| Author | Title | Citation | Summary | Year | Key Terms |
| Sharon Thompson, Attorney, Circling Eagle Law |
IT IS MORE THAN JUST A CALCULATION: REFRAMING CHILD SUPPORT IN INDIAN COUNTRY |
97 North Dakota Law Review 297 (2022) |
I'm going to start off with a funny story. I was approached, I think it was a few months ago, by the editor board saying we'd like you to be part of the symposium, we're talking about Indian law this year, would you participate? I say sure, tell me a little bit more. They say it's going to be a panel that you'll be a part of, and it'll be about... |
2022 |
|
| Dallin J. Prisbrey |
JODIK: A CREATIVE PROPOSAL FOR SEEKING JUSTICE THROUGH NEEN KIO (WAKE ISLAND) |
23 Asian-Pacific Law and Policy Journal 54 (5/17/2022) |
I. Kadkad In (Introduction). 55 II. Naan ko Rmool im Jimwe (The Facts). 61 A. Jinoin La in (The Beginning of this World). 61 B. E Waok Ri-Plle (Foreigners Appear). 65 C. E Jutak Beak an Ri-Jmane (The German Flag is Raised). 66 D. A Brief American Interjection. 72 1. Buford Incident. 74 E. Nany Gunt: The South Seas Mandate. 75 1. The... |
2022 |
|
| Cynthia L. Cooper |
JUDGING JURISDICTION |
108-MAY ABA Journal 46 (April/May, 2022) |
On the Thursday in July 2020 that U.S. Supreme Court Justice Neil M. Gorsuch read the majority opinion in McGirt v. Oklahoma, Assistant U.S. Attorney Shannon Cozzoni sprang into action. In that moment, she knew what would happen next: Scores of major crime cases would be landing in her federal court district in Tulsa, requiring rapid adjustments... |
2022 |
|
| Emily N. Harwell |
JUDICIAL DISCRETION ACROSS JURISDICTIONS: MCGIRT'S EFFECTS ON INDIAN OFFENDERS IN OKLAHOMA |
107 Cornell Law Review 2095 (November, 2022) |
Introduction. 2095 I. Criminal Jurisdiction in Indian Country. 2097 II. Criminal Prosecution in Federal Courts. 2099 III. Criminal Prosecution in Oklahoma State Courts. 2100 IV. Methodology. 2102 A. Oklahoma Courts Dataset. 2103 B. Federal Courts Dataset. 2105 V. Results. 2107 A. Oklahoma Courts Results. 2109 B. Federal Courts Results. 2115... |
2022 |
|
| Rebecca Tsosie |
JUSTICE AS HEALING: NATIVE NATIONS AND RECONCILIATION |
54 Arizona State Law Journal 1 (Spring, 2022) |
I am honored to give the Canby Lecture for 2020, and I thank Patty Ferguson-Bohnee and Kate Rosier for their leadership of the Indian Legal Program and for inviting me today. I'm delighted to return, even in a virtual space, to the Sandra Day O'Connor College of Law at Arizona State University (ASU). This was my academic home for over twenty-two... |
2022 |
|
| Matthew L.M. Fletcher , Wenona T. Singel |
LAWYERING THE INDIAN CHILD WELFARE ACT |
120 Michigan Law Review 1755 (June, 2022) |
This Article describes how the statutory structure of child welfare laws enables lawyers and courts to exploit deep-seated stereotypes about American Indian people rooted in systemic racism to undermine the enforcement of the rights of Indian families and tribes. Even when Indian custodians and tribes are able to protect their rights in court,... |
2022 |
|
| Ben Gibson |
LESSONS FROM MCGIRT v. OKLAHOMA'S HABEAS AFTERMATH |
99 Denver Law Review 253 (Winter, 2022) |
In the summer of 2020, the U.S. Supreme Court handed down a decision in McGirt v. Oklahoma, concluding that Congress had never disestablished the historic boundaries of the Muscogee (Creek) Nation's reservation. In reaching this decision, the majority and dissent in McGirt sparred about the impact the Court's decision would have on the availability... |
2022 |
|
| Stephen H. Greetham |
LESSONS LEARNED, LESSONS FORGOTTEN: A TRIBAL PRACTITIONER'S READING OF MCGIRT AND THOUGHTS ON THE ROAD AHEAD |
57 Tulsa Law Review 613 (Spring, 2022) |
I. Introduction. 614 II. Discussion. 621 A. What Happened: A Tribal Practitioner's Reading of McGirt. 621 i. McGirt as Court Ruling. 624 a. The Parties. 624 b. The Question and Issue. 626 c. Oklahoma's Argument and the Law Before McGirt. 630 d. The Court's Holding and Analysis. 632 ii. McGirt Through the Lens of Professor... |
