| Author | Title | Citation | Summary | Year | Key Terms |
| |
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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| Lee Kovarsky |
OUTCOME SENSITIVITY AND THE CONSTITUTIONAL LAW OF CRIMINAL PROCEDURE |
98 Indiana Law Journal 429 (Spring, 2023) |
Iconic criminal procedure doctrines that perform the same function go by different names. When constitutionally disfavored conduct taints a criminal proceeding, courts must determine how much the taint affected an outcome--and whether the damage requires judicial relief. These doctrinal constructs calibrate judicial responses to, among other... |
2023 |
|
| Nandini Chatterjee , Alicia Schrikker , Dries Lyna |
PAPER EMPIRES: LAYERS OF LAW IN COLONIAL SOUTH ASIA AND THE INDIAN OCEAN |
41 Law and History Review 417 (August, 2023) |
Anthropologists and historians have recently underscored the ways in which European colonialism created novel regimes of legality and record-keeping, associated with ambitious and exclusive state-centered claims to both truth and rights, while being inevitably and constantly sucked into eddies of forgery and corruption. However, attention so far... |
2023 |
|
| Affie B. Ellis |
PRIME DAY PUSHBACK |
46-OCT Wyoming Lawyer 32 (October, 2023) |
Let me tell you how it will be - there's one for you, nineteen for me. Cause I'm the taxman, yeah, I'm the taxman. Did you just hear that in George Harrison's voice? Taxman is a song from the Beatles' 1966 album, Revolver. Harrison wrote it in protest to a supertax which had the band members paying over 90% of their earnings to the United... |
2023 |
|
| Shade Streeter, David Hunter, William Snape, III |
PRIORITIZING REGIONAL WILDLIFE CONSERVATION BY REJUVENATING THE WESTERN HEMISPHERE CONVENTION ON NATURE PROTECTION |
23 Sustainable Development Law & Policy 22 (Spring, 2023) |
C1-3Table of Contents I. Introduction. 23 II. The Spirit and Purpose of the Western Hemisphere Convention in Protecting the Common Heritage of the Western Hemisphere is Still Highly Relevant Today. 23 A. Preserving Species and Habitats. 23 B. Cross Regional Cooperation. 24 III. The International Conservation Legal Framework for the Americas. 24 A.... |
2023 |
|
| Heather Tanana |
PROTECTING TRIBAL PUBLIC HEALTH FROM CLIMATE CHANGE |
15 Northeastern University Law Review 89 (March, 2023) |
C1-2Table of Contents Introduction 95 I. Climate Change in Indian Country 103 2A. Climate-Related Changes to Water 105 2B. Health Impacts of Climate Change 115 2C. Cultural Impacts of Climate Change 122 II. The Convergence of Federal Treaty and Trust Responsibilities, Tribal Health, and Climate Change 128 2A. Federal Responsibility to Provide... |
2023 |
|
| Sam Kalen |
PUBLIC LAND MANAGEMENT'S FUTURE PLACE: ENVISIONING A PARADIGM SHIFT |
82 Maryland Law Review 240 (2023) |
The recent sesquicentennial of Yellowstone National Park, the nation's first and prototypical national park, marked an opportune moment for examining the management of the nation's public lands. Public lands are confronting a myriad of challenges, whether from climate change and the efficacy of using the nation's lands for fossil fuel development... |
2023 |
|
| Troy J.H. Andrade |
PŪPŪKAHI I HOLOMUA: CRITICAL LESSONS OF SOCIAL HEALING THROUGH JUSTICE FOR NATIVE HAWAIIANS |
52 Southwestern Law Review 67 (2023) |
From the violent displacement and genocide of indigenous communities to the enslavement and forced labor of Africans, from the theft of sovereignty of an Island kingdom to the racist imprisonment of citizens based upon fabricated stories of military necessity, American history is rife with examples of atrocious injustice. These injustices often... |
2023 |
|
| Lev E. Breydo |
PUTIN'S MATRYOSHKA: A WAR REPARATIONS FACILITY FOR REBUILDING UKRAINE |
61 Columbia Journal of Transnational Law 641 (2023) |
This Article addresses a critical, trillion-dollar question: How do we hold Russia accountable for the reconstruction of Ukraine? The nation has been devastated by Russia's brutal war of aggression, with tens of thousands killed, millions displaced and its economy in shambles. The enormity of the problem cannot be over-stated. Existing proposals to... |
