| Author | Title | Citation | Summary | Year | Key Terms |
| Erin Weightman |
INDIANS - SOVEREIGN IMMUNITY: THE U.S. SUPREME COURT'S INTERPRETATION OF THE BANKRUPTCY CODE |
99 North Dakota Law Review 195 (2024) |
In Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin, the U.S. Supreme Court addressed whether the Bankruptcy Code expressly abrogates SOVEREIGN immunity for federally recognized Indian tribes in bankruptcy proceedings. The Lac du Flambeau Band of Lake Superior Chippewa Indians is a federally recognized tribe and owns multiple... |
2024 |
Yes |
| Rebecca Chapman, Rebecca Plevel, (Wyandot of Anderdon Nation) , (Muscogee Creek) |
INDIGENOUS COPYRIGHT CONCEPTS AND INDIGENOUS DATA SOVEREIGNTY: HOW LIBRARIES AND ARCHIVES CAN SUPPORT IT |
116 Law Library Journal 323 (2024) |
U.S. copyright law does not account for Indigenous knowledge. These items, such as stories, dances, songs, and oral teachings are data and works authored by a SOVEREIGN community, not just individuals. Indigenous data SOVEREIGNty provides that data and cultural knowledge are subject to Tribal protections. Tribes have the right as a SOVEREIGN nation... |
2024 |
Yes |
| Zachary Pavlik |
INTERSTATE WATER COMPACTING AND THE SILENCED SOVEREIGN: FEDERAL APPOINTEES AS A TRIGGER FOR THE FEDERAL TRUST RESPONSIBILITY |
27 University of Denver Water Law Review 67 (Spring, 2024) |
I. INTRODUCTION. 68 II. INTERSTATE COMPACTING AND THE THREE SOVEREIGNS: FEDERAL, STATE, AND INDIAN INTERESTS. 70 A. The States as the Core SOVEREIGNs in Interstate Compact Creation: A Framework Built to Facilitate and Further State Interests. 71 B. Federal Government as the Supreme SOVEREIGN: Let the Children Play, So Long as They Don't Break... |
2024 |
Yes |
| Bethany R. Berger |
INTERTRIBAL: THE UNHERALDED ELEMENT IN INDIGENOUS WILDLIFE SOVEREIGNTY |
48 Harvard Environmental Law Review 1 (2024) |
Intertribal organizations are a powerful and unheralded element behind recent gains in Indigenous wildlife SOVEREIGNty. Key to winning and implementing judicial and political victories, they have also helped tribal nations become powerful voices in wildlife and habitat conservation. Through case studies of these organizations and their impact, this... |
2024 |
Yes |
| Josselin Lavigne |
IS SPACE THE NEW WILD WEST OF THE 21ST CENTURY? |
42 Boston University International Law Journal 263 (Summer, 2024) |
Can public international law prevent outer space from becoming a new Wild West, given the rising risks posed by emerging rules promoting private property or appropriation of lunar or celestial resources? This Article examines the intersection and nexus of the principle of permanent SOVEREIGNty over natural resources and recent developments in space... |
2024 |
Yes |
| Rachel Fischer |
IT'S GETTING HOT IN HERE: MAINE'S RIGHT TO FOOD AS A MECHANISM TO ADDRESS THE IMPACT OF THE WARMING OF THE GULF OF MAINE ON LOBSTER |
76 Maine Law Review 347 (June, 2024) |
Abstract Introduction I. United States v. Washington A. Background B. District Court Decision C. Ninth Circuit Decision II. Case study: Maine's focus on food SOVEREIGNty interacting with climate change A. Food SOVEREIGNty in Maine 1. Maine Town Ordinances and a Local Dairy Farmer 2. Right to Food Amendment and Sunday Hunting B. Climate Change and... |
2024 |
Yes |
| Joseph M. Raimondi |
LOOSEN UP: THE FOLLIES OF STRICT CONSTRUCTION AS APPLIED TO A STATUTORY TRIBAL SOVEREIGN IMMUNITY WAIVER |
98 Saint John's Law Review 161 (2024) |
On February 9, 2020, Brian Coughlin attempted suicide, leading to an eleven-day stint at the hospital. He was experiencing overwhelming stress, anxiety and lack of hope for a better life. He had recently filed for bankruptcy, which normally triggers a stay that prevents creditors from engaging in any act to collect, assess, or recover a claim... |
