| Author | Title | Citation | Summary | Year | Key Terms |
| Renalia Du Bose |
VOTER SUPPRESSION: A RECENT PHENOMENON OR AN AMERICAN LEGACY? |
50 University of Baltimore Law Review 245 (Spring, 2021) |
I. RECENT EXAMPLES OF STATE-LEVEL VOTER SUPPRESSION. 246 II. SETTING THE STAGE. 252 III. HISTORY OF VOTING RIGHTS IN THE UNITED STATES. 255 A. The Early Years of the New Nation. 255 B. The Civil War. 260 C. Women's Suffrage. 263 D. The Indian Citizenship Act of 1924. 270 E. The Civil Rights Act of 1964 and the Voting Rights Act of 1965. 272 F.... |
2021 |
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| Affie B. Ellis, Holland & Hart LLP, Cheyenne, Wyoming |
VOTING IN INDIAN COUNTRY THE VIEW FROM THE TRENCHES BY JEAN REITH SCHROEDEL |
44-FEB Wyoming Lawyer 16 (February, 2021) |
In the United States, there are 574 federally recognized American Indian tribes, each with their own history, culture, language and governing structure. Although tribal members enjoy U.S. citizenship, state citizenship and tribal citizenship, the right to vote in federal and state elections has not always been recognized. In fact, in many cases,... |
2021 |
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| Jeffrey M. Hirsch |
WAR POWERS ABROGATION |
89 George Washington Law Review 593 (May, 2021) |
The United States' peacetime security is based entirely on its all-volunteer armed forces. These volunteers, split equally between full- and part-time servicemembers, risk not only their health and safety, but also their economic stability when they are called away from home for training or active duty. Servicemembers' duties also interfere with... |
2021 |
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| Dana Zartner, JD, LLM, Ph.D. |
WATCHING WHANGANUI & THE LESSONS OF LAKE ERIE: EFFECTIVE REALIZATION OF RIGHTS OF NATURE LAWS |
22 Vermont Journal of Environmental Law 1 (Spring, 2021) |
The rights of nature movement has become a hot topic among environmental lawyers and the number of communities around the world that have recognized some version of rights of nature or legal personhood for nature has grown rapidly over the past decade. Whether the result of constitutional amendments like in Ecuador, legislation in New Zealand and... |
2021 |
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| Jennifer J. Seely |
WATER BANKS IN WASHINGTON STATE: A TOOL FOR CLIMATE RESILIENCE |
96 Washington Law Review 729 (June, 2021) |
Water banks--a tool for exchanging senior water rights and offsetting new ones--can address multiple problems in contemporary water law. In the era of climate change, water banks enable needed flexibility and resilience in water allocation. As growing cities require new water rights, water banks can repurpose old water for new uses. These... |
2021 |
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| Amit Khardori |
WHAT DOES THE STATE OWE TO ITS PEOPLE? TOWARD A "RESPONSIBILITY TO DEVELOP" |
46 Brigham Young University Law Review 1027 (2021) |
I. Introduction: Mapping the Origins and Potential Future of Development. 1028 II. Sovereignty: The Evolution of International and Domestic Legitimacy of the State (OR) How Absolute Territorial Sovereignty Was Never Really a Thing. 1030 A. The Enlightenment Era. 1030 1. Individual rights at the inception of the state. 1030 2. Popular sovereignty:... |
2021 |
Yes |
| Kaighn Smith Jr. |
WHEN CONGRESS FORGETS: BREAKING THROUGH CONGRESS'S FAILURE TO MENTION INDIAN TRIBES IN FEDERAL EMPLOYMENT LAWS |
68-APR Federal Lawyer 8 (March/April, 2021) |
Congress's enactment of the Families First Coronavirus Response Act (FFCRA) on April 1, 2020, is a stark reminder that Indian tribes are often invisible to Congress when it enacts sweeping employment laws. Such invisibility dates as far back as the National Labor Relations Act of 1935 (NLRA). And it persists in a host of other laws, including the... |
2021 |
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| Guillermo J. Garcia Sanchez |
WHEN DRILLS AND PIPELINES CROSS INDIGENOUS LANDS IN THE AMERICAS |
51 Seton Hall Law Review 1121 (2021) |
From the Missouri River, passing through the Sonora Desert, all the way down to the Amazon Forest and the Andean Mountains, drills and pipelines are crossing over indigenous lands. In an energy-thirsty continent, there is no land left to spare, not even tribal land. Many of these energy infrastructure projects involve international investments that... |
