| Author | Title | Citation | Summary | Year | Key Terms |
| Thomas G. Hamilton |
COOLEY'S HIDDEN RAMIFICATIONS: HAS THE SUPREME COURT EXTENDED THE TERRY DOCTRINE FOR AUTOMOBILE SEARCHES TO THE POINT OF ELIMINATING PROBABLE CAUSE? |
47 American Indian Law Review 101 (2022-2023) |
Nothing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence. Protection against unreasonable searches and seizures dates back to the founding of our nation, when the framers amended the Constitution to add individual rights for citizens. Adding to this history,... |
2023 |
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| Erin Shields |
COUNTERING EPISTEMIC INJUSTICE IN THE LAW: CENTERING AN INDIGENOUS RELATIONSHIP TO LAND |
70 UCLA Law Review 206 (June, 2023) |
This paper argues that Indigenous peoples in the United States and Canada are subject to epistemic injustice in the law, particularly with regard to many Indigenous groups' worldviews and relationship to land. Many Indigenous cultures share a sacred connection to the traditional homelands they lived on and with, sometimes for thousands of years... |
2023 |
|
| Ali Murat Gali |
CRAWLING OUT OF FEAR AND THE RUINS OF AN EMPIRE: QUEER, BLACK, AND NATIVE INTIMACIES, LAWS OF CREATION AND FUTURES OF CARE |
34 Yale Journal of Law & Feminism 176 (2023) |
L1-2Table of Contents Introduction. 177 Part I. Relational Possibilities Under the Siege of Equality: Privatized Romances of Sensuality and the Family. 184 A. Lawrence v. Texas and Domesticated Sensualities. 187 B. Obergefell v. Hodges and Fantasizing Privatized Marriage. 193 Part II. Privatized Subjects in Lifeless Streets: Ethical Ramifications... |
2023 |
|
| Julie Novkov |
DEATH DROP: THE ROBERTS COURT, LEGITIMACY, AND THE FUTURE OF DEMOCRACY IN THE UNITED STATES |
83 Maryland Law Review 77 (2023) |
Left critics of the Roberts Court have objected to the Court's decisions, but also to its efforts to transform the Constitution and constitutional interpretation, upending longstanding organizations of political power and the structure and scope of rights. These critics have questioned the Court's legitimacy, noting the unpopularity of some of... |
2023 |
|
| Bailey B. Lazzari |
DECADES OF DISCORD |
46-OCT Wyoming Lawyer 42 (October, 2023) |
The United States Supreme Court held in Herrera v. Wyoming, a case involving the criminal prosecution of a member of the Crow Tribe (Apsaalooke) for hunting elk in the Big Horn National Forest, that the creation of Wyoming's statehood did not automatically extinguish the treaty rights once promised to the Crow long ago. Although remanded back to... |
2023 |
|
| Jonah Charles Ullendorff |
DISAGREEMENT AS DEPARTMENTALISM OR JUDICIAL SUPREMACY IN STARE DECISIS |
98 New York University Law Review 1754 (November, 2023) |
The role of stare decisis in constitutional law is a ubiquitous one. It shows up almost everywhere, leaving controversy and chaos in its wake. Yet despite the prominence of stare decisis, its jurisprudence remains perpetually unsettled. The Supreme Court identifies several factors that affect the strength of prior precedent. However, these factors... |
2023 |
|
| Abbey Koenning-Rutherford |
DISHONORING THE EARTH: ECOCIDE AS PROSECUTABLE GENOCIDE AGAINST INDIGENOUS PEOPLE |
111 Georgetown Law Journal 1495 (June, 2023) |
C1-2Table of Contents Introduction. 1496 I. Frameworks: International Legal, Economic, Indigenous. 1499 a. international legal. 1499 b. economic. 1501 c. indigenous. 1502 II. The Genocidal Impact of Ecocide: A Prosecutable Crime?. 1503 a. what is ecocide?. 1504 b. what is genocide?. 1505 c. ecocide as prosecutable genocide in the international... |
2023 |
|
| Adam Crepelle , Thomas Stratmann |
DOES EXPANDING TRIBAL JURISDICTION IMPROVE TRIBAL ECONOMIES: LESSONS FROM ARIZONA |
55 Arizona State Law Journal 211 (Spring, 2023) |
In 2013, Congress reaffirmed tribes' inherent authority to prosecute all persons who commit dating violence, domestic violence, or violate a protective order against Indian women on tribal land in the Violence Against Women Reauthorization Act (VAWA). Congress required tribes to comply with strict procedural safeguards to implement VAWA. Although... |
2023 |
|
| Sapir Sela |
DOUBLE JEOPARDY - INDIANS - COURTS: WHETHER SUCCESSIVE PROSECUTIONS ARISING FROM A SINGLE ACT ARE BARRED BY THE CONSTITUTION'S DOUBLE JEOPARDY CLAUSE |
98 North Dakota Law Review 301 (2023) |
