| Author | Title | Citation | Summary | Year | Key Terms |
| Fred O. Smith, Jr. |
ON TIME, (IN)EQUALITY, AND DEATH |
120 Michigan Law Review 195 (November, 2021) |
In recent years, American institutions have inadvertently encountered the bodies of former slaves with increasing frequency. Pledges of respect are common features of these discoveries, accompanied by cultural debates about what respect means. Often embedded in these debates is an intuition that there is something special about respecting the... |
2021 |
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| Ross Ballantyne |
ONCE BITTEN, TWICE SHY: THE SUPREME COURT'S MISGUIDED DOUBLING DOWN ON THE DUAL SOVEREIGNS EXCEPTION TO THE FIFTH AMENDMENT'S DOUBLE JEOPARDY CLAUSE |
26 Suffolk Journal of Trial and Appellate Advocacy 49 (2020-2021) |
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life... |
2021 |
Yes |
| |
PANEL DISCUSSION |
31 Albany Law Journal of Science and Technology 164 (2021) |
Thank you. We are just going to take a brief second so that we can get the panelists started. Today's panel will be moderated by Professor Ciji Dodds. Professor Dodds earned her BA in African American studies and mass communications from the University of North Carolina at Chapel Hill. She went on to earn her JD cum laude from Howard University... |
2021 |
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| Simeon R. Acoba, Jr. |
PASH AND THE EVOLUTION OF NATIVE HAWAIIAN RIGHTS PROTECTION |
43 University of Hawaii Law Review 550 (Summer, 2021) |
INTRODUCTION. 551 I. THE EARLY COURT TREATMENT OF ARTICLE XII, SECTION 7 EXERCISED RIGHTS. 552 A. The PASH and Hanapi Criteria. 552 B. The Balancing of Interests. 554 II. PRATT'S TOTALITY OF CIRCUMSTANCES TEST. 556 III. THE ENFORCEMENT OF EXERCISED RIGHTS. 558 A. The Ka Pa'akai Framework. 558 B. Findings of Fact and Conclusions of Law. 560 IV.... |
2021 |
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| Angelique EagleWoman , (Wambdi A. Was'teWinyan) |
PERMANENT HOMELANDS THROUGH TREATIES WITH THE UNITED STATES: RESTORING FAITH IN THE TRIBAL NATION-U.S. RELATIONSHIP IN LIGHT OF THE MCGIRT DECISION |
47 Mitchell Hamline Law Review 640 (April, 2021) |
I. Introduction. 641 II. Doctrine of Discovery, British Treaty-Making to U.S. Treaty-Making. 642 A. The Treaty of Niagara in 1764. 645 B. British Colonies form the United States of America. 647 III. Permanent Homelands and Treaty Relationships. 648 A. U.S. Constitution and Tribal Nations. 649 B. Status of American Indians and Imposition of U.S.... |
2021 |
Yes |
| Alec D. Tyra |
PERSISTENT ENVIRONMENTAL POLLUTANTS AND WATER UTILITIES: THE ARGUMENT FOR CERCLA EXEMPTIONS IN POLYFLUOROALKYL SUBSTANCES (PFAS) CLEANUP |
17 Animal & Natural Resource Law Review 187 (July, 2021) |
Outside many towns and cities creeps an invisible but ever-present threat, Per-and Polyfluoroalkyl Substances (PFAS). PFAS are the emerging pollution problem of the 21 century. Exposure, through drinking water, leads to a host of adverse health effects, including endocrine disruption and cancer. PFAS are a broad class of compounds that have been... |
2021 |
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| Tova Indritz , Albuquerque, New Mexico, 505-242-4003 |
PERSPECTIVE |
45-JUL Champion 61 (July, 2021) |
Indigent Native Americans facing up to a year of imprisonment by a tribal court are not protected by the Sixth Amendment and are not entitled to appointed counsel. They should receive the same right to appointed counsel afforded to everyone else in the United States who is facing any term of incarceration. Every society has mechanisms to deal with... |
2021 |
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| Marianne Engelman Lado , Kenneth Rumelt |
PIPELINE STRUGGLES: CASE STUDIES IN GROUND UP LAWYERING |
45 Harvard Environmental Law Review 377 (2021) |
