| Author | Title | Citation | Summary | Year | Key Terms |
| Nadège Montagnon |
THE RECENT IDAHO SUPREME COURT RULING ON THE RESERVED RIGHTS OF THE COEUR D'ALENE RESERVATION: ANALYSIS OF THE CONSISTENCY OF THE STATE COURT CASE WITH FEDERAL LAW ON RESERVED WATER RIGHTS |
57 Idaho Law Review 175 (2021) |
C1-2TABLE OF CONTENTS I. INTRODUCTION. 175 II. BACKGROUND. 176 A. The Winters Case. 177 B. The New Mexico Case. 178 III. PRIOR TO THE COEUR D'ALENE DECISION. 179 A. The Broader View: The Homeland Purpose Theory. 179 B. The Narrow View: The Controlling Case Law's Rule of Primary Secondary Distinction. 181 i. The Ninth Circuit Court of Appeals... |
2021 |
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| John D. Bessler |
THE RULE OF LAW: A NECESSARY PILLAR OF FREE AND DEMOCRATIC SOCIETIES FOR PROTECTING HUMAN RIGHTS |
61 Santa Clara Law Review 467 (2021) |
This essay traces the history and development of the concept of the Rule of Law from ancient times through the present. It describes the elements of the Rule of Law and its importance to the protection of human rights in a variety of contexts, including under domestic and international law. From ancient Greece and Rome to the Enlightenment, and... |
2021 |
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| Meghan O'Connor |
THE SECRETARY OF THE INTERIOR HAS THE AUTHORITY TO TAKE LAND INTO TRUST FOR FEDERALLY RECOGNIZED ALASKA TRIBES |
45 American Indian Law Review 89 (2021) |
Acreage proves Alaska is the largest state in the United States by far, but for Alaska Natives this land, specifically trust land, has posed an issue for decades. For almost forty years, the Department of the Interior (DOI) has debated over whether the Secretary of the Interior can take land into trust in Alaska. Trust land is an important tool to... |
2021 |
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| Melanie Randall |
THE SHACKLED SEXUAL ASSAULT VICTIM: TRAUMA, RESISTANCE, AND CRIMINAL JUSTICE VIOLATIONS OF AN INDIGENOUS WOMAN |
39 Minnesota Journal of Law & Inequality 317 (Summer, 2021) |
L1-2Table of Contents Introduction. 318 I. Widening the Lens: State Failures and Violence Against Indigenous Peoples and Women in Canada, the US, Australia, and New Zealand. 323 A. The Sexual and Physical Assault Perpetrated Against Angela Cardinal. 334 B. The Preliminary Inquiry. 336 i. The First Layer of Violation: Stigmatizing Ms. Cardinal as a... |
2021 |
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| Patrice H. Kunesh |
THE SIGNIFICANCE OF BELONGING FOR INDIGENOUS PEOPLES: THE POWER OF PLACE AND PEOPLE--CREATING A VISION FOR COMMUNITY IN INDIAN COUNTRY THROUGH SELF-GOVERNANCE AND SELF-DETERMINATION |
30 Journal of Affordable Housing & Community Development Law 23 (2021) |
Indigenous peoples and communities have long used stories to understand the world and our place in it. As I wrote this article about affordable housing in Indian Country, I was brought back to the story of my grandfather's experience growing up on the Standing Rock Sioux Reservation and how it profoundly changed the trajectory of our family's... |
2021 |
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| Clint Summers |
THE SKY WILL NOT FALL IN OKLAHOMA |
56 Tulsa Law Review 471 (Spring, 2021) |
I. Introduction. 472 II. What Every Oklahoman Needs to Know About Native Reservations. 475 A. Lands of Violence. 476 B. An Inadequate System. 477 III. Jurisdictional Divide. 480 A. The State's Criminal Jurisdiction Powers. 480 i. Inside the Reservation. 480 ii. Outside the Reservation. 482 B. The Mvskoke Nation's Criminal Jurisdiction Powers. 482... |
2021 |
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| Kate Sablosky Elengold, Jonathan D. Glater |
THE SOVEREIGN SHIELD |
73 Stanford Law Review 969 (April, 2021) |
As the federal government has come to rely increasingly on private companies to perform government functions, more businesses are testing the power of the resulting contractual relationships to shield themselves from liability, regulation, and oversight. Such nongovernmental entities seek the benefit of what we call the federal... |
