| Author | Title | Citation | Summary | Year | Key Terms |
| Michael D. McNally |
THE SACRED AND THE PROFANED: PROTECTION OF NATIVE AMERICAN SACRED PLACES THAT HAVE BEEN DESECRATED |
111 California Law Review 395 (April, 2023) |
From Standing Rock to San Francisco Peaks, Native American efforts to protect threatened sacred places in court have been troubled by what this Article identifies as the profanation principle: a presumption that places already profaned or degraded by development or pollution can no longer be sufficiently sacred to Native peoples to merit... |
2023 |
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| W. Tanner Allread |
THE SPECTER OF INDIAN REMOVAL: THE PERSISTENCE OF STATE SUPREMACY ARGUMENTS IN FEDERAL INDIAN LAW |
123 Columbia Law Review 1533 (October, 2023) |
In the 2022 case of Oklahoma v. Castro-Huerta, the Supreme Court departed from one of the foundational cases in federal Indian law, Worcester v. Georgia. Chief Justice John Marshall's 1832 opinion had dismissed state power over Indian Country. But in Castro-Huerta, the Court took precisely the kind of arguments about state power that Chief Justice... |
2023 |
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| Andrew Willinger |
THE TERRITORIES UNDER TEXT, HISTORY, AND TRADITION |
101 Washington University Law Review 1 (2023) |
In two of its major decisions in the 2021-2022 Term, New York State Rifle & Pistol Ass'n v. Bruen and Dobbs v. Jackson Women's Health Organization, the Court continued solidifying its originalist method of constitutional interpretation by looking increasingly to historical regulatory practice to construe how the Constitution protects individual... |
2023 |
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| Christina Rinnert |
THE TROUBLE WITH THE TRIBAL LAW AND ORDER ACT |
59-AUG Arizona Attorney 36 (July/August, 2023) |
The application of the Tribal Law and Order Act (TLOA) creates multiple issues for tribes: a lack of funding for appointing attorneys, concerns about congressionally dictated incarceration limitations' effects on tribal sovereignty, and negative effects on tribal justice customs and traditions. Many of us have heard the Miranda rights recited so... |
2023 |
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| Karin Mika |
THE UNITED STATES AND THE NEED FOR AN IMPROVED GLOBAL CITIZENSHIP IN THE TWENTY-FIRST CENTURY: HOW HISTORY SHAPED OUR IDENTITY AS A NATION |
72 Cleveland State Law Review 25 (2023) |
This Article describes how accidents of geography and history enabled the United States to become the global power that it has become. It examines how the extended warring in Europe during the Eighteenth and Nineteenth century allowed the United States to develop as a country without the repeated necessity of continually rebuilding, as was... |
2023 |
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| Jeanne L. Schroeder , David Gray Carlson |
THIRD-PARTY RELEASES UNDER THE BANKRUPTCY CODE AFTER PURDUE PHARMA |
31 American Bankruptcy Institute Law Review 1 (Winter, 2023) |
C1-2Table of Contents Introduction. 2 I. Species of Releases. 5 A. Settlements. 6 1. Breach of Fiduciary Duty. 7 2. Piercing Corporate Veils. 8 3. Fraudulent Transfers. 10 4. Joint and Several Liability. 11 B. Insurance Cases. 12 C. Qualified Immunity. 15 D. Asbestos Cases. 16 E. Expropriation of Third-Party Rights. 18 F. Eminent Domain. 21 II. The... |
2023 |
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| Adam Crepelle |
THOUGHTS ON A NATION WITHIN'S DISCUSSION OF THE NAVAJO NATION'S WATER RIGHTS |
52 Southwestern Law Review 208 (2023) |
Professor Ezra Rosser's book, A Nation Within: Navajo Land and Economic Development, paints a vivid picture of the challenges facing the Navajo Nation. The book provides a concise history of the challenges the Navajo have encountered since first European contact. Rosser clearly explains the past injustices perpetrated against the Navajo by the... |
2023 |
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| Elena S. Meth |
