| Author | Title | Citation | Summary | Year | Key Terms |
| Susan Lea Smith , Darlene Sanderson |
TRANSFORMING WATER: THE EMERGING PARADIGM OF WATER JUSTICE ETHICS |
55 Environmental Law 303 (Spring, 2025) |
This Essay calls for a critical transformation in humanity's relationship with water, shifting away from the dominant western paradigm of sustainable integrated water resources management (IWRM) to water justice ethics, a life-affirming ethical relationship with water. The sustainable IWRM paradigm is superior to earlier twentieth century versions... |
2025 |
|
| Michael C. Blumm |
TREATY JUSTICE: CHARLES WILKINSON'S HOMAGE TO THE BOLDT DECISION |
48 Public Land & Resources Law Review 172 (2025) |
Charles Wilkinson, a beloved teacher, author, and advisor, gave his readers perhaps his most personal gift in Treaty Justice: The Northwest Tribes, the Boldt Decision, and the Recognition of Fishing Rights (U. Washington Press, 2024). Wilkinson finished the manuscript just a week before his unexpected death, at age 81, in 2023. The book is a blend... |
2025 |
|
| Ivy K. Chase |
TRIBAL AUTHORITY TO ISSUE SEARCH WARRANTS TO NON-TRIBAL ENTITIES OR ON NON-INDIAN LAND WITHIN RESERVATION BOUNDARIES |
49 American Indian Law Review 15 (2025) |
At a U.S. Senate hearing for the Committee on Indian Affairs in 2010, Sen. Jon Tester said, We have had many, many hearings in this Committee about public safety and the crime rate and what is going on in Indian Country. All of it is very distressing. Communities within Indian Country face some of the most dangerous living conditions in the... |
2025 |
|
| Grant Christensen |
TRIBAL COURTS ARE COURTS OF GENERAL JURISDICTION |
77 Florida Law Review 679 (March, 2025) |
Twenty years ago, the Supreme Court misread its precedents and took a shortcut to do what was simpler instead of what was right. It determined, without examining the origins of tribal judicial power, that tribal courts are not courts of general jurisdiction. Writing for the majority in Nevada v. Hicks, Justice Antonin Scalia concluded that in... |
2025 |
|
| Angela R. Riley |
TRIBAL LAW INNOVATIONS IN NATIVE GOVERNANCE |
71 UCLA Law Review 1742 (July, 2025) |
This Article examines how tribal law has become a critical tool in advancing Native self-determination and good governance across Indian country. I analyze three key areas of innovation: the incorporation of the United Nations Declaration on the Rights of Indigenous Peoples into tribal legal systems, the rapid expansion of tribal laws protecting... |
2025 |
|
| Nicholas J. Stamates |
TRIBAL LEGAL LICENSING OF ATTORNEYS, HOUSE COUNSEL STATUS, AND THE OPPORTUNITY TO REDEFINE THE JD PREFERRED POSITION AND THE ENTIRE LAWYER ECOSYSTEM |
30 Michigan Journal of Race and Law 103 (Spring, 2025) |
The recognized right of Indian Tribes to license has been a known reality dating back to the Supreme Court's ruling in Worcester v. Georgia, 31 U.S. 515 (1832) where state law was found inapplicable on the lands of the Cherokee. However, the modern implications of tribal licensing and regulation have only just begun to be explored in the context of... |
2025 |
|
| Alexander Mallory |
TRIBAL PROGRAMS REMAIN INTACT DESPITE DEI EXECUTIVE ORDERS |
61-AUG Arizona Attorney 40 (July/August, 2025) |
This article summarizes President Trump's recent executive orders on Diversity, Equity and Inclusion (DEI) and explains why those orders do not affect tribal programs. It provides an overview of the executive orders, discusses the distinct legal status of tribal programs, and offers recommendations to Indian law practitioners on how to ensure... |
2025 |
|
| Declan Smith |
TRIBAL RECOGNITION AND RHODE ISLAND: TOWARDS A RECOGNITION PROCESS FOR THE OCEAN STATE |
30 Roger Williams University Law Review 620 (Summer, 2025) |