2021 |
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| Paul Figueroa |
WHEN IMITATION IS NOT FLATTERY: ADDRESSING CULTURAL EXPLOITATION IN GUATEMALA THROUGH A SUI GENERIS MODEL |
46 Brigham Young University Law Review 979 (2021) |
Indigenous Guatemalan weavers are fighting for intellectual property laws that better protect their designs and other cultural expressions. The exploitation and appropriation by local and international companies has negatively affected the weavers' livelihoods and resulted in culturally inappropriate uses of spiritual and traditional symbols.... |
2021 |
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| Melissa Tehee, Racheal Killgore, Sallie Mack, Devon S. Isaacs, Erica Ficklin |
WHEN JUSTICE DOES NOT WORK: A SOLUTION FOCUSED APPROACH TO VIOLENCE AGAINST NATIVE WOMEN IN INDIAN COUNTRY |
36 Wisconsin Journal of Law, Gender & Society 33 (Spring, 2021) |
INTRODUCTION. 34 I. VIOLENCE AGAINST NATIVE WOMEN. 35 II. JURISDICTIONAL PROBLEMS. 36 A. Criminal Jurisdiction in Indian Country. 36 i. Federal Policy. 36 ii. Policing, Investigations, and Evidence Collection. 38 iii. High Rates of Federal Declination. 40 iv. Missing and Murdered Indigenous Women, Girls, and Two Spirit (MMIWG2). 42 B. Civil... |
2021 |
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| Jessica Intermill |
WHEN THE PUBLIC INTEREST ISN'T |
78-JUN Bench and Bar of Minnesota 22 (May/June, 2021) |
On a spring morning in 2018, Minnesota Public Utilities Commissioner Katie Sieben began reading a prepared statement. There is no good outcome, she said, where I can sleep easy at night knowing I made the right decision with the facts available. She spoke to a crowd that filled the St. Paul conference room and spilled into hallways and... |
2021 |
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| Adam Crepelle |
WHITE TAPE AND INDIAN WARDS: REMOVING THE FEDERAL BUREAUCRACY TO EMPOWER TRIBAL ECONOMIES AND SELF-GOVERNMENT |
54 University of Michigan Journal of Law Reform 563 (Spring, 2021) |
American Indians have the highest poverty rate in the United States, and dire poverty ensnares many reservations. With no private sector and abysmal infrastructure, reservations are frequently likened to third-world countries. Present-day Indian poverty is a direct consequence of present-day federal Indian law and policy. Two-hundred-year-old laws... |
2021 |
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| Craig Green |
WHO WERE THE REAL FOUNDERS? FEDERAL GROUND: GOVERNING PROPERTY AND VIOLENCE IN THE FIRST U.S. TERRITORIES BY GREGORY ABLAVSKY. NEW YORK: OXFORD UNIVERSITY PRESS, 2021. PP. 360. $39.95 |
121 Columbia Law Review 2269 (November, 2021) |
Gregory Ablavsky's Federal Ground explains how the national government and American law were transformed in the federal territories that compose modern Ohio and Tennessee. Ablavsky's careful research and fresh perspective will make his work a vital reference for historians, but this Book Review also highlights the book's significance for legal... |
2021 |
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| Brigid Sawyer |
WHOSE HIGHEST AND BEST? INCLUDING ECONOMIC DEVELOPMENT AND INDIVIDUAL LANDOWNERSHIP IN THE HIGHEST AND BEST USE STANDARD |
70 Catholic University Law Review 289 (Spring, 2021) |
In a bleak and fitting analysis of American culture, Chief Sitting Bull of the Hunkpapa Lakota tribe stated, The love of possessions is a disease in [Americans] .. They claim this mother of ours, the earth, for their own use, and fence their neighbor away . If America had been twice the size it is, there still would not have been enough. While... |
2021 |
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| Eleanor Marie Lawrence Brown |
WHY BLACK HOMEOWNERS ARE MORE LIKELY TO BE CARIBBEAN AMERICAN THAN AFRICAN AMERICAN IN NEW YORK: A THEORY OF HOW EARLY WEST INDIAN MIGRANTS BROKE RACIAL CARTELS IN HOUSING |
61 American Journal of Legal History 3 (March, 2021) |
Why are the Black brownstone owners and landlords in Harlem and Brooklyn disproportionately West Indian? For students of housing discrimination, Black West Indian Americans have long presented a quandary. West Indian Americans generally own and rent higher quality housing than African Americans. These advantages began long ago. For example, when... |
