| Author | Title | Citation | Summary | Year | Key Terms |
| Kekek Jason Stark , Autumn L. Bernhardt , Monte Mills , Jason Robison |
RE-INDIGENIZING YELLOWSTONE |
22 Wyoming Law Review 397 (2022) |
I. Introduction. 398 II. Yellowstone as Native Space. 402 A. Native Connections. 403 B. Legal Landscape. 411 1. Inherent Tribal Sovereignty. 412 2. Aboriginal Title and Rights. 412 3. Treaty Relationship. 414 4. Trust Responsibility. 418 III. Federal-Tribal Relations in Yellowstone. 419 A. Trespass (1872-1900). 421 B. Separation (1900-1990). 429 C.... |
2022 |
Yes |
| Sam J. Carter , Robin M. Rotman |
RESURFACING SOVEREIGNTY: WHO REGULATES SURFACE MINING IN INDIAN COUNTRY AFTER MCGIRT? |
83 Montana Law Review 265 (Summer, 2022) |
With that one ruling, what we thought that's happened over the last 114 years since statehood was that we were able to regulate industry, we were able to tax, we were able to prosecute crimes. And that's all kind of thrown up into question. This is the concern that Governor Kevin Stitt voiced to the press following the decision in McGirt v.... |
2022 |
Yes |
| David H. Moore , Michalyn Steele |
REVITALIZING TRIBAL SOVEREIGNTY IN TREATYMAKING |
97 New York University Law Review 137 (April, 2022) |
In the current model of federal-Indian relations, the United States claims a plenary legislative power, as putative guardian, to regulate Indian tribes. Under this model, tribes are essentially wards in a state of pupilage. But the federal-tribal relationship was not always so. Originally, the federal government embraced, even promoted, a more... |
2022 |
Yes |
| Brian L. Pierson |
RIGHT-OF-WAY SOVEREIGNTY |
2022 Wisconsin Law Review 225 (2022) |
Introduction. 225 I. Historical Summary of Laws Governing Rights-of-Way Through Indian Country. 228 II. Rights-of-Way in Wisconsin Indian Country. 231 III. Sovereignty Enhancement Under the 2016 Part 169 Regulations. 235 Conclusion. 237 |
2022 |
Yes |
| Amanda Lyons |
RURALITY AS AN INTERSECTING AXIS OF INEQUALITY IN THE WORK OF THE U.N. TREATY BODIES |
79 Washington and Lee Law Review 1125 (Summer, 2022) |
Rurality intersects with other identities, power dynamics, and structural inequalities--including those related to gender, race, disability, and age--to create unique patterns of human rights deprivations, violations, and challenges in rural spaces. Therefore, accurately assessing human rights and duties in rural spaces requires attention to the... |
2022 |
Yes |
| Pippa Browde |
SACRIFICING SOVEREIGNTY: HOW TRIBAL-STATE TAX COMPACTS IMPACT ECONOMIC DEVELOPMENT IN INDIAN COUNTRY |
74 Hastings Law Journal 1 (December, 2022) |
Economic development is a critical component of tribal sovereignty. When a state asserts taxing authority within Indian Country, there is potential for overlapping, or juridical, taxation over the same transaction. Actual or even potential juridical taxation threatens economic development opportunities for tribes. For many years, tribes and states... |
2022 |
Yes |
| Aila Hoss |
SECURING TRIBAL CONSULTATION TO SUPPORT TRIBAL HEALTH SOVEREIGNTY |
14 Northeastern University Law Review 155 (February, 2022) |
Introduction 159 I. Tribal Governments and Federal Indian Law 161 II. Tribal Consultation and the Law 163 A. United Nations Declaration on the Rights of Indigenous Peoples 164 B. Federal Executive Branch Requirements 166 C. Federal Statutory Requirements 169 D. State Requirements 170 III. Limitations of Existing Consultation Mandates 175 IV.... |
2022 |
Yes |
| Olivia Meadows |
SELF-DETERMINED HEALTH: REEVALUATING CURRENT SYSTEMS AND FUNDING FOR NATIVE AMERICAN HEALTH CARE |
48 American Journal of Law & Medicine 91 (2022) |
