| Author | Title | Citation | Summary | Year | Key Terms |
| James Muldoon |
The Cherokee Nation, John Marshall, and the Stadial Theory of Development |
53 UIC John Marshall Law Review Rev. 1 (Summer, 2020) |
I. INTRODUCTION. 1 II. STADIAL THEORY. 3 III. JOHNSON V. M'INTOSH. 6 IV. CHEROKEE NATION V. GEORGIA. 13 V. WORCESTER V. GEORGIA. 15 VI. THE CIVILIZED AND THE UNCIVILIZED. 23 VII. CHANCELLOR KENT. 24 VIII. JOSEPH STORY. 30 IX. CONCLUSION. 32; Search Snippet: ...America, the land was held, occupied, and possessed, in full sovereignty by various independent tribes or nations of Indians, who were the sovereigns of their respective portions of the... |
2020 |
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| Angela P. Harris , Aysha Pamukcu |
The Civil Rights of Health: a New Approach to Challenging Structural Inequality |
67 UCLA Law Review 758 (October, 2020) |
An emerging literature on the social determinants of health reveals that subordination is a major driver of public health disparities. This body of research makes possible a powerful new alliance between public health and civil rights advocates: an initiative to promote the civil rights of health. Understanding health as a matter of justice, and; Search Snippet: ...and Patient Privacy: Tribal Policies as Added Means for Addressing Indian Health Disparities , 31 Am. Indian L. Rev. 1 (2006) (outlining the role of tribal policies... |
2020 |
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| Matthew Stanford |
The Constitutional Challenges Awaiting Police Reform--and How Congress Can Try to Address Them Preemptively |
11 California Law Review Online 296 (July, 2020) |
The horrifying death of George Floyd under the knee of a Minneapolis police officer has thrust police reform back into the national discussion. As it should. The deaths of Floyd and countless other unarmed Black men and women in police custody make clear that much remains to be done before the United States rights its course in a violent history; Search Snippet: . |
2020 |
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| Dylan R. Hedden-Nicely |
The Contemporary Methodology for Quantifying Reserved Instream Flow Water Rights to Support Aquatic Habitat |
50 Environmental Law 257 (Winter, 2020) |
Since time immemorial, indigenous people have relied on the streams of their territory for food, fiber, transportation, recreation, cultural, and spiritual needs. Accordingly, tribal people--particularly those in the region now called the Northwestern United States--placed singular emphasis on preserving their traditional subsistence culture when; Search Snippet: ...States during the reservation era. Although rarely expressed in these treaties, the tribes are nonetheless entitled to water rights sufficient to fulfill these traditional subsistence treaty rights. Of the suite of water rights to maintain traditional... |
2020 |
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| Jonathan Liljeblad |
The Convention for the Safeguarding of the Intangible Cultural Heritage (Csich) and the Control of Indigenous Culture: a Critical Comment on Power and Indigenous Rights |
26 William and Mary Journal of Race, Gender, and Social Justice 281 (Winter, 2020) |
The Preamble of the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage (CSICH) recognizes the connection between indigenous peoples and intangible cultural heritage. The convention indicates that part of its mission is to protect the intangible cultural heritage of indigenous peoples against the processes of globalization and; Search Snippet: ...of the struggle for indigenous self-determination. [FN113] Calls for indigenous self-determination, however, should not necessarily be interpreted as a challenge to state sovereignty, in that it is possible to enable indigenous self-determination without threatening the territorial integrity of state parties... |
2020 |
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| Chief Judge Gregory D. Smith , Bailee L. Plemmons |
The Court of Indian Appeals: America's Forgotten Federal Appellate Court |
44 American Indian Law Review 211 (2020) |
C1-2Table of Contents I. Introduction. 212 II. A Short History Lesson on Tribal Courts. 214 III. The Court of Indian Offenses (What's in a Name?). 218 IV. Overview of the Court of Indian Appeals. 223 V. Comparison of the Court of Indian Appeals with Other American Federal Appellate Courts. 230 VI. Conclusion. 239; Search Snippet: ...the Department of the Interior. [FN8] The Kiowa Court of Indian Appeals explains this anomaly as follows: The Interior Department may... |
2020 |
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| Annie Rischard Davis |
The Cultural Property Conundrum: the Case for a Nationalistic Approach and Repatriation of the Moai to the Rapa Nui |
44 American Indian Law Review 333 (2020) |