2021 |
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| Natsu Taylor Saito |
WHY XENOPHOBIA? |
31 Berkeley La Raza Law Journal 1 (2021) |
Xenophobia is deeply intertwined with racism but nevertheless maintains a life of its own. Focusing on the structural drivers of xenophobia in the United States, this essay asks what xenophobia accomplishes that racism alone does not. It posits that while xenophobia serves many purposes, one of its most significant functions is to legitimize the... |
2021 |
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| Elizabeth Stephani |
WIND RIVER DUMPS: TRASH TO TREASURE |
21 Wyoming Law Review 163 (2021) |
I. Introduction. 164 II. An Overview of Municipal Solid Waste Management in America. 167 A. Historical Background on Waste Management in the United States. 168 B. The Regionalization of Waste Facilities in America. 171 III. Solid Waste Management in Wyoming. 173 A. Local Approaches to Waste Management in Wyoming. 175 B. Waste Regionalization in... |
2021 |
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| Eric Rolston , Polina Noskova |
WINNER, BEST APPELLATE BRIEF IN THE 2021 NATIVE AMERICAN LAW STUDENT ASSOCIATION MOOT COURT COMPETITION |
45 American Indian Law Review 409 (2021) |
I. Whether the Treaty with the Wendat abrogated the Treaty of Wauseon and/or the Maumee Allotment Act of 1908 diminished the Maumee Reservation. If so, whether the Wendat Allotment Act (1892) also diminished the Wendat Reservation or if the Topanga Cession is outside of Indian Country. II. Assuming the Topanga Cession is still in Indian Country,... |
2021 |
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| Mary Sarah Bilder |
WITHOUT DOORS: NATIVE NATIONS AND THE CONVENTION |
89 Fordham Law Review 1707 (April, 2021) |
Wednesday last arrived in this city, from the Cherokee nation, Mr. Alexander Droomgoole, with Sconetoyah, a War Captain, and son to one of the principal Chiefs of that nation. They will leave this place in a few days, for New-York, to represent to Congress some grievances, and to demand an observance of the Treaty of Hopewell, on the Keowee, which... |
2021 |
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| James Thuo Gathii |
WRITING RACE AND IDENTITY IN A GLOBAL CONTEXT: WHAT CRT AND TWAIL CAN LEARN FROM EACH OTHER |
67 UCLA Law Review 1610 (April, 2021) |
This Article argues that issues of race and identity have so far been underemphasized, understudied, and undertheorized in mainstream international law. To address this major gap, this Article argues that there is an opportunity for learning, sharing, and collaboration between Critical Race Theorists (CRT) and scholars of Third World Approaches to... |
2021 |
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| Kristen Carpenter, Alexey Tsykarev |
(Indigenous) Language as a Human Right |
24 UCLA Journal of International Law and Foreign Affairs 49 (Spring, 2020) |
The United Nations General Assembly has proclaimed 2022-2032 as the International Decade of Indigenous Languages. Building on lessons of the International Year of Indigenous Languages of 2019, the Decade will draw attention to the critical loss of indigenous languages and the urgent need to preserve, revitalize and promote indigenous languages; Search Snippet: ...and religious officials initially pursued several periods of diplomacy, war, treaty negotiation, and missionary policies toward the indigenous peoples of North America. [FN94] With the adoption of the U.S. Constitution, the United States continued treaty-making, but ultimately this gave way to federal Indian removal in the 1820-1860s and then a policy of... |
2020 |
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| Jeff Todd |
A "Sense of Equity" in Environmental Justice Litigation |
44 Harvard Environmental Law Review 169 (2020) |
C1-2TABLE OF CONTENTS Introduction. 169 I. The Story of Environmental Justice Litigation. 176 A. Distributive Injustice: The Roots of Environmental Justice. 178 B. Corrective Injustice: The Challenges of Environmental Justice Litigation. 181 C. Procedural Injustice--or Merely a Hurdle?: The Motion to Dismiss. 185 1. Justiciability Doctrines:; Search Snippet: ...note 9, at 1189-92; Rebecca Tsosie, Climate Change and Indigenous Peoples: Comparative Models of Sovereignty , 26 Tul. Envtl. L.J. 239, 249 (2013) [hereinafter Tsosie, Sovereignty . Molodanof & Durney, supra note 6, at 219-20.... |