For decades, Indian tribes unrecognized by the federal government have sought to establish government-to-government relationships with states across the country. In the wake of these efforts, and often undeniable political realities, nearly half of these states have since adopted procedures for tribal recognition or formalized older methods of... |
2025 |
|
| Lauren van Schilfgaarde |
TRIBAL REVESTITURE |
77 Stanford Law Review Online 183 (June, 2025) |
Tribes have a precarious political posture in relation to the United States. Tribes are distinctly sovereign and extra-constitutional, but are also without meaningful external infrastructure to define and protect their legal status in relation to the United States. That is, the U.S. recognizes Tribes as domestic dependent nations, but can, at any... |
2025 |
|
| Paul Baumgardner |
TRIBES IN THE TEXT: HOW STATE CONSTITUTIONS STRUCTURE GOVERNMENTAL RELATIONSHIPS WITH NATIVE TRIBES |
70 South Dakota Law Review 487 (2025) |
Although there has been a flurry of recent court cases that acknowledge the important role of state governments in tribal affairs, relatively little scholarly attention has been given to how American states actually relate to Native individuals, communities, or institutions. One way to begin outlining the nature of modern state-tribal relationships... |
2025 |
|
| Emmanuel Hiram Arnaud |
U.S. TERRITORIES AND THE CRIMINAL LAW CURRICULUM |
54 Stetson Law Review 341 (Spring, 2025) |
The five unincorporated territories of the United States live in the deep recesses of the American psyche. Absent a cyber-attack, natural disaster, or economic meltdown, the millions of Americans in the territories are typically overlooked, sentenced to live like a disembodied shade, in an intermediate state of ambiguous existence. Indeed, the... |
2025 |
|
| Sanford Levinson , Robert L. Tsai |
UNDER WHAT CIRCUMSTANCES IS "CASTE" LIKELY TO BE USEFUL AS AN ANALYTIC CONCEPT (AND SHOULD WE CARE)? |
85 Maryland Law Review 282 (2025) |
Introduction. 282 I. Caste Enters the Contemporary Lexicon. 283 II. India and Caste. 285 III. Differences Between India and the United States. 288 IV. Immigration and Diversity. 290 V. Contemporary Utility? Obscuring or Reproducing Inequality. 292 Conclusion. 299 |
2025 |
|
| Dr. Cynthia Swann |
UNEQUAL GROUND: RURAL AMERICA'S LEGACY OF ENVIRONMENTAL RACISM AND EXPLOITATION |
51 Human Rights 49 (October, 2025) |
Environmental justice--the principle that all communities deserve equal protection from environmental harm regardless of race, income, or geography-- has too often been framed through an urban lens. Across America, from Appalachia and the Southeast to industrial and agricultural heartlands, and into the Pacific and Northern territories, rural... |
2025 |
|
| Eric Kuhn , Katherine H. Tara , John Fleck |
UNFINISHED BUSINESS: TWENTY-FIRST CENTURY QUESTIONS POSED BY AMBIGUITIES IN THE UPPER COLORADO RIVER BASIN COMPACT AND THE LAW OF THE RIVER |
55 New Mexico Law Review 417 (Summer, 2025) |
The Law of the River, particularly those components relating to Upper Colorado River water allocation, usage, and measurement, is rife with ambiguities and uncertainties. In the twenty-first century, facing a future with less water, these ambiguities pose serious problems. The ongoing process for the development of the Post-2026 Colorado River... |
2025 |
|
| Nina-Simone Edwards |
UNVEILING THE ENVIRONMENTAL IMPACT OF LARGE LANGUAGE MODELS ON INDIGENOUS COMMUNITIES: A CALL FOR ACTION AND LIABILITY |
38 Tulane Environmental Law Journal 1 (Winter, 2025) |
Large Language Models (LLMs) have rapidly gained popularity for their language generation and comprehension capabilities, promising increased efficiency in various sectors. However, while celebrated for their transformative potential, LLMs exacerbate current climate issues. This Article highlights the detrimental environmental footprint of LLMs,... |