Bridging the intersection between theory and practice, this Article explores conceptualizations of the role of the lawyer in the context of fights over pipeline infrastructure. Focusing on recent battles over the Dakota Access Pipeline, the Atlantic Coast Pipeline, and the lesser-known Portland Montreal Pipeline, the authors argue that recent... |
2021 |
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| Mary J. Pavel |
POLICYMAKERS' ROLE IN CHANGING THE WASHINGTON FOOTBALL TEAM'S NAME |
68-APR Federal Lawyer 44 (March/April, 2021) |
The word Reds**n is a racial slur, and I have always believed that renaming Washington's football team would be important to changing how America views and treats native people. In just one of a lifetime of experiences with this racial slur, an African American attorney told me that I should not be offended by Reds**n, as it was not the same as... |
2021 |
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| Matthew J. Stanford |
PRACTICAL PIETY: DIVINING RELIGION'S ROLE IN REPRODUCTIVE POLICYMAKING |
39 Boston University International Law Journal 1 (Spring, 2021) |
By examining the regulation of family planning in three governmental contexts-- theocracy, ethnoreligious democracy, and secular liberal democracy--this Article contends that the secular liberal democracy overreaches both when it adopts disingenuous legislative rationales simply to avoid the appearance of promoting religion and when it judicially... |
2021 |
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| Elizabeth Darling , Former Commissioner, Administration for Children & Families, Administration on Children, Youth & Families, U.S. Department of Health and Human Services |
PREVENTION STRATEGIES RELATED TO MISSING OR MURDERED NATIVE AMERICANS |
69 Department of Justice Journal of Federal Law and Practice 159 (January, 2021) |
American Indians and Alaska Natives experience domestic violence in epidemic proportions. The Centers for Disease Control (CDC) publishes data on the 10 leading causes of death in the United States by race and gender. Suicide ranks as the second leading cause of death for Native women and girls ages 1-19 (17.1%) and third for those ages 20-44... |
2021 |
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| |
PROCEEDINGS OF THE 2020 LEE E. TEITELBAUM UTAH LAW REVIEW SYMPOSIUM |
2021 Utah Law Review 951 (2021) |
In the autumn of 2020, the Utah Law Review, in cooperation with the S.J. Quinney College of Law Center for Law and Biomedical Sciences, convened a two-day virtual symposium exploring The Law and Ethics of Medical Research. On November 13th, leading scholars from across the country joined us for a panel discussion titled Sharing Medical Research... |
2021 |
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| Malcolm Lavoie |
PROPERTY AND LOCAL KNOWLEDGE |
70 Catholic University Law Review 637 (Fall, 2021) |
I. The Importance of Local Knowledge. 645 A. What Is Local Knowledge?. 645 B. Local Knowledge and Organizations. 649 C. Local Knowledge and Big Data. 651 II. Local Knowledge and the Justification of Property Rights. 653 A. How Property Channels Local Knowledge. 653 C. Local Knowledge and Ownership Concentration. 660 D. Property Institutions and... |
2021 |
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| Riccardo Vecellio Segate |
PROTECTING CULTURAL HERITAGE BY RECOURSE TO INTERNATIONAL ENVIRONMENTAL LAW: CHINESE STANCES ON FAULTLESS STATE LIABILITY |
27 Hastings Environmental Law Journal 153 (Winter, 2021) |
Several international policy documents define the environment as made of natural heritage and cultural heritage together, along the lines of concepts such as biosphere or ecosystem which have been introduced relatively recently to define the complexity of humanen-vironment interactions. Nevertheless, distinguishing natural heritage from the... |
2021 |
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| Rebecca Chapman |
PROTECTING OUR SPACES OF MEMORY: REDISCOVERING THE SENECA NATION SETTLEMENT ACT THROUGH ARCHIVES |