2020 |
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| Ali Shan Ali Bhai |
A Border Deferred: Structural Safeguards Against Judicial Deference in Immigration National Security Cases |
69 Duke Law Journal 1149 (February, 2020) |
When confronted with cases lying at the intersection of immigration and national security, the judiciary has abided by a consistent principle: the president knows best. Since the late nineteenth century, rather than deciding these cases on the merits, courts have instead deferred to the executive branch. Courts' reluctance to engage in judicial; Search Snippet: ...subject to judicial review. Sarah H. Cleveland, Powers Inherent in Sovereignty: Indians, Aliens, Territories, and the Nineteenth Century Origins of Plenary Power... |
2020 |
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| Grant H. Frazier , John N. Thorpe |
A Case for Circumscribed Judicial Evaluation in the Supreme Court Confirmation Process |
33 Georgetown Journal of Legal Ethics 229 (Spring, 2020) |
In today's highly contentious judicial confirmation process, the American Bar Association--hardly a disinterested party--takes it upon itself to evaluate the qualifications of federal judicial nominees. The Senate often relies heavily on these evaluations, despite anecdotal evidence and empirical research showing strong political bias. In an effort; Search Snippet: ...21, 1789 request for the Senate's advice on a proposed Indian treaty. [FN106] This interaction is unusually well-documented, thanks in part... |
2020 |
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| Christian Pfister |
A Central Bank Digital Currency: Why? How? To What Effect? |
39 No. 6 Banking & Financial Services Policy Report Rep. 9 (June, 2020) |
A central bank digital currency (CBDC) may be defined as an element of the monetary base that is traded at par against fiat currency and reserves and that only the central bank may issue or destroy. A CBDC should also be available 24/7, may be used in peer-to-peer transactions and would circulate on digital media that are at least partially; Search Snippet: ...through the issuance of a wholesale or retail CBDC, a native European solution that can preserve the EU's full sovereignty in the area of transactions and that is independent of... |
2020 |
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| John Scrudato IV |
A Constitution Fit for a Nation: the Influence of the Law of Nations on the Virginia Plan and James Madison's Constitutional Thought |
31 Yale Journal of Law & the Humanities 169 (2020) |
C1-2Contents Introduction. 171 I. The International World of the Founders and the Significance of the Law of Nations. 172 II. Empirical Analysis of Law of Nations Mentions among the Founders. 177 III. A Curious Command of the Law of Nations. 180 IV. The Law of Nations and Madison's Proposed Constitutional Framework. 192 V. The Resurrection of; Search Snippet: ...month Randolph took office, George Rogers Clark, a former Congressional Indian Commissioner and Revolutionary War Brigadier General, joined a group of... |
2020 |
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| Jeff Todd |
A Fighting Stance in Environmental Justice Litigation |
50 Environmental Law 557 (Summer, 2020) |
The poor, persons of color, and indigenous peoples often turn to the courts to correct the injustice of companies and governments causing environmental harms in their communities. Existing interpretations of tort, statutory, and constitutional law do not adequately fit the situations faced by environmental justice plaintiffs, however, so defendants; Search Snippet: ...because nations like the U.S. benefit from trade and investment treaties that incentivize multinational corporations to conduct heavy manufacturing, mineral extraction... |
2020 |
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| Michael Kirby AC CMG |
A Global Constitutional Dialogue on Human Rights Challenges for the Judiciary in the 21st Century |
9 British Journal of American Legal Studies 405 (Fall, 2020) |
