| Author | Title | Citation | Summary | Year | Key Terms |
| Mikayla Jones |
HEADS HELD HIGH AND HANDS HOLDING HOPE: THE VICTORY AND VULNERABILITIES OF THE INDIAN CHILD WELFARE ACT AFTER HAALAND v. BRACKEEN |
103 Nebraska Law Review 65 (2024) |
Congress enacted the Indian Child Welfare Act (ICWA) in 1978 to mitigate the catastrophic effects of the federal government's longstanding policy of forcibly removing Indian children from their families and tribal communities. ICWA has safeguarded Indian children and families for decades by setting minimum standards in state child welfare... |
2024 |
|
| Abby Edelberg Popenoe |
HEALING FROM OKLAHOMA v. CASTRO-HUERTA: LOOKING TO THE FUTURE OF INDIAN COUNTRY CRIMINAL JURISDICTION THROUGH HEALING TO WELLNESS COURTS AND PUBLIC LAW 280 |
57 U.C. Davis Law Review Online 119 (May, 2024) |
C1-2Table of Contents Introduction. 121 I. Criminal Jurisdiction in Indian Country and Public Law 280. 122 A. Oklahoma v. Castro-Huerta and the Future of the Criminal Jurisdiction in Indian Country. 124 II. Healing to Wellness Courts. 127 III. Barriers to Implementing Healing to Wellness Courts & Differences Based on PL 280 Status. 131 A. Funding.... |
2024 |
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| Margaret Von Rotz |
HONORING INDIGENOUS SOVEREIGNTY AND CONSENT: LEGAL FRAMEWORKS FOR ADDRESSING INDIGENOUS DISPLACEMENT DUE TO CLIMATE CHANGE |
30 UC Law Environmental Journal 197 (May, 2024) |
Climate change-induced displacement is not only a possibility but a present reality. This problem affects marginalized communities everywhere, but Indigenous peoples, particularly those in disappearing States, are especially climate-vulnerable and often at risk of losing their ancestral lands forever due to climate change. Despite the inevitability... |
2024 |
Yes |
| Valentina Vadi |
HOPE AND HISTORY: THE SPIRIT OF TIME IN INTERNATIONAL LAW |
32 Tulane Journal of International and Comparative Law 1 (Winter, 2024) |
History Says, Don't hope on this side of the grave. But then, once in a lifetime The longed-for tidal wave Of justice can rise up, And hope and history rhyme. International lawyers and legal historians have recently started a promising dialogue in investigating international legal history and theory. So far, however, most studies have examined... |
2024 |
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| Minh Do, Robert Schertzer |
HOW SHOULD COURTS RESPOND TO POLITICAL QUESTIONS? EXPLORING THE DIALOGICAL TURN IN THE SUPREME COURT OF CANADA'S FEDERALISM AND INDIGENOUS CASE LAW |
49 Law and Social Inquiry 478 (February, 2024) |
In this article, we: (1) advance a theory for how courts should respond to highly political disputes about jurisdictional authority, and (2) assess whether courts can achieve this ideal. Our theory draws from normative realism to argue that courts should push conflict back into the political realm whenever possible--facilitating free and fair... |
2024 |
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| Anya T. Janssen , Robert Lundberg |
HOW TRIBES RESPOND TO CHANGING ENVIRONMENTS |
97-JUN Wisconsin Lawyer 32 (June, 2024) |
The earth's changing climate has significant ramifications for Indian tribes' subsistence needs, public health, economic stability, SOVEREIGNty, and traditional ways of life. This article discusses some causes of environmental harms that are faced by tribes in Wisconsin and nearby states and legal and policy approaches tribes can take to address... |
2024 |
Yes |
| Jérémie Gilbert |
HUMAN RIGHTS & THE RIGHTS OF NATURE: FRIENDS OR FOES? |
47 Fordham International Law Journal 447 (September, 2024) |
This Article explores the connections between human rights and the rights of nature. Rights of nature is emerging as a global movement to rethink and move away from dominant anthropocentric approaches to law. As it is based on the idea that nature has inherent rights, rights of nature is often labelled as the human rights of nature. However, this... |
2024 |