For years, the federal government has failed to uphold its promises to provide health care to Native Americans. These promises are echoed in treaties, the Constitution, and judicially-created law. As a result of this breach of promise and chronically underfunding, there are significant health disparities between indigenous populations and other... |
2022 |
Yes |
| Çaca Yvaire |
SENTIENT RAINS |
30 New York University Environmental Law Journal 337 (2022) |
There are perhaps multiple explanations behind the rise of the modern nation-state. The modern nation-states of today exist due to colonization. As nations such as Great Britain spread across the world, they would conquer territories and introduce their own institutions there. Under colonialism, local populations did not have the sovereignty to... |
2022 |
Yes |
| Riccardo Vecellio Segate |
SHIFTING PRIVACY RIGHTS FROM THE INDIVIDUAL TO THE GROUP: A RE-ADAPTATION OF ALGORITHMS REGULATION TO ADDRESS THE GESTALTIAN CONFIGURATION OF GROUPS |
8 Loyola University Chicago Journal of Regulatory Compliance 55 (Spring, 2022) |
Engineers have long demonstrated that anonymizing bulk data is insufficient a condition for ensuring that specific individuals are not isolated and re-identified out of broader amounts of data and metadata. However, this approach still focuses on the most traditional conception of privacy, rooted in the individual as sovereign over their own... |
2022 |
Yes |
| Haley Stewart |
SOVEREIGNS OF NO TERRITORY: ALASKA NATIVES, ANCSA, AND TRIBAL SELF-DETERMINATION |
12 Arizona Journal of Environmental Law & Policy 247 (Summer, 2022) |
This Note examines Alaska Native systems of private land ownership as imposed through the Alaska Native Claims Settlement Act (ANCSA) and evaluates existing and potential alternatives in the interest of self-determination, sovereignty, and land ownership. ANCSA was passed in 1971 to resolve conflicts over the land in Alaska, and it established a... |
2022 |
Yes |
| Anupam Chander , Haochen Sun |
SOVEREIGNTY 2.0 |
55 Vanderbilt Journal of Transnational Law 283 (March, 2022) |
Digital sovereignty--the exercise of control over the internet--is the ambition of the world's leaders, from Australia to Zimbabwe, seen as a bulwark against both foreign states and foreign corporations. Governments have resoundingly answered first-generation internet law questions of who, if anyone, should regulate the internet. The answer: they... |
2022 |
Yes |
| Sam Erman |
STATUS MANIPULATION AND SPECTRAL SOVEREIGNS |
53 Columbia Human Rights Law Review 813 (Spring, 2022) |
This Essay examines how empire invisibly perpetuates itself through status manipulation. Status refers to formal polity-person and polity-place relationships, perceived to be well-defined, pre-established, unchanging, and consequential. Such relationships are envisioned as automatically creating rights and powers, as well as obligations,... |
2022 |
Yes |
| Isabella Zink |
STORM WARNING: NEW ZEALAND'S TREATMENT OF "CLIMATE REFUGEE" CLAIMS AS A VIOLATION OF INTERNATIONAL LAW |
37 American University International Law Review 441 (2022) |
I. INTRODUCTION. 442 II. BACKGROUND. 445 A. Effects of slow-onset climate change on Pacific Island atoll nations. 445 B. Government mitigation plans for climate change affecting Pacific Island atoll nations. 447 C. Protections offered to climate refugees under current international legal frameworks. 449 D. New Zealand's domestic immigration and... |
2022 |
Yes |
| Jon W. Katchen , Nicholas Ostrovsky |
STRANGERS IN THEIR OWN LAND: A SURVEY OF THE STATUS OF THE ALASKA NATIVE PEOPLE FROM THE RUSSIAN OCCUPATION THROUGH THE TURN OF THE TWENTIETH CENTURY |
39 Alaska Law Review 1 (June, 2022) |