There is a temple in ruin stands, Fashion'd by long forgotten hands; Two or three columns, and many a stone, Marble and granite, with grass o'ergrown! Out upon Time! It will leave no more Of things to come than the things before! Out upon Time! Who for ever will leave But enough of the past and the future to grieve O'er that which hath been, and; Search Snippet: ...of operating under this framework are retroactivity and enforcement, the treaty or convention membership of the parties, the sovereignty of indigenous groups to bring claims themselves, and the underdeveloped structures for... |
2020 |
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| Anuj C. Desai |
The Dilemma of Interstatutory Interpretation |
77 Washington and Lee Law Review 177 (Winter, 2020) |
Courts engage in interstatutory cross-referencing all the time, relying on one statute to help interpret another. Yet, neither courts nor scholars have ever had a satisfactory theory for determining when it is appropriate. Is it okay to rely on any other statute as an interpretive aid? Or, are there limits to the practice? If so, what are they? To; Search Snippet: ...2d 741, 744 (9th Cir. 1971) Federal policy toward particular Indian tribes is often manifested through a combination of general laws, special acts, treaties, and executive orders. All must be construed in pari materia... |
2020 |
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| George C. Thomas III |
The Double Jeopardy Clause and the Failure of the Common Law |
53 Texas Tech Law Review Rev. 7 (Fall, 2020) |
Failure is too strong, of course, but one does want a title that grabs the reader's attention. Inadequacy is more accurate, as this Article shall endeavor to explain, but not nearly as dramatic. The Supreme Court has, over the past 100 years, sucked the life out of the Double Jeopardy Clause. The Court's failure, in large part, is not; Search Snippet: ...states could reprosecute after a federal verdict. [FN22] The dual sovereignty doctrine was later applied to permit each state to prosecute the same offense, [FN23] to permit Indian nations to prosecute independently of the federal government, [FN24] and... |
2020 |
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| Radhika Kannan |
The Effectiveness of Environmental Laws in Preventing Transboundary Pollution from Oil Drilling in the Arctic |
45 Columbia Journal of Environmental Law 241 (2020) |
I. Introduction. 242 II. Background. 244 A. Arctic Geography. 244 B. The Arctic Environment. 246 C. The Environmental Problem of Offshore Drilling. 248 D. Current Sources of Authority. 250 1. Arctic Council. 250 2. United Nations Convention of the Law of the Sea (UNCLOS). 252 3. Espoo Convention. 253 4. International Convention on Oil Pollution; Search Snippet: ...knowledge, and a set of ethical principles for research. [FN86] Indigenous groups also pushed the passage of the Persistent Organic Pollutants (POPs) Treaty. [FN87] The POPs treaty implements control measures for the production... |
2020 |
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| Cormac M. Bloomfield |
The Endangered Species Act and Delisting Distinct Population Segments: Antithetical to the Statute or Permissible with Guidance? |
30 Duke Environmental Law and Policy Forum 317 (Spring, 2020) |
I. Introduction. 318 II. The Endangered Species Act: A Primer. 320 A. Purpose of the ESA. 320 B. How Species are Listed Under the ESA. 320 C. How the ESA Protects Listed Species. 322 D. How a Species is Delisted. 323 E. Distinct Population Segments--ESA Protections for Populations at Risk. 324 III. Grizzlies of the Lower-48. 326 A. The Grizzly Bear; Search Snippet: ...played a central role in the traditions, ceremonies, and the sovereignty of the Native people. [FN1] As European settlers spread West, the grizzly's habitat... |
2020 |
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| Michael Doran |
The Equal-protection Challenge to Federal Indian Law |
6 University of Pennsylvania Journal of Law & Public Affairs Aff. 1 (November, 2020) |
This article addresses a significant challenge to federal Indian law currently emerging in the federal courts. In 2013, the Supreme Court suggested that the Indian Child Welfare Act may be unconstitutional, and litigation on that question is now pending in the Fifth Circuit. The theory underlying the attack is that the statute distinguishes between; Search Snippet: ...counterparts. For example, section 177 of Title 25 prohibits any Indian nation or tribe of Indians from selling, granting, leasing, or otherwise conveying any land or title or claim to land, except by treaty or convention entered into pursuant to the Constitution. [FN11] In... |
2020 |
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| Donald E. McInnis , Shannon Cullen , Julia Schon |
The Evolution of Juvenile Justice from the Book of Leviticus to Parens Patriae: the next Step after in re Gault |
53 Loyola of Los Angeles Law Review 553 (Spring, 2020) |