2021 |
Yes |
| Ntina Tzouvala |
THE SPECTER OF EUROCENTRISM IN INTERNATIONAL LEGAL HISTORY |
31 Yale Journal of Law & the Humanities 413 (Winter, 2021) |
Some words struggle amongst themselves as enemies. Other words are the site of an ambiguity: the stake in a decisive but undecided battle. - Louis Althusser, Lenin and Philosophy Introduction. 413 I. International Legal History and the Perils of Eurocentrism. 416 II. Toward a Radical Critique of Eurocentrism for International Law. 421 III.... |
2021 |
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| Kallen Burton Snodgrass |
THE STATE OF THE OIL AND NATURAL GAS INDUSTRY IN OKLAHOMA: THE OIL AND GAS INDUSTRY MOVING FORWARD POST MCGIRT/MURPHY |
7 One J: Oil and Gas, Natural Resources, and Energy Journal 249 (August, 2021) |
Historically, the oil and natural gas industry has solidified a predominate presence in the state of Oklahoma, along with the nation. In the years between 1900 and 1935 Oklahoma ranked first among the Mid-Continent states in oil production; and for nine additional years ranked second. In the course of that period Oklahoma produced 906,012,375... |
2021 |
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| Daniel Franz |
THE SUBDELEGATION DOCTRINE AS A LEGAL TOOL FOR ESTABLISHING TRIBAL COMANAGEMENT OF PUBLIC LANDS: THROUGH THE LENS OF BEARS EARS NATIONAL MONUMENT |
32 Colorado Natural Resources, Energy & Environmental Law Review 1 (Winter, 2021) |
C1-2Table of Contents Introduction. 2 I. Tribal Comanagement and Bears Ears. 5 a. Cultural and Historical Connections Between the Tribes and Bears Ears. 5 b. Tribal Participation and Comanagement under the Obama Proclamation. 7 c. Tribal Participation and Comanagement under the Trump Reduction. 13 II. The Legal Ins and Outs of the Subdelegation... |
2021 |
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| Dylan Hartsook |
THE SUPREME COURT OF WASHINGTON'S BROAD INTERPRETATION OF THE "REASON TO KNOW" STANDARD IN IN RE DEPENDENCY OF Z.J.G. AND WHY A UNIFORM, BROAD INTERPRETATION OF THE STANDARD WILL LEAD TO BETTER OUTCOMES |
45 American Indian Law Review 387 (2021) |
Congress enacted the Indian Child Welfare Act of 1978 (ICWA) to remedy the widespread and disparate removal of Indian Children from their unique cultures. Around the time ICWA was enacted, a survey of sixteen states showed approximately 85 percent of all Indian children in foster care were living in non-Indian homes. ICWA provides standards for... |
2021 |
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| Jane Perkins, Sarah Somers, Abigail Coursolle |
THE SUPREME COURT REINFORCES BARRIERS TO COURT ACCESS: CASES FROM THE 2019-2020 TERM |
13 Northeastern University Law Review 575 (May, 2021) |
Introduction 577 I. State Sovereign Immunity 579 II. Stating Claims for Discrimination 583 A. Comcast Corporation v. National Association of African-American Owned Media 583 B. Babb v. Wilkie 584 III. Statutory Interpretation 587 A. Bostock v. Clayton County, Georgia 587 B. County of Maui v. Hawai'i Wildlife Fund 588 C. United States Forest Service... |
2021 |
Yes |
| Claire Charters |
THE SWEET SPOT BETWEEN FORMALISM AND FAIRNESS: INDIGENOUS PEOPLES' CONTRIBUTION TO INTERNATIONAL LAW |
115 AJIL Unbound 123 (2021) |
Standing back, the greatest influence of Indigenous Peoples on international law is our contribution to a pragmatically-driven yet conscious reframing of its foundations. Partly as a result of our participation in international law, it is changing its nineteenth and twentieth century state-centric, colonial, and positivist character to a more... |
2021 |
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| Adam Crepelle |
THE TRIBAL PER CAPITA PAYMENT CONUNDRUM: GOVERNANCE, CULTURE, AND INCENTIVES |
56 Gonzaga Law Review 483 (2020/2021) |
C1-3Table of Contents L1-2Introduction . L3484 I. Socioeconomic Data. 487 II. History of Tribal Per Capita Payments. 489 III. Rules Governing Tribal Casino Per Capita Payments. 493 IV. Positive Effects of Per Capita Payments. 495 V. Possible Problems with Per Capita Payments. 498 A. Per Capita Payments and Governance. 498 1. Public Choice and Free... |
