| Author | Title | Citation | Summary | Year | Key Terms |
| MJ Palau-McDonald |
BLOCKCHAINS AND ENVIRONMENTAL SELF-DETERMINATION FOR THE NATIVE HAWAIIAN PEOPLE: TOWARD RESTORATIVE STEWARDSHIP OF INDIGENOUS LANDS |
57 Harvard Civil Rights-Civil Liberties Law Review 393 (Summer, 2022) |
Introduction. 394 I. Four Values of Restorative Justice for Native Peoples. 397 A. Mo'omeheu: Cultural Integrity. 398 B. 'ina: Land and Natural Resources. 398 C. Mauli Ola: Social Determinants of Health and WellBeing. 399 D. Ea: Self-Governance. 399 II. Contextual History of Hawai'i's Public Land Trust. 400 A. Native Hawaiian Values, Customs, and... |
2022 |
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| Kirsten Matoy Carlson |
BRINGING CONGRESS AND INDIANS BACK INTO FEDERAL INDIAN LAW: THE RESTATEMENT OF THE LAW OF AMERICAN INDIANS |
97 Washington Law Review 725 (October, 2022) |
Abstract: Congress and Native Nations have renegotiated the federal-tribal relationship in the past fifty years. The courts, however, have failed to keep up with Congress and recognize this modern federal-tribal relationship. As a result, scholars, judges, and practitioners often characterize federal Indian law as incoherent and inconsistent. This... |
2022 |
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| Thomas B. Sokolowski |
CAN CRIMINALS RESHAPE ENVIRONMENTAL LAW? AN ANALYSIS OF MCGIRT AND ITS IMPLICATIONS ON REGULATING THE ENVIRONMENT |
55 Indiana Law Review 857 (2022) |
On July 9, 2020, the United States Supreme Court held in McGirt v. Oklahoma that a portion of eastern Oklahoma was an Indian reservation. Though the case specifically addressed whether the State of Oklahoma or the Muscogee (Creek) Nation had prosecuting authority over the defendant, the Justices anticipated the decision's implications on other... |
2022 |
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| Guy C. Charlton , Tim Fadgen |
CASE NOTE: FITISEMANU v. UNITED STATES: U.S. CITIZENSHIP IN AMERICAN SMOA AND THE INSULAR CASES |
39 UCLA Pacific Basin Law Journal 25 (Spring, 2022) |
This article considers the problematic place of individual American Smoans who have been denied full membership within the American political community, first due to the colonialist arcane notion of being unfit for full membership in the American community on racial and cultural grounds embodied in the Supreme Court's Insular Cases, and second,... |
2022 |
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CASE SUMMARIES |
52 Environmental Law 469 (Summer, 2022) |
City of Phoenix residents Sandra L. Bahr, Jeanne Lunn, and David Matusow (collectively, Bahr) filed a petition for judicial review of the Environmental Protection Agency's (EPA) determination that the Phoenix nonattainment area (NAA) had attained the national ambient air quality standard (NAAQS) for ozone by its 2018 deadline in compliance with the... |
2022 |
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CHAPTER 9 NEW ZEALAND |
98 IUS Gentium 429 (2022) |
Abstract This chapter begins with a brief overview of the historical background, leading into the current social context and a consideration of the social movements and issues that generate dissent and shape the context for conscientious objection. It then identifies and examines the relevant principles, doctrines and definitions including... |
2022 |
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| Kristina M. Campbell |
CITIZENSHIP, RACE, AND STATEHOOD |
74 Rutgers University Law Review 583 (Winter, 2022) |
This Article will discuss the interplay between citizenship, race, and ratification of statehood in the United States, both historically and prospectively. Part II will discuss the development and history of the Insular Cases and the creation of the Territorial Incorporation Doctrine (TID), focusing on the Territory of Puerto Rico and how the... |
2022 |
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| Cass R. Sunstein |
CLIMATE CHANGE COSMOPOLITANISM |
39 Yale Journal on Regulation 1012 (Spring, 2022) |