2025 |
|
| John P. LaVelle |
USES AND ABUSES OF JOHNSON v. M'INTOSH IN NATIVE AMERICAN LAND RIGHTS CASES: INVESTIGATIVE INSIGHTS FROM THE INDIAN LAW JUSTICE FILES |
86 Montana Law Review 281 (Summer, 2025) |
The 200th anniversary of the foundational Indian law decision Johnson v. M'Intosh has come and gone, with many scholars contributing criticism and commentary. The dominant focus has been the case's notorious embrace of the so-called doctrine of discovery, an odious theory for rationalizing European nations' claims of superior rights to lands... |
2025 |
|
| Brockton D. Hunter |
VETERANS, VIOLENT EXTREMISM, AND INVOLVEMENT IN THE CRIMINAL JUSTICE SYSTEM: HISTORICAL PATTERNS, CAUSAL FACTORS, AND INTERVENTION OPPORTUNITIES |
21 University of Saint Thomas Law Journal 10 (Winter, 2025) |
This article is dedicated in the memory of Dr. Evan R. Seamone, a warrior, scholar, and tireless advocate for his fellow veterans. In May and June of 2020, in the wake of the murder of George Floyd by a Minneapolis police officer--and the protests and riots that followed--members of the Boogaloo Movement, an anti-government extremist group--many of... |
2025 |
|
| Liliana E. Popa |
WALKING THE LINE OF LEGITIMATE INTERPRETATION: THE INTER-AMERICAN COURT OF HUMAN RIGHTS' HOLISTIC APPROACH TO ITS LEX SPECIALIS |
33 Tulane Journal of International and Comparative Law 147 (Winter, 2025) |
In this Article, I examine the main arguments advanced by a vocal chorus of state actors and legal scholars who question the interpretative legitimacy and, as a result, criticize the authority of one of the most successful international human rights courts, the Inter-American Court of Human Rights, to read and interpret the American Convention on... |
2025 |
|
| Nsongurua Udombana |
WHAT DOES IT MEAN TO BE HUMAN? INTERROGATING THE ETHICS OF HUMAN RIGHTS |
20 Intercultural Human Rights Law Review 1 (2025) |
Human rights are duty-imposing entitlements that humans possess based on their humanity. Drawing on a broad epistemology--philosophy, theology, law, sociology, literature, and history--this paper explores the essence of this humanity and the ethics that ground human rights. It examines the ethics of natural law as the basis for universal human... |
2025 |
|
| Hugh Spitzer |
WHAT'S IMPORTANT TO WRITE ABOUT? A CENTURY OF WASHINGTON LAW REVIEW TOPICS |
100 Washington Law Review 1 (March, 2025) |
Abstract: This Article examines the topics of all lead articles in Washington Law Review during its past ninety-eight years of publication. The analysis illustrates the changing interests of legal academics, student editors, and the working lawyers and judges who have read and used the articles over a century. For its first fifty years, the journal... |
2025 |
|
| Jennifer L. Herbst |
WHOSE "BEST INTERESTS"? CONCERNS ABOUT THE USE OF FIDUCIARY FRAMING IN LONG-TERM CARE DECISIONS |
18 Saint Louis University Journal of Health Law & Policy 303 (2025) |
As part of reimagining America's long-term care system, this article will explain how today's system is, in many ways, the logical extension of historical presumptions that are foundational to our understanding of family, medical, and organizational governance as fiduciary in nature. More specifically, much of our current language (operating in... |
2025 |
|
| Gregory Ablavsky |
WHY WE SHOULD STOP SAYING "THE FOUNDERS" |
173 University of Pennsylvania Law Review 2013 (June, 2025) |
Introduction. 2013 I. The History of The Founders. 2015 II. What's Wrong with The Founders?. 2017 A. Vagueness. 2018 B. Uniformity. 2021 C. Filiopietism. 2023 D. History as Biography. 2026 E. Exclusion. 2028 III. What Should We Use Instead?. 2032 Conclusion. 2035 |
2025 |
|
| Bryna Godar |
WISCONSIN SUPREME COURT: 2024-25 TERM REVIEW AND 2025-26 PREVIEW |
