| Author | Title | Citation | Summary | Year | Key Terms |
| Jessica A. Shoemaker |
RE-PLACING PROPERTY |
91 University of Chicago Law Review 811 (April, 2024) |
This Article analyzes the complex relationship between property and placemaking. Our most basic property and land tenure choices--including the design of the fee simple itself--shape people-place relations in powerful ways. By unearthing this important relationship between property and placemaking, this Article also reveals how pervasive--but... |
2024 |
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| Kekek Jason Stark |
RESPONSIBLE GOVERNANCE AND TRIBAL CUSTOMARY RIGHTS |
59 Harvard Civil Rights-Civil Liberties Law Review 27 (Spring, 2024) |
[T]raditional laws are fundamental laws of society and are derived from custom--[the] language, ceremonies, teachings and value system of the Tribal Nation. C1-2Table of Contents Introduction. 27 I. Responsible Governance. 28 II. Tribal Customary (Fundamental) Rights. 34 A. Citizenship Rights. 39 1. Land Use (Property) Rights. 43 B. Employment... |
2024 |
|
| Lauren van Schilfgaarde |
RESTORATIVE JUSTICE AS REGENERATIVE TRIBAL JURISDICTION |
112 California Law Review 103 (February, 2024) |
For more than a century, the United States has sought to restrict Tribal governments' powers over criminal law. These interventions have ranged from the imposition of federal jurisdiction over Indian country crimes to actively dismantling Tribal justice systems. Two particular moves--diminishing Tribal jurisdiction and imposing adversarial... |
2024 |
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| Sandra H. Sulzer |
RESTORATIVE JUSTICE FOR INTERNATIONAL TRADITIONAL CULTURAL EXPRESSION OWNERSHIP DISPUTES |
45 Michigan Journal of International Law 275 (2024) |
Traditional cultural expressions (TCE), which include dances, songs, and pottery, and traditional knowledge (TK), which includes plant properties, agricultural practices, and artistic techniques, are inarguably valuable both to the groups that create them and to outsiders who wish to use or sell them. International law broadly, and intellectual... |
2024 |
|
| Nic Rossio , Judge Tim Connors , Margaret Kruse Connors , Justice Cheryl Demmert Fairbanks , Dr. William Hall , Brett Lee Shelton |
RESTRUCTURING AMERICAN LAW SCHOOLS: PEACEMAKING IN FIRST YEAR CURRICULUM |
69 Wayne Law Review 635 (Spring, 2024) |
I. Historical Context--What is Peacemaking?. 637 II. Peacemaking and Law School Curriculum. 644 A. Introduction. 644 B. The Current Approach: Law School's Reliance on Formalism.. 647 C. Rethinking Law Students' Assumed Tendency Toward Formalism. 652 D. The Potential of Peacemaking. 658 E. Conclusion. 667 III. Peacemaking at the Federal Level. 668... |
2024 |
|
| John R. Welch , Robert Alan Hershey |
REVISITING AMERICAN INDIAN TREATY RIGHTS IN ARIZONA |
60-AUG Arizona Attorney 18 (July/August, 2024) |
Once an episodically pertinent subfield of American Indian Law, Treaty Law is regaining prominence in the wake of Supreme Court opinions in Minnesota et al. v. Mille Lacs Band of Chippewa Indians et al., Washington State Department of Licensing v. Cougar Den Inc., McGirt v. Oklahoma, and Arizona v. Navajo Nation. Treaties often have been downplayed... |
2024 |
|
| Yuanyuan Ren |
REVISITING THE IMPLICATIONS OF THE SOUTH CHINA SEA ARBITRATION: AN ARCTIC PERSPECTIVE |
30 U.C. Davis Journal of International Law and Policy 23 (Spring, 2024) |
This article examines the implications of the South China Sea Arbitration (the SCS Arbitration) for the governance of the Arctic Ocean. It argues that the SCS Arbitration award is more than a piece of paper and carries important implications for assessing and resolving maritime disputes and disagreements in the Arctic, especially regarding four... |
2024 |
|
| Alexis Studler |
REVIVING INDIAN COUNTRY: EXPANDING ALASKA NATIVE VILLAGES' TRIBAL LAND BASES THROUGH FEE-TO-TRUST ACQUISITIONS |
