect to; Search Snippet: ...women could be raped. Sarah Deer, Decolonizing Rape Law: A Native Feminist Synthesis of Safety and Sovereignty , 24 Wicazo Sa Rev. 149, 151 (2009). Women minorities remain... |
2020 |
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Procedural Means of Enforcement under 42 U.s.c. § 1983 |
49 Georgetown Law Journal Annual Review of Criminal Procedure 1211 (2020) |
Scope of § 1983. Under 42 U.S.C. § 1983, a prisoner may seek redress against state and local (but not federal ) officials when a person acting under color of state law deprives the prisoner of rights guaranteed by the Constitution or federal laws. The Court has provided at least three categories of conduct that satisfy § 1983's under color of; Search Snippet: ...577 (10th Cir. 2015) (no cognizable § 1983 claim under treaty between United States and Native American tribe); Burban v. City of Neptune Beach, Fla., 920 F.3d... |
2020 |
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| Angela C. Carmella |
Progressive Religion and Free Exercise Exemptions |
68 University of Kansas Law Review 535 (March, 2020) |
Progressive religious causes have grown increasingly visible during the Trump presidency. Dr. Scott Warren, volunteering with a Unitarian ministry, is arrested for giving food and water to border crossers in Arizona and charged with felony harboring. Catholic nuns in Pennsylvania try to stop the installation of a natural gas pipeline across their; Search Snippet: ...of Native Americans often do not. The religious practices of Native American tribes are protected, if at all, by a complex web of treaty, constitutional, and statutory laws. [FN352] Though it is difficult to... |
2020 |
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| Tyler Yeargain |
Prosecutorial Disassociation |
47 American Journal of Criminal Law 85 (Spring, 2020) |
Introduction. 86 I. The History and Development of Prosecutors' Associations. 87 A. Institutional Histories. 87 B. Statutory Power. 92 II. Prosecutors' Associations as Interest Groups. 96 A. Lobbying. 97 B. Electioneering. 104 C. Participation in Litigation. 110 III. Progressive Prosecutors and Prosecutors' Associations. 114 A. The Rise of the; Search Snippet: ...Murphy , a recently-decided case that will greatly affect the sovereignty of Native American tribes in Oklahoma and the viability of state-level prosecutions in... |
2020 |
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| Christopher Barbera |
Protecting Native Human Rights During Natural Disasters Through Free, Prior, and Informed Consent: a Case Study on Arguing Fpic as a Tool for Human Rights |
48 Denver Journal of International Law and Policy 107 (Summer, 2020) |
It is an established principle of disaster preparedness that the involvement of local communities in disaster risk reduction and emergency planning processes greatly increases that community's resilience in the face of natural disasters. Communities often have unique hazards, strengths, internal dynamics and politics, response capabilities, and; Search Snippet: ...Part I discusses the FEMA TCP, its legislative history, and Native self-determination and sovereignty in the context of Federal Indian Law. The section then examines how the concept of FPIC... |
2020 |
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| Ryan V. Petty |
Protections for Traditional Knowledge under State Common Law and Constitutional Law |
26 Boston University Journal of Science and Technology Law 120 (Winter, 2020) |
Introduction. 121 I. Preemption Issues with Intellectual Property. 124 A. Patents. 125 B. Copyright. 127 1. Section 301(a) (preemption). 127 2. Section 301(b)-(c) (non-preemption). 128 3. Moral rights. 129 C. Trademark. 131 D. Trade Secret. 133 E. How to Survive Federal IP Law Preemption. 136 II. Preemption Issues with Native American Tribes. 137; Search Snippet: ...Commerce Clause. [FN156] This case capped years of dwindling tribal sovereignty wins in the Supreme Court by holding that the Indian Commerce Clause of the Constitution imposed no judicially enforceable restraints... |
2020 |
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| Adam J. MacLeod |
Public Rights after Oil States Energy |
95 Notre Dame Law Review 1281 (January, 2020) |
The concept of public rights plays an important role in the jurisprudence of the Supreme Court of the United States. But as the decision in Oil States last Term revealed, the Court has often used the term to refer to three different concepts with different jurisprudential implications. Using insights drawn from historical and analytical; Search Snippet: ...FN13] federal regulation of employment contracts and other commerce, [FN14] native tribal sovereignty, [FN15] and other areas of law that implicate both private... |
2020 |
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| Robert L. Tsai |
Racial Purges |
118 Michigan Law Review 1127 (April, 2020) |