113 Law Library Journal 173 (Summer, 2021) |
Archival spaces act as collective memory, and the need to preserve and protect those spaces is critical for understanding historical events. To illustrate the idea of archival space as a space of memory, this article looks at the Seneca Nation Settlement Act, which is more fully understood through the use and interpretation of archival materials.... |
2021 |
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| Adam Crepelle |
PROTECTING THE CHILDREN OF INDIAN COUNTRY: A CALL TO EXPAND TRIBAL COURT JURISDICTION AND DEVOTE MORE FUNDING TO INDIAN CHILD SAFETY |
27 Cardozo Journal of Equal Rights & Social Justice 225 (Spring, 2021) |
C1-2Table of Contents I. Introduction. 226 II. Child Abuse Data and Its Effects. 229 III. Explaining the High Rates of Child Maltreatment in Indian Country. 232 A. Jurisdictional Confusion. 232 B. Lack of Law Enforcement Resources. 238 C. Lack of Access to Criminal Databases. 241 D. Inadequate Healthcare and Social Services. 244 E. Socioeconomics.... |
2021 |
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| Kathrin Lozah |
PUSHING PAST THE PANDEMIC: RE-EVALUATING TRIBAL EXEMPTIONS TO MEDICAID WORK REQUIREMENTS |
47 American Journal of Law & Medicine 333 (2021) |
In recent years, amid the skyrocketing cost of healthcare, the Secretary of the Department of Health and Human Services (HHS) approved several Section 1115 demonstration projects from states seeking to implement Medicaid work requirements in an effort to decrease healthcare spending. The Secretary has stated that these projects promote the... |
2021 |
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| Stewart Chang , Frank Rudy Cooper , Addie C. Rolnick |
RACE AND GENDER AND POLICING |
21 Nevada Law Journal 885 (Spring, 2021) |
C1-2Table of Contents Introduction. 885 I. Unrest and the Question of Looting. 891 II. The Black Perspective on Looting. 898 III. Policing, Property, and White Patriarchy. 904 A. Christian Cooper: White Caller Crime. 905 B. Jannie Ligons: The Sexual Non-Privilege of Black Women. 910 C. Sandra Bland and Elijah Taylor: Suspicion, Policing, and the... |
2021 |
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| Joy Barber |
RACE TO JURISDICTION: FORUM DETERMINATION IN DV-RELATED CHILD CUSTODY ACTIONS WHEN SURVIVORS FLEE ACROSS RESERVATION LINES |
82 Montana Law Review 259 (Summer, 2021) |
You are a state district court judge in a small town just outside an Indian reservation. Before you is a dissolution petition with a parenting plan brought by the mother of two children. All three are tribal members. The family has primarily lived on the reservation for the previous four years. However, after being severely beaten by her non-Indian... |
2021 |
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| William Y. Chin |
RACIAL EQUALITY AND INEQUALITY IN AMERICA AND LESSONS FROM OTHER COUNTRIES |
27 Cardozo Journal of Equal Rights & Social Justice 473 (Spring, 2021) |
C1-2Table of Contents I. Introduction. 474 II. Racial Equality Lessons from other Countries. 475 A. Abolish Law Enforcement's use of Neck Restraints. 476 B. Add Day Fines to the Range of Sanctions. 479 C. Promote and Reward Reading by Prisoners. 480 D. Offer a National Apology for Subjugating African Americans. 483 E. Assist Workers of Color by... |
2021 |
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| Matiangai Sirleaf |
RACIAL VALUATION OF DISEASES |
67 UCLA Law Review 1820 (April, 2021) |
Scholars have paid inadequate attention to how racial valuation influences what actors prioritize or deem worthwhile. Today, racial valuation of diseases informs the stark global health inequities seen worldwide. As a concept, racial valuation refers to how racialized societies assign differing values to an individual or group based on their racial... |
2021 |
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| Robin M. Rotman , Ashley A. Hollis , Kathleen M. Trauth |