TITLE VII'S FAILURES: A HISTORY OF OVERLOOKED INDIFFERENCE |
121 Michigan Law Review 1417 (June, 2023) |
Nearly sixty years after the adoption of Title VII and over thirty since intersectionality theory was brought into legal discourse by Professor Kimberlé Crenshaw, the U.S. Supreme Court has consistently failed to meaningfully implement intersectionality into its decisionmaking. While there is certainly no shortage of scholarship on... |
2023 |
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| Kalae Trask |
TOWARD MUTUAL RECOGNITION: AN INVESTIGATION OF ORAL TRADITION EVIDENCE IN THE UNITED STATES AND CANADA |
13 Washington Journal of Social & Environmental Justice 54 (May, 2023) |
United States (U.S.) courts have long failed to recognize the value of oral traditional evidence (OTE) in the law. Yet, for Indigenous peoples, OTE forms the basis of many of their claims to place, property, and political power. In Canada, courts must examine Indigenous OTE on equal footing with other forms of admissable evidence. While legal... |
2023 |
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| Sarah M. Kelly |
TOWARD SELF-DETERMINATION IN THE U.S. TERRITORIES: THE RESTORATIVE JUSTICE IMPLICATIONS OF REJECTING THE INSULAR CASES |
28 Michigan Journal of Race and Law 109 (Spring, 2023) |
Conservatives and liberals alike are increasingly calling for condemnation of the Insular Cases--a series of U.S. Supreme Court cases from the early 1900s, in which the Court developed the doctrine of territorial incorporation to license the United States' indefinite holding of overseas colonial possessions. In March 2021, members of the U.S. House... |
2023 |
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| Ryan B. Stoa |
TRIBAL CANNABIS AGRICULTURE LAW |
2023 Utah Law Review 1075 (2023) |
Indian tribes have some freedom to develop their own approach to cannabis agriculture, but what is the nature of that freedom, and how have tribes acted upon it? This Article investigates the current legal framework surrounding tribal cannabis agriculture and tribal participation in legal cannabis markets. It is generally believed that tribes have... |
2023 |
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| Lauren van Schilfgaarde, Aila Hoss, Ann E. Tweedy, Sarah Deer, Stacy Leeds |
TRIBAL NATIONS AND ABORTION ACCESS: A PATH FORWARD |
46 Harvard Journal of Law & Gender 1 (Winter, 2023) |
I. Introduction. 2 II. Historical Backdrop for Reproductive Autonomy. 8 III. Abortion Care in Indian Country Today. 17 A. Federal Indian Health System. 19 B. Facility Abortion Policies. 22 C. Indigenous Access to Abortion Care. 26 D. Views of Abortion Across Indian Country. 29 IV. Navigating Jurisdiction in Indian Country. 31 A. Criminal... |
2023 |
|
| Angela R. Riley |
TRIBAL SELF-DETERMINATION AND A NATION WITHIN |
52 Southwestern Law Review 217 (2023) |
Native Nations in the United States are stronger today in some respects than they have been in the last 250 years. Despite this growth, however, tribes continue to experience the instability that comes from the ruptures of colonialism and must work to recover, rebuild, and revive the cultural lifeways that make them who they are as Indigenous... |
2023 |
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| Christopher R. Green |
TRIBES, NATIONS, STATES: OUR THREE COMMERCE POWERS |
127 Penn State Law Review 643 (Summer, 2023) |
The scope of federal power is sometimes seen as a long-running battle between two stories. Story One sees the commerce power as initially broad, mistakenly contracted in the late nineteenth century, then properly restored in 1937 as the national power to deal with national problems. Story Two sees 1937 as the mistake, and the commerce power as... |
2023 |
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| Ellen Elizabeth Scott |
TWENTY-FIRST CENTURY COLONIZATION IS NOT A GOOD POLICY DECISION |
51 Georgia Journal of International and Comparative Law 867 (2023) |