Since the arrival of the Pilgrims, American jurisprudence has known that its law-breaking children must be treated differently than adults. How children are treated by the law raises ethical and constitutional issues. This Article questions the current approach, which applies adult due process protections to children who are unable to fully; Search Snippet: ...on January 24, 1848. [FN50] At the signing of the Treaty of Guadalupe Hidalgo, which ended the Mexican-American War on... |
2020 |
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| Julian Davis Mortenson |
The Executive Power Clause |
168 University of Pennsylvania Law Review 1269 (April, 2020) |
Article II of the Constitution vests the executive power in the President. Advocates of presidential power have long claimed that this phrase was originally understood as a term of art for the full suite of powers held by a typical eighteenth-century monarch. In its strongest form, this view yields a powerful presumption of indefeasible; Search Snippet: ...as the sole power of making war and peace--making treaties, leagues and alliances--the collection, management and expenditure of an... |
2020 |
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| Oona A. Hathaway , Curtis A. Bradley , Jack L. Goldsmith |
The Failed Transparency Regime for Executive Agreements: an Empirical and Normative Analysis |
134 Harvard Law Review 629 (December, 2020) |
C1-2CONTENTS Introduction. 632 I. The Legal Regime for Executive Agreements. 638 A. The Legality of Executive Agreements. 638 1. Sole Executive Agreement Power. 639 2. Implied Congressional Authorization to Make an Agreement. 641 3. International Agreements Consistent with Domestic Law. 643 4. Authorization in a Prior Treaty or Agreement. 644 B; Search Snippet: ...that full interchangeability of sole executive agreements with Article II treaties would be unacceptable, for it would wholly remove the check... |
2020 |
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| Robert B. Keiter |
The Greater Yellowstone Ecosystem Revisited: Law, Science, and the Pursuit of Ecosystem Management in an Iconic Landscape |
91 University of Colorado Law Review Rev. 1 (Winter, 2020) |
Thirty years ago, the Greater Yellowstone Ecosystem (GYE) concept and ecosystem management surfaced as key to preserving this legally fragmented region's public lands and wildlife in the face of mounting development pressures. Yellowstone's grizzly bears were in sharp decline and wolves were absent from the landscape, while bison and elk management; Search Snippet: ...the Montana legislature reinstated public bison hunting, [FN295] while several Native American tribes have asserted their treaty hunting rights on public lands outside the Park. Along the... |
2020 |
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| Nicholas M. Mosvick, Mitchell A. Mosvick |
The Heller-ization of Originalism: Ramos V. Louisiana and the Problem of Frozen Context |
2020 Cato Supreme Court Review 309 (2019-2020) |
In Ramos v. Louisiana, the Supreme Court rendered a series of opinions in response to Evangelisto Ramos's challenge to a Louisiana law that allowed nonunanimous jury verdicts for criminal convictions. The Court's only clear overlapping holding interpreted the Sixth Amendment to prohibit less-than-unanimous verdicts as violating the right to a; Search Snippet: ...century, either by right of conquest and driving out the natives (with what natural justice I shall not at present enquire) or by treaties. And therefore the common law of England, as such, has... |
2020 |
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| Dylan R. Hedden-Nicely |
The Historical Evolution of the Methodology for Quantifying Federal Reserved Instream Water Rights for American Indian Tribes |
50 Environmental Law 205 (Winter, 2020) |
From the earliest days of their relationship with the United States, the tribes from the region today referred to as the Northwestern United States have been steadfast in their effort to protect the land, waters, plants, and animals of their traditional homelands. That effort is not coincidental; North America's indigenous people have a singular; Search Snippet: ...Indian tribes are well documented. [FN10] Water rights reserved for Indian tribes are based upon the treaties, executive orders, congressionally ratified agreements, and other operative documents that were negotiated between the United States and each Indian Tribe for the creation of Indian reservations. [FN11] Although these documents are invariably silent regarding water... |
2020 |
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| Ilias Bantekas |
The Human Rights and Developmental Dimension of Investment Laws: from Investment Laws with Human Rights to Development-oriented Investment Laws |
31 Florida Journal of International Law 339 (Spring, 2020) |