REALIGNING THE CLEAN WATER ACT: COMPREHENSIVE TREATMENT OF NONPOINT SOURCE POLLUTION |
48 Ecology Law Quarterly 115 (2021) |
Nonpoint source pollution is the biggest threat to water quality in the United States today. This Article argues for stronger federal controls over nonpoint source pollution. It begins by examining the history of water quality regulation in the United States, including the passage and amendment of the Clean Water Act and the evolving definition of... |
2021 |
Yes |
| Ashley Simonsen, Andrew Soukup, David A. Stein, Matthew Q. Verdin, Stefan Caris Love |
RECENT DEVELOPMENTS IN VALID-WHEN-MADE AND TRUE LENDER LITIGATION |
76 Business Lawyer 645 (Spring, 2021) |
National banks and federal savings associations have the power under section 85 of the National Bank Act (NBA) and section 4(g) of the Home Owners' Loan Act (HOLA), respectively, to make loans at the rate of interest allowed by the laws of their home states, without regard to other state law interest rate limitations, such as usury laws.... |
2021 |
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| Terina Kamailelauli'i Fa'agau |
RECLAIMING THE PAST FOR MAUNA A WKEA'S FUTURE: THE BATTLE OVER COLLECTIVE MEMORY AND HAWAI'I'S MOST SACRED MOUNTAIN |
22 Asian-Pacific Law and Policy Journal 1 (May 15, 2021) |
I. Understanding the Relationship Between Past, Present, and Future. 2 II. Collective Memory's Essential Role in Shaping Narratives of Justice for Knaka Maoli. 7 A. Understanding Collective Memory. 9 B. Collective Memory's Power and Potential for Justice Struggles in Hawai'i. 11 III. Ka Piko Kaulana o Ka 'ina: The Famous Summit of the Land. 16 A.... |
2021 |
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| Larry R. Daves |
RECONCILING OUR PAST |
50-OCT Colorado Lawyer 6 (October, 2021) |
On September 29, 2020, H.R. 8420 was introduced in Congress to establish the Truth and Healing Commission on Indian Boarding School Policy in the United States. The Act does not call for reparations for Native Americans, but it should. Perhaps the strongest argument for restitution derives from the formal US policy of child separation that was in... |
2021 |
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| Katherine Mims Crocker |
RECONSIDERING SECTION 1983'S NONABROGATION OF SOVEREIGN IMMUNITY |
73 Florida Law Review 523 (May, 2021) |
Motivated by civil unrest and the police conduct that prompted it, Americans have embarked on a major reexamination of how constitutional enforcement works. One important component is 42 U.S.C. § 1983, which allows civil suits against any person who violates federal rights. The U.S. Supreme Court has long held that person excludes states... |
2021 |
Yes |
| Riyaz Kanji, David Giampetroni, Philip Tinker |
REFLECTIONS ON MCGIRT v. OKLAHOMA: A CASE TEAM PERSPECTIVE |
56 Tulsa Law Review 387 (Spring, 2021) |
I. Introduction. 387 II. Laying the Groundwork. 388 III. Nebraska v. Parker. 389 IV. The Tenth Circuit. 390 A. Threading the Needle. 390 B. Supplementing the Record. 392 B. En Banc Review. 394 V Round One at the Supreme Court: Murphy. 395 A. Merits Briefing. 395 B. Supplemental Briefing. 398 VI. Round Two at the Supreme Court: McGirt. 398 VII.... |
2021 |
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| Elizabeth Ann Kronk Warner |
RENEWABLE ENERGY DEPENDS ON TRIBAL SOVEREIGNTY |
69 University of Kansas Law Review 809 (June, 2021) |
Ten years ago, I wrote an article examining the development of renewable energy projects in Indian country. Over the past ten years, many things related to renewable energy development in Indian country have changed, but some things remain unchanged. With the advantage of hindsight, it is now easier to glean trends from projects that have been... |
2021 |
Yes |
| Adam J. Levitin |
RENT-A-BANK: BANK PARTNERSHIPS AND THE EVASION OF USURY LAWS |
71 Duke Law Journal 329 (November, 2021) |