In Denezpi v. United States, the United States Supreme Court interpreted the Double Jeopardy Clause as it applied to the question of whether successive prosecutions can arise from a single act. The Court held that the Double Jeopardy Clause of the Fifth Amendment does not prevent successive prosecutions of different offenses that stemmed from a... |
2023 |
|
| Tracy Hester |
ECOWORSHIP AND FEDERAL ENVIRONMENTAL LAW |
48 Columbia Journal of Environmental Law 1 (2023) |
As the growing land stewardship movement has joined with rising evangelical environmentalism, religious worship has intersected with ecological protection to spark the rise of a new variety of ecoworship. Given the U.S. Supreme Court's recent willingness to expand constitutional protections for religious exercise and trim bulwarks against... |
2023 |
|
| Barry E. Hill |
ENVIRONMENTAL JUSTICE AND THE TRANSITION FROM FOSSIL FUELS TO RENEWABLE ENERGY |
53 Environmental Law Reporter (ELI) 10317 (April, 2023) |
This Article explores the environmental justice, climate justice, and sustainable development implications of the recently enacted Inflation Reduction Act, which encourages domestically produced and processed minerals for the country's energy transition from fossil fuels. It examines (1) the resulting need for a resurgence of mining in Indian... |
2023 |
|
| Neoshia R. Roemer |
EQUAL PROTECTION FOR THE BENEFICIARIES (PARENTS) OF COLONIALISM |
71 University of Kansas Law Review 595 (May, 2023) |
Parents' rights are in flux right now. As loud as some critics are about the strengthening of parents' rights and protections, it seems that those protections are largely meant to serve the beneficiaries of colonialism. Haaland v. Brackeen provides a prime example of these times as beneficiaries of colonialism challenge the Indian Child Welfare Act... |
2023 |
|
| Lisa Benjamin |
EVS AS EJ? |
47 Harvard Environmental Law Review 347 (2023) |
Electric vehicles (EVs) are everywhere. And they are cool--consumers love them. Federal agencies, such as EPA and NHTSA, promulgated rules which will usher in an EV revolution. But EVs have justice implications--both positive and negative. The transition to EVs will have significant climate and environmental justice benefits for some communities... |
2023 |
|
| Alice Ristroph |
EXCEPTIONALISM EVERYWHERE: A (LEGAL) FIELD GUIDE TO STRUCTURAL INEQUALITY |
65 Arizona Law Review 921 (Winter 2023) |
In the first two decades of the twenty-first century, American legal scholars have discovered exceptionalism everywhere: family law exceptionalism, tax law exceptionalism, bankruptcy exceptionalism, immigration exceptionalism, criminal law exceptionalism, and more. For several of these fields, the charge is that the field is not operating in... |
2023 |
|
| Wendy Heipt |
FACTORY AQUACULTURE vs. THE RIGHT TO FOOD: THE FIRST CONFLICT ON AMERICAN SHORES |
38 Journal of Environmental Law & Litigation 171 (2023) |
I. Introduction. 171 A. The Right to Food. 172 B. The Right to Food in the United States. 174 C. A History of Fishing in Maine. 175 D. Advocacy and Adoption of the RtF in Maine. 177 II. Aquaculture in Maine. 180 A. CAFOs and the RtF. 181 B. CAAPs and the RtF. 186 C. CAAPs in Maine: Challenges Before and After Enactment of the RtF. 188 D. The Future... |
2023 |
|
| Aaron J. Walayat |
FEDERAL COURTS AND THE CIVILIZING MISSION |
23 Journal of Law in Society 117 (Winter 2023) |
C1-2CONTENTS Abstract. 117 A) The Hanging Judge. 120 B) The Legislative Judges. 122 C) The Executive Judges. 125 D) Conclusion. 129 |
2023 |
|
| Adam Crepelle |
FEDERAL POLICIES TRAP TRIBES IN POVERTY |
48 Human Rights 8 (2023) |
Poverty and its related maladies are a scourge upon Indian Country. Many people believe this poverty stems from Indigenous cultures' inability to adapt to Western economic models. This notion arises from the belief that North America's Indigenous inhabitants were noncommercial prior to European arrival, but this is false. Commerce with distant and... |
2023 |
|
| Jane Jacoby |
FIGHTING FIRE WITH FIRE: HOW NEPA'S EMPHASIS ON RISK PREVENTS PRESCRIBED BURNS AND INTENSIFIES WILDFIRE |
52 Urban Lawyer 146 (June, 2023) |
Climate change is reshaping America's relationship with wildfire. As fires become more dangerous, prescribed burning is a vital tool to protect vulnerable communities and ecosystems. Native Americans used fire to manage forests for millennia, and intentional fire remains routine in forests in the Southeastern United States. Yet the white settlers... |