98-SEP Wisconsin Lawyer 8 (September, 2025) |
The 2024-25 Wisconsin Supreme Court term wrapped up with a series of high-profile decisions, including on abortion, administrative rulemaking, and the governor's partial veto power. This article summarizes some of the court's most notable 2024-25 rulings, including several that implicate democracy and state constitutional law. The 2024-25 Wisconsin... |
2025 |
|
| Rangita de Silva de Alwis, Penn Law School |
WOMEN'S PROPERTY RIGHTS UNDER CEDAW. BY JOSÉ E. ALVAREZ AND JUDITH BAUDER. OXFORD, UK: OXFORD UNIVERSITY PRESS, 2024. PP. XXI, 432. INDEX |
119 American Journal of International Law 205 (January, 2025) |
Property is a source not only of economic power but also of social, political, and cultural power. The right to property, therefore, lies at the heart of gender inequality, and in turn, women's equal rights to property provoke some of the most heated battles on property ownership. As human rights lawyer Jacqueline Asiimwe writes, Owning land... |
2025 |
|
| Eliza Faye Lafferty |
"CONTROL WITHOUT THE COSTS OF CONQUEST": REIMAGINING U.S. MILITARY BASES IN THE PHILIPPINES |
55 Georgetown Journal of International Law 305 (Winter, 2024) |
Since 1898, the United States has sought to exercise control over the Philippines, originally through conquest and overt imperial rule. Though the United States formally recognized Philippine independence in 1946, it has not relinquished its functional sites of control over the archipelago. While the Philippines acceded to SOVEREIGN recognition as... |
2024 |
Yes |
| Collin Studer |
"THE GOVERNMENT IS LIABLE": WAIVING THE FEDERAL GOVERNMENT'S SOVEREIGN IMMUNITY THROUGH THE FAIR CREDIT REPORTING ACT |
72 University of Kansas Law Review 513 (March, 2024) |
During the COVID-19 pandemic, Congress granted student-loan borrowers a six-month pause on their required payments. This pause no doubt came as a relief to millions of student-loan borrowers who felt the financial pressure of the pandemic. But those same borrowers likely did not anticipate how the pause--and subsequent delayed payments--would... |
2024 |
Yes |
| Lauren van Schilfgaarde |
(UN)VANISHING THE TRIBE |
66 Arizona Law Review 409 (Summer, 2024) |
The U.S. Supreme Court has revived century-old rhetoric that frames Tribal SOVEREIGNty as vanishing. The logic in this reasoning is often cloaked behind concerns for states' equal footing and interests. But once the veneer is removed, the Court's reliance upon what I term the vanishing Tribe trope reveals a lawless foundation and ultimately harms... |
2024 |
Yes |
| Stone Allen Washington |
130 YEARS OF SUBSTANTIVE DUE PROCESS (1810-1937): THE PREMATURE DEMISE OF NATURAL LAW JURISPRUDENCE AND THE LIBERTY OF CONTRACT--HOW THE LOCHNER ERA COULD HAVE SURVIVED THE NEW DEAL |
63 Washburn Law Journal 369 (Spring, 2024) |
YesNatural Law is an essential element of America's Constitutional-based legal system. Many of the Founding Fathers, most notably James Wilson, vigorously championed the necessity of preserving Natural Law doctrines. In many ways, Natural Law provides a moral foundation to the Constitution and a justification for the basic human rights it was created... |
2024 |
Yes |
| Sarah Szwak |
A "PERSON"AL CALL TO CONGRESS: AN EXAMINATION OF GOVERNMENTAL IMMUNITY IN THE FAIR CREDIT REPORTING ACT POST-KIRTZ |
85 Louisiana Law Review 245 (Fall, 2024) |
C1-3Table of Contents Introduction. 246 I. The Doctrine of SOVEREIGN Immunity. 253 II. The Historical Need and Enactment of the FCRA. 255 A. What is the consumer credit reporting industry?. 255 B. Historical Need for Federal Legislation Regulating the Consumer Credit Reporting Industry. 256 C. The Definition of Person and the Enforcement... |
2024 |
Yes |
| Cody T. Preston |