2022 |
|
| Alexandra B. Klass , Rebecca Wilton |
LOCAL POWER |
75 Vanderbilt Law Review 93 (January, 2022) |
This Article is about local power. We use that term in two distinct but complementary ways. First, local power describes the authority of local governments to enact regulatory policies in the interests of their citizens. Second, local power describes the authority of local governments to exercise proprietary control over the sources and delivery... |
2022 |
|
| Paul Mooney |
MAKING MARIJUANA LESS ILLEGAL: CHALLENGES FOR NATIVE AMERICAN TRIBES ENTERING THE MARIJUANA MARKET |
67 South Dakota Law Review 482 (2022) |
Many Native American tribes are venturing into the marijuana industry. Tribes often have to rely on new business ventures to generate revenue for services, and marijuana shares some parallels with casino gaming. However, tribes face a bevy of issues entering the marijuana market. For example, tribes are largely prevented from interacting with... |
2022 |
|
| J. Benton Heath |
MAKING SENSE OF SECURITY |
116 American Journal of International Law 289 (April, 2022) |
This Article theorizes security as a site of continuing struggle in the international system between competing approaches to identifying and responding to urgent threats. Rather than endorsing a single approach, this Article argues that a claim to security can imply any one of four approaches to law and policy, each of which has radically... |
2022 |
|
| Patrick Derocher |
MANIFESTING A BETTER DESTINY: INTEREST CONVERGENCE AND THE INDIAN CLAIMS COMMISSION |
24 NYU Journal of Legislation and Public Policy 511 (2021-2022) |
As debates continue over whether the United States should consider, let alone how it might implement, a reparations plan for the descendants of enslaved people, the conversation often proceeds without recognizing that this country has already administered a similar program: The Indian Claims Commission (ICC). However, the fact that the ICC has... |
2022 |
|
| Kelsey Henderson, Rachel Keirstead, Amanda Maze-Schultz, Suzie McKelvey, Lettie Rose, Melissa Zubizarreta |
MARRIAGE & DIVORCE |
23 Georgetown Journal of Gender and the Law 361 (Annual Review 2022) |
I. Introduction. 361 II. Same-Sex Marriage. 362 A. Background. 362 B. The Obergefell Holding. 362 C. Implementation and Enforcement Challenges Since Obergefell. 364 III. State Regulation of Marriage. 366 A. Jurisdiction and Recognition. 366 B. Rights Resulting from Formation. 369 C. Plural Marriage. 375 D. Covenant Marriage. 377 E. Status of Civil... |
2022 |
|
| Elle Rothermich |
MIND GAMES: HOW ROBOTS CAN HELP REGULATE BRAIN-COMPUTER INTERFACES |
7 University of Pennsylvania Journal of Law & Public Affairs 391 (May, 2022) |
Introduction. 392 I. Neurons and Narratives. 395 A. Brain-Computer Interfaces. 396 1. What are they?. 396 2. How do they work?. 398 3. Limits of Available Consumer BCI Technology. 401 B. Why Regulating BCIs is Challenging. 405 1. The Pacing Problem. 405 2. The Internet of Things Requires New Approaches to Data Protection. 409 3. How the Privacy... |
2022 |
|
| Melanie McGruder |
MISSING AND MURDERED: FINDING A SOLUTION TO ADDRESS THE EPIDEMIC OF MISSING AND MURDERED INDIGENOUS WOMEN IN CANADA AND CLASSIFYING IT AS A "CANADIAN GENOCIDE" |
46 American Indian Law Review 115 (2022) |
Native communities across the world are facing a human rights crisis. In Canada, alarming numbers of indigenous women and girls are being murdered or have been missing for a substantial amount of time, with no justice being served. Currently, indigenous women in Canada make up 16% of homicide victims and 11% of missing women, even though they only... |
2022 |
|
| Caelyn Radziunas |
MISSING THE MARK: A CRITICAL ANALYSIS OF THE RIGHTS OF NATURE AS A LEGAL FRAMEWORK FOR PROTECTING INDIGENOUS INTERESTS |
35 Tulane Environmental Law Journal 115 (Summer, 2022) |