2023 |
|
| Natsu Taylor Saito |
RACE, INDIGENEITY, AND MIGRATION |
117 AJIL Unbound 43 (2023) |
Race, indigeneity, and migration are integrally related in international law. This relationship can be traced to their origins in a legal system dedicated to facilitating European colonialism and imperial expansion. International law has constructed racial difference and deployed racialized hierarchies to determine who would be permitted to migrate... |
2023 |
|
| Alyssa Couchie |
REBRAIDING FRAYED SWEETGRASS FOR NIIJAANSINAANIK (OUR CHILDREN): UNDERSTANDING CANADIAN INDIGENOUS CHILD WELFARE ISSUES AS INTERNATIONAL ATROCITY CRIMES |
44 Michigan Journal of International Law 405 (2023) |
The unearthing of the remains of Indigenous children on the sites of former Indian Residential Schools (IRS) in Canada has focused greater attention on anti-Indigenous atrocity violence in the country. While such increased attention, combined with recent efforts at redressing associated harms, represents a step forward in terms of recognizing and... |
2023 |
|
| Jamese Hawkins, Mathew Grimes, Jana Simmons, Andrea Steel, Nolan Jackson, Lisa Pittman, Troy Sims |
RECENT DEVELOPMENTS IN CANNABIS LAW |
58 Tort Trial & Insurance Practice Law Journal 243 (Summer, 2023) |
I. Introduction. 244 II. Laws and Regulations. 244 A. Cannabis and the Dormant Commerce Clause. 244 B. I.R.S. Section 280E. 246 C. SAFE Banking Act. 247 D. Tribal Policies and Regulation of Marijuana. 248 III. Delta-8 THC. 250 A. Trademark and Copyright Infringement. 250 B. Alabama Board of Pharmacy Letter. 251 C. Marijuana Seeds Letter. 252 D.... |
2023 |
|
| Federico Díaz Chacón |
REDD+ AND THE PROMOTION OF THE HUMAN RIGHTS OF INDIGENOUS PEOPLES: THE CASE OF CHILE |
41 UCLA Journal of Environmental Law & Policy 253 (2023) |
C1-2Table of Contents I. Introduction. 254 II. The Human Rights of Indigenous Peoples. 258 III. Indigenous Peoples and Climate Change. 263 IV. REDD+ International Framework and the Human Rights of Indigenous Peoples. 267 V. The Operationalization of REDD+ in Chile. 275 A. Jurisdictional REDD+ in Chile. 277 B. Project-Based REDD+. 287 1. The... |
2023 |
|
| M. Alexander Pearl |
REFLECTIONS ON PLACE AND PEOPLE FROM WITHIN |
52 Southwestern Law Review 199 (2023) |
To begin by saying that Professor Rosser's book, A Nation Within: Navajo Land and Economic Development, is unique would be a disservice. Even the title itself fails to capture what the book is and represents. The titular language focuses on land and economy, but the reader learns so much more than that throughout the book. This essay reflects on... |
2023 |
|
| John Herrmann |
REFOCUSING PRIORITIES FOR AT-RISK COMMUNITIES: FIRE MANAGEMENT FOR THE JUST TRANSITION |
53 Environmental Law 509 (Summer, 2023) |
Due to a century of disruption in natural fire in ecosystems paired with the rapid growth of the Wildland Urban Interface (WUI), wildland fire has become one of the most pressing issues in forest management because it places millions of people in close proximity to dangerous wildfires. Throughout the American West, forest managers are now facing... |
2023 |
|
| William N. Eskridge Jr. |
RELIANCE INTERESTS IN STATUTORY AND CONSTITUTIONAL INTERPRETATION |
76 Vanderbilt Law Review 681 (April, 2023) |
People and companies rely on public law when they plan their activities; society relies on legal entitlements when it adapts to new technology, economic conditions, and social groups; legislators, administrators, and judges rely on settled law when they pass, implement, and interpret statutes (respectively). Such private, societal, and public... |
2023 |
|
| Elizabeth Kronk Warner |
REMEMBERING A GIANT--ALEX TALLCHIEF SKIBINE |
2023 Utah Law Review 955 (2023) |
On February 4, 2023, the world lost a legal giant, as Professor Alex Tallchief Skibine passed away following a battle with an aggressive form of brain cancer. Professor Skibine's passing was an enormous loss for both our S.J. Quinney College of Law community and the field of Indian Law. Professor Skibine was intellectually curious, funny, and... |
2023 |
|
| Trevor Reed |
RESTORATIVE JUSTICE FOR INDIGENOUS CULTURE |