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| Christian Gonzalez Chacon |
HUMAN RIGHTS WITHOUT BORDERS |
22 Northwestern Journal of Human Rights 101 (Winter, 2024) |
Today the universalism of human rights is put to the test by the pressure on our borders from hordes of hungry peoples, in such a way that being a person is no longer a sufficient condition to possess these rights. These have become citizenship rights . citizenship has ceased to be the foundation of equality . it functions as a privilege and a... |
2024 |
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| |
IMPLEMENTATION OF TRIBAL CONSULTATION LAWS IN CALIFORNIA |
54 Environmental Law Reporter (ELI) 11009 (December, 2024) |
State and local environmental agencies regularly make decisions that have repercussions for tribes, including for their health and ability to maintain and continue to evolve traditional practices, language, and cultural identity. Meaningful consultation has become central to tribal SOVEREIGNty as tribes advocate for legislation that requires... |
2024 |
Yes |
| Mia Montoya Hammersley |
IN DEFENSE OF LAND AND WATER PROTECTORS: ENVIRONMENTAL JUSTICE AND THE CRIMINALIZATION OF ENVIRONMENTAL ACTIVISM |
54 University of Memphis Law Review 843 (Summer, 2024) |
I. Preface: You're a Lawyer, Not an Activist. 843 II. Introduction: A Call to Environmental Justice Lawyers. 844 III. Movement Lawyering for Environmental Justice. 846 A. Foundations of the Environmental Justice Movement. 846 B. Structural Discrimination. 848 C. Movement Lawyering. 852 IV. The Law of Protest and Civil Disobedience. 855 A.... |
2024 |
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| Bryce Drapeaux , Hannah Haksgaard |
INDIAN COUNTRY LAWYERS: A SOUTH DAKOTA SURVEY |
69 South Dakota Law Review 437 (2024) |
South Dakota's reservations are rural and suffer from a shortage of lawyers. Relatedly, there are very few Native American licensed attorneys in South Dakota. This essay confronts the rural lawyer shortage on South Dakota's reservations by documenting the lawyers practicing on South Dakota's reservations. In addition, this essay addresses the... |
2024 |
|
| Erin Weightman |
INDIANS - SOVEREIGN IMMUNITY: THE U.S. SUPREME COURT'S INTERPRETATION OF THE BANKRUPTCY CODE |
99 North Dakota Law Review 195 (2024) |
In Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin, the U.S. Supreme Court addressed whether the Bankruptcy Code expressly abrogates SOVEREIGN immunity for federally recognized Indian tribes in bankruptcy proceedings. The Lac du Flambeau Band of Lake Superior Chippewa Indians is a federally recognized tribe and owns multiple... |
2024 |
Yes |
| Alex H. Serrurier |
INDIGENEITY IN THE CLASSROOM: AVENUES FOR NATIVE AMERICAN STUDENTS TO CHALLENGE ANTI-CRITICAL RACE THEORY LAWS |
57 Columbia Journal of Law and Social Problems 543 (2024) |
Native American students in public schools face barriers to educational achievement due to racism, prejudice, and ignorance from fellow students, teachers, and administrators. Native students have endured various forms of discrimination that range from forcible cutting of braids by peers to administrative bans on traditional regalia at graduation... |
2024 |
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| Rebecca Chapman, Rebecca Plevel, (Wyandot of Anderdon Nation) , (Muscogee Creek) |
INDIGENOUS COPYRIGHT CONCEPTS AND INDIGENOUS DATA SOVEREIGNTY: HOW LIBRARIES AND ARCHIVES CAN SUPPORT IT |
116 Law Library Journal 323 (2024) |
U.S. copyright law does not account for Indigenous knowledge. These items, such as stories, dances, songs, and oral teachings are data and works authored by a SOVEREIGN community, not just individuals. Indigenous data SOVEREIGNty provides that data and cultural knowledge are subject to Tribal protections. Tribes have the right as a SOVEREIGN nation... |
2024 |
Yes |
| Edward Randall Ornstein |
INDIGENOUS KNOWLEDGE AS EVIDENCE IN FEDERAL RULE-MAKING |
78 University of Miami Law Review 409 (Spring, 2024) |