C1-2CONTENTS I. Keeping up With Rapidly Changing Times. 406 II. Preserving Judicial Integrity. 408 III. Protection of Human Rights. 410 IV. Globalism, Democracy and the Judiciary. 413 V. Reflection of Judicial Values. 416 VI. Technology and Transparency. 417 VII. Artificial Intelligence and the Will to Justice. 418 VIII. Global Pandemics and; Search Snippet: ...were nomadic and that the land was terra nullius, no treaty was negotiated in Australia to govern and redress the dispossession of Indigenous land and other rights. [FN42] This approach was upheld in... |
2020 |
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| Gregory E. Maggs |
A Guide and Index for Finding Evidence of the Original Meaning of the U.s. Constitution in Early State Constitutions and Declarations of Rights |
98 North Carolina Law Review 779 (May, 2020) |
When the original thirteen states declared independence from Great Britain, their former colonial charters became obsolete. Eleven states quickly addressed this situation by adopting state constitutions and, in some cases, declarations of rights to replace their charters. These state documents greatly influenced the drafting of the United States; Search Snippet: ...art. XXXIII; to license PA-C § 20 to make treaties SC-C art. XXXIII; to order quarantines MD-C art... |
2020 |
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| Gary Born, Danielle Morris, Stephanie Forrest |
A Margin of Appreciation: Appreciating its Irrelevance in International Law |
61 Harvard International Law Journal 65 (Winter, 2020) |
The margin of appreciation is an ill-defined legal concept that some international tribunals have referred to when affording a measure of deference to actions taken by national authorities. As most international tribunals have concluded, however, the margin of appreciation is neither a rule of international law nor a justifiable exercise of; Search Snippet: ...2), India-Swed., July 4, 2000 ( Indian Ministry of Foreign Affairs website); Treaty Concerning the Encouragement and Reciprocal Protection of Investment art. XIV, Alb.-U.S., Nov. 1, 1995, S. Treaty Doc. No. 104-19 (1995). See also CETA, supra note... |
2020 |
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| Jordan Ramharter |
A Meeting of the Minds: Utilizing Maine's State Education System to Promote the Success of its Native Students While Maintaining Tribal Sovereignty |
72 Maine Law Review 379 (2020) |
I. Introduction II. The Right to Equal Educational Opportunities III. Student Opportunity and Achievement Gaps IV. Federal Education-Based Legislation V. American Indians and Education The Federal Government's Use of the Plenary Power Doctrine Federal Legislation and the Bureau of Indian Education The Gaps in Native Students Opportunity &; Search Snippet: ...MAINE'S STATE EDUCATION SYSTEM TO PROMOTE THE SUCCESS OF ITS NATIVE STUDENTS WHILE MAINTAINING TRIBAL SOVEREIGNTY Jordan Ramharter Copyright © 2020 by the University of Maine School... |
2020 |
Yes |
| Gabriel J. Chin |
A Nation of White Immigrants: State and Federal Racial Preferences for White Noncitizens |
100 Boston University Law Review 1271 (September, 2020) |
U.S. law, of course, drew many lines based on race from the earliest days of slavery and colonialism. It is also well known that the government discriminated against noncitizens in favor of citizens in areas such as licensing and land ownership. This Article proposes that during the long Jim Crow era, there was an additional body of racially; Search Snippet: ...such. The California Constitution of 1879 granted suffrage to [e]very native male citizen of the United States and every male person... |
2020 |
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| Joseph Regalia |
A New Water Law Vista: Rooting the Public Trust Doctrine in the Courts |
108 Kentucky Law Journal L.J. 1 (2019-2020) |
C1-2Table of Contents Table of Contents. 1 I. A Public Trust Bootcamp. 7 II. Some States Have Embraced their Trust Obligations to Meet Evolving Threats to Water Resources; Some Have Shed their Duties Completely. 12 A. We are in a water crisis and adaptive, aggressive action is needed to protect precious water resources, especially in the west. 12; Search Snippet: ...dates back much farther. See, e.g. San Carlos Apache Tribe v. Super. Ct. ex rel . Cty. of Maricopa, 972 P... |
2020 |