29 Michigan Journal of Race and Law 125 (Spring, 2024) |
For the last fifty years, the possibility of fee-to-trust acquisitions in Alaska has been precarious at best. This is largely due to the Alaska Native Claims Settlement Act of 1971 (ANCSA), which eschewed the traditional reservation system in favor of corporate land ownership and management. Despite its silence on trust acquisitions, ANCSA was and... |
2024 |
|
| Daniel J. Smyth |
Rise of Complete Substitutes and Fall of the Origination Clause in the Post-Ratification Era |
13 British Journal of American Legal Studies 273 (Fall, 2024) |
The Constitution's Origination Clause requires the House of Representatives, the chamber considered closest to the people, to originate all bills for raising revenue. This clause allows Senate amendments to these bills. However, may Senate amendments completely replace House revenue bills with new revenue bills, as occurred with the Affordable Care... |
2024 |
|
| Patrick E. Reidy, C.S.C. |
SACRED EASEMENTS |
110 Virginia Law Review 833 (June, 2024) |
In the last forty years, Native American faith communities have struggled to protect their sacred sites using religious liberty law. When confronting threats to sacred lands, Native Americans stridently assert constitutional and statutory free exercise protections against public authorities. But unlike litigation involving non-Indian religious... |
2024 |
|
| Leo Baskatawang |
SACRED TEACHINGS, SACRED LAW: TRUTH AND RECONCILIATION OF INDIGENOUS LEGAL ORDERS IN CANADA |
32 Michigan State International Law Review 1 (2024) |
This article reflects on the presence of Indigenous laws that were present on Turtle Island, or what is now known as North America, prior to the period of European colonization. This is done through an analysis of the Anishinaabe Creation Story, which encompasses the Seven Sacred Teachings (Respect, Humility, Honesty, Bravery, Love, Wisdom, and... |
2024 |
|
| David B. Froomkin , A. Michael Froomkin |
SAVING DEMOCRACY FROM THE SENATE |
2024 Utah Law Review 397 (2024) |
It should not be surprising that Americans say they are frustrated with their national institutions. Congress, particularly the Senate, responds poorly to the public's needs and wants because it is increasingly unrepresentative of the electorate. Reform is difficult, however, because each state's equal Suffrage in the Senate is protected by a... |
2024 |
|
| Jonathan Liljeblad |
SEA PEOPLES & MARINE PLASTIC POLLUTION IN SOUTHEAST ASIA: AN INTERNATIONAL HUMAN RIGHTS APPROACH IN SUPPORT OF INDIGENOUS RIGHTS TO ENVIRONMENT |
27 UCLA Journal of International Law and Foreign Affairs 59 (Spring, 2024) |
The paper explores the potential for international human rights law to further articulation of indigenous rights to environment. The paper does so by using the case of sea peoples struggling against marine plastic pollution in Southeast Asia as an illustration clarifying how provisions in international human rights instruments can advance... |
2024 |
|
| Chairwoman Charlene Nelson , Geoff Strommer |
SEEKING HIGHER GROUND--HOW CONGRESS CAN HELP TRIBES BEING PUSHED TO THEIR LIMITS DUE TO CLIMATE CHANGE |
49 Human Rights 8 (2024) |
After months and years of natural disasters and extreme weather events, even the skeptics are having a hard time denying the obvious: climate change is here. And the climate refugees are coming. Many of the first will be Indigenous people, who are often those most affected by climate impacts and who, from all over the world, have been sounding the... |
2024 |
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| Elizabeth Kronk Warner , Jesús A. Salazar |
SHARED STEWARDSHIP |
51 Ecology Law Quarterly 177 (2024) |