Recent and historic federal guidance instructs agencies to consider Indigenous Knowledge in decision-making where it is available. However, tribal advocates are faced with many hurdles, in the form of information quality criteria, which requires the collection and dissemination of Indigenous Knowledge to conform to a complex set of procedural... |
2024 |
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| Federico Lenzerini |
INDIGENOUS PEOPLES' CULTURAL HERITAGE AND INTERNATIONAL LAW: A TALE OF WRONGS AND OF STRUGGLE FOR SURVIVAL AND RENAISSANCE |
32 Michigan State International Law Review 57 (2024) |
For Indigenous Peoples, cultural heritage represents the very essence of the Circle of Life, a strong, powerful symbol incorporating all the basic foundations of life. Consistent with the holistic vision of life characterizing most Indigenous communities, the concept of Indigenous heritage is very broad, encompassing virtually all elements of... |
2024 |
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| N.S. Gopalakrishnan, Srividhya Ragavan, Narendran Thiruthy |
INTELLECTUAL PROPERTY, GENETIC RESOURCES, AND ASSOCIATED TRADITIONAL KNOWLEDGE |
54 Environmental Law Reporter (ELI) 10829 (October, 2024) |
The relationship between the Convention on Biological Diversity (CBD) and the Trade-Related Aspects of Intellectual Property Rights (TRIPS) regime under the World Trade Organization (WTO) is complex. The manner in which intellectual property rights (IPRs) pertaining to genetic resources (GRs) and associated traditional knowledge (ATK) are handled... |
2024 |
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| John W. Head |
INTERNATIONAL LAW AND SPECIES DIVERSITY: AN IMMODEST PROPOSAL FOR IMPLEMENTING A PROGRESSIVE 30x30 NATURAL RESTORATION INITIATIVE IN THE GREAT NORTH AMERICAN PRAIRIES |
33-SPG Kansas Journal of Law & Public Policy 141 (Spring, 2024) |
The late-2022 global 30x30 agreements relating to the Biodiversity Convention call for 30% of the Earth's landscapes to be placed in environmentally protected status by the year 2030. These agreements build on similar suggestions also aimed at protecting and restoring natural habitat, including E. O. Wilson's Half-Earth suggestion. So far, the... |
2024 |
|
| Lauren Benton , Adam Clulow |
INTERPOLITY LAW AND JURISDICTIONAL POLITICS |
42 Law and History Review 197 (May, 2024) |
Challenging the common assumption that legal misunderstanding was pervasive, this article analyzes jurisdictional politics as an element of interpolity law--a broad framework for legal interactions across polities and regions in the early modern world. It draws on recent research on jurisdictional politics to show how such an approach allows... |
2024 |
|
| Casey M. Corvino , Julia R. Vassallo |
INTERROGATING HAALAND v. BRACKEEN: FAMILY REGULATION, CONSTITUTIONAL POWER, AND TRIBAL RESILIENCE: THE CONNECTICUT LAW REVIEW SYMPOSIUM |
56 Connecticut Law Review 1009 (May, 2024) |
In October 2023, the Connecticut Law Review hosted the Symposium Interrogating Haaland v. Brackeen: Family Regulation, Constitutional Power, and Tribal Resilience. The symposium was centered on the state of federal Indian law in the wake of the Brackeen decision. This decision was a victory for Indigenous families and Native nations as it left... |
2024 |
|
| Zachary Pavlik |
INTERSTATE WATER COMPACTING AND THE SILENCED SOVEREIGN: FEDERAL APPOINTEES AS A TRIGGER FOR THE FEDERAL TRUST RESPONSIBILITY |
27 University of Denver Water Law Review 67 (Spring, 2024) |
I. INTRODUCTION. 68 II. INTERSTATE COMPACTING AND THE THREE SOVEREIGNS: FEDERAL, STATE, AND INDIAN INTERESTS. 70 A. The States as the Core SOVEREIGNs in Interstate Compact Creation: A Framework Built to Facilitate and Further State Interests. 71 B. Federal Government as the Supreme SOVEREIGN: Let the Children Play, So Long as They Don't Break... |
2024 |
Yes |
| Bethany R. Berger |
INTERTRIBAL: THE UNHERALDED ELEMENT IN INDIGENOUS WILDLIFE SOVEREIGNTY |
48 Harvard Environmental Law Review 1 (2024) |