2024 |
Yes |
| Nazune Menka |
NATIVE NATION RESISTANCE TO THE MACHINATIONS OF SETTLER COLONIAL DEMOCRACY |
59 Harvard Civil Rights-Civil Liberties Law Review 141 (Spring, 2024) |
I come from an island and you come from a continent, yet let us gather today, and share our stories of hurt, our stories of healing .. I hope the stories we share . will carry us towards SOVEREIGN horizons. -Craig Santos Perez (CHamoru) This Essay's publication coincides with the centennial commemoration of the Indian Citizenship Act of 1924,... |
2024 |
Yes |
| Brynna Collins |
NATIVE NATIONS' AUTONOMY IN THE MODERN ERA |
29 Public Interest Law Reporter 250 (Spring, 2024) |
Over the course of the development of the United States, there were a total of 368 treaties signed between the United States and Native Nations. These treaties included agreements between the United States and the Native tribes to trade land in exchange for autonomy, recognition of SOVEREIGNty, and assistance of services. Most of these treaties... |
2024 |
Yes |
| Megan Carrasco, (https://businesslawtoday.org/author/megan-carrasco/), Snell & Wilmer LLP |
NEW TAX TREATMENT FOR WHOLLY OWNED TRIBAL ENTITIES? |
2024-OCT Business Law Today 70 (October, 2024) |
As a function of dual SOVEREIGNty, Indian Tribal Nations are generally exempt from federal and state taxation. The Internal Revenue Service (IRS) has proposed to extend this logic one step further. On October 9, 2024, the IRS issued a notice of proposed rulemaking (NOPR) and notice of public hearing... |
2024 |
Yes |
| Aryeh J. Price |
POST-TERRESTRIAL INDIAN GAMING |
14 UNLV Gaming Law Journal 201 (Spring, 2024) |
Remember the sky that you were born under, know each of the star's stories. Remember the moon, know who she is. --Joy Harjo U.S. Federal Indian Law is built upon presumptions that tribal SOVEREIGN power derives from land claims. But as the digital economy grows, land-based constraints on tribal authority effectively punish tribes who attempt to... |
2024 |
Yes |
| Cameron James Cerf |
PRECAUTIONARY PRINCIPLE MEETS THE PROTEIN PROBLEM: HOW AQUACULTURE'S REGULATORY UNCERTAINTY UNDERMINES THE GULF SOUTH'S FOOD SOVEREIGNTY AND OTHER ENVIRONMENTAL GOALS |
37 Tulane Environmental Law Journal 47 (Winter, 2024) |
I. Introduction. 47 II. Background. 49 A. Louisiana Shrimp. 49 B. Global Shrimp. 53 III. The Legal and Political Landscape of Aquaculture. 54 A. The Precautionary Principle. 54 B. Recent Actions. 56 IV. Futures. 59 A. The Protein Problem. 59 B. SOVEREIGNty Through Species Integration. 61 C. Integrated Multi-Trophic Aquaculture. 62 V. Conclusion. 65 |
2024 |
Yes |
| Haley S. Anderson |
PROCEDURAL SOVEREIGN DISTINCTION |
57 Vanderbilt Journal of Transnational Law 469 (March, 2024) |
US law differentiates between two categories of foreign defendants--SOVEREIGN and private. On one level, whether a foreign entity is SOVEREIGN determines whether they are presumptively entitled to immunity in domestic courts, and this is justified by the nature of SOVEREIGNty as articulated in US and international law. However, different procedural... |
2024 |
Yes |
| K-Sue Park |
PROPERTY AND SOVEREIGNTY IN AMERICA: A HISTORY OF TITLE REGISTRIES & JURISDICTIONAL POWER |
133 Yale Law Journal 1487 (March, 2024) |
This Article tells an untold history of the American title registry, a colonial bureaucratic innovation that, though overlooked and understudied, constitutes one of the most fundamental elements of the U.S. property system today. Prior scholars have focused exclusively on the registry's role in catalyzing property markets, while mostly overlooking... |
2024 |
Yes |
| Andrew D. Mitchell , Theodore Samlidis |