Domestic investment laws are classified in this Article as strong, moderate, and weak in terms of their relevance for the protection of human rights and the promotion of developmental goals. This Article suggests that if human rights and development are to find a stable place in the global investment architecture, a radical departure from the; Search Snippet: ...Protection of Investments, art. XV, Cooperation and Facilitation Investment Agreement between the... |
2020 |
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| Kathleen Claussen |
The International Claims Trade |
41 Cardozo Law Review 1743 (June, 2020) |
Investments are mobile in the twenty-first century international economy. They are seldom held for their duration by a single owner from a single country. They change hands and they do so for a variety of reasons, often in the course of a dispute. But the scholarship addressing what happens when international investments and legal claims against; Search Snippet: ...model BITs of the following states: Serbia Model Bilateral Investment Treaty art. 8 (2014) |
2020 |
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| Jackson Bowker |
The Issue of Condemning State-owned Property Pursuant to the Natural Gas Act: in re Penneast |
41 Energy Law Journal 403 (2020) |
I. Introduction. 403 II. Background. 406 A. The Right of Eminent Domain Under the Natural Gas Act. 406 B. The Eleventh Amendment and Sovereign Immunity. 407 C. The PennEast Pipeline Eminent Domain Action. 409 III. Analysis. 411 A. Third Circuit Holds NGA Does Not Abrogate the Eleventh Amendment. 412 B. Third Circuit Finds Powerful Reasons to; Search Snippet: ...an attempt to avoid the high threshold of claiming Alaska's sovereignty had been abrogated with unmistakable clarity by statute, the tribes instead argued that Congress effectively delegated to the tribes the federal government's authority to sue states in federal court... |
2020 |
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| Astghik Hairapetian |
The Last Resort: Tourism Development on Garífuna Territories in Honduras Through the Lens of Structural-dynamic Intersectionality |
67 UCLA Law Review 1224 (November, 2020) |
This Comment analyzes the gaps in protection the Garífuna have experienced both in the Inter-American Court of Human Rights (IACHR) and the U.S. asylum system, taking two cases as case studies. It argues that, in the face of increasing tourism development, the Afroindigenous Garífuna community is positioned at an intersection between the structures; Search Snippet: ...Although Article 21 does not require the victims to be indigenous, Article 29(b) of the ACHR establishes the interrelation between the ACHR and other treaties to which the State is party, thus allowing reading the particular rights of indigenous peoples into the protections of Article 21. Id. ¶ 57... |
2020 |
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| Noah Kupferberg |
The Law of First Contact: Did Captain Cook Commit Crimes in Hawai'i? |
42 University of Hawaii Law Review 101 (Spring, 2020) |
In our highly interconnected world, in a time of international tension, it is helpful to consider how we got here. What happened during our first contacts with one another over the past 500 years, and what do these incidents teach us about our present and possible future relationships? This article considers perhaps the most famous of first; Search Snippet: ...be the context for discussion. Haunani-Kay Trask, From a Native Daughter: Colonialism and Sovereignty in Hawai'i 38-39 (1999). . George Gilbert, an 18... |
2020 |
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| Matthew L.M. Fletcher |
The Law of Genocide and Indigenous Peoples |
77 National Lawyers Guild Review 38 (Spring, 2020) |
Book Review: Laurelyn Whitt and Alan W. Clarke, North American Genocides: Indigenous Nations, Settler Colonialism, and International Law (Cambridge U. Press, 2019). In the mid-20th century, state governments--enabled by the United States federal government--removed 25 to 35 percent of American Indian children from their families and placed them; Search Snippet: ...would never have participated. So we'll never know. The Menominee Tribe's restoration began, not with Congress, but with the Supreme Court in 1968, which recognized that the tribe's treaty rights to hunt and fish remained. Congress did eventually restore... |
2020 |
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| Bain Attwood |
The Limits of the Law in Claiming Rights to Land in a Settler Colony: South Australia in the Early-to-mid Nineteenth Century |
38 Law and History Review 631 (November, 2020) |
In the closing decades of the twentieth century, as indigenous peoples in the United States, Canada, Australia, and New Zealand increasingly filed legal suits to regain their lands or win compensation for lands that they had lost, scholars increasingly devoted themselves to the task of explaining the ways in which European powers had laid claim to; Search Snippet: ...legal resources of various kinds in order to ensure that native rights of property in land could not be countenanced by... |
2020 |