Intertribal organizations are a powerful and unheralded element behind recent gains in Indigenous wildlife SOVEREIGNty. Key to winning and implementing judicial and political victories, they have also helped tribal nations become powerful voices in wildlife and habitat conservation. Through case studies of these organizations and their impact, this... |
2024 |
Yes |
| Josselin Lavigne |
IS SPACE THE NEW WILD WEST OF THE 21ST CENTURY? |
42 Boston University International Law Journal 263 (Summer, 2024) |
Can public international law prevent outer space from becoming a new Wild West, given the rising risks posed by emerging rules promoting private property or appropriation of lunar or celestial resources? This Article examines the intersection and nexus of the principle of permanent SOVEREIGNty over natural resources and recent developments in space... |
2024 |
Yes |
| Rachel Fischer |
IT'S GETTING HOT IN HERE: MAINE'S RIGHT TO FOOD AS A MECHANISM TO ADDRESS THE IMPACT OF THE WARMING OF THE GULF OF MAINE ON LOBSTER |
76 Maine Law Review 347 (June, 2024) |
Abstract Introduction I. United States v. Washington A. Background B. District Court Decision C. Ninth Circuit Decision II. Case study: Maine's focus on food SOVEREIGNty interacting with climate change A. Food SOVEREIGNty in Maine 1. Maine Town Ordinances and a Local Dairy Farmer 2. Right to Food Amendment and Sunday Hunting B. Climate Change and... |
2024 |
Yes |
| Joel Fishman, Ph.D., M.L.S., Allegheny County, Member of the Pennsylvania Bar |
JOHN SERGEANT (1779-1852): PHILADELPHIA CIVIC LEADER, CONGRESSMAN, LAWYER |
95 Pennsylvania Bar Association Quarterly 249 (October, 2024) |
John Sergeant (1779-1852) was a leading Philadelphia lawyer in the first half of the nineteenth century. He served in various civic activities, served as a member of the House of Representatives in seven Congresses, and had a distinguished legal career in both the Federal and Pennsylvania courts. This article will review his life and work.... |
2024 |
|
| James E. Pfander |
JUDICIAL REVIEW OF UNCONVENTIONAL ENFORCEMENT REGIMES |
102 Texas Law Review 769 (March, 2024) |
The Supreme Court's decision in Whole Woman's Health v. Jackson seriously complicates judicial review of unconventional private enforcement schemes. Announced in December 2021, before the leak and eventual publication of the Dobbs decision, WWH studiously declined to block the effectiveness of the Texas Heartbeat Act, S.B. 8, citing a reluctance to... |
2024 |
|
| Kirsten Matoy Carlson |
JUSTICE BEYOND THE STATE |
41 Alaska Law Review 45 (December, 2024) |
For decades the intersectionality of extreme rurality and cultural difference has led scholars and tribal leaders to advocate for recognition of local authority as a solution to the justice gap in rural Alaska. Local control often means developing courts in and extending jurisdiction to Alaska Native villages. This Article evaluates strengthening... |
2024 |
|
| Richard J. Lazarus, Andrew Slottje |
JUSTICE GORSUCH AND THE FUTURE OF ENVIRONMENTAL LAW |
43 Stanford Environmental Law Journal 1 (February, 2024) |
I. Introduction. 2 II. Justice Gorsuch's Nomination. 6 III. Justice Gorsuch's Environmental Record: A Quantitative Assessment. 10 IV. Justice Gorsuch's Environmental Record: A Qualitative Assessment. 18 A. Separation of Powers. 19 B. Federalism. 27 C. Personal Liberty and Autonomy. 39 V. Conclusion. 48 |
2024 |
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| Chava Spivak-Birndorf , Matt Timko |
KEEPING UP WITH NEW LEGAL TITLES |
116 Law Library Journal 433 (2024) |
Coates, Jessica, Victoria Owen, and Susan Reilly, eds. Navigating Copyright for Libraries: Purpose and Scope. Berlin/Boston: De Gruyter, 2022.547p. $114.99. ¶1 Navigating Copyright for Libraries: Purpose and Scope is an open and accessible primer for interested law librarians, law students, professors, or practitioners on the fundamentals of... |
2024 |
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| |