2023 |
|
| Tom W. Bell |
FINTECH REGULATION IN THE CATAWBA DIGITAL ECONOMIC ZONE |
26 Chapman Law Review 477 (Spring, 2023) |
The Catawba Digital Economic Zone (CDEZ) achieved a number of firsts when it launched in late 2022: the world's first entirely virtual special jurisdiction devoted to financial services using technologies like blockchains, cryptocurrencies, digital assets, and artificial intelligence (fintech); the first time that a Native American tribe has... |
2023 |
|
| Matthew McKinney, Jay Weiner, Daryl Vigil |
FIRST IN TIME: THE PLACE OF TRIBES IN GOVERNING THE COLORADO RIVER SYSTEM |
63 Natural Resources Journal 153 (Summer, 2023) |
Native Americans are the first inhabitants of the Colorado River Basin and have relied on its water and other resources since time immemorial. However, tribes were not involved in the shaping the Colorado River Compact and its governing institutions, and they have faced uphill battles to secure, protect, and develop their water rights--including... |
2023 |
|
| Eloise Melcher |
FIVE TIMES MORE LIKELY: HAALAND v. BRACKEEN AND WHAT IT COULD MEAN FOR MAINE TRIBES |
75 Maine Law Review 369 (June, 2023) |
Abstract Introduction I. Background A. Maine's Tribal History B. Child Welfare Crisis C. The Indian Child Welfare Act D. Implementation of the Indian Child Welfare Act in Maine E. Prior Supreme Court Challenges to ICWA II. Haaland v. Brackeen A. Facts and Procedural Background B. The Fifth Circuit Decision 1. The Court's Analysis 2. Equal... |
2023 |
|
| Lloyd L. Lee |
FOREWORD |
52 Southwestern Law Review 191 (2023) |
The Navajo Nation has over 400,000 enrolled citizens and a land base of 27,413 square miles. The Diné people refer to the land base of the Navajo Nation as nihikéyah, meaning the land the people live and walk upon, called home. Thousands of narratives on the histories and challenges facing the Diné people and their relationship with nihikéyah are... |
2023 |
|
| Maggie Blackhawk |
FOREWORD: THE CONSTITUTION OF AMERICAN COLONIALISM |
137 Harvard Law Review 1 (November, 2023) |
C1-2CONTENTS Introduction. 2 I. The Constitution of American Colonialism. 22 A. Constituting American Colonialism. 26 1. Colonization Within the Founding Borders. 28 2. Colonization Beyond the Founding Borders. 33 3. Colonization of Noncontiguous Territory. 43 B. The Rise of the Plenary Power Doctrine. 53 1. Plenary Power as Doctrine. 55 2.... |
2023 |
|
| Samantha Blount |
FRACKED REGULATION: HOW REGULATORY EXEMPTIONS FOR FRACKING HARM TRIBAL WATERS |
38 Journal of Environmental Law & Litigation 255 (2023) |
Introduction. 255 I. Environmental and Human Health Effects of Oil and Natural Gas Production and the Gap in Monitoring and Reporting. 259 II. Current Water Pollution Issues on the Wind River Reservation and the Fort Berthold Reservation. 263 A. Wind River Reservation. 263 B. Fort Berthold Reservation. 266 III. Legal Framework of Produced Water... |
2023 |
|
| Paige Bellamy |
FREE, PRIOR INFORMED CONSENT AND EXTRACTIVE INDUSTRY: INDIGENOUS ACTION IS THE PAST, PRESENT, AND FUTURE OF GLOBAL ENVIRONMENTAL JUSTICE |
13 Barry University Environmental and Earth Law Journal 105 (Summer, 2023) |
The fight for control of land and what lies within the earth has shaped, and continues to shape, much of human history. As Australian historian Patrick Wolfe stated: Land is life--or, at least, land is necessary for life. Thus, contests for land can be--indeed, often are--contests for life. Often at the center of these conflicts, Indigenous... |
2023 |
|
| Claire Lisker |
GEOGRAPHIC AND LINGUISTIC BELONGING: A PREREQUISITE FOR FULL CONSTITUTIONAL RIGHTS |
39 Chicana/o-Latina/o Law Review 183 (2023) |
C1-2Table of Contents Introduction. 184 I. Geographic Belonging. 190 A. The Ethno-Racialized Conception of U.S. Territorial Sovereignty - A Brief History. 190 B. Modern Territorial Sovereignty: Patrolling the Border. 192 II. Linguistic Belonging. 198 A. Jury Exclusions. 199 B. English-Only Rules and Inadequate Title VII and Title VI... |
2023 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
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| 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 |
|
| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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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