A BATTLE AMONG SOVEREIGNS: PARTNERING FEDERAL EXHAUSTION AND INFRINGEMENT PRINCIPLES TO SAFEGUARD TRIBAL COURT JURISDICTION OVER LABOR AND EMPLOYMENT DISPUTES |
77 Arkansas Law Review 607 (2024) |
The judicial systems of the three SOVEREIGNs--the Indian tribes, the Federal government, and the States--have much to teach one another. While each system will develop along different lines, each can take the best from the others. Just as a single courageous State may, if its citizens choose, serve as a laboratory . for the development of laws,... |
2024 |
Yes |
| Jack Jeffrey, Erik Gordon |
ALASKA'S ARM-OF-THE-TRIBE JURISPRUDENCE: ITO v. COPPER RIVER NATIVE ASSOCIATION AND ITS CONTRIBUTION TO A MORE UNIFORM SYSTEM OF JUSTICE IN AMERICA |
41 Alaska Law Review 267 (December, 2024) |
The Alaska Supreme Court recently overhauled its approach to arm-of-the-tribe SOVEREIGN immunity in Ito v. Copper River Native Association. The Court no longer utilizes financial insularity as a dispositive inquiry; instead, the Court has adopted a five-factor test that takes into account (1) the purpose of the entity's creation, (2) the method of... |
2024 |
Yes |
| Julie Cavanaugh-Bill, PRESIDENT, STATE BAR OF NEVADA |
AN INTRODUCTION TO NEVADA'S TRIBES AND THE DYNAMICS OF TRIBAL LAW |
32-FEB Nevada Lawyer 4 (February, 2024) |
This issue of Nevada Lawyer explores the makeup of tribal law across the state of Nevada, touches briefly on federal Indian law - in particular the Indian Child Welfare Act and tribal SOVEREIGNty - and hopefully introduces many of you to the amazing cultural and historical backdrop of the lands we now call Nevada. These topics are very near and... |
2024 |
Yes |
| Carrie Field, Sarah Price, A.C. Locklear |
BARRIERS AND OPPORTUNITIES FOR TRIBAL ACCESS TO PUBLIC HEALTH DATA TO ADVANCE HEALTH EQUITY |
52 Journal of Law, Medicine & Ethics 39 (Spring, 2024) |
Keywords: Tribal SOVEREIGNty, Public Health Authority, American Indian and Alaskan Native Health, Data Sharing, Electronic Case Reporting Abstract: Public health authorities (PHAs), including Tribal nations, have the right and responsibility to protect and promote the health of their citizens. Although Tribal nations have the same need and legal... |
2024 |
Yes |
| Smita Narula |
BEYOND REFORM: FOOD SOVEREIGNTY AND THE FUTURE OF GLOBAL FOOD SYSTEMS |
31 Indiana Journal of Global Legal Studies 141 (Summer, 2024) |
We live in a deeply destructive food system, and the need for alternatives is clear. Yet state and corporate actors, beholden to an extractive, industrial model of food production, continue to push for incremental reforms instead of transformative action. In response, food SOVEREIGNty movements are charting a normative path in international human... |
2024 |
Yes |
| Salomé A. Rivera |
BEYOND STATUTORY TANGO: NATIVE AMERICAN TRIBES' ACCESS TO BANKRUPTCY RELIEF AFTER LAC DU FLAMBEAU |
99 Tulane Law Review 397 (December, 2024) |
I. Introduction. 398 II. Unpacking Uncertainty: Tribal SOVEREIGN Immunity in Bankruptcy Proceedings. 401 A. The Impact of Federal Legislation on Native American Economic Development. 401 B. State and Tribal SOVEREIGN Immunity: Are They the Same?. 403 C. The Code's Uncertain Treatment of Native American Tribes Requires State Intervention. 407 III.... |
2024 |
Yes |
| Valentina Vadi |
BRIDGING THE GAP: PUBLIC HEALTH IN INTERNATIONAL INVESTMENT AGREEMENTS |
57 International Lawyer 449 (2024) |
Does public health play a significant role in contemporary international investment law? While public health is a core element of state SOVEREIGNty, economic globalization can both enhance and challenge global health governance. On the one hand, the increase in global trade and Foreign Direct Investment (hereinafter FDI) can foster the... |
2024 |
Yes |
| Adam Crepelle |
CAN TRIBES GET A RECEIPT?: SEEKING TRANSPARENCY FOR STATE SPENDING OF TRIBAL TAX DOLLARS |