The federal government's scattershot treatment of Alaska Natives has long created confusion over the legal status and rights of Alaska Natives and Alaska Native entities. This confusion was center stage in the recent Supreme Court case, Yellen v. Confederated Tribes of the Chehalis Reservation, involving Indian Tribe entitlement to CARES Act... |
2022 |
Yes |
| Elizabeth Hidalgo |
SUPPORTING NATIVE AMERICAN COMMUNITIES DURING THE CORONAVIRUS PANDEMIC: CHECKPOINTS, TRIBAL SOVEREIGNTY, AND THE IMPLICATIONS OF MCGIRT v. OKLAHOMA |
21 Houston Journal of Health Law & Policy 449 (2022) |
Introduction. 451 I. Overview of the COVID-19 Pandemic in South Dakota. 455 A. Cheyenne River Sioux Tribe's Pandemic Response. 457 1. Preparations. 457 2. Basis for Heightened Concern. 457 B. Checkpoint Implementation and Controversy. 458 II. Impact on Native American Communities. 462 A. Impact on the Cheyenne River Sioux Tribe. 462 B. Crisis in... |
2022 |
Yes |
| Emily Reevesiginal |
TAKING BACK SOVEREIGNTY: THE IMPORTANCE OF NATIVE VOICES IN ADDRESSING ENVIRONMENTAL HARMS TO NATIVE LAND |
52 California Western International Law Journal 615 (Spring, 2022) |
C1-2Table of Contents Introduction. 616 I. History of Tribal Sovereignty. 619 II. Tribal Sovereignty and Environmental Rights. 620 III. Description of Controversy. 623 A. The Enbridge Pipeline. 624 B. Department of Natural Resources v. White Earth Band of Ojibwe. 625 IV. Repercussions of Department of Natural Resources v. White Earth Band of... |
2022 |
Yes |
| Alex Tallchief Skibine |
TEXTUALISM AND THE INDIAN CANONS OF STATUTORY CONSTRUCTION |
55 University of Michigan Journal of Law Reform 267 (Winter, 2022) |
When interpreting statutes enacted for the benefit or regulation of Indians or construing treaties signed with Indian nations, courts are supposed to apply any of five specific canons of construction relating to Indian Affairs. Through examining the modern line of Supreme Court cases involving statutory or treaty interpretation relating to Indian... |
2022 |
Yes |
| Thomas F. McInerney |
THE EMERGENCE OF INTELLIGENT TREATY SYSTEMS AND THE FUTURE OF INTERNATIONAL LAW |
2022 University of Illinois Journal of Law, Technology and Policy 259 (Fall, 2022) |
Ensuring that multilateral regulatory treaties fulfill their stated purposes is important to solving many intractable global problems. Despite immense challenges, the prospects for achieving these aims have improved in recent years with the emergence of what I term Intelligent Treaty Systems (ITS). I define ITS to include five core capacities... |
2022 |
Yes |
| Connor Marcum |
THE ENDS AND THE MEANS: INDIGENOUS SOVEREIGNTY, CLIMATE-RELATED LEGAL ACTIONS, AND FRAMEWORKS OF JUSTICE |
29 Indiana Journal of Global Legal Studies 261 (Winter, 2022) |
Philosophy professor Timothy Morton uses climate change as his foremost example of what he calls a hyperobject: an object that occupies both more physical space and more time than humans can usefully comprehend. For example, one can understand local meteorological occurrences in isolation without necessarily understanding that a given storm was... |
2022 |
Yes |
| Shira Cohen |
THE FAILINGS OF THE UNITED STATES JUSTICE SYSTEM: LOBATO v. TAYLOR AND MEXICAN COMMUNITY LAND GRANTS |
93 University of Colorado Law Review 841 (Summer, 2022) |
Introduction. 842 I. The Broken Promises of the Treaty of Guadalupe-Hidalgo. 845 A. Communal Land Ownership in Mexico. 846 B. The Treaty and Its Import to Community Land Grants. 847 C. Disregard of Community Land Grants and Treaty Violations. 849 1. Tameling and the Removal of Courts from the Land-Grant Confirmation Process. 849 2. Sandoval and... |
2022 |
Yes |
| Timothy Sandefur |