The Chinese Must Go: Violence, Exclusion, and the Making of the Alien in America. By Beth Lew-Williams. Cambridge and London: Harvard University Press. 2018. Pp. 244. $24.95. On the rainy morning of November 3, 1885, some 500 armed white men visited the home and business of every single Chinese person living in Tacoma, Washington. As the skies; Search Snippet: ...keep out and hunt for unauthorized Chinese migrants, or when indigenous tribes were systematically deprived of sovereignty and their members forcibly relocated to reservations. [FN92] Legalized expulsions... |
2020 |
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| Clifford B. Parkinson , The Honorable Dee V. Benson |
Raconteur, Bon Vivant, Senior Judge: a Tribute to Monroe Mckay |
33-AUG Utah Bar Journal 14 (July/August, 2020) |
In an interview some thirty years ago, Judge Monroe G. McKay of the Tenth Circuit Court of Appeals said, I hope to serve my full term as a judge - they are appointed for life, you know. On March 28, 2020, at the age of 91, Judge McKay realized that hope, passing away peacefully while still active as a senior judge for the circuit. Just two weeks; Search Snippet: ...Considering the case en banc , the majority held that the Tribe did have the authority to tax and explained that chief among the powers of sovereignty recognized as pertaining to an Indian tribe is the power of taxation. Id. at 544 While the... |
2020 |
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| Scott W. Stern |
Rebuilding Trust: Climate Change, Indian Communities, and a Right to Resettlement |
47 Ecology Law Quarterly 179 (2020) |
According to most estimates, more than one hundred million people will be permanently displaced by climate change by 2050. Among the people most at risk of displacement are American Indians. If the government does nothing, or simply does not do enough, hundreds of Indian communities across the United States will be destroyed, the members of these; Search Snippet: ...it. It guarantees Indian communities relocation as communities Emerging from treaty obligations and the foundational Indian law cases of the 1830s, the federal trust duty today... |
2020 |
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| Mariam Hashmi |
Recent Challenges to the Indian Child Welfare Act Suggest it Is Time for the United States Supreme Court to Act: Indian Survival Depends on it |
21 Rutgers Race & the Law Review 149 (2020) |
Congress enacted the Indian Child Welfare Act of 1978 (ICWA) in response to the removal of Indian children from their homes, and to protect the best interests of Indian tribes and families. The United States Supreme Court has been reluctant to hear challenges to the ICWA but with the increase in challenges in the lower courts, and a major setback; Search Snippet: ...of this Note begins with a historical context of tribal sovereignty which designates tribes as separate and independent political communities that have a right... |
2020 |
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| Jonodev Chaudhuri |
Reflection on Mcgirt V. Oklahoma |
134 Harvard Law Review Forum 82 (November 20, 2020) |
My Mvskoke family lives in a world of stories. My mother immersed me in these stories. Until her untimely death, Mom did all that she could to keep my brother, my cousin, and me connected to our traditions and instill in us a sense of what it means to be Muscogee. The fact that we lived out of state made no difference. Some of her efforts were; Search Snippet: ...Gorsuch wrote: Today we are asked whether the land these treaties promised remains an Indian reservation for purposes of federal criminal law. Because Congress has... |
2020 |
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| Kermit V. Lipez |
Reflections on the Church/state Puzzle |
72 Maine Law Review 325 (2020) |
I. INTRODUCTION II. MASTERPIECE CAKESHOP: THE FIGHT FOR RELIGIOUS EXCEPTIONS TO PUBLIC ACCOMMODATIONS LAWS A. Precedent: Employment Division v. Smith B. Masterpiece Cakeshop's Sidestep C. The Portent of Masterpiece Cakeshop III. TRINITY LUTHERAN: THE ASCENDENCY OF THE FREE EXERCISE CLAUSE OVER THE ESTABLISHMENT CLAUSE A. Accommodation for Religious; Search Snippet: ...the President to proclaim days of prayer and thanksgiving, the Indian treaties under which Congress paid the salaries of priests and clergy... |
2020 |
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| John T. Holden |
Regulating Sports Wagering |
105 Iowa Law Review 575 (January, 2020) |
The Supreme Court decision in Murphy v. National Collegiate Athletic Association has opened a door that has remained closed for more than a quarter century, allowing states to begin legalizing sports gaming. State lawmakers' excitement in seeking a new way to generate revenue is palpable through the more than 25 different bills that have; Search Snippet: ...Supreme Court was tasked with addressing the scope of tribal sovereignty in the realm of gaming in California v. Cabazon Band of Mission Indians [FN239] The Cabazon case centered on two California tribes with... |
2020 |
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| Margaret Schaff, J.D. |