KNWAI FROM AHI: REVITALIZING THE HAWAI'I WATER CODE IN THE WAKE OF THE MAUI WILDFIRES |
137 Harvard Law Review 1994 (May, 2024) |
When the Maui wildfires in August 2023 forced Tereari'i Chandler-'ao to flee Lahaina, she could take only the necessities: food, clothes, and a box of water use-permit applications. The final item reflects an important quality of the fires: their focal point was not fire, but water. Since the birth of Hawai'i's sugar industry, recurrent water... |
2024 |
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| Alida Pitcher-Murray |
LANDBACK AND THE CASE FOR LAND RESTITUTION: HOW THE SOUTH AFRICAN LAND CLAIMS COURT AND RESTITUTION PROGRAMME CAN INFORM THE RETURN OF INDIGENOUS LAND IN THE UNITED STATES |
28 U.C. Davis Social Justice Law Review 1 (Winter, 2024) |
C1-2Table of Contents Abstract. 3 I. Part I: Introduction. 4 II. Part II: Settler Colonialism, the Indian Court of Claims, and the Land Claims Commission. 8 A. Treaties, Treaties, Theft, and Federal Policy as the Foundations for Native Land Loss. 8 1. Treaty Violations. 9 2. Federal Indian Policy. 11 3. The Demand for the Return of He Sapa. 14 B.... |
2024 |
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| Claudia Angelos , Mary Lu Bilek , Joan W. Howarth , Deborah Jones Merritt |
LANGDELL'S SUBJECTS |
102 University of Detroit Mercy Law Review 1 (Fall, 2024) |
When Christopher Columbus Langdell founded the law school curriculum that we teach, Jim Crow flourished. Women could not vote. The Supreme Court interpreted the Constitution to invalidate worker protections, but not racial apartheid. In that backwards era, more than 125 years ago, Langdell established our familiar first-year curriculum consisting... |
2024 |
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| Christine M. Bailey, Paul M. Collins Jr., Jesse H. Rhodes, Douglas Rice , Department of Political Science, University of Massachusetts, Amherst, MA, USA |
LEGAL ENTREPRENEURSHIP AND THE EVOLUTION OF MULTIDIMENSIONAL ADVOCACY IN SOCIAL MOVEMENTS: THE CASE OF MARRIAGE EQUALITY |
58 Law and Society Review 95 (March, 2024) |
(Received 3 February 2023; revised 11 July 2023; accepted 8 September 2023) The emergence and dissemination of new legal ideas can play an important role in sparking change in the way activists in marginalized communities understand their rights and pursue their objectives. How and why do the legal beliefs of such communities evolve? We argue that... |
2024 |
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| Rebecca Johnson |
LEGAL REIMAGINATIONS - NOTES FROM THE NORTH ON ENGAGING WITH INDIGENOUS LEGAL ORDERS |
35 Yale Journal of Law & the Humanities 378 (2024) |
James Boyd White's The Legal Imagination sits within reaching distance on my bookshelf. It is the original 1973 yellow hardcover version. The spine is a bit ripped, the binding loose in places, there are scribbles in the margins, and post-it notes are liberally scattered throughout the book. Some pages (oh, the horror!) even bear witness to an... |
2024 |
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| David Berman |
LENDING EXPERIMENTALISM: A NEW REGULATORY APPROACH TO PAYDAY LOANS |
31 Georgetown Journal on Poverty Law and Policy 237 (Winter, 2024) |
Payday loans entangle consumers with few alternatives in catastrophically harmful cycles of borrowing. But because of their design, payday loans are vexingly difficult to regulate effectively. This article explains how the structure of regulatory oversight of payday lending abets lenders' evasion. In it, I focus on how dynamism, the financial... |
2024 |
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| Katie Sheftic |
LEVERAGING THE 'LAW OF THE RIVER': THE LEGAL HISTORY UPSTREAM FROM THE COLORADO RIVER CRISIS AND ITS LESSONS FOR THE COEUR D'ALENE-SPOKANE RIVER BASIN |
60 Idaho Law Review 427 (2024) |
Interstate water resources must be equitably apportioned among appurtenant states. Although states command authority over water within their borders, political boundaries alone cannot protect an interstate river from over-appropriation by neighboring states. When the Colorado River was equitably apportioned a century ago, it effortlessly hydrated... |