Rent-a-bank arrangements are the vehicle of choice for subprime lenders seeking to avoid state consumer protection laws. In a rent-a-bank arrangement, a nonbank lender contracts with a bank to make loans per its specifications and then buys the loans from the bank. The nonbank lender then claims to shelter in the bank's federal statutory... |
2021 |
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| David M. Forman |
REOCCURRING CULTURAL INSENSITIVITY: CONFRONTING THE ABDICATION OF CORE JUDICIAL FUNCTIONS |
43 University of Hawaii Law Review 341 (Summer, 2021) |
ROAD MAP. 347 I. AGENCY INTERPRETATIONS OF THEIR OWN ADMINISTRATIVE REGULATIONS ARE NOT ENTITLED TO DEFERENCE UNDER PASH. 351 II. REVISITING THE PASH GUIDELINES: ELEMENTS OF HAWAI'I'S CUSTOM DOCTRINE AND OTHER BADLY NEEDED JUDICIAL GUIDANCE. 356 A. PASH footnote 43. 356 B. PASH footnotes 23 and 25. 357 C. PASH footnote 26. 359 D. PASH footnote... |
2021 |
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| Kirsten Matoy Carlson |
RETHINKING LEGISLATIVE ADVOCACY |
80 Maryland Law Review 960 (2021) |
In an age of statutes, legislative advocates influence the substantive content of almost every law. Yet scholars know very little about the role that advocates play in shaping statutory law because the study of legislative advocacy has been left to political scientists, who focus on the political rather than the legal aspects of legislative... |
2021 |
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| Stephanie Hall Barclay , Michalyn Steele |
RETHINKING PROTECTIONS FOR INDIGENOUS SACRED SITES |
134 Harvard Law Review 1294 (February, 2021) |
Introduction. 1296 I. The History of Government Callousness and Coercion Regarding Indigenous Sacred Sites. 1303 A. The Significance of Sacred Sites to Indigenous Peoples. 1304 B. Government Disregard of Indigenous Religious Practices and Divestiture of Sacred Sites. 1307 C. Potentially Applicable Tools for Indigenous Sacred Sites. 1317 II.... |
2021 |
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| Jamison E. Colburn |
RETHINKING THE SUPREME COURT'S INTERSTATE WATERS JURISPRUDENCE |
33 Georgetown Environmental Law Review 233 (Winter, 2021) |
C1-2Table of Contents Introduction. 233 I. Doctrinal Confluence: State Dignity, Equity, and Shared Waters. 236 A. Sovereign into Quasi-Sovereign Interests: Of Dignified Tribunals. 236 1. Dignified Tribunal: A Forum of State-State Controversies. 237 2. The Equitable Action. 241 3. Equity's Burdens. 244 B. Remedial Bootstraps: Equity Making the Law?.... |
2021 |
Yes |
| Maria Conversa |
RIGHTING THE WRONGS OF NATIVE AMERICAN REMOVAL AND ADVOCATING FOR TRIBAL RECOGNITION: A BINDING PROMISE, THE TRAIL OF TEARS, AND THE PHILOSOPHY OF RESTORATIVE JUSTICE |
54 UIC Law Review 933 (Winter 2021) |
I. Introduction. 934 II. Background. 936 A. Indian Major Crimes Act (MCA): What is Included?. 936 B. Hostility - The Context of the Treaties. 936 1. Creek Occupancy Over Eastern Lands. 937 2. 1832 Treaty with the Creeks. 938 3. Tribal Recognition in the Courts: The Marshall Trilogy. 939 4. Abrading Tribal Authority: Trail of Tears through... |
2021 |
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| Emily N. Donahoe |
RISING SEAS AND RISING TENSIONS: ENCOURAGING MANAGED RETREAT STRATEGIES DURING THE CALM BETWEEN STORMS |
12 George Washington Journal of Energy & Environmental Law 65 (Spring, 2021) |
Millions of U.S. residents face an increasing risk of property loss due to sea level rise, repeated flooding, and climate disasters. As the ocean washes away waterfront towns, residents and government officials are faced with a difficult question: how will the nation choose to protect its most vulnerable communities from the inevitable effects of... |
2021 |
Yes |
| Kristin Peer , Stacy Gillespie |
SAFEGUARDING WATER QUALITY IN FEDERAL LICENSING DECISIONS: CALIFORNIA'S RESPONSE TO RECENT CONSTRAINTS ON CLEAN WATER ACT SECTION 401 CERTIFICATION AUTHORITY |
13 Golden Gate University Environmental Law Journal 1 (Spring, 2021) |
