| Author | Title | Citation | Summary | Year | Key Terms |
| Kennedy Ray Fite |
HAALAND v. BRACKEEN: THE DECISION THAT THREATENED THE INDIAN CHILD WELFARE ACT'S PROTECTIONS OF NATIVE FAMILIES IN ILLINOIS |
54 Loyola University Chicago Law Journal 1109 (Summer, 2023) |
The Indian Child Welfare Act has become a controversial piece of legislation since the Supreme Court heard oral argument on the case of Haaland v. Brackeen in November 2022 and released its decision in June 2023. The statute was originally enacted in 1978 to remedy the United States' tragic history of family separation in tribal communities,... |
2023 |
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| Emily Behzadi |
HIS SHIP HAS SAILED--EXPELLING COLUMBUS FROM CULTURAL HERITAGE LAW |
56 Vanderbilt Journal of Transnational Law 315 (March, 2023) |
Latin America is a region rich with cultural heritage that existed for centuries before its antiquities were looted, trafficked, and sold on the international market. The language used to classify these objects of cultural heritage has been a tool of oppression and erasure. In reference to those objects of historical importance, auction houses,... |
2023 |
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| Roger Michalski |
HOW TO SURVIVE THE CULTURE WARS: CONFLICT OF LAWS POST-DOBBS |
72 American University Law Review 949 (January, 2023) |
Abortion is the latest flashpoint in the culture wars. Post-Dobbs, red and blue states are hard at work codifying different approaches within their boundaries. However, pills, women, transactions, medical services, and information will cross those boundaries. Both sides already fight about who gets to regulate such boundary-crossing activity with... |
2023 |
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| Kieran O'Neil |
IN THE ROOM WHERE IT HAPPENS: HOW FEDERAL APPROPRIATIONS LAW CAN ENFORCE TRIBAL CONSULTATION POLICIES AND PROTECT NATIVE SUBSISTENCE RIGHTS IN ALASKA |
98 Washington Law Review 659 (June, 2023) |
Abstract: Federal-tribal consultation is one of the only mechanisms available to American Indian and Alaska Native communities to provide input on federal management decisions impacting their subsistence lands and resources. While the policies of many federal agencies require consultation, agencies routinely approach consultation as a procedural... |
2023 |
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| Claire Newfeld |
INDIAN BOARDING SCHOOL DEATHS AND THE FEDERAL TORT CLAIMS ACT: A ROUTE TO A REMEDY |
55 Arizona State Law Journal 355 (Spring, 2023) |
Since their founding, the United States, Canadian, and other governments have purported to act as the protectors of Indigenous peoples. While modern federal Indian policy favors self-determination and the preservation of Native culture and land, the vast majority of pre-1960s protective policies interpreted the Native way of life as inferior... |
2023 |
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| AshLynn M. Wilkerson |
INDIAN COUNTRY'S CONTINUED STRUGGLE WITH THE OPIOID CRISIS: FOCUSED PROBLEM AREAS, THE FEDERAL GOVERNMENT'S RESPONSE, AND WHAT MORE CAN BE DONE |
47 American Indian Law Review 301 (2022-2023) |
Tribes are running out of homes for children whose parents are battling opioid use, and increased rates of babies are born with neonatal abstinence syndrome--a postnatal withdrawal syndrome from in utero opioid exposure. Tribes feel preyed upon by pharmaceutical companies who have fueled the worst drug epidemic in American history and, as of... |
2023 |
|
| Alexander Mallory |
INDIAN LAW FROM BEHIND THE BENCH |
59-AUG Arizona Attorney 48 (July/August, 2023) |
In my previous Indian law article on this topic, I discussed legal writing tips for Indian law practitioners. In this edition, I expand on those tips by including advice for tribal court judges and practitioners. I begin with the introduction section of court orders, move to the legal standard and analysis sections, and conclude with stylistic... |