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| Julia L. Ernst |
The Mayflower Compact: Celebrating Four Hundred Years of Influence on U.s. Democracy |
95 North Dakota Law Review Rev. 1 (2020) |
In the Name of God, Amen. We whose names are underwritten, the loyal subjects of our dread Sovereign Lord King James, by the Grace of God of Great Britain, France, and Ireland King, Defender of the Faith, etc. Having undertaken, for the Glory of God and advancement of the Christian Faith and Honour of our King and Country, a Voyage to plant the; Search Snippet: ...as an emissary between the settlers and the nearby Wampanoag tribe, led by Chief Massasoit, who entered into a peace treaty with the colonists and engaged in a relatively longstanding, mutually... |
2020 |
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| Christine Bell |
The Mending Wall |
27 Indiana Journal of Global Legal Studies 41 (Spring, 2020) |
I will begin my reaction to the book somewhat poetically, initially presenting on the one-hand, the reductionist version of Hans Lindahl's book, and then moving to discuss some of the quibbles and questions I had. Finally, the review will end with a brief reflection on how it connects to my work, which is where I see a more major challenge. I do; Search Snippet: ...the Lakota Sioux people. It reads as follows: Lakota Sioux Indian representatives declared sovereign nation status today in Washington D.C. following Monday's withdrawal from all previously signed treaties with the United States Government. The withdrawal, hand delivered to... |
2020 |
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| |
The Missing and Murder of Indigenous Women and Girls: New Policies on an Enduring Crisis |
56 Criminal Law Bulletin ART 1 (2020) |
Dr. Fox is an Associate Professor in the School of Criminology & Criminal Justice at Arizona State University. She earned a Ph.D. in Sociology and Criminology & Law from the University of Florida. She acknowledges and expresses sincere thanks to the following people who provided valuable substantive feedback on earlier manuscript drafts: Debbie; Search Snippet: ...Jurisdictional differences also impact the measurement of Indigenous victimization. Tribal sovereignty refers generally to the right of all federally-recognized Tribal Nations to self-governance, and state-recognized Tribes have self-governance from states. Sovereignty includes self-governance over... |
2020 |
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| Michelle Rourke , Sam Halabi , Gian Luca Burci , Rebecca Katz |
The Nagoya Protocol and the Legal Structure of Global Biogenomic Research |
45 Yale Journal of International Law 133 (Winter, 2020) |
I. Introduction. 134 A. Agriculture and Nutrition. 136 B. Human Health and Medicine. 138 1. HIV/AIDS. 138 2. Influenza. 140 3. Tuberculosis. 141 II. Sequencing the World: The Next Generation of International Research Collaborations for Human Health and Nutrition. 143 A. The Proliferation of Genetic Sequencing Technologies and Collaborative; Search Snippet: ...benefits. [FN129] Countries adopting legislation or regulation pursuant to the treaty ensure that access to any genetic resources within the territory... |
2020 |
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| David N. Goldman |
The Neglected History of State Prosecutions for State Crimes in Federal Courts |
52 Texas Tech Law Review 783 (Summer, 2020) |
I. Introduction. 784 II. Congress and the Text: Creation of the Officer-Removal Statutes. 787 A. Legislators' Beliefs in the Scope of Their Constitutional Power. 787 1. The Force Act--1833. 788 2. A Bill to Protect the Officers . Executing the Laws of the United States--1855. 794 3. An Act Relating to Habeas Corpus--1863. 798 4. The Force Act; Search Snippet: ...process of removal. [FN283] The United States and the Creek Tribe had entered into the Treaty of Cusseta. [FN284] This led to disagreement as to the... |
2020 |
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| Shayak Sarkar |
The New Legal World of Domestic Work |
32 Yale Journal of Law & Feminism Feminism 1 (2020) |
Domestic workers, disproportionately foreign women, have long been accorded a place in our households, but not in our law. Nearly a century ago, the New Deal and Civil Rights statutes excluded this female labor force from worker protections. More generally, migrant domestic workers around the world have often found themselves with little; Search Snippet: ...as in other federalist countries like India and Germany, national sovereignty must confront the sovereign claims of states and other subnational sovereigns (such as Native American tribes). For a discussion of how sovereignty claims affect workplace rights... |
2020 |
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| Daniel Harris |
The New Swing Votes on the U.s. Supreme Court |
114 Northwestern University Law Review Online 258 (March 20, 2020) |