Do foreign lives matter? When? How much? If one nation damages another, what are its obligations, as a matter of law and policy? These questions can be approached and understood in diverse ways, but they are concretized in debates over the social cost of carbon, which is sometimes described as the linchpin of national climate policy. The social... |
2022 |
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| Cinnamon P. Carlarne |
CLIMATE COURAGE: REMAKING ENVIRONMENTAL LAW |
41 Stanford Environmental Law Journal 125 (May, 2022) |
I. Introduction. 126 II. The Making of Environmental Law. 133 A. How It Began: Environmental Law's Ecological Roots. 135 B. How It Is Going: A Field Detached. 140 III. Examining the Roots of Environmental Law. 142 A. International Environmental Leadership. 143 B. Environmental Justice. 147 C. Climate Justice. 152 D. Environmental Rights. 156 IV.... |
2022 |
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| Sydney Groll |
COMMUNITIES AS CARETAKERS: THE INDIAN CHILD WELFARE ACT AS AN ANTIRACIST FRAMEWORK FOR ALL CHILD WELFARE CASES |
19 Rutgers Journal of Law & Public Policy 279 (Spring, 2022) |
Americans have long been trained to see the deficiencies of people rather than policy. It's a pretty easy mistake to make: People are in our faces. Policies are distant. We are particularly poor at seeing the policies lurking behind the struggles of people. --Ibram X. Kendi The child welfare system is racist. As with all systems in the United... |
2022 |
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| Jarrod Shobe |
CONGRESSIONAL RULES OF INTERPRETATION |
63 William and Mary Law Review 1997 (May, 2022) |
Many scholars argue that Congress should adopt federal rules of statutory interpretation to guide judicial interpretation. This Article uses a novel dataset to show that Congress has long used enacted rules of interpretation and has increasingly done so in recent decades. However, it has chosen to do so on a statute-by-statute basis in a way that... |
2022 |
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| Grant Christensen |
CONSENTING TO CRIMINAL JURISDICTION IN TRIBAL COURT |
37-FALL Criminal Justice 34 (Fall, 2022) |
Consent is rarely discussed in the context of criminal jurisdiction. Unlike civil jurisdiction, where parties may consent to the personal jurisdiction of the courts of a state or the venue of a federal district court, in the criminal context, a state is assumed to have authority over crimes committed within its borders. Rather than criminally try a... |
2022 |
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| Brayden Jack Parker |
'CORNERSTONE UPON WHICH REST ALL OTHERS': UTILIZING CANONS OF STATUTORY INTERPRETATION TO CONFIRM AN ENFORCEABLE TRUST DUTY FOR NATIVE AMERICAN HEALTH CARE |
90 George Washington Law Review 237 (February, 2022) |
In 1976, the federal government passed the Indian Health Care Improvement Act (IHCIA) in furtherance of its special trust responsibility owed to Native Americans. Through the IHCIA, Congress created the Indian Health Service, which provides health care to five million members of federally recognized tribes. In recent years, however, the Indian... |
2022 |
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| Judith Dworkin |
COURTS HAVE MUCH TO RESOLVE IN DETERMINING INDIAN WATER RIGHTS |
36-WTR Natural Resources & Environment 39 (Winter, 2022) |
A sustainable water supply is critical for viable communities. In the western United States, this has meant the development of water law regimes to support the area's growing population. These regimes set objectives for obtaining and controlling limited water and diverting, storing, and delivering this vital resource. The federal government,... |
2022 |
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| Lia Maria Fulgaro |
DEATH BY APATHY: TOLERANCE OF THE GOVERNMENT'S FAILURE TO FUND PROMISED HEALTHCARE CAUSES LOSS OF NATIVE AMERICAN LIVES |
20 Seattle Journal for Social Justice 583 (Winter, 2022) |