2021 |
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| Alex Tallchief Skibine |
THE TRIBAL RIGHT TO EXCLUDE OTHERS FROM INDIAN-OWNED LANDS |
45 American Indian Law Review 261 (2021) |
In May 2020, two Indian tribes in South Dakota--the Cheyenne River Sioux and Oglala Sioux Tribes--established health safety checkpoints on state and federal roads accessing the entrance to their reservations, invoking the dangers caused by COVID-19. The South Dakota Governor threatened immediate legal action, arguing that such roadblocks could only... |
2021 |
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| Daniel Peat |
THE TYRANNY OF CHOICE AND THE INTERPRETATION OF STANDARDS: WHY THE EUROPEAN COURT OF HUMAN RIGHTS USES CONSENSUS |
53 New York University Journal of International Law & Politics 381 (Winter, 2021) |
I. Introduction. 382 II. The Tyranny of Choice. 386 A. The Effects of Choice Overload. 387 B. The Tyranny of Standards. 390 III. The Consensus Doctrine. 399 A. Interpretation Step Zero. 402 B. Consensus as Consent. 406 C. Consensus as Legitimacy. 407 D. Consensus as Epistemology. 413 IV. Choice Overload and Treaty Interpretation. 416 A.... |
2021 |
Yes |
| Heinz Klug |
THE UNIVERSITY OF WISCONSIN LAW SCHOOL ON CONSTITUTIONALISM AND DEMOCRACY |
2021 Wisconsin Law Review 465 (2021) |
While the University of Wisconsin (UW) Law School and its faculty are recognized as having a long tradition of law and society scholarship, it is only over the last decade that its contributions to debates over both domestic and international constitutionalism and democracy have gained increasing recognition. Whether in democratization,... |
2021 |
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| Ann E. Tweedy |
THE VALIDITY OF TRIBAL CHECKPOINTS IN SOUTH DAKOTA TO CURB THE SPREAD OF COVID-19 |
2021 University of Chicago Legal Forum 233 (2021) |
This Article examines the question of whether, during a public health emergency, tribes located in a state that has adopted minimal protections to curb a pandemic may enact stronger protections for their own citizens and territories. Specifically, may they do so, even when enforcement of the tribes' protections causes inconvenience to those simply... |
2021 |
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| Joseph Austin |
THE WORDS OF THE TALKING GOD |
57-AUG Arizona Attorney 30 (July/August, 2021) |
Over the years, I have presented at numerous conferences, workshops and law school classes, teaching students and practitioners about federal Indian Law and tribal law. One of the challenges of teaching tribal law is convincing folks that Native people always had the rule of law. The rule of law was not given to Native people and neither was... |
2021 |
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| Miia Halme-Tuomisaari |
TOWARD REJUVENATED INSPIRATION WITH THE UNBEARABLE LIGHTNESS OF ANTHROPOLOGY |
115 AJIL Unbound 283 (2021) |
How might the connections between anthropology and international law become more dynamic? I reflect upon this question in this essay using ethnographic insights from the documentary cycles of the UN Human Rights Committee, the treaty body monitoring state compliance with the International Covenant on Civil and Political Rights. Building on recent... |
2021 |
Yes |
| Katherine Florey |
TOWARD TRIBAL REGULATORY SOVEREIGNTY IN THE WAKE OF THE COVID-19 PANDEMIC |
63 Arizona Law Review 399 (Summer, 2021) |
The media has often highlighted the devastating toll COVID-19 has taken in many parts of Indian country--and that, to be sure, is part of the story. But there are other aspects of the picture as well. On the one hand, tribes have taken resourceful and creative measures to combat COVID-19. On the other, a troublesome doctrinal landscape has... |
2021 |
Yes |
| Kimberly Chen |
TOWARD TRIBAL SOVEREIGNTY: ENVIRONMENTAL REGULATION IN OKLAHOMA AFTER MCGIRT |
121 Columbia Law Review Forum 95 (June 1, 2021) |