It is time we listen to what the Indians have been telling us. Watch the tribes: they are going to lead us. As improper land use, climate change, and egregious natural resource consumption have increased across the United States, so too have the threats facing the country's unique national environmental treasures. Such treasures include landscapes... |
2024 |
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| Martha Louise Slaymaker |
SHOULD NATURE HAVE STANDING? |
31 Indiana Journal of Global Legal Studies 203 (Winter, 2024) |
In 1972, Christopher Stone wrote Should Trees Have Standing?--Toward Legal Rights for Natural Objects, which helped spark a passionate dissent from Justice William O. Douglas in Sierra Club v. Morton. This case demonstrates the importance of granting legal rights to nature, as it shows how the requirements for legal standing present barriers to... |
2024 |
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| Makayla Aman, Elise Keenum |
SIGNIFICANT MONTANA CASES |
85 Montana Law Review 201 (Winter, 2024) |
From Montana becoming the first state to ban the popular social media app, TikTok, to turmoil in the State House of Representatives over a Montana lawmaker's ban from the House floor, 2023 brought to the forefront discussions about the rights Montanans enjoy and what those rights mean. In an era of legal uncertainty, individuals, entities, lawyers,... |
2024 |
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| Mary Christina Wood |
SKY CARBON CLEANUP AND BIODIVERSITY RESTORATION: DEVISING REGIONAL FRAMEWORKS |
25 Vermont Journal of Environmental Law 209 (Spring, 2024) |
INTRODUCTION. 211 I. THE IMPERATIVE AND POTENTIAL FOR HARNESSING NATURAL CLIMATE SOLUTIONS. 212 A. The Global Capacity for Natural Climate Solutions. 216 B. The NCS Ecotypes. 218 1. Forests. 219 2. Farmlands. 221 3. Grasslands and Rangelands. 222 4. Blue and Teal Carbon Areas. 224 II. A META-STRATEGY FOR ORGANIZING SKY CLEANUP. 227 A. The... |
2024 |
|
| Burke W. Griggs |
SOURCE PROBLEMS IN INTERSTATE WATERS |
60 Idaho Law Review 339 (2024) |
C1-2TABLE OF CONTENTS I. INTRODUCTION. 339 II. HYDROLOGIC SOURCE PROBLEMS. 340 A. Kansas v. Colorado and the Distinct Sources Problem. 341 B. The Federal Source Problem. 343 C. The Groundwater Problem. 349 D. The Problem of Federal Inconsistency. 351 III. LEGAL SOURCE PROBLEMS. 356 A. The Parens Patriae Problem. 356 B. The Hinderlider Problem. 357... |
2024 |
|
| Caitlyn Lindstrom |
STATE TAXING POWER OVER TRIBAL LEASING ACTIVITY: BALANCING BRACKER WITH THE CALL TO MODERNIZE |
14 American University Business Law Review 407 (2024) |
Federal law operates on the premise that state jurisdiction does not interfere with American Indian jurisdiction, and it is generally accepted that states may not tax Indian entities or members. However, the Supreme Court held that there are circumstances in which states may extend taxation onto non-Indians residing on tribal lands. In cases where... |
2024 |
|
| Ethan J. Leib, Nora Donnelly |
STATUTORY INTERPRETATION IN THE 2020S: A VIEW OF THE CATHEDRAL |
97 Southern California Law Review Postscript 11 (2024) |
This Comment looks at eighty-seven statutory interpretation cases in the Supreme Court's docket over the 2020-2022 Terms to evaluate trends in how the nation's highest court reads statutes in the modern era. It concludes that the overarching story is neither a purely textualist one, nor one in which the liberal bloc is very often at odds with the... |
2024 |
|
| Ada Montague Stepleton , Sapphire Carter |
STRANGE BEDFELLOWS: STATES, TRIBES, AND WATER RIGHTS |
47 Public Land & Resources Law Review 77 (2024) |
I. Introduction. 79 II. Research Process. 83 III. Legal Background. 84 A. General Overview of Reserved Indian Water Rights. 85 B. The Winters Doctrine. 85 C. McCarren Amendment. 88 D. State Water Administration Systems. 90 1. Prior Appropriation and Federally Reserved Indian Water Rights. 90 2. Riparian Rights and Federally Reserved Indian Water... |
2024 |
|
| Alexander Mallory |