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| David M. Howard |
A Revised Revisionist Position in the Law of Nations Debate |
15 Duke Journal of Constitutional Law & Public Policy 53 (Spring, 2020) |
One of the most contentious debates in the legal field has continued for decades over the question: is customary international law incorporated into U.S. domestic law? This question has sparked controversy that has resulted in multiple positions but no definite answer--the modern position with Dean Harold Koh and Professor Carlos Vasquez to the; Search Snippet: ...and Federal Courts' Post- Kiobel Jurisprudence Guided by Australian and Indian Experiences , 29 Emory Int'l L. Rev. 119, 142 (2014) (citing... |
2020 |
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| Robert L. Glicksman |
A Tribute to George Cameron Coggins, Public Lands Maverick |
68 University of Kansas Law Review 699 (May, 2020) |
Writing a conventional tribute to George Coggins is like trying to fit a square peg into a round hole. George was not big on convention. Refreshingly irreverent is the way one of his fellow public lands scholars described him. Another called him one in a million, in a million different ways. As Professor Jim May recalled in the days following; Search Snippet: ...considerable attention to wildlife law, writing about the Migratory Bird Treaty Act, [FN113] wildlife law and Native Americans, [FN114] and wildlife protection in the national parks. [FN115... |
2020 |
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| Christopher Mark Macneill |
A Trip to Lomonosov Ridge: the Arctic, Unclos, and "Off the Shelf" Sovereignty Claims |
35 Journal of Environmental Law & Litigation 227 (2020) |
Introduction. 228 I. Statement of Claim. 230 II. Insusceptibility of the Open Sea to Be Appropriated as Property: A Historical Examination. 230 III. Legal Frameworks for the Deep Seabed. 234 A. The 1958 United Nations Convention on the Law of the Sea. 234 B. The 1982 Law of the Sea Convention. 237 IV. Competing Sovereignty Claims to the Arctic: The; Search Snippet: ...supra note 5, at 73. . Briney, supra note 81. Sovereignty over Greenland is exercised by Denmark and Greenlanders are viewed by the Danish government as an indigenous people within Denmark. Currie, supra note 45, at 3.... |
2020 |
Yes |
| David W. Schnare |
Academic Research Transparency and the Importance of Being Earnest |
49 Journal of Law and Education Educ. 1 (Winter, 2020) |
Public universities and their research faculty have become important participants in governmental regulatory policy making. The public often chaffs from such regulatory controls and demands that the scientific foundations of such policies be open to public examination. In the absence of quantitative information on the volume and nature of such; Search Snippet: .... Terri Hansen & Jacqueline Keeler, The NIH Is Bypassing Tribal Sovereignty to Harvest Genetic Data from Native Americans Motherboard: Tech by Vice (Dec. 21, 2018, 2:32... |
2020 |
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| Antoinette Burton |
Accounting for Colonial Legal Personhood: New Intersectional Histories from the British Empire |
38 Law and History Review 143 (February, 2020) |
As a feminist scholar of the British Empire who grew up intellectually in the 1980s, I am grateful for the ways that these articles allow us to revisit some of the keywords and critical concepts that animated histories of race, gender, conjugality, and un/lawful sex in the late nineteenth and early twentieth centuries in both metropole and colony; Search Snippet: ...significations of indigeneity were mobilized rhetorically and symbolically by British Indian subjects and by colonial authorities alike, each aspiring to assert their claims to imperial sovereignty and, in a frankly brilliant reading of the Komagata Maru' s... |
2020 |
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| Arthur G. LeFrancois |
Activist, Scholar, Administrator |
45 Oklahoma City University Law Review Rev. 5 (Fall/Winter 2020) |