THE FEDERALISM PROBLEMS WITH THE INDIAN CHILD WELFARE ACT |
26 Texas Review of Law and Politics 429 (Spring, 2022) |
Author's Note. 430 Introduction. 430 I. What ICWA Does. 431 II. ICWA Exceeds the Commerce Clause. 435 A. The One and Only Commerce Clause. 435 B. The Non-textual Plenary Power. 437 C. Even Under the Treaty Power, ICWA Would Be Unconstitutional. 448 III. ICWA Violates the Anti-commandeering Principle. 453 A. The Anti-commandeering Principle. 453... |
2022 |
Yes |
| Adam Crepelle |
THE LAW AND ECONOMICS OF CRIME IN INDIAN COUNTRY |
110 Georgetown Law Journal 569 (March, 2022) |
C1-2Table of Contents Introduction. 569 I. Crime in Indian Country. 576 II. Tribal Sovereignty and Criminal Justice. 579 III. The Economics of Crime. 586 IV. The Law and Economics of Crime in Indian Country. 589 V. Solutions. 601 a. jurisdictional fix. 603 b. more cops. 606 c. improve tribal economies. 609 Conclusion. 611 |
2022 |
Yes |
| David E. Spencer |
THE OECD DRAFT MODEL RULES FOR NEXUS AND REVENUE SOURCING: INTANGIBLE PROPERTY |
33 Journal of International Taxation 32 (September, 2022) |
The OECD Draft Model Rules for Nexus and Revenue Sourcing (Model Rules for Nexus and Revenue Sourcing) cover Intangible Property. But the treatment in those Model Rules of income from Intangible Property is related to other proposals to modify the treatment of Intellectual Property for other purposes, as discussed below. Therefore, the... |
2022 |
Yes |
| Ari Spitzer |
THE PERSONAL QUESTION DOCTRINE |
14 Northeastern University Law Review 549 (June, 2022) |
Introduction I. Evolution of Popular Sovereignty A. Creation Myth B. Chisholm Prelude C. Reinvention of Popular Sovereignty as a Structural Principle--Federalism D. A Spectacular Failure: Civil War E. Consigned to Desuetude F. Conservatives Revive our Popular Sovereignty 1. Dual Sovereignty 2. Anti-Commandeering 3. Sovereign Immunity 4. Equal... |
2022 |
Yes |
| Dr. Gavin Clarkson |
THE PROBLEM OF DOUBLE-TAXATION IN INDIAN COUNTRY |
69-APR Federal Lawyer 32 (March/April, 2022) |
Despite the moral rectitude of the tribal position that federal treaty obligations require financial support for services such as tribal healthcare, economic dependency on the federal government is not a viable long-term strategy for tribal nations. If tribal sovereignty is to mean something, at a minimum, it should mean the ability of a tribe to... |
2022 |
Yes |
| Yanay Israeli |
THE REQUERIMIENTO IN THE OLD WORLD: MAKING DEMANDS AND KEEPING RECORDS IN THE LEGAL CULTURE OF LATE MEDIEVAL CASTILE |
40 Law and History Review 37 (February, 2022) |
The requerimiento (requirement) was among the most famous legal instruments of Spanish colonization in the Americas, a legal ritual of conquest designed to both assert and legitimate rule over others. Upon first contact with indigenous groups, invading parties would read a written statement asserting Spanish sovereignty over the islands and... |
2022 |
Yes |
| Adam Crepelle |
THE RESERVATION AND THE RULE OF LAW |
70 Louisiana Bar Journal 192 (October/November, 2022) |
The rule of law is vital to social stability and economic development. The Supreme Court's 2020 decision in McGirt v. Oklahoma cast a cloud of uncertainty over which law to follow in eastern Oklahoma--tribal, state or federal. McGirt arose because Oklahoma acted as though the Muscogee Nation's treaty guaranteed reservation had been disestablished... |
2022 |
Yes |
| Clare J. Soria |
THE ROLE OF THE LAW IN NATIVE SOVEREIGNTY: A COMPARISON OF CANADIAN AND AMERICAN APPROACHES TO SOVEREIGNTY |
46 Canada-United States Law Journal 253 (2022) |