STUDENTS FOR FAIR ADMISSIONS AND INDIAN COLLEGE ADMISSIONS |
60-AUG Arizona Attorney 40 (July/August, 2024) |
In June 2023, the United States Supreme Court issued Students for Fair Admissions Inc. v. President & Fellows of Harvard College (SFFA Decision) holding that Harvard College and the University of North Carolina violated the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act of 1964 by impermissibly using race... |
2024 |
|
| Gabrielle Kolb, J.D. |
STUDENTS FOR FAIR ADMISSIONS, INC. v. UNIVERSITY OF NORTH CAROLINA AND HAALAND v. BRACKEEN: LESSONS ON THE FUTURE OF AFFIRMATIVE ACTION FOR NATIVE AMERICAN COLLEGE APPLICANTS |
20 University of Saint Thomas Law Journal 511 (Spring, 2024) |
In the summer of 2023, the United States Supreme Court decided two cases that may change the legal landscape for Native Americans hoping to benefit from affirmative action programs or tuition waiver programs in higher education. In the first case, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the Supreme Court... |
2024 |
|
| Gregor A. MacGregor |
THE ACADEMY'S ROLE AT THE INTERSECTION OF ENVIRONMENTAL AND RESTORATIVE JUSTICE: PUTTING LAW INTO PRACTICE AT THE ACEQUIA ASSISTANCE PROJECT |
51 Northern Kentucky Law Review 125 (2024) |
When we think of environmental justice, we often think of the movement's genesis. In the fall of 1982, black residents and their allies in Warren County, North Carolina, marched for six weeks to protest the placement of a toxic waste landfill in their community. The Warren County controversy captured national attention in a way prior controversies... |
2024 |
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| Parker Reynolds |
THE CHICKEN OR THE EGG: THE PROPER ORDER OF ANALYSIS WHEN DETERMINING THE ENFORCEABILITY OF A DELEGATION CLAUSE AND THE BROADER ARBITRATION AGREEMENT IN CONSUMER CONTEXTS |
13 American University Business Law Review 165 (2024) |
I. Introduction. 166 II. Understanding the Dichotomy of Respecting Arbitration and Protecting Consumers. 168 A. The Basics of Arbitration and the FAA. 168 B. Expansion of the FAA and the Development Toward Deference. 171 C. Consumer Protections and the Lack Thereof. 174 D. The Brice Decision and its Clash with Sister Circuits. 176 III. Why the... |
2024 |
|
| José Argueta Funes |
THE CIVILIZATION CANON: COMMON LAW, LEGISLATION, AND THE CASE OF HAWAIIAN ADOPTION |
71 UCLA Law Review 128 (January, 2024) |
Recently, scholars have uncovered many ways in which our traditional understandings of the U.S. Constitution have failed to grapple with American empire and colonialism. This work has shown that the nation's history of mistreating Indigenous peoples is constitutive of its legal order. In this Article, I provide evidence of a similar kind of... |
2024 |
|
| Annika Krafcik |
THE FIGHT AGAINST GRAPHITE: WHAT TRIBAL OPPOSITION TO A MINE IN ALASKA TEACHES US ABOUT THE IMPORTANCE AND LIMITATIONS OF CONSULTATION IN THE GREEN TRANSITION |
42 UCLA Journal of Environmental Law & Policy 321 (2024) |
C1-3Table of Contents I. Introduction. 323 II. Background on Mining for Transition Minerals in the U.S. 331 A. Why the Domestic Push to Mine for Transition Minerals. 331 B. Disproportionate Impacts of Mining for Transition Minerals on Indigenous Peoples. 334 C. Environmental Impacts of Mining for Transition Minerals. 336 D. U.S. Policy Driving... |
2024 |
|
| John E. Echohawk |
THE FUTURE OF NATIVE AMERICAN CIVIL RIGHTS |
49 Human Rights 2 (2024) |
I was very honored to receive the Thurgood Marshall Award at the ABA Annual Meeting in Denver, Colorado, in August 2023. It was recognition of me and of the Native American Rights Fund, the nonprofit national Indian legal defense fund that I have worked for over the past 53 years, serving consecutively as executive director since 1977. All of our... |
2024 |
|
| John Beaty |
THE IMPACT OF THE INFLATION REDUCTION ACT ON ENERGY JUSTICE AND GREEN ENERGY DEVELOPMENT IN INDIAN COUNTRY |