All those who saw you report to me that you have undergone a tremendous transformation and have become almost angelic in nature. This worries me. For while I would like you to be a good boy and to become a good man, I should regret it if you lost your high spirits, your great energy, and even your mischievousness. When Larry Hellman was a very; Search Snippet: ...addition to establishing innocence and immigration clinics, Larry expanded our Native American Legal Resource Center (now the American Indian Law and Sovereignty Center), increased federal and state externship opportunities, and established our... |
2020 |
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| William Baude |
Adjudication Outside Article Iii |
133 Harvard Law Review 1511 (March, 2020) |
C1-2CONTENTS Introduction. 1513 I. The Puzzle of Adjudication Outside Article III. 1514 A. The Constitutional Provisions. 1514 B. The Historical Exceptions. 1515 C. The Puzzle. 1516 D. A Return to Constitutional Powers. 1519 II. The Powers of Non--Article III Tribunals. 1521 A. The Judicial Power (of Some Other Government). 1523 1. State Courts; Search Snippet: ...tribes. . Brief of Amicus Curiae National Congress of American Indians in Support of Petitioner at 26-29, United States v... |
2020 |
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| Joshua Kastenberg |
Alcohol Prohibition in the New Mexico and Arizona State Judiciaries at 100 Years: the Development of Law and Shaping of Society in the Southwest |
50 New Mexico Law Review 347 (Summer, 2020) |
On January 16, 1920, the United States became a dry nation, at least as intended by the recently adopted the Eighteenth Amendment to the Constitution and its implementing legislation, the National Prohibition Act. In his comprehensive study on the national alcohol ban, Last Call the Rise and Fall of Prohibition, Daniel Okrent asks his readers:; Search Snippet: ...id. at 49 See, e.g. David E. Wilkins, American Indian Sovereignty and the U.S. Supreme Court: The Masking of Justice 121... |
2020 |
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| Milan Kumar |
American Indians and the Right to Vote: Why the Courts Are Not Enough |
61 Boston College Law Review 1111 (March, 2020) |
American Indians and Alaska Natives face new barriers in exercising their fundamental right to vote. Recently, states have introduced and implemented facially neutral voting rules aimed at eliminating voter fraud. These rules, as well as strict voter identification and increased reliance on mail-in ballots, disproportionately suppress; Search Snippet: ...that even though the plaintiffs acquired their title from the tribe it is not a title that can be recognized by... |
2020 |
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| Amit Kumar Sinha |
An Inquiry into the Scope of Mfn Provisions in Bilateral Investment Treaties |
45 Brooklyn Journal of International Law 679 (2020) |
Introduction. 680 I. MFN Application: Internal Measures. 684 A. Relevant Comparators for the Purpose of Establishing Discrimination. 684 B. Contextualizing the Discourse. 690 II. MFN Application: External Measures. 692 A. The Tale of Two Cases. 693 1. Ambatielos Claim. 694 2. Anglo-Iranian Oil Co. Case. 696 B. Investment Tribunals. 698 1. Emilio; Search Snippet: ...indirect expropriation. . Prabhash Ranjan & Pushkar Anand, The 2016 Model Indian Bilateral Investment Treaty: A Critical Deconstruction , 38 Nw. J. Int'l L. & Bus. 1... |
2020 |
Yes |
| Erin Hogan-Freemole |
An Odd Way to Read a Preemption Statute: the Atomic Energy Act, Virginia Uranium, and the Diné Natural Resource Protection Act |
31 Colorado Natural Resources, Energy & Environmental Law Review 379 (Summer, 2020) |
C1-2Table of Contents Introduction. 380 I. The Atomic Energy Act. 382 A. The History and Structure of the Atomic Energy Act. 382 1. The Role of the Nuclear Regulatory Commission. 383 2. Uranium: Mining, Milling, and Environmental Impacts. 384 3. The Role of the States in Nuclear Regulation. 386 B. Preemption Under the Atomic Energy Act. 387 1; Search Snippet: ...processing. [FN199] It notes that natural resource management in Navajo Indian Country [FN200] is a traditional matter of paramount governmental interest and a fundamental exercise of Navajo tribal sovereignty. [FN201] While the legal status of states and tribes are... |
2020 |
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| Aaron Rappaport |
An Unappreciated Constraint on the President's Pardon Power |
52 Connecticut Law Review 271 (April, 2020) |