C1-2Table of Contents I. Introduction. 868 II. Background. 871 A. Initial Colonization of the Chagos Islands: The Chagossians. 871 B. Islands' Geography. 873 C. The United Kingdom's Continued Presence. 873 D. Missed Economic Opportunity: IO Domain Code. 875 E. Recent Events. 876 III. Analysis. 878 A. The Perfect Spot for Guns. 878 B. Clinging to... |
2023 |
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| Justin E. Brooks |
TWO COUNTRIES IN CRISIS: MAN CAMPS AND THE NIGHTMARE OF NON-INDIGENOUS CRIMINAL JURISDICTION IN THE UNITED STATES AND CANADA |
56 Vanderbilt Journal of Transnational Law 533 (March, 2023) |
Thousands of Indigenous women and girls have gone missing or have been found murdered across the United States and Canada; these disappearances and killings are so frequent and widespread that they have become known as the Missing and Murdered Indigenous Women Crisis (MMIW Crisis). Indigenous communities in both countries often lack the... |
2023 |
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| Christopher Mark Macneill |
UNCLOS, UNDRIP & TARTUPALUK: THE GRIM TALE OF HANS ISLE AND GRAENSE |
23 Sustainable Development Law & Policy 18 (Spring, 2023) |
Inuit have lived in the Arctic from time immemorial. The Arctic, in the face of climate change, has become a hot spot for exploration, resource extraction, and increased shipping and scientific activity. [The] Inuit . have had a common and shared use of the sea area and the adjacent coasts among their own communities, and contemporaneously with... |
2023 |
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| Neoshia R. Roemer |
UN-ERASING AMERICAN INDIANS AND THE INDIAN CHILD WELFARE ACT FROM FAMILY LAW |
56 Family Law Quarterly 31 (2022-2023) |
In 1978, Congress enacted the Indian Child Welfare Act (ICWA) as a remedial measure to correct centuries-old policies that removed Indian children from their families and tribal communities at alarming rates. Since 1978, courts presiding over child custody matters around the country have applied ICWA. Over the last few decades, state legislatures,... |
2023 |
|
| Nicole Pla |
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT |
26 University of Denver Water Law Review 147 (Fall, 2023) |
Klamath Irrigation Dist. v. U.S. Bureau of Reclamation, 48 F.4th 934 (9th Cir. 2022) (holding that: (i) the Tribes were required parties; (ii) the Tribes could not be joined due to tribal sovereign immunity; and (iii) the case could not proceed in equity and good conscience in the Tribes' absence). The Bureau of Reclamation (Reclamation)... |
2023 |
|
| Jocelyn Getgen Kestenbaum , Caroline Bishop LaPorte |
UNSETTLING HUMAN RIGHTS CLINICAL PEDAGOGY AND PRACTICE IN SETTLER COLONIAL CONTEXTS |
31 American University Journal of Gender, Social Policy and the Law 441 (2023) |
Abstract. 442 I. Introduction. 443 II. Critiques of International Human Rights Law, Pedagogy & Practice. 453 A. International Human Rights Law. 454 B. Law School Pedagogy & Practice. 462 III. Incorporating Indigenous Values in Human Rights Clinical Pedagogy & Practice. 466 A. Prioritize Process as Successful Human Rights Practice. 466 B. Reject... |
2023 |
|
| M. Kathryn Hoover |
UP SHIT CREEK --LOOKING FOR A PADDLE |
59-AUG Arizona Attorney 24 (July/August, 2023) |
At the turn of the 21st century, the Navajo Nation faced a dilemma. The Nation's lands in Arizona were in desperate need of water. Earlier efforts to settle the Nation's water rights claims to the Colorado River had collapsed when the Nation sued Peabody Coal Company for its role in a scheme to deflate royalties paid to the Nation for Navajo coal.... |
2023 |
|
| Christine Annerfalk , Kevin Bales |
VARIATIONS IN VALOR? AMERICAN CONFLICT, THE "INDIAN WARS," AND THE CONGRESSIONAL MEDAL OF HONOR |
18 Intercultural Human Rights Law Review 175 (2023) |
The Medal of Honor is the highest award given to United States soldiers. It assumes extreme risk and sacrifice in action against an enemy. It is often awarded posthumously. This paper will examine two themes: first, a significant variation in the award of the Medal across conflicts. Further, this paper will discuss the awarding patterns of the... |