12 LSU Journal of Energy Law & Resources 1 (Winter, 2024) |
C1-2Table of Contents Introduction. 3 I. Green Energy Development and Energy Justice in Indian Country. 5 A. Indian Country's Electrical Infrastructure is Underdeveloped. 6 B. Indian Country has a Wealth of Undeveloped Renewable Energy Resources. 9 C. There is a Long History of Exploitation of Tribal Energy Resources. 9 D. Climate Change Will... |
2024 |
|
| Eric Eisner |
THE LAW-OF-NATIONS ORIGINS OF THE MARSHALL TRILOGY |
133 Yale Law Journal 998 (January, 2024) |
Federal Indian law is sometimes seen as a purely domestic part of American law, but its origins are in the law of nations. The Marshall Trilogy--Johnson v. M'Intosh, Cherokee Nation v. Georgia, and Worcester v. Georgia, three Supreme Court decisions authored by Chief Justice Marshall that are foundational for American federal Indian law--relied on... |
2024 |
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| Daniel E. Walters |
THE MAJOR QUESTIONS DOCTRINE AT THE BOUNDARIES OF INTERPRETIVE LAW |
109 Iowa Law Review 465 (January, 2024) |
ABSTRACT: The Supreme Court's apparent transformation of the major questions doctrine into a clear statement rule demanding clear congressional authorization for major agency actions has already had, and will continue to have, wide-ranging impacts on American public law. Not the least of these is the impact it will have on the enterprise of... |
2024 |
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| John Stack |
THE MISSISSIPPI RIVER BASIN COMPACT: A NEW GOVERNANCE STRUCTURE TO SAVE THE MISSISSIPPI RIVER |
108 Minnesota Law Review 2703 (May, 2024) |
The Mississippi River is one of the most significant and yet one of the most imperiled water bodies in the United States. It faces a myriad of problems, from rampant pollution, widespread flooding, wildlife habitat loss, and considerable droughts. Indeed, this is a critical time for the Mississippi River. Fall of 2023 saw River levels drop to... |
2024 |
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| Julnasha Morehead |
THE NEED FOR ANTIRACIST EDUCATION AMID TRENDS TOWARD TOTALITARIANISM AND A CONSTITUTIONAL CRISIS |
18 DePaul Journal for Social Justice 1 (Autumn, 2024) |
Narratives from the past play a vital role in shaping our present and future. Attacks on diversity in education, the workplace, and general society highlight the intent of legislators to silence diverse historical realities and supplant tired tropes that serve to divide and concentrate power. Anti-diversity legislation with titles such as Stop... |
2024 |
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| Gregory Ablavsky |
THE ORIGINAL MEANING OF COMMERCE IN THE INDIAN COMMERCE CLAUSE |
56 Connecticut Law Review 1013 (May, 2024) |
In Haaland v. Brackeen. the Supreme Court returned to the foundational question of federal authority over relations between the United States and Native nations, long known as Indian affairs. The decision reaffirmed well-established precedent affirming broad federal authority in the area, but it also underscored ongoing disagreement, as Justices... |
2024 |
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| Jasmine E. Harris |
THE POLITICAL ECONOMY OF CONSERVATORSHIP |
71 UCLA Law Review 1364 (December, 2024) |
Conservatorship, though viewed as a private law device, has always operated as a tool of public governance, social control, and resource extraction through the manipulation of the legal category of disability. This Article places a well-accepted Anglo-American history of conservatorship in probate law in conversation with its historical deployment... |
2024 |
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| Charles H. Norchi |
THE PUBLIC ORDER OF THE ARCTIC: PROBLEMS AND PROSPECTS |
29 Ocean and Coastal Law Journal 171 (January, 2024) |