Most commentators assume that, except for the few restrictions expressly mentioned in the U.S. Constitution, the President's pardon power is unlimited. This Paper suggests that this common view is mistaken in at least one unexpected way. Presidential pardons must satisfy a modest procedural rule: they must list the specific crimes covered by the; Search Snippet: ...area, or Barataria Island. X 6/12/1830 Jackson Cherokee Indians (incorporated into treaty) X 8/6/1846 Polk Political prisoners prosecuted under Sedition... |
2020 |
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| Alana Paris |
An Unfair Cross Section: Federal Jurisdiction for Indian Country Crimes Dismantles Jury Community Conscience |
16 Northwestern Journal of Law & Social Policy 92 (Fall, 2020) |
Under the Sixth Amendment to the United States Constitution, federal jury pools must reflect a fair cross section of the community in which a crime is prosecuted and from which no distinct group in the community is excluded. The community in which a crime is prosecuted varies widely in Indian country based on legislative reforms enacted by Congress; Search Snippet: ...community in which a crime is prosecuted varies widely in Indian country based on legislative reforms enacted by Congress to strip indigenous populations of their inherent sovereignty. Under the Major Crimes Act, the federal government has the... |
2020 |
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| Sabina Veneziano |
An Untold Story: the Use of Fcn Treaties to Challenge Discriminatory State Statutes |
55 University of San Francisco Law Review 31 (2020) |
TREATIES OF FRIENDSHIP, commerce, and navigation (FCN treaties) are broad commercial and navigation treaties. They proscribe guidelines illustrating the obligations that contracting parties owe one another as well as the rights each contracting state owes to the nationals of the other contracting state. Essentially, these treaties set forth the; Search Snippet: ...U.S. courts claiming that these state statutes violated the FCN treaty the United States entered into with their native countries. The purpose of these FCN treaties was, in spirit... |
2020 |
Yes |
| Andrew Rader |
Analyzing the Implications of the Supreme Court's Holding in Herrera V. Wyoming |
44 American Indian Law Review 403 (2020) |
The Crow Tribe has inhabited southern Montana and northern Wyoming for more than three centuries; Wyoming officially became a state in 1890, long after the Crow Tribe settled in the area. The Tribe's settlement encompassed what is now known as the Bighorn National Forest, which is partly located in present-day Wyoming. Various territories; Search Snippet: ...those found in Herrera [FN13] Race Horse involved the Bannock Tribe of Indians, another tribe with land in present-day Wyoming, and the Tribe's treaty with the United States. [FN14] Within this treaty, article 4 provided, in part, the following language: [B]ut they... |
2020 |
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| Carrie L. Rosenbaum |
Anti-democratic Immigration Law |
97 Denver Law Review 797 (Summer, 2020) |
[I]n order to fully abolish the oppressive conditions produced by slavery, new democratic institutions would have to be created .. - W.E.B. DuBois This Article will bring together, in a novel way, three critical themes or concepts--settler colonialism, immigration plenary power, and rule of law. The U.S. constitutional democracy has naturalized; Search Snippet: ...nations. [FN104] In comparing plenary power's extraconstitutional authority over American Indians, Bibler Coutin, Richland, and Fortin refer to the United States... |
2020 |
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| Monica C. Bell |
Anti-segregation Policing |
95 New York University Law Review 650 (June, 2020) |
Conversations about police reform in lawmaking and legal scholarship typically take a narrow view of the multiple, complex roles that policing plays in American society, focusing primarily on their techniques of crime control. This Article breaks from that tendency, engaging police reform from a sociological perspective that focuses instead on the; Search Snippet: ...from the fear of White behavior. [FN141] The story of Native Americans' struggle to retain tribal sovereignty in the face of settler colonialism provides a helpful critical... |
2020 |
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