PROTECTING POLICY SPACE FOR INDIGENOUS DATA SOVEREIGNTY UNDER INTERNATIONAL DIGITAL TRADE LAW |
55 Georgetown Journal of International Law 565 (Summer, 2024) |
The impact of economic agreements on Indigenous peoples' broader rights and interests has been subject to ongoing scrutiny. Technological developments and an increasing emphasis on Indigenous SOVEREIGNty within the digital domain have given rise to a global Indigenous data SOVEREIGNty movement, surfacing concerns about how international economic... |
2024 |
Yes |
| Smita Narula |
REALIZING THE RIGHT TO FOOD IN MAINE: INSIGHTS FROM INTERNATIONAL LAW |
76 Maine Law Review 165 (June, 2024) |
Abstract Introduction I. Situating the Right to Food Amendment A. Connecting Food Justice and Social Justice B. An Emergent Right to Food Movement in the United States C. Food SOVEREIGNty Movements and Food Freedom Laws II. The Right to Food Under International Human Rights Law A. The Value of Framing Food as a Human Right B. The Normative Content... |
2024 |
Yes |
| Frank J. Garcia |
RECONCEPTUALIZING FOREIGN INVESTMENT AS A RELATIONAL VENTURE |
59 Texas International Law Journal 37 (Spring, 2024) |
YesAbstract: It is easy amidst the controversy swirling today around foreign investment law to lose sight of what in fact we are seeking to regulate. What exactly is a foreign investment? What does it mean to consider foreign investment as a human social activity, and not just a macroeconomic statistic? And, if foreign investment is an important... |
2024 |
Yes |
| Sonia Sikka, Professor, Department of Philosophy, University of Ottawa, Canada, ssikka@uottawa.ca |
RELIGIOUS FREEDOM AND SACRED LANDS |
39 Journal of Law and Religion 116 (January, 2024) |
Taking Ktunaxa Nation v. British Columbia as a focal point, the author argues that the legal framing of Indigenous sacred land claims in terms of religious freedom carries significant costs. It impels courts to bracket consideration of SOVEREIGNty and territorial rights, while positioning Indigenous worldviews as nonrational rather than as dynamic... |
2024 |
Yes |
| Taylor Graham |
RESOLVING CONFLICTS BETWEEN TRIBAL AND STATE REGULATORY AUTHORITY OVER WATER |
112 California Law Review 625 (April, 2024) |
In 2017, the Agua Caliente Band of Cahuilla Indians affirmed their legal right to water in a landmark victory in the Ninth Circuit Court of Appeals. In an exercise of its SOVEREIGN authority, the Tribe then implemented a permit system to regulate use of the groundwater underlying its reservation. But local and state water agencies already have a... |
2024 |
Yes |
| M. Henry Ishitani , Alexandra Fay |
REVISING THE INDIAN PLENARY POWER DOCTRINE |
29 Michigan Journal of Race and Law 1 (Spring, 2024) |
The federal Indian law doctrine of Congressional plenary power is long overdue for an overhaul. Since its troubling nineteenth-century origins in Kagarna v. United States (1886), plenary power has justified invasive Congressional interventions and undermined Tribal SOVEREIGNty. The doctrine's legal basis remains a constitutional conundrum. This... |
2024 |
Yes |
| Brooke Hare |
RE-WRITING PRECEDENT: AN EXPLORATION OF THE NEGATIVE IMPACT ON NATIVE RIGHTS IN THE WAKE OF OKLAHOMA v. CASTRO-HUERTA |
101 Denver Law Review 421 (Winter, 2024) |
The word SOVEREIGNty implies freedom from external control and is synonymous with the terms autonomy, self-determination, and independence. That is, at least, how Merriam-Webster defines the term and how the Supreme Court treated Native Americans through the careful development of over 200 years of case law. The current bench of the Supreme... |
2024 |
Yes |
| Michelle Diffenderfer, Katherine Hupp |
RIPPLE EFFECTS FOR TRIBES AFTER COURT CUTS AGENCY POWER |
56 ABA Trends 5 (November/December, 202) |