Introduction I. Order II. Prospects III. Futures This special issue of the Ocean and Coastal Law Journal (OCLJ) appraises the present and future of a region that is critically important for our planet: the Arctic. It is where climate change is intensely observed, the effects experienced, and no part of the planet remains untouched. The Arctic is... |
2024 |
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| James G. Dwyer |
THE REAL WRONGS OF ICWA |
69 Villanova Law Review 1 (2024) |
Haaland v. Brackeen rejected federalism-based challenges to the Indian Child Welfare Act (ICWA) but signaled receptivity to future challenges based on individual rights. The adult-focused rights claims presented in Haaland, however, miss the mark of what is truly problematic about ICWA. This Article presents an in-depth, children's-rights based... |
2024 |
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| Shana Birly , Angela Teeple , Judy Illes |
THE REALIZATION OF PORTABLE MRI FOR INDIGENOUS COMMUNITIES IN THE USA AND CANADA |
52 Journal of Law, Medicine & Ethics 816 (Winter 2024) |
Keywords: Neuroimaging, Health Equity, Neuroethics, Diversity, Neurodegeneration, Indigenous Abstract: The paucity of existing baseline data for understanding neurologic health and the effects of injury on people from Indigenous populations is causally related to the limited representation of communities in neuroimaging research to date. In this... |
2024 |
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| Dana Zartner, Aparna Venkatesan, John Barentine |
THE RIGHT TO THE NIGHT: NEW LEGAL ADVOCACY STRATEGIES TO ADDRESS TERRESTRIAL LIGHT POLLUTION |
48-FALL Environs Environmental Law and Policy Journal 30 (Fall, 2024) |
We are losing the night. While this may seem like a strange statement, it reflects a growing reality that could severely impact many living things on Earth. The global spread of electric lights, combined with the round-the-clock nature of life and the launch of thousands of satellites, has rapidly lightened our world. Light pollution has... |
2024 |
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| Steffen Seitz |
THE RULE OF LENITY AND AFFIRMATIVE DEFENSES |
102 Washington University Law Review 427 (2024) |
The rule of lenity is undergoing a renaissance. Lenity requires courts to construct ambiguous penal statutes narrowly. In recent years, scholars have sought to reinvigorate lenity as an important tool for combatting the American crisis in overcriminalization. At the same time, the Supreme Court has issued a series of decisions debating the breadth... |
2024 |
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| Michele Statz, PhD |
THE SCANDAL OF PARTICULARITY: A NEW APPROACH TO RURAL ATTORNEY SHORTAGES AND ACCESS TO JUSTICE |
69 South Dakota Law Review 396 (2024) |
This article adds necessary dimension to prevailing understandings of the rural attorney shortage and proposed solutions to it. These solutions include efforts to recruit and retain rural attorneys; to advance non-lawyer practitioners; and to create distance-spanning rural access to justice technologies. While many of these initiatives are based... |
2024 |
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| S. James Anaya |
THE SIGNIFICANCE OF THE UN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES |
118 AJIL Unbound 134 (2024) |
Rabiat Akande's article, An Imperial History of Race-Religion in International Law, persuasively demonstrates the interplay of racial and religious discrimination both historically and today, and argues that this race-religious nexus is not now adequately addressed by international law. Featured in the article is a historical account of the early... |
2024 |
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| Jerri L. Cook |
THE SPACE BETWEEN BIRTHRIGHT AND BLOOD QUANTUM |
97-JUN Wisconsin Lawyer 20 (June, 2024) |