In the landmark decision McGirt v. Oklahoma, the Supreme Court held that the Muscogee (Creek) Nation's reservation in eastern Oklahoma had never been disestablished by Congress, and it thus remained Indian country under federal law for purposes of criminal jurisdiction. This decision also carried the potential to alter the regulatory landscape of... |
2021 |
Yes |
| Melissa Tehee , Royleen J. Ross , Charlotte McCloskey , Iva GreyWolf , Assistant Professor of Psychology, Director of the American Indian Support Project, Utah State University, Secretary, Society of Indian Psychologists, Leadership Development Institute |
TRAUMA-INFORMED, CULTURALLY RELEVANT PSYCHOLOGICAL RESPONSES IN CASES OF MISSING OR MURDERED INDIGENOUS PEOPLES |
69 Department of Justice Journal of Federal Law and Practice 251 (March, 2021) |
Linking back to the constant onslaught on Native land and therefore Native bodies, MMIWG2 (Missing and Murdered Indigenous Women and Girls and Two Spirit People) scholars underscore the connections between the violence experienced by Indigenous women to the continued subjugation of such bodies by the colonial state. Missing or Murdered Indigenous... |
2021 |
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| H. David Rosenbloom , Fadi Shaheen |
TREATY OVERRIDE: THE FALSE CONFLICT BETWEEN WHITNEY AND COOK |
24 Florida Tax Review 375 (2021) |
This Article explores the conditions under which a U.S. statute overrides an earlier self-executing treaty. Focusing on the often blurred distinction between three types of statute-treaty relationships--reconcilable inconsistencies, textual repugnancies, and conflicts--the Article concludes that, contrary to a common view, there is no contradiction... |
2021 |
Yes |
| Max King |
TRIBAL LENDING AFTER GINGRAS |
19 Duke Law & Technology Review 122 (May 13, 2021) |
Online payday lenders pose serious risks for consumers. Yet, for years, these lending companies have skirted state regulation by pleading tribal sovereign immunity. Under this doctrine, entities that are so affiliated with tribal nations that they are an arm of the tribe are immune from suit. Without comprehensive federal regulation, tribal... |
2021 |
Yes |
| |
TRIBAL POWER, WORKER POWER: ORGANIZING UNIONS IN THE CONTEXT OF NATIVE SOVEREIGNTY |
134 Harvard Law Review 1162 (January, 2021) |
Since 1990, employees of businesses owned and operated by Native nations have increasingly sought to amplify their voices in the workplace through union representation. Many of these (primarily non-Native ) workers have invoked the protections of the National Labor Relations Act (NLRA). The protections of federal labor law have been crucial to... |
2021 |
Yes |
| Lori Bable |
TRIBALLY DEFINED CITIZENSHIP CRITERIA: COUNTERING WHITENESS AS PROPERTY INTERPRETATIONS OF "INDIAN" FOR RESTORING INHERENT SOVEREIGNTY |
18 Hastings Race and Poverty Law Journal 29 (Winter, 2021) |
This article implements the framework of whiteness of property to articulate the ways in which holdings of the Supreme Court of the United States (SCOTUS) have limited Tribal Nations' sovereignty because of the illegibility and correlative dispossession of inherent sovereignty itself. This article also highlights how these past SCOTUS... |
2021 |
Yes |
| |
TRIBES CAN PROHIBIT ABORTIONS IN INDIAN COUNTRY |
134 Harvard Law Review 1477 (February, 2021) |
The Indian nations had always been considered as distinct, independent political communities, retaining their original natural rights .. --Worcester v. Georgia That articulation of retained sovereignty by Chief Justice Marshall later crystallized into the rule that the Bill of Rights does not apply to tribal governments. As early as 1896, in Talton... |
2021 |
Yes |
| Sara A. Clark |
TRIBES LOOK TO EXPAND CULTURAL BURNING TO RESTORE TRADITIONAL PRACTICES AND ADDRESS CATASTROPHIC WILDFIRE THREATS |
53 ABA Trends 7 (September/October, 2021) |
People indigenous to California have proactively ignited the landscape to manage plants and wildlife, provide community protection, control insects and disease, and engage in cultural and religious practices since time immemorial. Experts estimate that before 1800, between 4.5 million and 12 million acres of the state burned annually, through some... |