Pursuant to Clean Water Act section 401, state water quality certification authority to regulate federally-licensed energy projects has been relatively well settled for decades. Long-standing precedents from the U.S. Supreme Court, other federal courts, the U.S. Environmental Protection Agency (U.S. EPA), and implementation of certification... |
2021 |
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| Sarah A. Husk |
SCATTERED TO THE WINDS?: STRENGTHENING THE NATIONAL HISTORIC PRESERVATION ACT'S TRIBAL CONSULTATION MANDATE TO PROTECT NATIVE AMERICAN SACRED SITES IN THE RENEWABLE ENERGY DEVELOPMENT ERA |
34 Tulane Environmental Law Journal 273 (Summer, 2021) |
As renewable energy development, and particularly wind energy development, ascends to prominence in the United States' national energy agenda, significant attention has been paid to developing these resources on and adjacent to lands currently or ancestrally occupied by Native American Indian tribes. While many tribes have demonstrated eagerness to... |
2021 |
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| Megan Mallonee |
SELECTIVE JUSTICE: A CRISIS OF MISSING AND MURDERED ALASKA NATIVE WOMEN |
38 Alaska Law Review 93 (June, 2021) |
Across the country, Indigenous women are murdered more than any other population and go missing at disproportionate rates. This crisis of missing and murdered Indigenous women is amplified in Alaska, where the vast landscape, a confusing jurisdictional scheme, and a history of systemic racism all create significant barriers to justice for Alaska... |
2021 |
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| Priya Baskaran |
SERVICE, SCHOLARSHIP, AND RADICAL CITATION PRACTICE |
73 Rutgers University Law Review 891 (Spring, 2021) |
C1-3Table of Contents I. Introduction. 891 II. Invisible and Unrewarded Service Burdens. 895 A. PoC Lunches--Creating Counter Space. 896 B. Informal Mentoring of Students. 898 III. Scholarship Promotion & Critical Legal Research. 902 A. Time is NOT on Your Side. 902 B. The Legal Scholarship Hegemony. 903 C. The Politics of Citation. 905 D. A Path... |
2021 |
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| Alexander Schultz |
SOVEREIGN IMMUNITY AND THE TWO TIERS OF ARTICLE III |
29 George Mason Law Review 287 (Fall, 2021) |
It is time to return sovereign immunity doctrine to the Constitution's text. To that end, this Article resurrects the forgotten extension of the judicial Power to all Cases of federal question, admiralty, and ambassadorial jurisdiction, but merely to [some] Controversies between individuals and States (and five other categories of... |
2021 |
Yes |
| Brent D. Chicken, Amanda J. Dick |
SOVEREIGN LANDS |
7 One J: Oil and Gas, Natural Resources, and Energy Journal 499 (December, 2021) |
C1-2Table of Contents I. Introduction. 499 II. Federal Regulatory Developments. 500 A. Amendments. 500 B. New Rules. 502 III. Judicial Developments. 503 A. Moratorium on Federal Leases. 503 B. The Waste Prevention Rule. 504 C. Subject Matter Jurisdiction Under the Indian Tucker Act. 505 |
2021 |
Yes |
| Jeremy Rabkin |
SOVEREIGNTY AS A BRAKE ON NATIONALISM |
17 University of Saint Thomas Law Journal 611 (Fall, 2021) |
Even before the coronavirus pandemic, there were loud protests against globalism or globalization--terms that seemed to denote (to critics) the erasure of national boundaries. Such protests were often characterized as nationalist. Sometimes they were described as protests against threats to national sovereignty. The rhetoric might seem... |
2021 |
Yes |
| Theresa Rocha Beardall, J.D., Ph.D. |
SOVEREIGNTY THREAT: LOREAL TSINGINE, POLICING, AND THE INTERSECTIONALITY OF INDIGENOUS DEATH |
21 Nevada Law Journal 1025 (Spring, 2021) |
In March 2016, Loreal Tsingine, a twenty-seven-year-old Diné mother living in Winslow, Arizona, was killed by Officer Austin Shipley. After two investigations insinuated that Shipley was justified in using fatal force to take Ms. Tsingine's life, the Navajo Nation filed two suits in federal court: one against the city claiming that the Winslow... |