66 Arizona Law Review 977 (Winter 2024) |
Each year states collect hundreds of millions of dollars in tax revenue from Indian country. While tribes view state taxation as an infringement upon their SOVEREIGNty, state taxation presents another issue. That is, states take the tribal tax dollars and spend the money outside of Indian country. Meanwhile, Indian country's infrastructure is... |
2024 |
Yes |
| Angela R. Riley, Suzette Malveaux |
CHIEF JUSTICE ANGELA R. RILEY AND PROFESSOR SUZETTE MALVEAUX IN CONVERSATION AT THE ELEVENTH ANNUAL JOHN PAUL STEVENS LECTURE: THE THIRD SOVEREIGN: TRIBAL COURTS AND INDIAN COUNTRY JUSTICE |
59 Harvard Civil Rights-Civil Liberties Law Review 1 (Spring, 2024) |
The Byron R. White Center for the Study of American Constitutional Law at the University of Colorado-Boulder's Law School is a premier research and programming institution aiming to facilitate informed and engaged scholarship and dialogue on constitutional law. As part of this effort, it hosts the annual John Paul Stevens Lecture, named after the... |
2024 |
Yes |
| Shana R. Herman |
CONSERVATION CO-GOVERNANCE AS A CURE: INVESTIGATING AOTEAROA NEW ZEALAND'S CONSERVATION CO-GOVERNANCE MODEL AS A BLUEPRINT FOR RESTORING NAVAJO SOVEREIGNTY IN MANAGING CANYON DE CHELLY |
35 Villanova Environmental Law Journal 205 (2024) |
As a result of colonization, Indigenous Peoples, globally, have historically been excluded from managing their ancestral lands and the resources they supply. This exclusion infringes on tribal SOVEREIGNty and violates treaty rights. Recently, co-management schemes have emerged in the United States in an effort to restore tribal power in managing... |
2024 |
Yes |
| R. Denisse Córdova Montes, Heather Retberg, Photini Kamvisseli Suarez |
CONSTITUTIONALIZING THE HUMAN RIGHT TO FOOD IN MAINE: A PEOPLE'S TOOL TO ADVANCE FOOD SOVEREIGNTY IN THE UNITED STATES |
76 Maine Law Review 229 (June, 2024) |
Abstract Introduction I. The Road to Constitutionalizing the Right to Food in Maine A. The Food Safety Modernization Act and Downward Pressure on Maine's Local Food System B. Local Participation of Farmers in Food System Legal Structures and the Birth of the Food SOVEREIGNty Movement in Maine C. Connecting Locally and Globally to Strengthen the... |
2024 |
Yes |
| Hanna Woods |
DENEZPI v. UNITED STATES: TRIBAL SELF-DETERMINATION, SAFETY, AND THE NECESSARY ROLE OF THE DUAL-SOVEREIGNTY DOCTRINE |
101 Denver Law Review Forum 1 (3/21/2024) |
The Double Jeopardy Clause (Clause) of the Fifth Amendment guarantees that no person will be prosecuted twice for the same offense. The dual-SOVEREIGNty doctrine, however, operates as a significant carveout to this protection. The doctrine provides that successive prosecutions for a single act do not implicate the Clause, so long as the laws... |
2024 |
Yes |
| W. Gregory Guedel, Ph.D., J.D. , Philip H. Viles, Jr., J.D., M.B.A., M.L.I.S. |
ENERGY SOVEREIGNTY FOR NATIVE AMERICAN NATIONS: THE MODEL TRIBAL ENERGY CODE |
59 Tulsa Law Review 67 (Winter, 2024) |
I. Introduction. 68 II. Historical Overview of Federal Energy Management on Tribal Lands. 68 A. The Legal Relationship Between Federal Agencies and Tribal Governments. 68 B. Historical Performance Issues with Federal Management of Tribal Resources. 70 C. Inspector General's Findings on Federal Energy Management on Tribal Lands. 71 D. A Clear and... |
2024 |
Yes |
| Vaughan Carter , Charlotte Ku , Andrew P. Morriss |
EVOLVING SOVEREIGNTY RELATIONSHIPS BETWEEN AFFILIATED JURISDICTIONS: LESSONS FOR NATIVE AMERICAN JURISDICTIONS |
40 Arizona Journal of International and Comparative Law 411 (2024) |
C1-2Table of Contents I. Introduction. 412 II. Sharing SOVEREIGNty. 416 A. Evolutionary Relationships. 418 C. Interwoven Governance. 426 D. Dimensions of SOVEREIGNty Dialogues. 428 III. Micro-SOVEREIGN Case Studies. 428 A. Jurisdictions Connected to the United Kingdom. 431 1. Bermuda. 433 2. Cayman Islands. 435... |