2021 |
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| Joshua Matz |
TRIBE'S TRAJECTORY & LGBTQ RIGHTS |
88 University of Chicago Law Review 1733 (November, 2021) |
I'm not sure I'll ever live it down. I actually said--out loud, to his face, a full ten minutes into our very first conversation--Holy smokes, you're Larry Tribe! I was in Cambridge that day as a newly admitted student. Somehow, inexplicably (it's not that big of a campus), I got lost. Very lost. Fortunately, a passerby professor took mercy and... |
2021 |
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| Adam Crepelle |
TRIBES, VACCINES, AND COVID-19: A LOOK AT TRIBAL RESPONSES TO THE PANDEMIC |
49 Fordham Urban Law Journal 31 (November, 2021) |
Introduction. 31 I. Why Tribes Were Especially Vulnerable to the COVID-19 Virus. 35 II. Vaccines, Pharmaceutical Experiments, and Indians. 39 III. Tribal Vaccine Distribution. 44 IV. Tribes and Medical Sovereignty: Beyond Vaccines. 53 A. Mask Mandates and Social Distancing Guidelines. 53 B. Highway COVID-19 Checkpoints. 57 C. Casino and Other... |
2021 |
Yes |
| Sam Erman |
TRUER U.S. HISTORY: RACE, BORDERS, AND STATUS MANIPULATION, HOW TO HIDE AN EMPIRE: A HISTORY OF THE GREATER UNITED STATES BY DANIEL IMMERWAHR, FARRAR, STRAUS & GIROUX, 2019 |
130 Yale Law Journal 1188 (March, 2021) |
In How to Hide an Empire, Daniel Immerwahr storms the citadel of U.S. history in a gripping retelling that places empire and its hiding at the heart of the American experiment. Aware that further absences also haunt U.S. history, he invites successors to catalog them to produce yet-truer histories of the United States. This Review takes up the... |
2021 |
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| Lauren E. Schneider |
TRUST BETRAYED: THE RELUCTANCE TO RECOGNIZE JUDICIALLY ENFORCEABLE TRUST OBLIGATIONS UNDER THE INDIAN HEALTH CARE IMPROVEMENT ACT (IHCIA) |
52 Loyola University Chicago Law Journal 1099 (Summer, 2021) |
The federal trust doctrine developed out of the legal relationship between European sovereigns--and later, the United States government--and American Indian tribes. By signing treaties with Indian tribes, the settler governments entered into an ongoing relationship with sovereign tribal governments. The United States government has a duty to... |
2021 |
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| Laura Briggs |
TWENTIETH CENTURY BLACK AND NATIVE ACTIVISM AGAINST THE CHILD TAKING SYSTEM: LESSONS FOR THE PRESENT |
11 Columbia Journal of Race and Law 611 (July, 2021) |
This Article argues that the historical record supports activism that takes the abolition of the child welfare system as its starting point, rather than its reform. It explores the birth of the modern child welfare system in the 1950s as part of the white supremacist effort to punish Black communities that sought desegregation of schools and other... |
2021 |
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| Gregory Ablavsky |
TWO FEDERALIST CONSTITUTIONS OF EMPIRE |
89 Fordham Law Review 1677 (April, 2021) |
Over the past few years, I have written a series of articles and a book on the legal history of the United States in the 1780s and 1790s, focusing particularly on federal governance. This research took me into many Federalists' writings; alongside the works of well-known figures, like George Washington and Alexander Hamilton, I read the papers of... |
2021 |
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| Mikaela Koski |
TYING A TRIBAL OFFICER'S HANDS: TRIBAL LAW ENFORCEMENT AUTHORITY UNDER UNITED STATES v. COOLEY |
126 Penn State Law Review 275 (Fall, 2021) |
American Indian reservations make up more than 56 million acres in the United States. The rules governing enforcement of criminal law in Indian Country are complex. While tribal law enforcement officers have authority within a tribe's reservation, they have reduced authority on public roads that run through the reservations, especially when they... |