2021 |
Yes |
| Darrah Blackwater |
SPECTRUM SOVEREIGNTY |
57-AUG Arizona Attorney 50 (July/August, 2021) |
The Legend of Turquoise Boy tells a tale of a Diné boy who seeks to make life easier for his people by helping them get from place to place efficiently. Turquoise Boy, son of Changing Woman, takes a harrowing journey across a rainbow bridge to seek help from his father, Tsohanoai, or Sun Bearer. At first, Sun Bearer does not help the boy. I travel... |
2021 |
Yes |
| Jesse D.H. Snyder |
STARE DECISIS IS FOR PIRATES |
73 Oklahoma Law Review 245 (Winter, 2021) |
The legal podcast Strict Scrutiny has adopted, and is merchandising, the catchy phrase, Stare decisis is for suckers. Doubtless the phrase is a rally cry for a podcast whose platform is unvarnished, respectfully irreverent takes on the U.S. Supreme Court. But before purchasing the hat or hoodie with the phrase emblazoned, it is worth asking to... |
2021 |
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| Kaylee Snyder |
STATE v. NOBLES: CHANCE TO SETTLE NEEDLESS JURISDICTIONAL TURBULENCE |
45 American Indian Law Review 361 (2021) |
Under the Major Crimes Act (MCA), federal courts have exclusive jurisdiction over several enumerated criminal offenses that occur in Indian Country and are committed by Indians. When an individual is an enrolled member of a federally recognized tribe, Indian status is easily established and federal courts hold the authority to prosecute. A... |
2021 |
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| Dana Lloyd, Assistant Professor of Global Interdisciplinary Studies, Villanova University |
STORYTELLING AND THE HIGH COUNTRY: READING LYNG v. NORTHWEST INDIAN CEMETERY PROTECTIVE ASSOCIATION (1988) |
36 Journal of Law and Religion 181 (August, 2021) |
In Lyng v. Northwest Indian Cemetery Protective Association, 485 U.S. 439 (1988), the Supreme Court declared constitutional the Forest Service's development plan in an area of the Six Rivers National Forest (known as the High Country) that is central to the religious practice of the Yurok, Karuk, and Tolowa Nations. The Court admitted that [i]t is... |
2021 |
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| James Pollack , Frank Sturges |
STRUGGLING TO FIND A RAPANOS NEXUS: MAUI AND THE EXPANSION OF CLEAN WATER ACT REGULATION |
48 Ecology Law Quarterly 49 (2021) |
The Supreme Court has long struggled to define the scope of federal jurisdiction over pollution control under the Clean Water Act (CWA). During the Court's last term, that issue returned to the forefront in County of Maui, Hawaii v. Hawaii Wildlife Fund. The case involved pollution from a wastewater treatment facility that reached the Pacific Ocean... |
2021 |
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| Matthew B. Lawrence |
SUBORDINATION AND SEPARATION OF POWERS |
131 Yale Law Journal 78 (October, 2021) |
This Article calls for the incorporation of antisubordination into separation-of-powers analysis. Scholars analyzing separation-of-powers tools-- laws and norms that divide power among government actors--consider a long list of values ranging from protecting liberty to promoting efficiency. Absent from this list are questions of equity:... |
2021 |
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| Dillon Dobson |
SUSTAINABLE RED POWER: TRIBAL ENERGY SOVEREIGNTY AND THE WAY FORWARD |
12 Arizona Journal of Environmental Law & Policy 40 (Fall, 2021) |
Tribes are not vestiges of the past, but laboratories of the future. Vine Deloria Jr. This article will examine how tribes can synthesize Indigenous ingenuity and federal self-determination policy to strengthen their cultural and political institutions by developing sophisticated solar-based microgrids and leveraging blockchain technology. This... |
2021 |
Yes |