Federal Indian law in the United States is a complex field centered on the legal relationship between the federal government and Indian Tribes and rooted in the principle of tribal SOVEREIGNty recognized in the United States Constitution. Over time, treaties, statutes, court decisions, agency regulations, and Executive Orders have recognized a... |
2024 |
Yes |
| Shania L. Kee |
SAAD EÍ DATA: FORMALIZING THE INDIGENOUS DATA SOVEREIGNTY MOVEMENT WITHIN THE NAVAJO NATION LEGAL SYSTEM, A COMPARISON TO THE MORI'S DATA GOVERNANCE MODEL |
41 Arizona Journal of International and Comparative Law 74 (2024) |
C1-2Table of Contents I. Introduction. 75 II. Development of IDSov & IDGov. 78 A. International Law. 79 B. Applying IDGov to Tribes or specific Nations. 81 III. The Mori's Application of IDGov. 82 A. The Mori people's relationship with New Zealand. 83 1. Treaty of Waitangi. 83 2. Waitangi Tribunal. 84 3. New Zealand Law Commission. 85 B. New... |
2024 |
Yes |
| Mariaelena Huambachano |
SEEDING A MOVEMENT: INDIGENOUS FOOD SOVEREIGNTY |
78 University of Miami Law Review 390 (Spring, 2024) |
For many Indigenous peoples, well-being is bound up with and inseparable from the natural world. But since colonialism, Indigenous traditions and access to traditional foods or foodways have been disrupted, imperiling their health and well-being. In this Article, I discuss the role of Indigenous cosmovision/worldview and Indigenous Food SOVEREIGNty... |
2024 |
Yes |
| Bethany Berger |
SEPARATE, SOVEREIGN, AND SUBJUGATED: NATIVE CITIZENSHIP AND THE 1790 TRADE AND INTERCOURSE ACT |
65 William and Mary Law Review 1117 (April, 2024) |
In 1790, the same year Congress limited naturalization to free white persons, it also enacted the first Indian Trade and Intercourse Act. The Trade and Intercourse Act may have even stronger claims to super statute status than the Naturalization Act. Key provisions of the Trade and Intercourse Act remain in effect today, and the Act enshrined a... |
2024 |
Yes |
| William T. Olmstead |
SHADOWS OF THE CROWN: THE VIRTUE OF EQUILIBRIUM IN AMERICAN SOVEREIGN IMMUNITY |
73 Cleveland State Law Review 171 (2024) |
Under the doctrine of SOVEREIGN immunity, the federal and state governments of the United States cannot be sued or prosecuted unless they voluntarily waive their own impunity. In recent decades, the Supreme Court has expanded the scope of the SOVEREIGN immunity of the state governments. This Note argues that such an expansion is a profound and... |
2024 |
Yes |
| Ylli Dautaj |
SOVEREIGN IMMUNITY FROM EXECUTION OF FOREIGN ARBITRAL AWARDS IN INDIA: THE "NEW" KID ON THE (SUPER) PRO-ARBITRATION BLOCK |
15 Penn State Arbitration Law Review 19 (2024) |
In the modern era, where there is close interconnection between different countries as far as trade, commerce and business are concerned, the principle of SOVEREIGN immunity can no longer be absolute in the way that it much earlier was. Countries who participate in trade, commerce and business with different countries ought to be subjected to... |
2024 |
Yes |
| Teresa Scassa |
SOVEREIGNITY AND THE GOVERNANCE OF ARTIFICIAL INTELLIGENCE |
71 UCLA Law Review Discourse 214 (2024) |
This Essay explores the concept of SOVEREIGNty in relation to artificial intelligence. Although SOVEREIGNty has long been used to describe the status of nation states, the concept of SOVEREIGNty is used in multiple ways in the digital context. It is used to articulate state policies in relation to artificial intelligence (AI) and data, an assertion... |
2024 |
Yes |
| Alexander L. Chen |
SOVEREIGNS' INTERESTS AND DOUBLE JEOPARDY |
110 Virginia Law Review 1955 (December, 2024) |