C1-2Table of Contents Abstract. 254 I. Introduction. 254 II. What Sovereignty Means to Natives and the Contemporary Landback Movement. 255 a. Preservation of Culture, Autonomy and Freedom. 255 b. The Landback Movement Today. 256 III. Canada and the United States: A Fundamentally Different Legal Approach to Establishing Sovereignty - Comparison of... |
2022 |
Yes |
| Scotti Hill |
THE ROUND HOUSE BY LOUISE ERDRICH |
35-AUG Utah Bar Journal 44 (July/August, 2022) |
Jurisdiction is among the first legal doctrines instilled in the minds of eager 1Ls. While many recall the difference between personal and subject matter jurisdiction, the issue of indigenous sovereignty has puzzled American law students and is often given short shrift in legal coursework due to its relative complexity and fraught history. The work... |
2022 |
Yes |
| Heather J. Tanana, Elisabeth Paxton Parker |
THE UNFULFILLED PROMISE OF INDIAN WATER RIGHTS SETTLEMENTS |
37-FALL Natural Resources & Environment 12 (Fall, 2022) |
When the Ute Bands signed the treaty establishing the Ute Reservation in 1868, the United States promised the Ute people that the Reservation would be a permanent home that would support our people forever. The key to carrying out that promise is water--a fact that the Tribal leadership has always known but which the United States has sometimes... |
2022 |
Yes |
| William J. Aceves |
THE WATTS GANG TREATY: HIDDEN HISTORY AND THE POWER OF SOCIAL MOVEMENTS |
57 Harvard Civil Rights-Civil Liberties Law Review 115 (Summer, 2022) |
On the eve of the 1992 Los Angeles uprising, a small group of gang leaders and community activists drafted an agreement to curtail violence in south Los Angeles. Several gangs in Watts accepted the truce and established a cease-fire agreement. By most accounts, the 1992 Watts Gang Treaty succeeded in reducing gang violence in Los Angeles. Local... |
2022 |
Yes |
| John W. Davis |
TOM HORN, CATTLE KATE, AND LAW AND ORDER IN EARLY WYOMING |
45-OCT Wyoming Lawyer 38 (October, 2022) |
In early Wyoming, the territory and then the state suffered from profound problems with law and order. Lawyers and judges, more than any other groups, finally established and enforced rules stopping widespread lawlessness in the Cowboy State. This resort to violence had deep historical predicates. A good place to start is the Fort Laramie Treaty of... |
2022 |
Yes |
| Aila Hoss |
TOWARD TRIBAL HEALTH SOVEREIGNTY |
2022 Wisconsin Law Review 413 (2022) |
Introduction. 413 I. Tribal Sovereignty and Federal Indian Law. 416 II. Tribal Inherent Public Health Authority. 418 III. Indian Health Systems. 421 IV. Federal Indian Health Reform. 426 A. Health Reform Generally. 427 B. Amend 25 U.S.C. §231. 431 C. Ensure Tribal Public Health Data Access and Governance. 435 D. Reform Tribal Medicaid Policies. 437... |
2022 |
Yes |
| Kirsten D. Gerbatsch |
TREATY-BASED CLIMATE CHANGE CLAIMS: LITIGATION PATHWAYS IN THE FACE OF CULTURAL DEVASTATION |
45 Public Land & Resources Law Review 155 (2022) |
My ancestor . who signed the treaty . accepted the word of the United States--that this treaty would protect not only the Indian way of life for those then living, but also for all generations yet unborn. --Jerry Meninick, Citizen of the Yakama Nation I. Introduction. 156 II. Climate Change: Tribes' Unique Standing Includes Threats, Connections,... |
2022 |
Yes |
| Michael C. Blumm , Lizzy Pennock |
TRIBAL CONSULTATION: TOWARD MEANINGFUL COLLABORATION WITH THE FEDERAL GOVERNMENT |
33 Colorado Environmental Law Journal 1 (Winter, 2022) |
One of the bedrock principles of federal Indian law is a centuries-old understanding that the tribes, as domestic dependent nations, have a government-to-government relationship with the federal government, which has a trust obligation concerning the tribes, their sovereignty, and their cultural resources. Although this relationship was first... |