2023 |
|
| Heather Tanana |
VOICES OF THE RIVER: THE RISE OF INDIGENOUS WOMEN LEADERS IN THE COLORADO RIVER BASIN |
34 Colorado Environmental Law Journal 265 (Spring, 2023) |
Climate change is one of the leading challenges facing tribes today. Traditionally, Indigenous women played significant roles in tribal decisionmaking and governance. However, European contact and colonization shifted gender dynamics, imposing male-dominated leadership. Recently, Native American women are reclaiming leadership positions--formally... |
2023 |
|
| Erin Rubin |
WATER RIGHTS OF PUBLIC DOMAIN ALLOTMENTS |
132 Yale Law Journal Forum 957 (2/17/2023) |
abstract. Indigenous peoples in the United States have stewarded its land and water for millennia, but now face barriers to accessing sufficient amounts of clean, safe water. Public domain allotments (PDAs) are one solution the United States offers to provide land to Indian people, but PDAs and the rights attaching to them are insufficiently... |
2023 |
|
| Laura S. Underkuffler |
WAYS OF KNOWING AND THE LAW: A TRIBUTE TO JOSEPH WILLIAM SINGER |
10 Texas A&M Law Review 697 (Summer, 2023) |
What is art in human life? When we think of art, it seems at first blush to be just another human endeavor. It is brush strokes of some chosen substance across a piece of canvas or paper. It is the piece of wood or stone left after pieces have been removed by human hands. It is sounds made of a certain pitch and in a certain pattern, rather than... |
2023 |
|
| Gregory Ablavsky , W. Tanner Allread |
WE THE (NATIVE) PEOPLE?: HOW INDIGENOUS PEOPLES DEBATED THE U.S. CONSTITUTION |
123 Columbia Law Review 243 (March, 2023) |
The Constitution was written in the name of the People of the United States. And yet, many of the nation's actual people were excluded from the document's drafting and ratification based on race, gender, and class. But these groups were far from silent. A more inclusive constitutional history might capture marginalized communities' roles as... |
2023 |
|
| Malcolm M. Gilbert , Aspen B. Ward |
WHAT THE TRUST? OVERCOMING BARRIERS TO RENEWABLE ENERGY DEVELOPMENT IN INDIAN COUNTRY |
46 Public Land & Resources Law Review 133 (2023) |
I. Introduction. 134 II. Tattered Trust in A Patchwork Quilt. 136 A. Origins of the federal trust doctrine. 136 B. The modern federal trust responsibility. 139 C. Dismantling paternalism in American Indian energy policy. 141 III. The Frustrated Impact of Good Intentions. 143 A. Bringing native-owned energy to market. 144 1. Debt financing. 145 2.... |
2023 |
|
| Timothy Sandefur |
WHY HAALAND v. BRACKEEN IS NOT THE END OF THE STORY |
2023 Cato Supreme Court Review 169 (2022-2023) |
The story does not end with the last word. It goes on in the silence of the mind .. I profess the conviction that there is only one story, but there are many stories in the one. --N. Scott Momaday The Indian Child Welfare Act (ICWA) is a federal law which establishes a set of rules state governments must follow in child custody proceedings... |
2023 |
|
| Gregory L. Lui-Kwan |
WILLIAM S. RICHARDSON SCHOOL OF LAW--REALIZING THE DREAM AND KEEPING IT ALIVE |
27-SEP Hawaii Bar Journal 4 (September, 2023) |
Part I of Realizing the Dream and Keeping It Alive outlined the vision of the founders of the William S. Richardson School of Law, the law school's struggles for survival in the early years, and its success in fulfilling its mission over the last 50 years. Part II highlights the scholarship and contributions of the law school's faculty, the... |
2023 |
|
| Daniel Ahrens , Case Nieboer |
WINNER, BEST APPELLATE BRIEF IN THE 2022 NATIVE AMERICAN LAW STUDENT ASSOCIATION MOOT COURT COMPETITION |
47 American Indian Law Review 167 (2022-2023) |
1. Whether, through general reference to the existence of Native peoples in the Greening of America Act, Congress expressed its clear intent to terminate its solemn treaty promises to the sovereign Winomee Nation? 2. Whether the Greening of America's Act's transfer of title to and planned destruction of the Winomee Nation's most sacred mountain... |