2023 |
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| Kekek Jason Stark |
INDIAN POLICING: AGENTS OF ASSIMILATION |
73 Case Western Reserve Law Review 683 (Spring, 2023) |
[T]he police force is a perpetual educator. It is a power entirely independent of the chiefs. It weakens, and will finally destroy, the power of tribes and bands . where the Indians themselves are the recognized agents for the enforcement of the law, they will more readily learn to be obedient of its requirements. --Report of the Commissioner of... |
2023 |
|
| Keiteyana I. Parks |
INDIGENOUS BOARDING SCHOOLS IN THE UNITED STATES AND CANADA: POTENTIAL ISSUES AND OPPORTUNITIES FOR REDRESS AS THE UNITED STATES GOVERNMENT INITIATES FORMAL INVESTIGATION |
47 American Indian Law Review 37 (2022-2023) |
[T]he first step to justice is acknowledging these painful truths and gaining a full understanding of their impacts so that we can unravel the threads of trauma and injustice that linger. The development of the United States as a country is entwined with a legacy of painful efforts to eradicate the cultures and the presence of individuals deemed... |
2023 |
|
| Vanessa Racehorse |
INDIGENOUS INFLUENCE ON THE RIGHTS OF NATURE MOVEMENT |
38-FALL Natural Resources & Environment 4 (Fall, 2023) |
The growing recognition of the rights of nature is a blend of both modern conservation efforts and principles reflected in traditional Indigenous stewardship that should be an essential component of the discourse around environmental justice. This article will provide an overview of the laws that invoke the rights of nature that Indigenous... |
2023 |
|
| Pete Heidepriem |
INDIGENOUS RIGHTS, INVESTOR-STATE DISPUTES, AND CANADIAN LAW |
68 South Dakota Law Review 51 (2023) |
Indigenous peoples encounter serious challenges in asserting their rights and interests in the context of investor-state arbitrations arising out of international investment. Foreign direct investment occurs all over the globe, and it often has a negative effect on Indigenous communities, but the communities are not given a seat at the table if an... |
2023 |
|
| William J. Fife III , Beylul Solomon |
INDIGENOUS RIGHTS: A PATHWAY TO END AMERICAN SECOND-CLASS CITIZENSHIP |
32 Southern California Review of Law & Social Justice 59 (Winter, 2023) |
Nearly 4 million American residents in U.S. territories are second-class citizens, lacking individual and collective voting rights and burdened with other gross socioeconomic and healthcare disparities. These disparities affect many honorable veterans that suffer from physical and mental injuries due to fighting for rights they themselves do not... |
2023 |
|
| Abigail M. Hunt, Robin M. Rotman |
INTERSECTIONAL MANAGEMENT: AN ANALYSIS OF COOPERATION AND COMPETITION ON AMERICAN PUBLIC LANDS |
42 Stanford Environmental Law Journal 121 (May, 2023) |
I. Introduction. 122 II. Overview of National Monuments and Other Federal Public Lands. 124 A. Federal Public Lands. 124 1. Federal land acquisition and disposition. 124 2. Management and use of federal public lands. 127 B. National Monuments and the Antiquities Act. 132 1. Legislative history. 133 2. Establishing national monuments. 135 3.... |
2023 |
|
| Emily Derrick |
INTRODUCING TIME-LIMITED PERMITS TO CALIFORNIA'S RIPARIANISM |
56 U.C. Davis Law Review 1391 (February, 2023) |
C1-3Table of Contents L1-2Introduction . L31393 I. Principles of Water Law. 1397 A. The Doctrine of Prior Appropriation. 1397 B. Varying Definitions of Public Interest Use. 1398 C. Reasonable Use Under Riparian Systems. 1399 D. Restrictions on Water Use in California. 1401 II. An Overhaul of California's Current Water Rights System Is Necessary and... |
2023 |