Abstract--The big surprise on the U.S. Supreme Court during the October 2018 term was how often the Court's newest members disagreed with each other. In cases with at least one dissent, Justice Neil Gorsuch and Justice Brett Kavanaugh were on opposite sides 49% of the time. Frequently, one or the other joined with the Court's four Democratic; Search Snippet: ...Therefore, Justice Kavanaugh concluded, lament about the terms of the treaty negotiated by the Federal Government and the Tribe in 1855 does not support the Judiciary (as opposed to... |
2020 |
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| Lisa Merkel-Holguin , Allan Cooke , Denise Evans , Kelly L. Beck , Corresponding: lisa.merkel-holguin@ucdenver.edu |
The New Zealand Family Group Conference Confidentiality Protections: Lessons Learned and an Application in U.s. Child Welfare Systems |
58 Family Court Review 109 (January, 2020) |
With the adoption of statutes, policies and administrative guidance since the late 1980s, statutory child welfare agencies around the world have been implementing practice approaches to resolving and addressing child abuse and neglect concerns that involve extended family systems in decision making and planning. One such approach is the family; Search Snippet: ...II. A HISTORICAL PERSPECTIVE [FN10] On February 6, 1840 a treaty was signed between representatives of the British Crown and rangatira (chiefs) of the indigenous people of Aotearoa Mori. A partnership relationship was created through... |
2020 |
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| Spencer Weber Waller |
The Omega Man or the Isolation of U.s. Antitrust Law |
52 Connecticut Law Review 123 (April, 2020) |
There is a classic science fiction novel and film that present a metaphor for the isolation of United States antitrust law in the current global context. Richard Mathiesson's 1954 classic science fiction novel, I am Legend, and the later 1971 film released under the name of The Omega Man starring Charleton Heston, both deal with the fate of Robert; Search Snippet: ...1943) . Susan Beth Farmer, Altering the Balance Between State Sovereignty and Competition: The Impact of Seminole Tribe on the Antitrust State Action Immunity Doctrine , 23 Ohio N.U... |
2020 |
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| Claudia Iseli |
The Operationalization of the Principle of Free, Prior and Informed Consent: a Duty to Obtain Consent or Simply a Duty to Consult? |
38 UCLA Journal of Environmental Law & Policy 259 (2020) |
The principle of free, prior and informed consent (FPIC) was introduced as a way of safeguarding indigenous peoples' right to self-determination and their right to freely determine their own economic, social and cultural development. This Article explores how FPIC has been operationalized in the context of natural resource extraction on indigenous; Search Snippet: ...of Free, Prior and Informed Consent in Law 263 A. Treaty Law: Indigenous and Tribal Peoples Convention (No. 169) 263 B. Soft Law... |
2020 |
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| Wesley James Furlong |
The Other Non-renewable Resource: Cultural Resource Protection in a Changing Energy Future |
42 Public Land & Resources Law Review Rev. 1 (2020) |
Our way of life is based on our relationship to the land. We must care for and respect the land and animals given to us by the Creator. --First Chief Galen Gilbert I. America First, Native America Last. 1 II. Protecting Tribal Cultural Resources. 2 III. Trump's War On Indian Country. 6 IV. The Grass Is Not Always Greener. 10 V. Conclusion. 13; Search Snippet: ...a fiduciary duty. [FN32] Beyond statutory, administrative, and executive law, treaty rights may also impose a trust obligation on the federal... |
2020 |
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| Elizabeth Thornberry |
The Problem of African Girlhood: Raising the Age of Consent in the Cape of Good Hope, 1893-1905 |
38 Law and History Review 219 (February, 2020) |
In 1893, the Cape of Good Hope passed the Criminal Law Amendment Act, which raised the age of consent from 12 to 14 years. More precisely, it criminalized penetrative sex with a girl 12 or 13 years of age who was not a prostitute, or with a female idiot or imbecile, and introduced new provisions to punish the forcible detention of women in; Search Snippet: ...Cape Town: Cape Times Ltd., 1905), 5 . Philippa Levine, Sovereignty and Sexuality: Transnational Perspectives on Colonial Age of Consent Legislation, in Beyond Sovereignty: Britain, Empire and Transnationalism, c. 1880-1950 , ed. Kevin Grant... |
2020 |
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| Elijah T. Staggers |
The Racialization of Crimes Involving Moral Turpitude |
12 Georgetown Journal of Law & Modern Critical Race Perspectives 17 (Spring, 2020) |