2021 |
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| Kamaile A.N. Turc̆an |
U.S. PROPERTY LAW: A REVISED VIEW |
45 William and Mary Environmental Law and Policy Review 319 (Winter, 2021) |
The individual's sole dominion over a parcel of land--to the exclusion of others in the community or the public at large--is a myth, despite the prevalence of this view in conventional U.S. property law. In practice, the rights and obligations in any one parcel of land is a mixture of individual, community, and public interests coexisting in that... |
2021 |
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U.S. SUPREME COURT UPDATE |
31-AUG Journal of Multistate Taxation and Incentives 34 (August, 2021) |
DEBRA S. HERMAN is a partner in the New York City office of the law firm Hodgson Russ LLP. She would like to thank Chelsea Reinhardt for her contributions to the article. In California v. Texas (Docket No. 19-840), the Supreme Court ruled that Texas and 17 other states, plus two individual plaintiffs, lack standing to question the constitutionality... |
2021 |
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U.S. SUPREME COURT UPDATE |
31-JUN Journal of Multistate Taxation and Incentives 33 (June, 2021) |
DEBRA S. HERMAN is a partner in the New York City office of the law firm Hodgson Russ LLP. She would like to thank Doran Gittelman, an associate at Hodgson Russ LLP, for his contributions to this month's article. Seneca County, New York, filed a petition for writ of certiorari (Docket No. 19-0032) challenging the Second Circuit's ruling that tribal... |
2021 |
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| Tara Righetti , Robert B. Keiter , Jason Robison , Temple Stoellinger , Sam Kalen |
UNBECOMING ADVERSARIES: NATURAL RESOURCES FEDERALISM IN WYOMING |
21 Wyoming Law Review 289 (2021) |
C1-2Table of Contents I. Introduction. 290 II. Public Lands. 293 A. Preserved Lands: Parks, Monuments, & Wilderness. 294 1. National Parks. 294 a. Yellowstone. 294 b. Grand Teton. 296 2. Wilderness. 298 3. Bear Lodge (Devils Tower) National Monument. 300 4. Refuges & Rivers. 302 B. Multiple Use Lands. 303 1. National Forests. 303 2. BLM Lands.... |
2021 |
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| Alyson Merlin |
UNENFORCED PROMISES: TREATY RIGHTS AS A MECHANISM TO ADDRESS THE IMPACT OF ENERGY PROJECTS NEAR TRIBAL LANDS |
11 Columbia Journal of Race and Law 373 (April, 2021) |
Treaties between the United States and Native nations are binding until abrogated by the clear and plain intent of Congress. Many treaties signed in the 18th and 19th centuries remain unabrogated, but are also unenforced by the courts of the United States. The Dewey Burdock Project is a proposed uranium mining operation which would sit adjacent to... |
2021 |
Yes |
| Curtis A. Bradley, Ernest A. Young |
UNPACKING THIRD-PARTY STANDING |
131 Yale Law Journal 1 (October, 2021) |
Third-party standing is relevant to a wide range of constitutional and statutory cases. The Supreme Court has said that, to assert such standing, a litigant must ordinarily have a close relationship with the right holder and the right holder must face obstacles to suing on their own behalf. Yet the Court does not seem to apply that test... |
2021 |
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| Sherally Munshi |
UNSETTLING THE BORDER |
67 UCLA Law Review 1720 (April, 2021) |
When scholars and lawmakers ask who should be allowed to cross borders, under what circumstances, on what ground, they often leave unexamined the historical formation of the border itself. National borders are taken for granted as the backdrop against which normative debates unfold. This Article intervenes in contemporary debates about border... |
2021 |
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| Kevin J. Fandl |
UP IN SMOKE: INTERNATIONAL TREATY OBLIGATIONS AND MARIJUANA REFORM IN THE UNITED STATES |
58 American Business Law Journal 163 (Spring, 2021) |