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| Māui Hudson, Stephanie Russo Carroll, Jane Anderson, University of Waikato, Te Kotahi Research Institute, NYU Engelberg Center for Innovation Law and Policy, & ENRICH Co-Director, University of Arizona, Public Health, Udall Center for Studies in Public Po |
INTRODUCTORY NOTE |
12 NYU Journal of Intellectual Property and Entertainment Law vi (2023) |
Indigenous Data Sovereignty has emerged in recent years as an important contribution to discourse at the intersection of ethics, digital rights, and Cultural Intellectual Property Rights. Data has become the new gold, a frontier for exploration and exploitation. Digitisation initiatives and open data movements are turning Information and knowledge... |
2023 |
|
| Elizabeth L. Rosenblatt |
IP LAW IN THE SHADOW OF NORMS |
40 Cardozo Arts and Entertainment Law Journal 657 (2023) |
Introduction. 657 I. What Norms Can Do. 661 II. What Norms Can't Do--At Least Not Without Help from Law. 665 III. Situating Law in the Shadow of Norms. 670 IV. What Questions Matter?. 678 Conclusion. 685 |
2023 |
|
| Danika Watson |
ISSUES IN IMPLEMENTING SPECIAL DOMESTIC VIOLENCE CRIMINAL JURISDICTION IN ALASKA'S TRIBAL COURTS |
40 Alaska Law Review 1 (June, 2023) |
Until 2022, all but one of the 229 Alaska tribes were barred from special domestic violence criminal jurisdiction (SDVCJ): Congress's jurisdictional tool for tribal courts to address domestic violence and hold perpetrators of violence against Alaska Native women criminally accountable. The reauthorization of the Violence Against Women Act (VAWA) in... |
2023 |
|
| Adam Crepelle |
IT SHOULDN'T BE THIS HARD: THE LAW AND ECONOMICS OF BUSINESS IN INDIAN COUNTRY |
2023 Utah Law Review 1117 (2023) |
Indian reservation economies have been in shambles for generations. Although some tribes operate successful gaming enterprises, no tribe has a vibrant private sector economy. Law and economics help explain why. Economics is the study of choices, and Indian country's complex legal rules deter businesses from investing on tribal land. After all, no... |
2023 |
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| Sheila Simon |
JOHNSON v. M'INTOSH: 200 YEARS OF RACISM THAT RUNS WITH THE LAND |
47 Southern Illinois University Law Journal 311 (Winter, 2023) |
The United States Supreme Court case of Johnson v. M'Intosh is a foundation of property law in the United States. It established the United States government as the only possible buyer of land from people native to the continent. As the only possible buyer, the United States government had the power to negotiate a low purchase price. The bargain... |
2023 |
|
| Daniel B. Rice |
JUDICIAL MORAL PROPHECY |
101 Washington University Law Review 177 (2023) |
American judges decry past moral lapses as intolerable. They paint their predecessors' worst mistakes as tragedies that must never be allowed to happen again. When given the chance to avoid new injustices, however, judges increasingly flaunt their moral indifference. They insist that legal fidelity requires them to ignore whether their own rulings... |
2023 |
|
| Craig Anthony (Tony) Arnold , Frank Bencomo-Suarez , Pierce Stevenson , Elijah Beau Eisert , Henna Khan , Rachel Utz , Rebecca Wells-Gonzalez |
JUSTICE, RESILIENCE, AND DISRUPTIVE HISTORIES: A SOUTH FLORIDA CASE STUDY |
34 Colorado Environmental Law Journal 213 (Spring, 2023) |
C1-2Table of Contents I. Introduction. 214 II. Social-Ecological Resilience and the Role of Justice. 217 III. Resilience Justice and Disruptive Histories. 226 IV. The Florida Everglades and Tribal Water Justice. 229 A. The Tribes. 229 B. The Everglades. 234 C. Tribal Water-Justice Struggles. 238 V. Miami and Climate Justice. 249 VI. Conclusion. 262 |
2023 |
|
| Lacey Rammell-O'Brien |
KEEPING "CURRENT" WITH THE IDAHO WATER ADJUDICATIONS |
66-SEP Advocate 14 (September, 2023) |