Until 1974, the father's name was not included on birth certificates of children born in Wisconsin to unwed parents. This practice has particularly serious ramifications for Indigenous children who would otherwise qualify for tribal enrollment. Wisconsin lawyers can help bridge the gap between birthright and the fiction of blood quantum... |
2024 |
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| Meg A. Bloom |
THE SPLIT FROM PRECEDENT: AN ANALYSIS OF THE NEGATIVE IMPACT OKLAHOMA v. CASTRO-HUERTA WILL HAVE IN INDIAN COUNTRY |
48 American Indian Law Review 1 (2023-2024) |
For many years, the American Indian population has led the charts in rates of substance use disorders compared to other racial and ethnic groups. Combined data from 2003 to 2011 indicate that American Indians or Alaska Natives were more likely than persons from other racial/ethnic groups to have needed treatment for substance use. Similarly, a... |
2024 |
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| Travis Crum |
THE UNABRIDGED FIFTEENTH AMENDMENT |
133 Yale Law Journal 1039 (February, 2024) |
In the legal histories of Reconstruction, the Fifteenth Amendment is usually an afterthought compared to the Fourteenth Amendment. This oversight is perplexing: the Fifteenth Amendment ushered in a brief period of multiracial democracy and laid the constitutional foundation for the Voting Rights Act of 1965. This Article helps to complete the... |
2024 |
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| Pat Sekaquaptewa, Grace Carson |
THERE IS MORE TO THE STORY--YOU MAY THINK YOU KNOW WHAT IS GOING ON WITH CIRCLE PEACEMAKING, BUT ALASKA NATIVES HAVE OTHER IDEAS |
30 Dispute Resolution Magazine 17 (January, 2024) |
Restorative practices have been practiced by Native communities since time immemorial. It is these restorative practices that Western systems have looked to when attempting to implement their own restorative justice systems. But Indigenous restorative practices are not only a process that Native communities engage in after harm has taken place,... |
2024 |
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| Kraz Greinetz |
THIS SHEEP COMES AS A WOLF: WHY THE "LAWSUIT LOOPHOLE" TAKES THE BITE OUT OF THE MAJOR QUESTIONS DOCTRINE AND HOW TO FIX IT |
17 NYU Journal of Law & Liberty 343 (2024) |
C1-2Contents Introduction. 344 I. Major Questions Doctrine and its Relation to Statutory Interpretation. 346 A. What is the Major Questions Doctrine. 346 B. MQD's Uncertain Relationship to Statutory Interpretation. 348 C. MQD Would Apply in All Cases if It Was a Textual Canon. 352 D. MQD Would Apply in Lawsuits if It Was a Canon of Constitutional... |
2024 |
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| Kari Millstein |
THOSE WE FORGET: NEPA DOES NOT PROTECT REMOTE ALASKA NATIVE COMMUNITIES FROM EXPLOITATION BY RESOURCE EXTRACTION COMPANIES |
26 Vermont Journal of Environmental Law 1 (Fall, 2024) |
PRECIS. 2 I. BACKGROUND. 4 A. Extraction Projects are Especially Dangerous to Indigenous Communities. 4 B. Unique Legal Positions of Alaska. 6 C. Environmental Justice for Indigenous Americans. 9 D. Sorting out NEPA and Regulations Regarding EISs. 11 II. WHY THE WILLOW PROJECT'S EIS IS INADEQUATE. 12 A. The EIS for the Willow Project Fails to... |
2024 |
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| Katy Rotzin |
TODAY'S PIRATES: BIOPIRACY, BIOTECH, AND THE INTERNATIONAL FRAMEWORKS THAT ARE NOT UP TO THE CHALLENGE |
15 UC Law Science and Technology Journal 1 (February, 2024) |
This paper analyzes biopiracy and its effects on Indigenous populations through case studies on specific incidences of biopiracy, and an analysis of modern day agro-neocolonialism, seed piracy, and advances in biotech that are changing modern patent landscapes. This paper suggests that current international frameworks are failing to defend against... |
2024 |
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