In 2015, Indian Health Services (IHS), the federal agency responsible for providing Native Americans with promised healthcare, closed Rosebud Hospital Emergency Department in South Dakota due to lack of compliance with basic safety and sanitation guidelines. In response, the local Rosebud Sioux Tribe sued IHS in an effort to keep the emergency... |
2022 |
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| Warigia M. Bowman |
DIKOS NITSAA'IGII-19 ("THE BIG COUGH"): COAL, COVID-19, AND THE NAVAJO NATION |
73 Hastings Law Journal 975 (May, 2022) |
Our Nation was born in genocide when it embraced the doctrine that the original American, the Indian, was an inferior race. Even before there were large numbers of Negroes on our shores, the scar of racial hatred had already disfigured colonial society. From the sixteenth century forward, blood flowed in battles over racial supremacy. Moreover, we... |
2022 |
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| Sherally Munshi |
DISPOSSESSION: AN AMERICAN PROPERTY LAW TRADITION |
110 Georgetown Law Journal 1021 (May, 2022) |
Universities and law schools have begun to purge the symbols of conquest and slavery from their crests and campuses, but they have yet to come to terms with their role in reproducing the material and ideological conditions of settler colonialism and racial capitalism. This Article considers the role the property law tradition has played in shaping... |
2022 |
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| Anna C. Scartz |
DO YOU NEED LEGS TO STAND? WILD RICE STANDS IN TRIAL AND AN EXAMINATION OF THE USE OF LEGAL PERSONHOOD TO PROTECT THE RIGHTS OF NATURE IN COURT |
51 Georgia Journal of International and Comparative Law 245 (2022) |
C1-2Table of Contents I. Introduction. 246 II. Rights of Nature. 247 A. What is Legal Personhood?. 247 B. What are the Rights of Nature?. 248 III. Around the World. 249 A. Generally. 249 B. Case Studies and Examples. 250 i. New Zealand. 250 ii. Ecuador. 251 IV. In the United States. 252 A. Current Methods... |
2022 |
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| Gabriel J. Chin |
DRED SCOTT AND ASIAN AMERICANS |
24 University of Pennsylvania Journal of Constitutional Law 633 (June, 2022) |
Chief Justice Taney's 1857 opinion in Dred Scott v. Sandford is justly infamous for its holdings that African Americans could never be citizens, that Congress was powerless to prohibit slavery in the territories, and for its proclamation that persons of African ancestry had no rights which the white man was bound to respect. For all of the... |
2022 |
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| Dominic A. Azzopardi |
DUAL TAXATION IN INDIAN COUNTRY: THE STRUGGLE TO CORRECT COTTON PETROLEUM |
67 Wayne Law Review 311 (Winter, 2022) |
ABSTRACT. 311 I. Introduction. 312 II. The Indian Commerce Clause, Preemption, and the Williams v. Lee Balancing Test. 313 A. The History of the Indian Commerce Clause. 314 B. The Construction of Federal Preemption and Williams v. Lee. 316 1. The History and Application of Williams v. Lee. 316 2. The Unique Use of Preemption in Federal Indian Law.... |
2022 |
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| Michael-Corey Francis Hinton, Erick John Giles |
ELI-TPITAHATOMEK TPASKUWAKONOL WAPONAHKIK (HOW WE, NATIVE PEOPLE, REFLECT ON THE LAW IN THE DAWNLAND) |
74 Maine Law Review 209 (2022) |
Introduction I. Roots of Federal Indian Law A. Evolution of the Law of Nations (a.k.a. the Doctrine of Discovery) B. Establishment of a Spanish-Christian Hierarchy in the New World C. English Application of the Doctrine of Discovery in North America D. The Marshall Trilogy 1. Johnson v. M'Intosh 2. Cherokee Nation v. Georgia 3. Worcester v. Georgia... |
2022 |
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| Jill M. Fraley |
EMINENT DOMAIN AND UNFETTERED DISCRETION: LESSONS FROM A HISTORY OF U.S. TERRITORIAL TAKINGS |
126 Penn State Law Review 609 (Spring, 2022) |