Greek philosopher Heraclitus of Ephesus is attributed with the expression, No man ever steps in the same river twice, for it's not the same river and he's not the same man. The Idaho Water Adjudications are much like Heraclitus' river, flowing and changing as they roll through the state. Long-time followers of the Idaho Water Adjudications know... |
2023 |
|
| Maeve Glass |
KILLING PRECEDENT: THE SLAUGHTER-HOUSE CONSTITUTION |
123 Columbia Law Review 1135 (May, 2023) |
This Essay offers a revisionist account of the Slaughter-House Cases. It argues that the opinion's primary significance lies not in its gutting of the Privileges or Immunities Clause but in its omission of a people's archive of slavery. Decades before the decision, Black abolitionists began compiling the testimonies of refugees who had fled... |
2023 |
|
| Elizabeth Kronk Warner , Jensen Lillquist |
LABORATORIES OF THE FUTURE: TRIBES AND RIGHTS OF NATURE |
111 California Law Review 325 (April, 2023) |
The arc of the moral universe is long but it bends toward justice. --Dr. Martin Luther King, Jr. Tribes are not vestiges of the past, but laboratories of the future. --Vine Deloria, Jr. From global challenges such as climate change and mass extinction, to local challenges such as toxic spills and undrinkable water, environmental degradation and the... |
2023 |
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| |
Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin |
50 Preview of United States Supreme Court Cases 51 (9/4/2023) |
Argued: April 24, 2023 Decided: June 15, 2023 Analysis: ABA PREVIEW 29, Issue 7 Overview: The petitioner, Lac du Flambeau Band of Lake Superior Chippewa Indians, is a federally recognized Indian tribe that operates Lendgreen, which makes Internet payday loans. The respondent borrowed $1,100 and filed a Chapter 13 bankruptcy shortly thereafter.... |
2023 |
|
| Jessica A. Shoemaker |
LAND REFORM IN THE FIFTH WORLD |
52 Southwestern Law Review 239 (2023) |
Our current property systems are strained by rapid climate change and growing inequality. If change is needed, how does it actually happen? Land reform is difficult to imagine, much less implement, within a physical landscape already so engineered and embedded with deep layers of tradition, experience, and law. In this short Essay, I argue that... |
2023 |
|
| Deborah Cowen |
LAW AS INFRASTRUCTURE OF COLONIAL SPACE: SKETCHES FROM TURTLE ISLAND |
117 AJIL Unbound 5 (2023) |
The people must fight for the law as for city-walls. Heraclitus's words remind us that law and infrastructure have lived in intimate relation, in practice and thought, for millennia. This intimacy is palpable in the context of settler worldmaking where colonial jurisdiction is enacted by constraining, with an eye to replacing, Indigenous... |
2023 |
|
| Jennifer M. Chacón |
LEGAL BORDERLANDS AND IMPERIAL LEGACIES: A RESPONSE TO MAGGIE BLACKHAWK'S THE CONSTITUTION OF AMERICAN COLONIALISM |
137 Harvard Law Review Forum 1 (November, 2023) |
What are the borderlands? In her brilliant and sweeping exploration of the constitution of American colonialism, Professor Maggie Blackhawk references the borderlands dozens of times. She ultimately looks to the borderlands for constitutional salvation, extracting six principles of borderlands constitutionalism that she urges us to reckon with... |
2023 |
|
| Dr. Julie Shackford-Bradley |
LEGAL VIOLENCE AND RESTORATIVE JUSTICE |
20 Hastings Race and Poverty Law Journal 103 (Spring, 2023) |
C1-2Table of Contents Introduction. 103 A Framework for Examining Legal Violence:. 106 The Scope and Scale of Legal Violence in Immigrant Communities. 106 Legal Violence as experienced by Indigenous Peoples in the US: A Focus on the Major Crimes Act of 1885. 109 Black Communities' experiences of Legal Violence through Mass Incarceration. 117 Arenas... |
2023 |
|
| Dr. Julie Shackford-Bradley |
LEGAL VIOLENCE AND RESTORATIVE JUSTICE |
34 Hastings Journal on Gender and the Law 103 (Spring, 2023) |