2022 |
Yes |
| |
TRIBAL SOVEREIGN IMMUNITY: WHAT IS IT, AND WHAT ARE ITS LIMITATIONS? |
47-JUL Montana Lawyer 14 (June/July, 2022) |
This month, Kathryn Seaton (KS), Montana Legal Services Association, and Jessie Big Knife (JBK), Chippewa Cree Tribal Attorney, discuss the ins and outs of tribal sovereign immunity. KS: Before we dive into a discussion on tribal sovereign immunity, let's start with the concept of sovereignty. What is sovereignty? What is its relationship and... |
2022 |
Yes |
| Robert J. Miller |
TRIBAL SOVEREIGNTY AND ECONOMIC EFFICIENCY versus THE COURTS |
97 Washington Law Review 775 (October, 2022) |
Abstract: American Indian reservations are the poorest parts of the United States, and a higher percentage of Indian families across the country live below the poverty line than any other ethnic or racial sector. Indian nations and Indian peoples also suffer from the highest unemployment rates in the country and have the highest substandard housing... |
2022 |
Yes |
| Clare Holtzman |
TRIBAL SOVEREIGNTY AND THE RIGHT TO LIFE |
32 Duke Journal of Comparative & International Law 467 (Spring, 2022) |
On August 26, 2020, the only Native American on federal death row, Lezmond Mitchell was executed by the federal government for the murder of two Navajo citizens on Navajo Nation land. Federal law typically gives Tribal Nations the right to determine whether the death penalty is used against their citizens for crimes committed between Tribal... |
2022 |
Yes |
| Kace Rodwell , Michael Colbert Smith , Stephanie Hudson |
TRIBUTES TO STEVE HAGER |
46 American Indian Law Review 337 (2022) |
I first met Steve Hager at Sovereignty Symposium when he was presenting on the Indian Child Welfare Act (ICWA) for the Juvenile Law panel. I was just a 1L law student then, inspired by his passion for advocating for Tribal families and enforcing laws enacted to protect them. I knew then that I wanted to work alongside Steve and would later get that... |
2022 |
Yes |
| Peter Niesen |
TWO CHEERS FOR LOST SOVEREIGNTY REFERENDUMS: CAMPAIGNS FOR INDEPENDENCE AND THE POUVOIR CONSTITUANT MIXTE |
23 German Law Journal 44 (February, 2022) |
(Received 08 May 2021; accepted 23 August 2021) In this article, I bring together three recent ideas from political theory and constitutional law. The first is the notion developed by Jürgen Habermas and Markus Patberg of a pouvoir constituant mixte. Complex polities such as supra-state federations should be understood as constitutional entities... |
2022 |
Yes |
| Matthew L.M. Fletcher |
UNCOMFORTABLE TRUTHS ABOUT SOVEREIGNTY AND WEALTH |
27 Roger Williams University Law Review 288 (Spring, 2022) |
In 2007 my brother, Zeke Fletcher, represented the Grand Traverse Band of Ottawa and Chippewa Indians (GTB). He observed a public meeting in Whitewater Township, Grand Traverse County, Michigan. The meeting was concerned with the Department of the Interior's planned acquisition of lands in trust for GTB's benefit in an area where the tribe already... |
2022 |
Yes |
| David P. Stewart , Diana A. A. Reisman |
WHO THINKS TREATIES ARE LIKE CONTRACTS? NOT JOHN MARSHALL |
37 American University International Law Review 945 (2022) |
I. INTRODUCTION. 946 II. WHY TREATIES ARE NOT LIKE CONTRACTS TODAY. 950 A. Differences in Nature and Purpose. 951 B. Substantive Rules and Principles. 958 i. Competence, Formation, and Validity. 959 ii. Third Parties. 962 iii. Non-Performance or Breach. 963 C. Rules and Methods of Interpretation. 970 i. Basic Rule. 973 ii. Negotiating History vs.... |
2022 |
Yes |