C1-2Table of Contents Introduction. 18 I. Defining the Phrase Crime Involving Moral Turpitude. 20 A. The Original White Supremacist Trope of Race-Based Morality: The Negro Rascal. 20 B. Presumptions of Race-Based Morality in the Immigration Act of 1917. 23 1. Race-Based Morality Shifted During the Progressive Era to Target Non-Anglo-Saxon; Search Snippet: ...to the United States, the government refused to grant political sovereignty to the islands and initially balked even at incorporating the native inhabitants as citizens. This is consistent with the strategy of... |
2020 |
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| Yuri Mantilla |
The Rights of Indigenous Peoples of the Andean Region, International Law, and Global Economic Integration |
43 Suffolk Transnational Law Review 39 (Winter, 2020) |
Regarding the indigenous population of Latin America, the World Bank indicates: According to the last round of censuses available, in 2010 there were about 42 million indigenous people in Latin America, representing nearly 7.8 percent of the total population. Mexico, Peru, Guatemala, and Bolivia had the largest indigenous populations both in; Search Snippet: ...Based on these ideas, he reached the conclusion that the sovereignty of indigenous nations should be respected. As an eyewitness of the Spanish... |
2020 |
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| Sean Frazzette |
The Scope of Tribal Immunity in Real Property Disputes |
87 University of Chicago Law Review 1605 (September, 2020) |
Native American tribes are sovereign nations with some degree of sovereign immunity. The exact contours of that immunity are often in flux. While the Supreme Court has established the confines of tribal immunity in cases involving torts, taxation, and contracts, it has avoided determining the doctrine's application to cases involving real property; Search Snippet: ...actions against tribal land. By analyzing the history of tribal sovereignty, land ownership, and immunity from suit, this Comment argues that absent explicit congressional action, tribes can claim sovereign immunity in suits involving any form of... |
2020 |
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| Jonathan K. Van Patten |
The Trial of Breaker Morant |
65 South Dakota Law Review 104 (2020) |
A political trial offers an instructive window into law and politics. Any trial, of course, has important consequences for the parties. There are some trials, however, that transcend the particulars and serve as interpretive moments. A trial may have started as a simple dispute between the participants, but, it may also serve to reveal deeper; Search Snippet: ...1:39:27. See, e.g. Frank Pommersheim, Broken Landscape: Indians, Indian Tribes, and the Constitution 4 (2009) ( [The Supreme Court] consistently approved... |
2020 |
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| Samuel Briese |
The United States Supreme Court Making Unnecessary Fixes in Franchise Tax Board of California V. Hyatt |
65 South Dakota Law Review 371 (2020) |
Stare decisis plays a crucial role in our judicial system. In fact, it is a necessity since it is unrealistic to expect each case to be judged without guidance from previous holdings. The doctrine establishes what the law is and provides a framework that judges, lawyers, and the public can rely on to make critical legal choices. In 1979, the United; Search Snippet: ...in a similar fashion to the dissent's position in Seminole Tribe , disagreed with the assertion that immunity from suit was a fundamental aspect of sovereignty that states used before ratification and accepted by our Founders... |
2020 |
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| Grant Christensen |
The Wrongful Death of an Indian: a Tribe's Right to Object to the Death Penalty |
68 UCLA Law Review Discourse 404 (2020) |
This Essay responds to the execution of Lezmond Mitchell, the only American Indian on federal death row. The execution was carried out on August 26, 2020 over the objection of both members of the victims' family and the Navajo Nation. This Essay takes the clear position that because the Federal Death Penalty Act of 1994 requires tribal consent to; Search Snippet: ...words about the importance of federal judicial deference to tribal sovereignty: While this court's jurisprudence indeed gives the federal government the... |
2020 |
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| K-Sue Park |
This Land Is Not Our Land |
87 University of Chicago Law Review 1977 (October, 2020) |
The story of our relationship to the earth is written more truthfully on the land than on the page. It lasts there. The land remembers what we said and what we did. -Robin Wall Kimmerer, Braiding Sweetgrass 341 (Milkweed 2013) The land and the wealth that began in it still carry the shape of history .. The land remembers. But what do we remember; Search Snippet: ...lands. [FN73] Observing that a state of near erasure of Native Nations and indigenous peoples prevails in canonical constitutional texts, she added that examining the history of US interaction with Native Nations, beyond simple inclusion in the canon, could contribute to... |