2024 |
Yes |
| Jessica De Los Santos |
EXECUTIVE INACTION, STATE SOVEREIGNTY & AUTHORITY, AND THE PURSUIT OF ENFORCEMENT ALONG A BURNING SOUTHERN BORDER |
48 Thurgood Marshall Law Review 239 (Spring, 2024) |
In the ongoing U.S-Mexico border crisis, new issues emerge through the deterioration of our national security and the transportation of undocumented migrants to refugee cities in notably democrat-led states. Cities that have never felt the pressure of supporting an influx of thousands of immigrants a day are now familiar with the difficulties... |
2024 |
Yes |
| Kekek Jason Stark |
EXERCISING THE RIGHT OF SELF-RULE: TRIBAL CONSTITUTIONAL LAW AND CUSTOMARY LAW |
51 Mitchell Hamline Law Review 94 (December, 2024) |
C1-2Table of Contents Introduction. 95 I. Doctrines of Tribal SOVEREIGNty and Tribal Self-Government. 97 II. Indigenous Customary Law. 101 III. Indigenous Governance. 108 IV. The Establishment of Modern (IRA) Tribal Constitutions. 114 A. Assimilation Policy Era. 115 B. Pre-IRA Enactment Tribal Constitutional Practice. 116 C. Enactment of the Indian... |
2024 |
Yes |
| J. Shinay |
GETTING THE GREEN LIGHT: RENEWABLE ENERGY DEVELOPMENT IN MAINE AS AN INTERNAL TRIBAL MATTER |
76 Maine Law Review 95 (January, 2024) |
Abstract Introduction I. Background A. Wabanaki Status in Maine and the Enactment of the MICSA B. Energy Development in Maine Generally II. Tribal Rights and SOVEREIGNty Under the MICSA A. Land Rights B. Federal Recognition C. Loss of SOVEREIGNty III. Defining Internal Tribal Matters in the Context of Renewable Resource Development A.... |
2024 |
Yes |
| Laura Briggs |
HAALAND v. BRACKEEN AND MANCARI: ON HISTORY, TAKING CHILDREN, AND THE RIGHT-WING ASSAULT ON INDIGENOUS SOVEREIGNTY |
56 Connecticut Law Review 1121 (May, 2024) |
In June 2023, the Supreme Court upheld the constitutionality of the Indian Child Welfare Act (ICWA) of 1978 in Haaland v. Brackeen. making it harder for (some) Indigenous families and communities to lose their children. The decision left one key question unanswered, however: whether protections specifically for American Indian households served as... |
2024 |
Yes |
| Margaret Von Rotz |
HONORING INDIGENOUS SOVEREIGNTY AND CONSENT: LEGAL FRAMEWORKS FOR ADDRESSING INDIGENOUS DISPLACEMENT DUE TO CLIMATE CHANGE |
30 UC Law Environmental Journal 197 (May, 2024) |
Climate change-induced displacement is not only a possibility but a present reality. This problem affects marginalized communities everywhere, but Indigenous peoples, particularly those in disappearing States, are especially climate-vulnerable and often at risk of losing their ancestral lands forever due to climate change. Despite the inevitability... |
2024 |
Yes |
| Anya T. Janssen , Robert Lundberg |
HOW TRIBES RESPOND TO CHANGING ENVIRONMENTS |
97-JUN Wisconsin Lawyer 32 (June, 2024) |
The earth's changing climate has significant ramifications for Indian tribes' subsistence needs, public health, economic stability, SOVEREIGNty, and traditional ways of life. This article discusses some causes of environmental harms that are faced by tribes in Wisconsin and nearby states and legal and policy approaches tribes can take to address... |
2024 |
Yes |
| |
IMPLEMENTATION OF TRIBAL CONSULTATION LAWS IN CALIFORNIA |
54 Environmental Law Reporter (ELI) 11009 (December, 2024) |
State and local environmental agencies regularly make decisions that have repercussions for tribes, including for their health and ability to maintain and continue to evolve traditional practices, language, and cultural identity. Meaningful consultation has become central to tribal SOVEREIGNty as tribes advocate for legislation that requires... |
2024 |
Yes |