2023 |
|
| Noah Goldenberg , Clayton Kinsey |
WINNER, BEST APPELLATE BRIEF IN THE 2023 NATIVE AMERICAN LAW STUDENT ASSOCIATION MOOT COURT COMPETITION |
47 American Indian Law Review 343 (2022-2023) |
1. Does the Minneshonka Nation retain a power of eminent domain expansive enough to apply to non-enrolled descendants, if retaining the power at all? 2. Does the Minneshonka Nation retain inherent authority to seize non-Indian fee land within the reservation based on the presence of Minneshonka Cane? On August 20, 2020, the Minneshonka Nation's... |
2023 |
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| Jesse Honig, David Takacs |
WOLF LAW |
41 UCLA Journal of Environmental Law & Policy 39 (2023) |
Various populations of wolves have been listed as threatened or endangered under the U.S. Endangered Species Act since the 1970s. But no listed species has aroused, and continues to arouse, so much controversy as the Northern Gray wolf. Wolf law is unique, odd, and often counterproductive--at least if the goal is to ensure the species' survival... |
2023 |
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| Donald Craig Mitchell |
YELLEN v. CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION: WHY LEGISLATIVE HISTORY STILL SHOULD COUNT |
59 Willamette Law Review 215 (Spring, 2023) |
To mitigate the damage the coronavirus pandemic was inflicting on the nation's economy, on March 27, 2020, President Donald Trump signed H.R. 748, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). Pursuant to what in Congress is called the regular order, a senator or member of the U.S. House of Representatives introduces a bill,... |
2023 |
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| Clifford J. Villa |
"DON'T BLAME THE FLINT RIVER" |
52 Environmental Law 341 (Summer, 2022) |
Since appearing in modern form fifty years ago, the Clean Water Act has proven a powerful force for environmental justice, helping to clean up urban waterways across the country. Through establishment of water quality standards and enforcement of regulatory requirements, the Clean Water Act has compelled public authorities and private companies to... |
2022 |
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| Margo A. Bagley |
"JUST" SHARING: THE VIRTUES OF DIGITAL SEQUENCE INFORMATION BENEFIT-SHARING FOR THE COMMON GOOD |
63 Harvard International Law Journal 1 (Winter, 2022) |
Genome sequence information is being used to develop improvements in diverse product areas from agriculture to therapeutics. In fact, the rapid development of COVID-19 vaccines required access to the genome sequence of the virus. Beyond the COVID-19 context, however, vast amounts of what is being called digital sequence information (DSI) are being... |
2022 |
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| Mary Christina Wood |
"ON THE EVE OF DESTRUCTION": COURTS CONFRONTING THE CLIMATE EMERGENCY |
97 Indiana Law Journal 239 (Winter, 2022) |
In the dim and smokey twilight, with only bare necessities in tow, a family rushes to escape the wildfire racing toward them. Elsewhere, a household evacuates just ahead of a category five hurricane, perhaps not for the first time. Along the coastlines, countless others are resigned to looking on as their homesites erode into the inexorably rising... |
2022 |
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| Claire Blumenthal |
"WE HOLD THE GOVERNMENT TO ITS WORD": HOW MCGIRT v. OKLAHOMA REVIVES ABORIGINAL TITLE |
131 Yale Law Journal 2326 (May, 2022) |
This Note analyzes for the first time how McGirt v. Oklahoma could revive aboriginal-title land claims against the United States and create an opening for Land Back litigation. It argues that McGirt directs lower courts to enforce aboriginal title's congressional-intent requirement strictly and renews the relevance of an overlooked case from 2015,... |