C1-2Table of Contents Introduction. 103 A Framework for Examining Legal Violence:. 106 The Scope and Scale of Legal Violence in Immigrant Communities. 106 Legal Violence as experienced by Indigenous Peoples in the US: A Focus on the Major Crimes Act of 1885. 109 Black Communities' experiences of Legal Violence through Mass Incarceration. 117 Arenas... |
2023 |
|
| Maggie Blackhawk |
LEGISLATIVE CONSTITUTIONALISM AND FEDERAL INDIAN LAW |
132 Yale Law Journal 2205 (May, 2023) |
The United States has reached a moment in its constitutional history when the Supreme Court has asserted itself as not only one of, but the exclusive, audience to ask and answer questions of constitutional meaning and constitutional law. This juricentric or court-centered constitutionalism has relegated the other, so-called political branches to... |
2023 |
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| Nadine Nadow, Hayley-Bo Dorrian-Bak, Eleanor Maloney |
LEVERAGING EARTH LAW PRINCIPLES TO PROTECT OCEAN RIGHTS |
53 Environmental Law Reporter (ELI) 10838 (November, 2023) |
Communities around the world are seeking to acknowledge nature's rights through legal tools and litigation. This Article provides an overview of recent developments in earth law movements, including Rights of Nature, Rights of Rivers, and Ocean Rights, and considers the potential impacts these ecocentric conservation measures could have on... |
2023 |
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| Bharath Gururagavendran |
LOCATING NOVEL PROTECTIONS FOR THE TRADITIONAL KNOWLEDGE OF INDIGENOUS COMMUNITIES IN CUSTOMARY INTERNATIONAL LAW |
27 UCLA Journal of International Law and Foreign Affairs 101 (Fall, 2023) |
The international community is currently in the process of establishing multiple frameworks for protecting the traditional knowledge (TK) of indigenous peoples including through initiatives such as the Nagoya Protocol (under the Convention on Biological Diversity (CBD)), and the Intergovernmental Committee on Intellectual Property and Genetic... |
2023 |
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| Tamera Begay , Matthew L.M. Fletcher |
MA'II AND NANABOOZHOO FISTFIGHT IN HEAVEN |
52 Southwestern Law Review 226 (2023) |
In the form of a cute, cuddly, and innocent waabooz, Nanaboozhoo munched on the chewy, bitter Tohdá'ákáiitsoh he found everywhere in this land, far from his own. Although, it was a bit dry. In this land, Dinétah, Nanaboozhoo thought he could see forever. There were few trees. The sky was bright blue and limitless. The air smelled like a kind of... |
2023 |
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| Adam Crepelle |
MAKING RED LIVES MATTER: PUBLIC CHOICE THEORY AND INDIAN COUNTRY CRIME |
27 Lewis & Clark Law Review 769 (2023) |
American Indians are victims of violence at higher rates than members of any other racial group. Nevertheless, Indian victims receive little media attention. Aside from the prevalence of violence against Indians, the violence is unique because of the rules governing Indian country law enforcement. Tribes, absent compliance with federally mandated... |
2023 |
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| Jessica Pacwa |
MARRIAGE AND DIVORCE |
24 Georgetown Journal of Gender and the Law 671 (Annual Review 2023) |
I. Introduction. 671 II. Same-Sex Marriage. 672 A. Background. 672 B. The Obergefell Holding. 673 C. Implementation and Enforcement Challenges Since Obergefell. 675 III. State Regulation of Marriage. 676 A. Jurisdiction and Recognition. 677 B. Rights Resulting from Formation. 680 C. Plural Marriage. 686 D. Covenant Marriage. 688 E. Status of Civil... |
2023 |
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| Kristin Green, Dr. Teresa Cavazos Cohn |
MEANINGFUL TRIBAL CONSULTATION AS PART OF NATIONAL FOREST PLANNING |
59 Idaho Law Review 105 (2023) |