| Lorenzo E. Gudino |
WHO, WHAT, WHERE, AND HOW: THE FUNDAMENTAL ELEMENTS FOR CONTRACTS IMPLICATING TRIBAL SOVEREIGN IMMUNITY |
2022 Wisconsin Law Review 239 (2022) |
Introduction. 239 I. Tribal Sovereign Immunity's Doctrinal Underpinnings in the Commercial Context. 243 II. Waiver Jurisprudence. 247 III. Model Elements of Tribal Sovereign Immunity Contract Provisions. 250 A. Who Is Immune?. 251 B. What Is the Tribe Waiving or Not Waiving?. 255 C. Where Will Dispute Resolution Occur?. 257 D. How Will Enforcement... |
2022 |
Yes |
| Mengyun Ma |
WORKFORCE EQUALITY: THE CONSTITUTIONAL CONCEPTION OF EDUCATIONAL EQUALITY IN MAO-ERA CHINA |
17 University of Pennsylvania Asian Law Review 283 (2022) |
Introduction. 283 I. The Goal of Industrialization in the Constitutional Vision. 292 II. Conceiving Workforce Equality: Empowering Workers Through Education. 298 A. Popularizing Education for the Masses. 301 B. Combining Education with Industrial Production. 311 III. Whither Equality: Bridging the Gap Between Education and Employment. 319... |
2022 |
Yes |
| |
YSLETA DEL SUR AND ALABAMA AND COUSHATTA INDIAN TRIBES OF TEXAS RESTORATION ACT--FEDERAL INDIAN LAW--STATUTORY INTERPRETATION--YSLETA DEL SUR PUEBLO v. TEXAS |
136 Harvard Law Review 490 (November, 2022) |
It is hornbook law that standard principles of statutory interpretation do not have their usual force in cases involving Indian law. The Indian canons of construction counsel liberal interpretation of statutes and treaties in favor of Native nations. But no matter what the hornbooks say, the Supreme Court relies on the canons only sporadically... |
2022 |
Yes |
| Clifford J. Villa |
"DON'T BLAME THE FLINT RIVER" |
52 Environmental Law 341 (Summer, 2022) |
Since appearing in modern form fifty years ago, the Clean Water Act has proven a powerful force for environmental justice, helping to clean up urban waterways across the country. Through establishment of water quality standards and enforcement of regulatory requirements, the Clean Water Act has compelled public authorities and private companies to... |
2022 |
|
| Margo A. Bagley |
"JUST" SHARING: THE VIRTUES OF DIGITAL SEQUENCE INFORMATION BENEFIT-SHARING FOR THE COMMON GOOD |
63 Harvard International Law Journal 1 (Winter, 2022) |
Genome sequence information is being used to develop improvements in diverse product areas from agriculture to therapeutics. In fact, the rapid development of COVID-19 vaccines required access to the genome sequence of the virus. Beyond the COVID-19 context, however, vast amounts of what is being called digital sequence information (DSI) are being... |
2022 |
|
| Mary Christina Wood |
"ON THE EVE OF DESTRUCTION": COURTS CONFRONTING THE CLIMATE EMERGENCY |
97 Indiana Law Journal 239 (Winter, 2022) |
In the dim and smokey twilight, with only bare necessities in tow, a family rushes to escape the wildfire racing toward them. Elsewhere, a household evacuates just ahead of a category five hurricane, perhaps not for the first time. Along the coastlines, countless others are resigned to looking on as their homesites erode into the inexorably rising... |
2022 |
|
| Claire Blumenthal |
"WE HOLD THE GOVERNMENT TO ITS WORD": HOW MCGIRT v. OKLAHOMA REVIVES ABORIGINAL TITLE |
131 Yale Law Journal 2326 (May, 2022) |
This Note analyzes for the first time how McGirt v. Oklahoma could revive aboriginal-title land claims against the United States and create an opening for Land Back litigation. It argues that McGirt directs lower courts to enforce aboriginal title's congressional-intent requirement strictly and renews the relevance of an overlooked case from 2015,... |
2022 |
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