2024 |
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| Joseph M. Raimondi |
LOOSEN UP: THE FOLLIES OF STRICT CONSTRUCTION AS APPLIED TO A STATUTORY TRIBAL SOVEREIGN IMMUNITY WAIVER |
98 Saint John's Law Review 161 (2024) |
On February 9, 2020, Brian Coughlin attempted suicide, leading to an eleven-day stint at the hospital. He was experiencing overwhelming stress, anxiety and lack of hope for a better life. He had recently filed for bankruptcy, which normally triggers a stay that prevents creditors from engaging in any act to collect, assess, or recover a claim... |
2024 |
Yes |
| Olivia Luongo, Hema Gharia, Mell Chhoy, Hattie Phelps, Jessica Flynn |
MARRIAGE AND DIVORCE |
25 Georgetown Journal of Gender and the Law 767 (Annual Review 2024) |
I. Introduction. 768 II. Same-Sex Marriage. 768 A. Background. 768 B. The Obergefell Holding. 769 C. Implementation and Enforcement Challenges Since Obergefell. 771 III. State Regulation of Marriage. 773 A. Jurisdiction and Recognition. 773 B. Rights Resulting from Formation. 776 C. Plural Marriage. 783 D. Covenant Marriage. 784 E. Status of Civil... |
2024 |
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| Trent Wallace |
MAU FOREST EVICTIONS IN KENYA: HOW AN INTERNATIONAL TRIBUNAL'S AFFIRMATION OF INDIGENOUS RIGHTS DIFFERS FROM FEDERAL INDIAN LAW IN THE UNITED STATES |
34 Indiana International & Comparative Law Review 309 (2024) |
Many proponents of Indigenous rights in the United States advocate for the domestic legal system to adopt international law standards to strengthen the rights of American Indians and Tribes. This proposition assumes that domestic law is inconsistent with international law standards. In this Note, the author contrasts a recent decision from an... |
2024 |
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| Kris Goodwill |
MENOMINEE TERMINATION AND RESTORATION |
97-JUN Wisconsin Lawyer 14 (June, 2024) |
Because of changing federal policy regarding Indian tribes, federal statutes directed at specific tribes or all tribes, and ever-evolving case law, federal Indian law is very complex. This article focuses on the Menominee Indian Tribe's termination and restoration against the backdrop of federal governmental policy toward all tribes in the United... |
2024 |
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| Michaela B. Parks |
NARROWING FROM BELOW: HOW LOWER COURTS CAN LIMIT CASTRO-HUERTA |
76 Arkansas Law Review 837 (2024) |
Let me begin by offering this: the future of federal Indian law is bright. It is not bleak, nor over, nor is it even the beginning of the end, despite many initial reactions to the United States Supreme Court decision Oklahoma v. Castro-Huerta. It is all too easy to have a human reaction to bad news. I know I, along with many others across Indian... |
2024 |
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| Brett G. Roberts |
NATIVE AMERICANS IN THE CLUTCHES OF CATHOLICISM: HOW CATHOLICISM AND NATIVE RIGHTS CONNECT VIA NATURAL LAW IN A WORLD THAT WANTS YOU TO BELIEVE OTHERWISE |
22 Ave Maria Law Review 44 (Spring, 2024) |
Native American cultures and the good news are not two competing ideas. They can and do merge, as can be seen in how God's grace fulfills the lives of so many Native Americans. With a deeper understanding of the Native American Catholic communities, we, as a Church, are better able to unify both the faith and the cultures that guide Catholic... |
2024 |
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| Nazune Menka |
NATIVE NATION RESISTANCE TO THE MACHINATIONS OF SETTLER COLONIAL DEMOCRACY |
59 Harvard Civil Rights-Civil Liberties Law Review 141 (Spring, 2024) |
I come from an island and you come from a continent, yet let us gather today, and share our stories of hurt, our stories of healing .. I hope the stories we share . will carry us towards SOVEREIGN horizons. -Craig Santos Perez (CHamoru) This Essay's publication coincides with the centennial commemoration of the Indian Citizenship Act of 1924,... |