As the number of U.S. states that seek to loosen restrictions on marijuana rapidly increases, a heated debate over state and federal regulation has ignited. But an important component of that debate has been largely absent--are these state efforts placing the United States in violation of its international treaty obligations? This article attempts... |
2021 |
Yes |
| John A. Powell , Eloy Toppin, Jr. |
UPROOTING AUTHORITARIANISM: DECONSTRUCTING THE STORIES BEHIND NARROW IDENTITIES AND BUILDING A SOCIETY OF BELONGING |
11 Columbia Journal of Race and Law 1 (January, 2021) |
Authoritarianism is on the rise globally, threatening democratic society and ushering in an era of extreme division. Most analyses and proposals for challenging authoritarianism leave intact the underlying foundations that give rise to this social phenomenon because they rely on a decontextualized intergroup dynamic theory. This Article argues that... |
2021 |
Yes |
| Lauren van Schilfgaarde , Brett Lee Shelton |
USING PEACEMAKING CIRCLES TO INDIGENIZE TRIBAL CHILD WELFARE |
11 Columbia Journal of Race and Law 681 (July, 2021) |
Historical child welfare policies explicitly aimed to exterminate Indigenous culture and disrupt tribal cohesion. The remnants of these policies form the foundation for the contemporary child welfare system. These policies view the child as an isolated and interchangeable asset, over which parents enjoy property-like rights, and in which the child... |
2021 |
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VI. PRISONERS' RIGHTS |
50 Georgetown Law Journal Annual Review of Criminal Procedure 1163 (2021) |
Criminal convictions and lawful imprisonment allow for certain limitations on citizens' freedoms and other constitutional rights, but prisoners retain such rights when they are compatible with the objectives of incarceration. Federal courts are reluctant to intervene in internal prison administration and therefore give wide ranging deference to the... |
2021 |
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| Michele L. Stewart , Tiffany Mow , Sharon Vandever , Savannah Joe , Corrine Oqua Pi Povi Sanchez , Kathy Howkumi , Paula Bosh , Robyn Simmons , Victim Specialist, Federal Bureau of Investigation, Salt Lake City Division--Billings, Montana Resident Agency, |
VICTIM SERVICES FOR NATIVE FAMILIES WITH MISSING LOVED ONES |
69 Department of Justice Journal of Federal Law and Practice 27 (March, 2021) |
Ambiguous loss describes the unknown circumstances and resulting anxiety that families may experience after the disappearance of a loved one. They do not know if their family member is alive, safe, sick, hurt, in danger, or ever coming home. In long-term cases, there is often no return home, no funeral, and no memorial. This kind of loss may also... |
2021 |
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| Leslie A. Hagen , National Indian Country Training Coordinator, Office of Legal Education, Executive Office for United States Attorneys |
VIOLENT CRIME IN INDIAN COUNTRY AND THE FEDERAL RESPONSE |
69 Department of Justice Journal of Federal Law and Practice 79 (March, 2021) |
Domestic violence, sexual assault, and child abuse in tribal communities are significant issues, and they have deservedly received greater attention by the public, the criminal justice and social service systems, and the medical community during the past two decades. Some of these crimes are at the root of missing indigenous person cases. A person... |
2021 |
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| Will Hyland |
VOTER ID: COMBATING VOTER FRAUD OR DISENFRANCHISING? A COMPREHENSIVE ANALYSIS OF VOTER ID LAWS, NATIVE AMERICAN DISENFRANCHISEMENT, AND THEIR INTERSECTION |
29 University of Miami International and Comparative Law Review 283 (Fall, 2021) |
This note discusses the contentious issue of voter ID laws and their ability to disproportionately affect various racial and ethnic groups, with specific attention paid to such laws' effects on Native Americans. Since the 2000 election catastrophe and subsequent changes to our election system, voter ID laws have become a hot-button issue. Many... |
2021 |
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