2022 |
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| Charles R. Venator-Santiago |
¿CUÁLES SON LAS FUENTES CONSTITUCIONALES DE LA LEGISLACIÓN SOBRE LA CIUDADANÍA DE LOS ESTADOS UNIDOS PARA PUERTO RICO? |
91 Revista Juridica Universidad de Puerto Rico 793 (2022) |
Introducción. 793 I. Teorías especulativas. 795 II. Definiendo el estatus político de Puerto Rico. 801 III. Una visión general de la legislación de ciudadanía extendida a Puerto Rico. 810 A. Fuentes constitucionales de la ciudadanía de los Estados Unidos en 1898. 811 B. Nacionalidad no ciudadana o ciudadanía puertorriqueña 1898-1934. 812 C.... |
2022 |
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| Michael C. Blumm, Gregory A. Allen |
30 BY 30, AREAS OF CRITICAL ENVIRONMENTAL CONCERN, AND TRIBAL CULTURAL LANDS |
52 Environmental Law Reporter (ELI) 10366 (May, 2022) |
President Joe Biden's Executive Order No. 14008 of January 2021 called for the Administration to conserve at least 30% of the nation's lands and waters by 2030. To accomplish this ambitious 30 by 30 effort, the Order directed federal agencies to work with tribal governments, among others, to propose lands and waters as qualifying for... |
2022 |
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| Anita Sinha |
A LINEAGE OF FAMILY SEPARATION |
87 Brooklyn Law Review 445 (Winter, 2022) |
History, as nearly no one seems to know, is not merely something to be read. And it does not refer merely, or even principally, to the past. On the contrary, the great force of history comes from the fact that we carry it within us .. This article is rooted in the belief that the articulation of shared narrative histories advances the pursuit of... |
2022 |
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| Reuven Avi-Yonah , Young Ran (Christine) Kim , Karen Sam |
A NEW FRAMEWORK FOR DIGITAL TAXATION |
63 Harvard International Law Journal 279 (Spring, 2022) |
The international tax regime has wide implications for business, trade, and the international political economy. Under current law, multinational enterprises do not pay their fair share of taxes to market countries where profits are generated because market countries are only allowed to tax companies with a physical presence there. Digital... |
2022 |
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| Ekrem Korkut, Lara B. Fowler, Kathleen E. Halvorsen, Davin Holen, E. Lance Howe, Guangqing Chi |
ADDRESSING CLIMATE IMPACTS IN ALASKA NATIVE TRIBES: LEGAL BARRIERS FOR COMMUNITY RELOCATION DUE TO THAWING PERMAFROST AND COASTAL EROSION |
40 UCLA Journal of Environmental Law & Policy 185 (2022) |
Rural communities in Alaska--predominantly Alaska Native Tribes--are at the forefront of climate change impacts and climate justice concerns in the United States. According to the 2019 Alaska statewide threat assessment report, 29 communities are currently experiencing significant climate change-related erosion. Further, 38 communities face... |
2022 |
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| Arianna Zrzavy, Molly Blondell, Wakako Kobayashi, Bryan Redden, Paul Mohai |
ADDRESSING CUMULATIVE IMPACTS: LESSONS FROM ENVIRONMENTAL JUSTICE SCREENING TOOL DEVELOPMENT AND RESISTANCE |
52 Environmental Law Reporter (ELI) 10111 (February, 2022) |
This Article discusses how disparate environmental burdens can be addressed using environmental justice (EJ) screening tools. It identifies states that have developed state-specific EJ screening tools, analyzes these tools' functions, and identifies strategies to overcome resistance to them. The authors conducted interviews with multiple... |
2022 |
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| Christian Webber |
AIDING EMPLOYMENT AND THE ENVIRONMENT ON TRIBAL LANDS: AN ANALYSIS OF HIRING PREFERENCES AND THEIR USE IN THE MINING INDUSTRY |
12 Arizona Journal of Environmental Law & Policy 298 (Summer, 2022) |