C1-2TABLE OF CONTENTS I. INTRODUCTION. 105 II. BACKGROUND. 106 III. TRIBAL CONSULTATION WITHIN THE NATIONAL FOREST PLANNING PROCESS. 109 A. National Forest Planning. 109 B. National Environmental Policy Act. 111 IV. TRIBAL CONSULTATION WITH THE COCONINO NATIONAL FOREST. 112 A. Tribal Consultation in the Snowbowl Review Process. 113 B. The Snowbowl... |
2023 |
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| Karina Theurer |
MINIMUM LEGAL STANDARDS IN REPARATION PROCESSES FOR COLONIAL CRIMES: THE CASE OF NAMIBIA AND GERMANY |
24 German Law Journal 1146 (November, 2023) |
(Received 14 February 2023; accepted 07 June 2023; first published online 06 November 2023) In 2021, the German and Namibian governments published a Joint Declaration as a result of their negotiations on reparations. Ovaherero and Nama representatives strongly criticized the violation of their participation rights during the negotiations and the... |
2023 |
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| Tracy Feldman |
NATIVE AMERICAN GRAVESITES: SHIELDING LIMINAL SPACES THROUGH EXPANSION OF HISTORIC PRESERVATION ORDINANCES & ZONING CODES THAT DESIGNATE CULTURAL RESOURCES PROTECTION OVERLAY DISTRICTS & READAPT CEMETERY DEDICATION LAWS WITHIN THEIR PROVISIONS |
51 Real Estate Law Journal 203 (Spring, 2023) |
January 17, 2023 Generally gravesites and cemeteries are not considered to be places that would be listed under the National Register of Historic Places (NRHP) unless they meet certain criteria. Some of the Native American burial sites would fall under Criteria D which is defined as follows Properties may be eligible for the National Register... |
2023 |
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| Angela R. Riley |
NATIVE NATIONS AND TRIBAL CULTURAL PROPERTY LAW |
16 Landslide 22 (September/October, 2023) |
The world is experiencing a decolonization movement, as former colonies and Indigenous Peoples seek to regain cultural identities and political power that was stripped in the colonial period. This endeavor has particular resonance for Indigenous Peoples, who, as the New York Times recently reported, are increasingly calling on courts and... |
2023 |
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| Monika U. Ehrman |
NATURAL RESOURCE PROPERTY CUSTOMS |
41 UCLA Journal of Environmental Law & Policy 1 (2023) |
This Article examines the role that property customs played in the development of American mining law. It analyzes how small communities of international miners developed systems of property governance and how those customary systems led to the shaping of mineral ownership and mining legislation in America. Natural resource communities often rely... |
2023 |
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| Philip S. Mullenix , Ezra Rosser |
NAVAJO STATEHOOD: FROM DOMESTIC DEPENDENT NATION TO 51ST STATE |
101 Oregon Law Review 307 (2023) |
Introduction. 308 I. Requirements of Statehood. 312 II. Navajo Statehood. 322 A. Federal Indian Law. 323 B. Navajo Nation Government and Law. 327 1. Executive Branch. 329 2. Judicial Branch. 329 3. Legislative Branch. 331 C. Neighboring Governments. 333 1. Hopi Nation. 333 2. Arizona, New Mexico, and Utah. 334 III. Procedural Pathway to Dinétah... |
2023 |
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| Kelsey McKechnie |
NO-MAN'S-LAND: TEXAS, MEXICO, AND INTERNATIONAL DEAL-MAKING |
11 Texas A&M Law Review 223 (Fall, 2023) |
In 2012, the United States and Mexico negotiated an agreement to determine how to address the transboundary hydrocarbon reservoirs in the Gulf of Mexico. This agreement generally comported with international law's commitment to safe, efficient, and effective exploitation. Notably, however, the agreement did not cover any possible transboundary... |
2023 |
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| Amna A. Akbar |
NON-REFORMIST REFORMS AND STRUGGLES OVER LIFE, DEATH, AND DEMOCRACY |
132 Yale Law Journal 2497 (June, 2023) |