In the 2019 case of Gamble v. United States, the Supreme Court upheld the dual SOVEREIGNty doctrine, reiterating that the Double Jeopardy Clause only bars successive or concurrent prosecutions by the same SOVEREIGN. When, therefore, a criminal defendant has violated the laws of two SOVEREIGNs by the same act, regardless of how similar those laws... |
2024 |
Yes |
| Alvin Padilla-Babilonia |
SOVEREIGNTY AND DEPENDENCE IN THE AMERICAN EMPIRE: NATIVE NATIONS, TERRITORIES, AND OVERSEAS COLONIES |
73 Duke Law Journal 943 (February, 2024) |
What justifies plenary powers over Native nations, U.S. territories, and overseas colonies? One answer is the text of the Constitution: the Indian Commerce Clause or the Territorial Clause. Another answer is SOVEREIGNty under international law. In this Article, I argue that these legalistic explanations overlook a third answer: that political and... |
2024 |
Yes |
| Hon. Kostan R. Lathouris , CHIEF JUDGE OF THE LAS VEGAS PAIUTE TRIBAL COURT |
SOVEREIGNTY, JURISDICTION, AND LANDS MATTER |
32-FEB Nevada Lawyer 18 (February, 2024) |
The lights of a county law enforcement vehicle flashed in my rearview mirror. I had just left the reservation and was driving on a part of the road where everyone ignored the posted speed limits--unless, of course, there were donkeys wandering around. There were no donkeys that day. I was speeding, no question about it. So, I pulled over and waited... |
2024 |
Yes |
| Nancy Fu |
SPEAKING AUTHORSHIP: HONORING INDIGENOUS LANGUAGE SOVEREIGNTY IN JOINT AUTHORSHIP DOCTRINES |
45 Cardozo Law Review 1613 (June, 2024) |
C1-2Table of Contents Introduction. 1614 I. Historical Treatment of Indigenous People and Languages in the United States. 1617 A. Legal Landscape of Federal Indigenous Law. 1620 B. Copyright Law, Oral Traditions, and Language. 1623 1. Interconnection Between Language, Oral Traditions, and Culture. 1623 2. Copyright Law Is in Tension with Indigenous... |
2024 |
Yes |
| John M. Golden , Sanford Levinson |
SPLITTING THE ATOM OF FALSE SCIENTISM IN CONSTITUTIONAL LAW |
66 Arizona Law Review 1 (Spring, 2024) |
Metaphor can enlighten, but it can also mislead. This Article critiques two metaphors that have become powerful emblems of United States federalism: the split[ting] the atom of SOVEREIGNty metaphor introduced by Justice Kennedy and the states as laboratories of democracy metaphor attributed to Justice Brandeis. These metaphors shape legal and... |
2024 |
Yes |
| Ernest A. Young |
STATE SOVEREIGN IMMUNITY AFTER THE REVOLUTION |
102 Texas Law Review 697 (March, 2024) |
The Supreme Court's 1996 decision in Seminole Tribe v. Florida opened an era of dramatic expansion of states' SOVEREIGN immunity from suits by private parties. Nationalist Justices vigorously contested that expansion, vowing that they would never accept Seminole Tribe's legitimacy or accord it stare decisis effect. In 2020, however, the unanimous... |
2024 |
Yes |
| Anthony J. Bellia Jr. , Bradford R. Clark |
STATE SOVEREIGN IMMUNITY AND THE NEW PURPOSIVISM |
65 William and Mary Law Review 485 (February, 2024) |
Since the Constitution was first proposed, courts and commentators have debated the extent to which it alienated the States' preexisting SOVEREIGN immunity from suit by individuals. During the ratification period, these debates focused on the language of the citizen-state diversity provisions of Article III. After the Supreme Court read these... |
2024 |
Yes |
| Stephen D. Earsom |
STRIKING BEFORE THE IRON IS HOT: HOW TRIBES IN THE EAST CAN ASSERT THEIR WINTERS RIGHTS TO PROTECT TRIBAL SOVEREIGNTY & MITIGATE CLIMATE CHANGE |
42 Virginia Environmental Law Journal 47 (2024) |
Federally recognized tribes have been denied access to their legal allotments of water for over two centuries through a combination of federal assimilation and annihilation programs, inequitable provision of irrigation systems by federal agencies, and hostile state governments. The Winters doctrine is leaned upon heavily by tribes in the western... |