Eminent domain is a minimal constitutional protection for private property and one that is subject to far more discretion than previously recognized by scholars. This Article traces a novel legal history of land takings within the U.S. Territories, focusing on some of the most egregious and controversial incidents and problematic patterns... |
2022 |
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| Seth Davis |
EMPIRE IN EQUITY |
97 Notre Dame Law Review 1985 (May, 2022) |
This Essay tells a story of how a contest for empire contributed to the law of justiciability in the U.S. federal courts. It begins in the eighteenth century in the Carnatic, a region in East India, winds its way through the territory of the Cherokee Nation in the nineteenth century, and eventually touches on the State of Tennessee in the... |
2022 |
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| Manda N. McElrath |
EMPTY GRAVES AND FULL MUSEUMS: THE NEED TO INCLUDE NON-FEDERALLY RECOGNIZED TRIBES IN NAGPRA CLAIMS |
55 U.C. Davis Law Review 2463 (April, 2022) |
C1-3Table of Contents L1-2Introduction . L32465 I. NAGPRA and the Federal Recognition Process. 2467 A. The NAGPRA Process: What and Who Does It Apply To?. 2469 B. What Is Federal Recognition?. 2472 II. Contradictions Within the NAGPRA Statutory Language. 2473 A. Indian Versus Native: The Confusion of Semantics. 2474 B. Bonnichsen v. United States.... |
2022 |
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| Laura Cahier |
ENVIRONMENTAL JUSTICE IN THE UNITED NATIONS HUMAN RIGHTS SYSTEM: CHALLENGES AND OPPORTUNITIES FOR THE PROTECTION OF INDIGENOUS WOMEN'S RIGHTS AGAINST ENVIRONMENTAL VIOLENCE |
13 George Washington Journal of Energy & Environmental Law 37 (2022) |
Throughout the world, Indigenous women have denounced the disproportionate effects of environmental destruction, natural resource extraction, land exploitation, or intensive agriculture on every aspect of their lives and integrity, especially when these activities are conducted within or close to the lands and territories that Indigenous peoples... |
2022 |
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| Dirk Hanschel , Mario G. Aguilera Bravo , Bayar Dashpurev , Abduletif Kedir Idris |
ENVIRONMENTAL RIGHTS BETWEEN CONSTITUTIONAL LAW AND LOCAL CONTEXT: REFLECTIONS ON A MOVING TARGET |
23 German Law Journal 1012 (September, 2022) |
(Received 31 August 2022; accepted 31 August 2022) Environmental rights such as the right to a sound environment and rights of nature, while playing an increasingly important role in global environmental governance and protection, frequently do not correspond to articulations of fundamental experiences of injustice by communities particularly... |
2022 |
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| Maria Antonia Tigre |
EXPLORING THE BEDROCK FOR EARTH JURISPRUDENCE |
22 Rutgers Journal of Law & Religion 223 (2021-2022) |
This article calls for a reassessment of our core beliefs on how we relate to the environment through a deep dive into the philosophical foundations of environmental protection. With this purpose, it shows how Earth-centered discourses have existed in human societies and civilizations for millennia. Different religious and philosophical... |
2022 |
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| Kevin K. Washburn |
FACILITATING TRIBAL CO-MANAGEMENT OF FEDERAL PUBLIC LANDS |
2022 Wisconsin Law Review 263 (2022) |
Each year Native American tribal nations enter hundreds of federal contracts worth billions of dollars to run federal Indian programs. By substituting tribal governments for federal agencies, these self-determination contracts have been enormously successful in improving the effective delivery of federal programs on Indian reservations. Tribal... |
2022 |
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| Sadie Hart |
FALLING THROUGH THE CRACKS: THE AMERICAN INDIAN FOSTER CARE TO SEXUAL EXPLOITATION PIPELINE AND THE NEED FOR EXPANDED AMERICAN INDIAN COMMUNITY SERVICES IN MINNESOTA |
15 DePaul Journal for Social Justice 1 (Winter/Spring, 2021-2022) |