Today's left social movements are challenging formal law and politics for their capitulation to a regime of racial capitalism. In this Feature, I argue that we must reconceive our relationship to reform and the popular struggles in which they are embedded. I examine the turn of left social movements to non-reformist reforms as a framework for... |
2023 |
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| Maximilien Zahnd |
NOT "CIVILIZED" ENOUGH TO BE TAXED: INDIGENEITY, CITIZENSHIP, AND THE 1919 ALASKA SCHOOL TAX |
48 Law and Social Inquiry 937 (August, 2023) |
In 1919, the Territory of Alaska enacted a tax to finance its school system, in which Native children could attend public schools alongside non-Native children only if they were of mixed blood and led a civilized life. As originally enacted, the scope of the tax included every man within a certain age bracket, meaning that all Native men would... |
2023 |
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| Logan C. Hibbs |
NOT SO CLEAR AND PLAIN: EXPLORING THE CIRCUIT SPLIT ON THE APPLICABILITY OF FEDERAL LABOR & EMPLOYMENT LAWS TO TRIBES |
75 Oklahoma Law Review 905 (Summer, 2023) |
As tribes have increased their economic independence over the last few decades, tribal governments have started to hire more employees than ever before. In Oklahoma alone, tribes employed over 54,000 Indian-and non-Indian workers, and paid out 5.4 billion in wages and benefits to those employees in 2019 And, in Washington, Minnesota, and Idaho,... |
2023 |
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| Stacy Leeds, Robert Miller, Kevin Washburn, Derrick Beetso, Panelists , Moderator |
OKLAHOMA v. CASTRO-HUERTA--REBALANCING FEDERAL--STATE--TRIBAL POWER |
23 Journal of Appellate Practice and Process 47 (Winter, 2023) |
This is a transcript of a discussion hosted by the Indian Legal Program, and the Indian Gaming and Tribal Self-Governance Programs, at the Sandra Day O'Connor College of Law, Arizona State University, held on July 7, 2022. It is lightly edited for brevity and clarity. DERRICK BEETSO: Good afternoon and welcome to today's presentation Oklahoma v.... |
2023 |
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| Charles Duan |
ON THE APPEAL OF DRUG PATENT CHALLENGES |
72 American University Law Review 1177 (April, 2023) |
Administrative patent challenge proceedings, the most prominent form of which is inter partes review, have attracted much controversy. In particular, the pharmaceutical industry and its supporters have criticized the proceedings as unfairly biased toward canceling valuable drug patents. Yet there has been little study of the real-world, practical... |
2023 |
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| Tammy W. Cowart |
ONE BUFFALO IN TEXAS: LEGAL AND ETHICAL ISSUES IN NATIVE AMERICAN GAMING OPERATIONS |
16 Journal of Business, Entrepreneurship and the Law 1 (Fall, 2022 & Spring, 2023) |
There are three federally recognized Native American tribes in Texas: the Alabama-Coushatta, the Ysleta del Sur Pueblo, and the Texas band of Oklahoma Kickapoo. The Kickapoo tribe is the only one allowed to operate a gaming center within the state of Texas, due solely to a federal law that the federal government passed thirty years ago. The... |
2023 |
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| Hon. Donna M. Loring , Hon. Eric M. Mehnert , Joseph G.E. Gousse, Esq. |
ONE NATION, UNDER FRAUD: A REMONSTRANCE |
75 Maine Law Review 241 (June, 2023) |
Abstract Introduction I. A River Runs Through It: An Historical Contextual Analysis of Tribal-Euromerican Relations--Statehood, Feeding the Lumber Boom, and the Theft of the Four TownshipsS (1820-1842) A. The Theft of the Four Townships: Fraudulent Dispossession of the Penobscot People B. The Lumber Boom and Maine's Rise to Economic Dominance II. A... |
2023 |
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