2024 |
Yes |
| Professor Ronnie R. Gipson Jr. |
TAIWAN'S DEMOCRACY, PEACE, AND SECURITY CAN BE SECURED BY PURCHASING THE STATE'S INDEPENDENCE FROM CHINA |
32 Michigan State International Law Review 253 (2024) |
Since the end of World War II, the status of Taiwan as an independent, SOVEREIGN state has been in a state of flux due to political machinations. For far too long the international community tolerated the political fiction that Taiwan was the true China; it was not. When Mao Zedong defeated Chiang Kai-Shek, who then retreated to Taiwan, Mao... |
2024 |
Yes |
| Anthony Puntasecca |
THE AKWESASNE BLACK HOLE: AMERICA'S HIDDEN BORDER CRISIS |
56 University of Miami Inter-American Law Review 73 (Fall, 2024) |
I. Introduction. 74 II. Background. 76 A. History of Broken Promises and Land Appropriation. 76 B. Life on an International Border. 77 III. Summary of Relevant Law. 81 A. Early Treaties. 81 B. Dealing with Uncle Sam. 82 i. The Supreme Law of the Land. 83 ii. Between SOVEREIGN Entities. 85 C. Constitutional Monarchy. 88 IV. Analysis. 90 A. War on... |
2024 |
Yes |
| M. Alexander Pearl |
THE CONSEQUENCES OF MYTHOLOGY: SUPREME COURT DECISIONMAKING IN INDIAN COUNTRY |
71 UCLA Law Review 6 (January, 2024) |
Ilanoli isht unowa. We tell our own stories. A single historical event has many stories. Although this nation's official chronicle expected and even hoped for Indigenous peoples to fade away, we are still here. Our histories are marked by resistance, survival, SOVEREIGNty, and renaissance. Only now, in the later stages of the American experiment,... |
2024 |
Yes |
| Guy-Uriel E. Charles , Luis Fuentes-Rohwer |
THE CONSTITUTION OF DIFFERENCE |
137 Harvard Law Review Forum 133 (January, 2024) |
The result of what has been said is that whilst in an international sense Porto Rico was not a foreign country, since it was subject to the SOVEREIGNty of and was owned by the United States, it was foreign to the United States in a domestic sense, because the island had not been incorporated into the United States, but was merely appurtenant... |
2024 |
Yes |
| Christopher R. Rossi |
THE CRITICAL DATE AND THE DISPUTE OVER ISLANDS IN THE STRAIT OF HORMUZ: ABU MUSA AND THE TUNBS |
25 Oregon Review of International Law 1 (2024) |
Abstract. 1 Introduction. 2 I. The Power Vacuum. 9 II. Territorializing a Civilizational Unit. 13 A. Place Naming and Toponomy. 16 B. Toponymic Hearsay. 19 III. Periodizing SOVEREIGNty, Uti Possidetis, and the Critical Date. 20 A. Square Pegs, Round Holes, and the Southernmost Palm Tree. 23 B. Historical Claims. 27 C. The Unfitting Metaphor of the... |
2024 |
Yes |
| Shantal Pai |
THE EFFECT OF HISTORICAL TRIBAL POLICY AND PROPERTY RIGHTS ON ENVIRONMENTAL REGULATION |
39-SUM Natural Resources & Environment 47 (Summer, 2024) |
Before there were Europeans in the United States, there were Indigenous people. They governed independently through sophisticated governments that included tribal laws, cultural traditions, religious customs, and societal systems. Native American nations treated each other as SOVEREIGN governments, often negotiating treaties with each other to... |
2024 |
Yes |
| Mia Gratacos-Atterberry |
THE IMPOSSIBILITY OF SETTLER COLONIALISM AND ITS INFLUENCE ON THE SUPREME COURT |
42 Quinnipiac Law Review 455 (2024) |
This Note will argue that the Supreme Court's treatment of Indigenous Nations and their tribal SOVEREIGNty has always been inconsistent and incoherent because of the pervasive structure of settler colonialism. Despite the genocide carried out against Indigenous peoples in the United States, their continued presence and exercise of tribal... |