Following the discovery of hundreds of children's bodies at residential schools in Canada, United States Interior Secretary Deb Haaland called for an investigation into the federal government's oversight of American Indian boarding schools. This call highlights a growing awareness of the United States' legacy of violence against American Indians.... |
2022 |
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| Joubin Khazaie |
FANON, COLONIAL VIOLENCE, AND RACIST LANGUAGE IN FEDERAL AMERICAN INDIAN LAW |
12 University of Miami Race & Social Justice Law Review 297 (Spring, 2022) |
This Comment will argue that the racist language enshrined in foundational Supreme Court decisions involving Native tribes continuously enacts a form of colonial violence that seeks to preserve a white racial dictatorship. The paper will use Frantz Fanon's scholarship on colonial violence and the dehumanization of Indigenous people as a framework... |
2022 |
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| Amanda B. Hurst |
FAUX FEDERALISM |
110 Kentucky Law Journal 221 (2021-2022) |
Table of Contents. 221 Abstract. 222 Introduction. 222 I. Meeting the Players. 229 A. Federalism's End Game. 229 B. The Power to Spend: Congress's Superpower. 231 i. The Tenth Amendment: No Additional Limit. 233 ii. Federalism: Interpretive Tool v. Substantive Limit. 235 iii. Spending Programs & Federalism. 238 1. Dual Federalism: Stay in Your... |
2022 |
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| Adam Crepelle |
FINDING WAYS TO EMPOWER TRIBAL OIL PRODUCTION |
22 Wyoming Law Review 25 (2022) |
I. Introduction. 25 II. The History of Federal Control of Tribal Land and Oil. 32 III. Obstacles to Indian Country Oil and Gas Development. 39 A. Federal Bureaucracy. 39 B. Dual Taxation. 43 C. Jurisdictional Uncertainty. 48 IV. Recommendations. 50 A. TEDO and Vertical Integration. 50 B. Constitutional Challenges. 53 C. Blockchain to Improve Land... |
2022 |
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| Dale T. White |
FIVE RESTATEMENTS: CHARTING THE HISTORY OF THE LAW ON STATE TAXATION OF NON-TRIBAL MEMBERS IN INDIAN COUNTRY |
2022 Wisconsin Law Review 329 (2022) |
Introduction. 330 I. Restatement #1: 1832 (Worcester v. Georgia). 332 II. Restatement #2: 1942 (Cohen Handbook). 333 A. Chapter 6, Scope of State Powers over Indian Affairs. 333 1. The Cohen Matrix. 334 2. Caselaw in 1942 on What a Federal Concern Is. 335 B. State Sales Taxes. 336 III. Restatement #3: Cohen to Moe (1942-1976). 337 A. The 1958... |
2022 |
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| Eric D. Eberhard, Professor from Practice |
FOREWORD |
97 Washington Law Review 697 (October, 2022) |
This issue of Washington Law Review includes material from Part Two of the 34th Annual Indian Law Symposium that was held virtually on April 21 and 22, 2022. It was devoted to an in-depth review of the Final Draft of the Restatement of the Law of American Indians. With very few exceptions, the panelists and speakers at the Symposium were among the... |
2022 |
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| Victoria Roman |
FROM APOLOGY TO ACTION: A COMMENT ON TRANSITIONAL JUSTICE IN THE UNITED STATES AND CANADA |
37 Maryland Journal of International Law 122 (2022) |
On September 30, 2021, National Day of Remembrance for Native Americans, Senator Elizabeth Warren (D-Mass) and the Co-Chairs of the Congressional Native American Caucus reintroduced The Truth and Healing Commission on Indian Boarding School Policies in the United States. U.S. Secretary of the Interior Deb Haaland (Laguna Pueblo) first introduced... |
2022 |
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| Pippa Browde |
FROM ZERO-SUM TO ECONOMIC PARTNERS: REFRAMING STATE TAX POLICIES IN INDIAN COUNTRY IN THE POST-COVID ECONOMY |
52 New Mexico Law Review 1 (Winter, 2022) |