Regulation of Electric Utilities on Indian Reservations: Tribal Governments' Oversight of Renewable Energy Development and Utility Providers and Authority to Create Tribal Utilities |
41 Energy Law Journal 261 (2020) |
Synopsis: Indian tribes are sovereign governments who have obligations to their members. As with any government, a basic need of a tribal government is to assure the public has cost effective and reliable utility services, safe and appropriate infrastructure on their lands, and fair access to voting for representation on elected utility boards and; Search Snippet: ...Indian tribe inhabiting it, and not with the states. [FN46] Tribes have inherent sovereign authority in Indian Country to regulate entities doing business on tribal lands as an essential attribute of Indian sovereignty; it is a necessary instrument of self-government and territorial... |
2020 |
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| Dipika Jain, Payal K. Shah |
Reimagining Reproductive Rights Jurisprudence in India: Reflections on the Recent Decisions on Privacy and Gender Equality from the Supreme Court of India |
39 Columbia Journal of Gender and Law L. 1 (Spring, 2020) |
In July 2018, twenty-year-old Sarita approached the Supreme Court of India seeking permission to terminate her twenty-five-week pregnancy. Sarita was a domestic violence survivor and suffered from other health complications due to epilepsy. She had learned of her pregnancy at seventeen weeks and her petition stated that she had become pregnant as a; Search Snippet: ...states take measures to eliminate discrimination on multiple axes. [FN226] Treaty monitoring bodies have established that states should take extra efforts... |
2020 |
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| Haochen Sun |
Reinvigorating the Human Right to Technology |
41 Michigan Journal of International Law 279 (2020) |
The right to technology is a forgotten human right. Dating back to 1948, the right was established by the Universal Declaration of Human Rights (UDHR) in response to the massive destruction wrought by technologically advanced weapons in the Second World War. The UDHR states that [e]veryone has the right . to share in scientific advancement and; Search Snippet: ...Id . United Nations Declaration on the Rights of Indigenous Peoples, Discussion Guide: Acknowledging Truths, Winter 2018 PPH Reading( [M]ost human rights treaties reflect an individualistic concept of rights and rights-holders. But... |
2020 |
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| Valorie E. Douglas |
Reparations 4.0: Trading in Older Models for a New Vehicle |
62 Arizona Law Review 839 (Fall, 2020) |
Reparations reappeared in the news even before the murders of George Floyd, Breonna Taylor, Ahmaud Arbery, and others made headlines as modern-day lynchings. As data continue to show the perpetuation of social and economic harm and hardship that Black Americans suffer for being Black Americans, notions of fairness and justice suggest redress for; Search Snippet: ...reparations occurred in the United States when Congress created the Indian Claims Commission in 1946, which had jurisdiction to hear and resolve claims resulting from unfair takings and other treaty breaches between the United States and Native nations and tribes. [FN47] A third example was the Civil Liberties Act of... |
2020 |
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| Robert Alan Hershey |
Repatriation of Sacred Native American Cultural Belongings from Historical Racism |
56-AUG Arizona Attorney 40 (July/August, 2020) |
The Hopi Tribe and other Puebloan societies continue to fight French auction-houses that promote sales of sacred belongings that these Native Nations assert are critical to their customary heritages. Tribes elsewhere have been alertedDD to other potential national and international auctions that could foster disappearances of their own cultural; Search Snippet: ...applied only to items found on federal lands. The American Indian Religious Freedoms Act (AIRFA) has no teeth; the United Nations Educational, Scientific, and Cultural Organization (UNESCO) Treaty does not prevent the export of sacred Native artifacts; the Native American Graves Protection and Repatriation Act (NAGPRA) is a mechanism... |
2020 |
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| Ariane Frosh |
Reproducing Equality: How Covid-19 Can Strengthen Abortion Rights |
68 UCLA Law Review Discourse 80 (2020) |
States hostile to reproductive freedom have weaponized the COVID-19 pandemic to ban abortion in the name of public safety. Relying on heightened power the state typically exercises during an emergency, it can capitalize on public panic to achieve its policy goals. By laying bare the racial inequities of our healthcare systems and the opportunistic; Search Snippet: ...of civil liberties during a national security crisis); Laurence H. Tribe & Patrick O. Gudridge, The Anti-Emergency Constitution , 113 Yale L.J... |
2020 |
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