2024 |
Yes |
| Rachel Yost |
THE INDIAN CHILD WELFARE ACT, POLITICAL CLASSIFICATION OF "INDIANS," AND PRESERVATION OF TRIBAL SOVEREIGNTY: CHILDREN, THE MOST PRECIOUS RESOURCE |
48 American Indian Law Review 43 (2023-2024) |
Throughout the United States' history, Congress has consistently regulated Indian affairs as a matter of tribal political SOVEREIGNty, not as a matter of race. The Constitution itself enforces the use of political classification for Indians through Congress' power to regulate Commerce, and make Treaties with Indian tribes. Furthermore, the... |
2024 |
Yes |
| Shobita Parthasarathy, Ford School of Public Policy, University of Michigan, Ann Arbor, Michigan, USA; email: shobita@umich.edu |
THE POLITICS OF EXPERTISE IN GENOMICS POLICY AND LAW |
20 Annual Review of Law and Social Science 237 (2024) |
genomics, expertise, bioethics, innovation, patents, data SOVEREIGNty Genomics and biotechnology have generated controversy for decades, about the moral limits of tinkering with and commodifying life, the boundary between nature and technology, the respectful treatment of research participants, and the proper evaluation of emerging technologies.... |
2024 |
Yes |
| Ed Hermes , Kelsey Haake |
THREE STATUTES TRIBES CAN CONSIDER ADOPTING TO PROMOTE ECONOMIC DEVELOPMENT AND EXERCISE SOVEREIGNTY |
60-AUG Arizona Attorney 28 (July/August, 2024) |
As Indigenous communities assert their SOVEREIGNty and self-governance, adopting legal frameworks tailored to fit their unique needs and aspirations becomes increasingly imperative. This article explores three statutes that some tribes have adopted to promote economic development on their lands: secured transaction laws, zoning ordinances, and... |
2024 |
Yes |
| Kekek Jason Stark |
TRIBAL COURT JURISDICTION AND THE EXHAUSTING NATURE OF FEDERAL COURT INTERFERENCE |
92 University of Cincinnati Law Review 701 (2024) |
C1-3Contents I. Introduction. 703 II. Background Doctrines. 704 A. Tribal SOVEREIGNty. 704 B. Tribal Self-Government. 705 C. Tribal Exhaustion. 706 III. Tribal Jurisdiction. 710 A. Determining Tribal Jurisdiction Pursuant to Tribal Customary Law. 711 1. Reciprocal Relations. 711 a. Means v. District Court of the Chinle Judicial District, 2 Am.... |
2024 |
Yes |
| Justin Desjardins |
TRIBAL SOVEREIGNTY & SOVEREIGN IMMUNITY IN BANKRUPTCY |
101 Washington University Law Review 1735 (2024) |
In July 2019, Brian Coughlin borrowed $1,100 from a payday lender named Lendgreen. Later that year, Mr. Coughlin filed for bankruptcy and listed his outstanding balance of about $1,600 owed to Lendgreen among his debts. Debt collection during a bankruptcy case is prohibited by the Bankruptcy Code's automatic stay. Despite the stay, Lendgreen... |
2024 |
Yes |
| Anthony Hernandez |
TRIBAL TRADEMARK LAW |
76 Stanford Law Review 661 (March, 2024) |
Abstract. Native American tribes are increasingly creating their own intellectual and cultural property statutes. Of all the new legislation, tribal trademark law in particular is an engaging yet understudied area. By studying tribal trademark law, it becomes possible to evaluate the nature and scope of tribal SOVEREIGNty. And studying tribal... |
2024 |
Yes |
| Samuel Joyce |
TRIBAL WATER SOVEREIGNTY: AUTHORIZING INDIAN WATER MARKETING IN THE COLORADO BASIN |
35 Stanford Law and Policy Review 161 (February, 2024) |
In January 2023, Congress passed the Colorado River Indian Tribes Water Resiliency Act, authorizing the Colorado River Indian Tribes to lease part of its Colorado River water allocation to off-reservation users. The law grants the Colorado River Indian Tribes some of the rights that are already enjoyed by private water users, and creates an... |
2024 |
Yes |