This Note analyzes hiring preferences on tribal lands in the mining industry within the United States and particularly in the State of Arizona, which has a relatively high number of both mines and federally recognized tribes. Arizona has its own robust history and case law on hiring preferences in the mining industry for tribal members. This Note... |
2022 |
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| Kerri M. Gefeke |
AMERICA TO ME--A PUBLIC NUISANCE REPARATIONS FRAMEWORK THROUGH THE LENS OF THE TULSA MASSACRE |
55 UIC Law Review 681 (Winter 2022) |
I. Introduction. 682 II. Background. 686 A. What are Reparations?. 686 B. Types of Reparations Provided by the United States in the Past. 687 1. The Rhetoric of Race and Understanding United States History. 687 2. Reparations to the Sioux Nation. 688 3. Reparations to Japanese-Americans Internment Survivors. 689 4. Reparations for the Tuskegee... |
2022 |
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| James D. Diamond |
AN UNCOMFORTABLE TRUTH: LAW AS A WEAPON OF OPPRESSION OF THE INDIGENOUS PEOPLES OF SOUTHERN NEW ENGLAND |
27 Roger Williams University Law Review 255 (Spring, 2022) |
Southern New England, today, is a de facto exception to much of U.S. Indian law and policy, with progress sustained by Indigenous peoples in the region at a bare minimum. The exception is the product of more than three hundred years of discrimination and persecution with law employed as the primary weapon. After the conclusion of seventeenth... |
2022 |
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| Avery Locklear |
ARE YOU NATIVE AMERICAN? |
100 North Carolina Law Review Forum 118 (2022) |
Throughout history, our nation has been obsessed with the identity of various groups of people inhabiting the United States. Since the founding, Native Americans have been tasked with protecting the traditions and customs that shape their identity against colonized norms. In the late 1800s, the Indian Major Crimes Act was created to further strip... |
2022 |
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| James T. Campbell |
AURELIUS'S ARTICLE III REVISIONISM: REIMAGINING JUDICIAL ENGAGEMENT WITH THE INSULAR CASES AND "THE LAW OF THE TERRITORIES" |
131 Yale Law Journal 2542 (June, 2022) |
The Supreme Court's unanimous decision upholding the appointments structure of Puerto Rico's controversial Financial Oversight and Management Board in FOMB v. Aurelius has, to date, yielded commentary fixated on what the Justices did not say. The bulk of that commentary criticizes the Court for declining to square up to and overturn the Insular... |
2022 |
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| Michael D. McNally, John M. and Elizabeth W. Musser Professor of Religious Studies, Carleton College |
AUTHOR'S RESPONSE, DEFEND THE SACRED: NATIVE AMERICAN RELIGIOUS FREEDOM BEYOND THE FIRST AMENDMENT BY MICHAEL D. MCNALLY. PRINCETON: PRINCETON UNIVERSITY PRESS, 2020. PP. 400. $99.95 (CLOTH); $26.95 (PAPER); $26.95 (DIGITAL). ISBN: 9780691190891 |
37 Journal of Law and Religion 199 (January, 2022) |
Keywords: Native American religions; sacred places; Indigenous; Native American I am humbled to have had such close and perceptive readings of a book that I had always imagined as successful if it convened further conversation. My interlocutors in this symposium are people whose work and example I admire deeply, and readers are encouraged to take... |
2022 |
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| Nicole Russo |
BACK TO BASICS: THE SUPREME COURT'S RETURN TO FUNDAMENTAL PRINCIPLES OF FEDERAL INDIAN LAW IN MCGIRT v. OKLAHOMA AHEAD OF EQUAL PROTECTION CHALLENGE TO THE INDIAN CHILD WELFARE ACT OF 1978 |
55 Suffolk University Law Review 123 (2022) |
[T]he Supreme Court has been inattentive, flippant, and disrespectful of Indian rights, and has seen its task as one of finding arguments that will make actions by the other two branches appear legal. Many doctrines' have emerged over the course of 170 years of hearing Indian cases, but the various courts have felt no compulsion to follow... |
2022 |
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