2020 |
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| Elizabeth Hampton |
Thus in the Beginning All the World Was America: the Effects of Anti-protest Legislation and an American Conquest Culture in Native Sacred Sites Cases |
44 American Indian Law Review 289 (2020) |
The United States remains the global leader for energy and raw materials pipeline networks, maintaining over 2.6 million miles of liquid, gas transmission, and gas distribution pipelines. Though economically lucrative, the industry is not without controversy. Since time immemorial, the energy sector has received harsh criticism for the; Search Snippet: ...Tribe filed suit to reverse the pipeline's approval. [FN54] The Tribe's Complaint cited the Fort Laramie Treaty as support. [FN55] The Treaty affords the Sioux Nation absolute and undisturbed use and occupation... |
2020 |
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| Barbara Stark |
Toward a Theory of Intercountry Human Rights: Global Capitalism and the Rise and Fall of Intercountry Adoption |
95 Indiana Law Journal 1365 (Fall, 2020) |
C1-2Contents Introduction. 1366 I. How the Cold War Shaped Human Rights. 1369 A. The Difference Between American and International Human Rights. 1369 B. How the American Version of Human Rights Promoted Intercountry Adoption. 1371 1. The Indian Adoption Project. 1374 2. Placing Black Children with White Families. 1376 3. Intercountry Adoption; Search Snippet: ...24, 2017). . Native American holdings shrank from 138 million acres of treaty land in 1887 to 48 million acres in 1934, 20... |
2020 |
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| Ilja Richard Pavone |
Towards an Eu Animal Welfare Law: the Case of Animal Testing and the Limits of New Welfarism |
16 Animal & Natural Resource Law Review 193 (May, 2020) |
Nowadays, the mass slaughter of animals is on the rise for several reasons. Animals are mainly exploited for food, (following the logic that they must feed all 7.5 billion of humans), kept in poor conditions in factory farming, and slaughtered for futile reasons, such as luxury foods (the cruel practices of shark finning and foie gras), recreation; Search Snippet: ...of violence, and are therefore afforded special protection. Human rights treaties consider vulnerable persons or vulnerable groups: women, children and elderly persons, disabled persons, minorities, migrant workers, internally displaced people, indigenous people, lesbian, gay and transgender people. See Jane Johnson... |
2020 |
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| Kyle Fields |
Traditions and Customs in Tribal Court |
56-AUG Arizona Attorney 62 (July/August, 2020) |
As a tribal judge, I've received many questions about how traditions and customs apply in tribal court, or specifically how they should apply in tribal court. In researching the issue, two extremes emerged. On one extreme, traditions and customs are the foundation of tribal law, and courts should extensively use them. On the other extreme,; Search Snippet: ...Incorporated Into the Law Well, it depends on the tribe. Tribes may specifically incorporate their traditions and customs in various sources... |
2020 |
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| Adam Crepelle |
Tribal Courts, the Violence Against Women Act, and Supplemental Jurisdiction: Expanding Tribal Court Jurisdiction to Improve Public Safety in Indian Country |
81 Montana Law Review 59 (Winter, 2020) |
In Indian country, non-Indians are essentially above the law. Non-Indians cannot be prosecuted by Indian tribes; consequently, the United States Commission on Civil Rights has declared that Indians have become easy crime targets. In particular, Indian women have become prime victims for non-Indian sexual predators. Rape rates skyrocket when non-; Search Snippet: ...The United States definitively recognized tribal criminal jurisdiction over non- Indians in early treaties with tribes, [FN40] but the United States also acquired some jurisdiction over crimes committed in Indian territory when a United States citizen was the victim. [FN41... |
2020 |
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| Adam C. Crepelle |
Tribal Recognition, Consultation, and Lessons from the First Climate Relocation |
34-WTR Natural Resources & Environment 13 (Winter, 2020) |
News outlets across the United States flocked to the Isle de Jean Charles (IDJC), Louisiana, in 2016 and declared the island's inhabitants the United States' first climate refugees. Located along Louisiana's coast, the IDJC is a textbook case on the impact of rising seas and coastal erosion. The IDJC had a land mass of over 22,000 acres in 1955; Search Snippet: ...to respect tribal sovereignty. The GAO report notes that Alaska Native Corporations, which hold and exercise some sovereignty over millions of acres of land, are often excluded from... |
2020 |
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