2024 |
Yes |
| Brynna Collins |
NATIVE NATIONS' AUTONOMY IN THE MODERN ERA |
29 Public Interest Law Reporter 250 (Spring, 2024) |
Over the course of the development of the United States, there were a total of 368 treaties signed between the United States and Native Nations. These treaties included agreements between the United States and the Native tribes to trade land in exchange for autonomy, recognition of SOVEREIGNty, and assistance of services. Most of these treaties... |
2024 |
Yes |
| Temple Stoellinger, Dessa Reimer |
NAVIGATING THE NEW NEPA LANDSCAPE: AN OVERVIEW OF THE 2024 PHASE 2 REGULATIONS AND RECENT STATUTORY CHANGES |
61 The Foundation Journal for Natural Resources and Energy Law 223 (2024) |
I. Introduction II. NEPA History and Key Requirements A. Key Provisions of NEPA B. The 1978 Council on Environmental Quality NEPA Regulations III. Modern Regulatory and Statutory Reform Efforts A. The 2020 Regulatory Revisions B. 2022 Phase 1 NEPA Rule C. 2023 Fiscal Responsibility Act NEPA Amendments D. 2023 Phase 2 Rule Proposal IV. The 2024... |
2024 |
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| Anthony M. Ciolli |
NEEDFUL RULES AND REGULATIONS: ORIGINALIST REFLECTIONS ON THE TERRITORIAL CLAUSE |
77 Vanderbilt Law Review 1263 (May, 2024) |
Introduction. 1264 I. Why the Insular Cases Still Matter. 1268 II. The Reluctance to Revisit the Insular Cases. 1271 III. Getting the Territorial Clause Right. 1279 A. The Plain Text of the Constitution and Historical Practice. 1280 1. The Territorial Clause. 1281 2. Other Relevant Provisions of the U.S. Constitution. 1290 B. Envisioning a... |
2024 |
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| Arne R. Leonard |
NEW MEXICO TRUE: CRAFTING A MORE INCLUSIVE AND INDEPENDENT METHOD OF STATE CONSTITUTIONAL INTERPRETATION FOR CLAIMS UNDER THE NEW MEXICO CIVIL RIGHTS ACT |
54 New Mexico Law Review 425 (Summer, 2024) |
A few weeks after a violent mob of White Nationalists broke into the United States Capitol with the intent to stop Congress from certifying the results of the presidential election on January 6, 2021, the New Mexico Legislature began its regular legislative session at the Roundhouse in Santa Fe. On the agenda that session were the New Mexico Civil... |
2024 |
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| Megan Carrasco, (https://businesslawtoday.org/author/megan-carrasco/), Snell & Wilmer LLP |
NEW TAX TREATMENT FOR WHOLLY OWNED TRIBAL ENTITIES? |
2024-OCT Business Law Today 70 (October, 2024) |
As a function of dual SOVEREIGNty, Indian Tribal Nations are generally exempt from federal and state taxation. The Internal Revenue Service (IRS) has proposed to extend this logic one step further. On October 9, 2024, the IRS issued a notice of proposed rulemaking (NOPR) and notice of public hearing... |
2024 |
Yes |
| |
NNALSA BRIEFS INTRODUCTION |
47 Public Land & Resources Law Review 161 (2024) |
The National Native American Law Students Association held its 32 annual moot court competition at the Alexander Blewett III School of Law at the University of Montana in February 2024. As the host school for this year's competition, the Public Land & Resources Law Review is honored to publish the following outstanding briefs from the... |
2024 |
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| Tristan Hanna |
NO DICE: SPORTS BETTING IN CALIFORNIA |
55 University of the Pacific Law Review 343 (February, 2024) |
C1-2Table of Contents I. Introduction. 344 II. Gaming Law at the Federal, State, and Tribal Level. 346 A. The Indian Gaming Regulatory Act Regulates Tribal Gaming. 346 B. Federal Law Regulating Sports Betting. 348 C. California Law on Sports Gambling. 349 D. Compacts Give Tribes the Ability to Conduct Gaming California Law Prohibits. 350 III.... |
2024 |
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