The disparate impact COVID-19 has had on Indian Country reveals problems centuries in the making from the legacy of colonialism. One of those problems is state encroachment in Indian Country, including attempts to assert taxing authority within Indian Country. The issue of the reaches of state taxing authority in Indian Country has resulted in law... |
2022 |
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| Denisse Córdova Montes, Tamar Ezer, Reem Ali, Kayla Bokzam, Renu Sara Nargund, Megan Norris, Maxwell Zoberman |
GENDER JUSTICE AND HUMAN RIGHTS SYMPOSIUM HOLISTIC APPROACHES TO GENDER VIOLENCE |
30 University of Miami International and Comparative Law Review 217 (Fall, 2022) |
L1-2Background . L3218 I. Day 1. 222 A. Day 1 Welcome Remarks. 222 B. Introductory Panel. 224 C. Preventing GBV. 228 D. Systemic Accountability for GBV. 232 E. Access to Justice for GBV: How Should we Define Justice?. 237 F. Rethinking Protection to Mitigate GBV: Engaging Survivors and Offenders. 241 G. Day 1 Closing Remarks. 248 II. Day 2. 248 A.... |
2022 |
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| Grant Christensen |
GETTING COOLEY RIGHT: THE INHERENT CRIMINAL POWERS OF TRIBAL LAW ENFORCEMENT |
56 U.C. Davis Law Review 467 (December, 2022) |
While the Supreme Court regularly decides cases defining the limits of the criminal jurisdiction of tribal courts, when it heard United States v. Cooley in 2021 it had not decided a case about the procedural powers of tribal law enforcement in more than a century. Across more than five decades lower courts at all levels struggled to decide whether... |
2022 |
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| Gregory Ablavsky |
GETTING PUBLIC RIGHTS WRONG: THE LOST HISTORY OF THE PRIVATE LAND CLAIMS |
74 Stanford Law Review 277 (February, 2022) |
Abstract. Black-letter constitutional law distinguishes private rights, which must be litigated before an Article III tribunal, from public rights, which Congress may resolve through administrative adjudication. Yet both scholars and the Supreme Court have long struggled to define this distinction. Recently, many have turned to history for... |
2022 |
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| Melodie Meyer |
GOOD FIRE |
37-FALL Natural Resources & Environment 30 (Fall, 2022) |
Several tribes have adopted adaptation plans and mitigation strategies in response to the climate crisis. These responses incorporate traditional ecological knowledge that seamlessly blends the most current scientific methods with time-honored cultural practices and ceremonies. Due to climate change, wildfires have increased across North America... |
2022 |
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| Adam Crepelle |
HOLDING THE UNITED STATES LIABLE FOR INDIAN COUNTRY CRIME |
31-SPG Kansas Journal of Law & Public Policy 223 (Spring, 2022) |
[A]ll Americans have the right to public safety and security, but it's preeminently a Federal responsibility to protect those rights in Indian Country. Police killings of unarmed African Americans have inspired calls to defund the police. Although the number of African Americans killed by police is troubling, Indians are killed by police at... |
2022 |
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| N. Lauryn Boston |
HON. ALLIE GREENLEAF MALDONADO |
69-APR Federal Lawyer 16 (March/April, 2022) |
The reservation lands of the Little Traverse Bay Bands of Odawa Indians (LTBB Tribe) lie along the picturesque northern shores of Michigan's Lower Peninsula, where great white pine, red oak, and colorful sugar maple dominate the landscape of a region once called by the native Odawa the land of the crooked tree. It is here that the Hon. Allie... |
2022 |
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| Jaime M.N. Lavallee |
HOW TO BE BIASED IN THE CLASSROOM: KWAYESKASTASOWIN - SETTING THINGS RIGHT? |
48 Mitchell Hamline Law Review 771 (May, 2022) |
Preface. 772 I. Introduction of Self. 773 A. Where Do You Come From?. 773 1. In The Beginning. 774 2. Taking Time Away. 775 B. Why Law?. 776 C. Where Are You Going?. 778 II. Methodology & Previous Good Ideas. 778 A. Why a Narrative?. 778 B. Previous Good Ideas: Development to Current Paper. 786 1. Previous Good Ideas. 786 2. Current Good... |