70 UCLA Law Review 516 (August, 2023) |
One still unresolved aspect of North American colonization arises out of the mass expropriation of Indigenous peoples' cultural expressions to European-settler institutions and their publics. Researchers, artists, entrepreneurs, missionaries, and many others worked in partnership with major universities, museums, corporations, foundations, and... |
2023 |
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| Howard L. Zwickel , Evelyn M. Tenenbaum |
RESTORING CONGRESS'S AUTHORITY UNDER ARTICLE I TO ABROGATE THE STATES' ELEVENTH AMENDMENT IMMUNITY: A REMEDY THAT IS LONG OVERDUE |
84 University of Pittsburgh Law Review 665 (Spring, 2023) |
For over two centuries, Congress had the authority to enact laws that provided meaningful monetary relief for individuals who were injured by states due to discrimination, violations of intellectual property rights, and other state actions that were within Congress's power to legislate. That authority did not change until 1996, when the Supreme... |
2023 |
|
| Michael K. Velchik, Jeffery Y. Zhang |
RESTORING INDIAN RESERVATION STATUS: AN EMPIRICAL ANALYSIS |
40 Yale Journal on Regulation 339 (Winter, 2023) |
In McGirt v. Oklahoma, the Supreme Court held that the eastern half of Oklahoma was Indian country. This bombshell decision was contrary to settled expectations and government practices spanning 111 years. It also was representative of an increasing trend of federal courts recognizing Indian sovereignty over large and economically significant areas... |
2023 |
|
| Stratos Pahis |
RETHINKING INTERNATIONAL INVESTMENT LAW: FORM, FUNCTION & REFORM |
63 Virginia Journal of International Law 447 (Spring, 2023) |
Introduction. 449 I. Rethinking Function. 453 A. The Conventional Account. 453 B. The Contractual Alternative. 456 C. The Economic Function of Treaty Protection. 458 1. Cost Reduction and the Nature of Investment. 458 2. The Costs and Constraints of Treaty Protection. 461 D. The Non-Economic Functions of Treaty Protection. 463 1.... |
2023 |
|
| Karen E. Lillie |
RETURNING CONTROL TO THE PEOPLE: THE NATIVE AMERICAN LANGUAGES ACT, RECLAMATION, AND NATIVE LANGUAGE TEACHER CERTIFICATION |
71 Buffalo Law Review 289 (April, 2023) |
In 1990, Congress passed the Native Americans Languages Act (NALA), recognizing that the status of the cultures and languages of Native Americans is unique and--critically--that the United States has the responsibility to act together with Native Americans to ensure that the languages and cultures of the Native People will surviv[e]. This Act... |
2023 |
|
| Brett G. Roberts |
RETURNING THE LAND: NATIVE AMERICANS AND NATIONAL PARKS |
21 Ave Maria Law Review 148 (Spring, 2023) |
The best things we experience, the best things we know are immaterial things. They're ideas or emotions . if you look at the earth, there are certain places that seem to have power, and we don't know what kind of power it is except you have a different feeling, you feel energized .. How do you approach that, take something that's larger in yourself... |
2023 |
|
| Karli Uwaine |
RIGHTS OF NATURE IN HAWAI'I: PRESERVING THE RELATIONSHIP BETWEEN NATURAL RESOURCES AND CULTURAL SIGNIFICANCE |
53 Environmental Law 239 (Spring, 2023) |
Haunani-Kay Trask encapsulated the essence of this Comment when she wrote: Despite American territorial and economic control of Hawai'i since 1900, Hawaiians are not Americans. Nor are we Europeans or Asians. We are not from the Pacific Rim, nor are we immigrants to the Pacific. We are the children of Papa - earth mother - and Wkea - sky father -... |
2023 |
|
| Benjamen Franklen Gussen* |
SCHRÖDINGER'S CAT: A CONSTITUTIONAL ALIEN IN AUSTRALIA? |
37 BYU Journal of Public Law 1 (2023) |
This Article provides a duty-based theory of constitutional alienage. Australian jurisprudence is used to illustrate how this theory would apply, with possible extensions to the other two great Anglo-American federations, the United States and Canada. An alien is a person who has no permanent allegiance to the Australian sovereign. This allegiance... |
2023 |
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