2022 |
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| Justin E. C. Tetrault |
INDIGENIZING PRISONS: A CANADIAN CASE STUDY |
51 Crime and Justice 187 (2022) |
Mass incarceration of Indigenous peoples is a fundamental Canadian human rights problem. One response since the 1970s has been to Indigenize prisons by teaching Indigenous culture and history, facilitating spirituality, involving Elders and communities in rehabilitation, and creating special prisons called healing lodges. Criminologist... |
2022 |
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| Wayne D. Garnons-Williams, Dalee Sambo Dorough, Heather Exner-Pirot, Kitty Gordon |
INDIGENOUS LEADERSHIP ON CLIMATE CHANGE AND THE ARCTIC |
46 Canada-United States Law Journal 98 (2022) |
MR. STEPHEN PETRAS: Everyone, our final panel today will explore Indigenous leadership on climate change and the Arctic. Our moderator is Wayne D. Garnons-Williams, who is a practicing attorney in Canada and a true expert on Indigenous and First Nations laws. Wayne is the founding president of the Intertribal Trade Organization and chair of the... |
2022 |
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| Leonardo Figueroa Helland |
INDIGENOUS PATHWAYS BEYOND THE "ANTHROPOCENE": BIOCULTURAL CLIMATE JUSTICE THROUGH DECOLONIZATION AND LAND REMATRIATION |
30 New York University Environmental Law Journal 347 (2022) |
I. The Spiritual Basis of Sacred Indigenous Relations to Land and Mother Earth. 350 II. To Nurture or Destroy Diversity? Indigenous Biocultures vs. Desacralizing Violences. 358 III. A Climate Crisis or a Problem of Colonialism? Defending Mother Earth at a High Cost. 372 IV. The Colonial Traps of Global Environmental Policy. 382 V. The Treacherous... |
2022 |
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| Adam J. Sulkowski |
INDIGENOUS SHARED GOVERNANCE, INTERNATIONAL LAW, MIXED USE, AND PRESERVING RAINFOREST DURING THE COVID-19 PANDEMIC |
12 Arizona Journal of Environmental Law & Policy 127 (Spring, 2022) |
This article takes a transdisciplinary approach to examining a range of issues related to the topic of Indigenous shared governance. It examines concepts such as free prior informed consent and the role of international law in affecting local reality in the context of a specific illustrative example in South America in the Amazon biome: the... |
2022 |
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| Addie C. Rolnick |
INDIGENOUS SUBJECTS |
131 Yale Law Journal 2652 (June, 2022) |
This Article tells the story of how race jurisprudence has become the most intractable threat to Indigenous rights--and to collective rights more broadly. It examines legal challenges to Indigenous self-determination and land rights in the U.S. territories. It is one of a handful of articles to address these cases and the only one to do so through... |
2022 |
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INTRODUCTION |
135 Harvard Law Review 1524 (April, 2022) |
The months leading up to the 2021 United Nations Climate Change Conference (COP26) in Glasgow put the climate crisis in stark relief. Heatwaves blanketed the American Northwest, shattering temperature records as mortality rates surged. Wildfires raged across Greece, destroying over 120,000 acres of pine forests. Unexpected monsoons and dry spells... |
2022 |
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| Genesis M. Agosto |
INVOLUNTARY STERILIZATION OF NATIVE AMERICAN WOMEN IN THE UNITED STATES: A LEGAL APPROACH |
100 Nebraska Law Review 995 (2022) |
C1-2TABLE OF CONTENTS I. Introduction. 995 II. Why Native Sterilization Matters. 997 A. Significance. 997 B. Contribution to Scholarship. 1001 III. Legal Context of Native Sterilization. 1002 A. Origins of Eugenic Laws in the United States. 1002 B. Infamous Eugenic Cases. 1003 C. Passage of Laws that Allowed Native Sterilizations. 1007 IV. The... |
2022 |
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