I. Introduction. 115 II. Introduction to Indigenous Rights and Rights of Nature. 117 A. The Evolution of Indigenous Rights. 117 B. Sierra Club v. Morton. 120 C. Rights of Nature in the United States. 121 III. Case Studies: Ecuador, Bolivia, New Zealand, and India. 123 A. Ecuador. 123 B. Bolivia. 126 C. New Zealand. 128 D. India. 130 IV. Discussion.... |
2022 |
|
| Bethany R. Berger , Chloe Scherpa |
MOHEGAN WOMEN, THE MOHEGAN CHURCH, AND THE LASTING OF THE MOHEGAN NATION |
27 Roger Williams University Law Review 211 (Spring, 2022) |
Remember to take the best of what the white man has to offer . and use it to still be Indian.--Gladys Tantaquidgeon On a hill at the end of Church Lane in rural Uncasville, Connecticut, stands a lovely but unimposing church. With its white wooden façade and high slender steeple, the Mohegan Congregational Church resembles many others scattered... |
2022 |
|
| Amy Oltmanns |
MONEY, MONEY, MONEY: REVENUE IS FUNNY IN A MCGIRT WORLD |
74 Oklahoma Law Review 825 (Summer, 2022) |
Taxation is a vital instrument of government that provides funds for public services. In general, tax is simple: the federal government taxes all American citizens through the Internal Revenue Code, states tax persons within their boundaries, and Indian tribes do the same. Where there is overlap, the simplicity of the general principle... |
2022 |
|
| Matthew L.M. Fletcher |
MUSKRAT TEXTUALISM |
116 Northwestern University Law Review 963 (2022) |
Abstract--The Supreme Court decision McGirt v. Oklahoma, confirming the boundaries of the Creek Reservation in Oklahoma, was a truly rare case in which the Court turned back arguments by federal and state governments in favor of American Indian and tribal interests. For more than a century, Oklahomans had assumed that the reservation had been... |
2022 |
|
| James M. Grijalva |
NEW FEDERAL INITIATIVES FOR INDIAN COUNTRY ENVIRONMENTAL MANAGEMENT |
97 North Dakota Law Review 343 (2022) |
I. INTRODUCTION. 343 II. THE FOUNDATION OF THE EPA'S INDIAN PROGRAM. 344 III. INDIAN COUNTRY WATER QUALITY PROTECTION. 346 IV. FEDERAL WQS FOR INDIAN COUNTRY. 347 V. DEFINING TRIBAL USES AND SETTING PROTECTIVE CRITERIA. 349 VI. PROTECTING TRIBAL WATER QUALITY INTERESTS OUTSIDE INDIAN RESERVATIONS. 351 VII. CONCLUSION. 352 |
2022 |
|
| Brandon Hasbrouck |
ON LENITY: WHAT JUSTICE GORSUCH DIDN'T SAY |
108 Virginia Law Review 1289 (September, 2022) |
Facially neutral doctrines create racially disparate outcomes. Increasingly, legal academia and mainstream commentators recognize that this is by design. The rise of this colorblind racism in Supreme Court jurisprudence parallels the rise of the War on Drugs as a political response to the Civil Rights Movement. But, to date, no member of the... |
2022 |
|
| Brandon Hasbrouck |
ON LENITY: WHAT JUSTICE GORSUCH DIDN'T SAY |
108 Virginia Law Review Online 239 (August, 2022) |
Facially neutral doctrines create racially disparate outcomes. Increasingly, legal academia and mainstream commentators recognize that this is by design. The rise of this colorblind racism in Supreme Court jurisprudence parallels the rise of the War on Drugs as a political response to the Civil Rights Movement. But, to date, no member of the... |
2022 |
|
| Matthew L.M. Fletcher |
PANDEMICS IN INDIAN COUNTRY: THE MAKING OF THE TRIBAL STATE |
18 University of Saint Thomas Law Journal 295 (Spring, 2022) |
In late 1881, the Odawa people of Peshawbestown, Michigan, the capital of the Grand Traverse Band of Ottawa and Chippewa Indians, suffered through a vicious smallpox outbreak. Dozens of people became sick, and at least thirty Odawa people died out of a population of about three hundred. Once state health officials learned of the outbreak, they... |
2022 |
|
| Alexandra Flynn |
PARKS AS PERSONS: LEGAL INNOVATION OR COLONIAL APPROPRIATION? |
50 Fordham Urban Law Journal 1 (November, 2022) |
Introduction. 1 I. The Legal History of Vancouver's Stanley Park. 4 II. City Power and City Parks. 10 III. Personhood and Colonial Property Rights. 14 A. Personhood Differs Based on Jurisdiction, Form, and Legal Technicality. 15 B. Examples of Personhood Status for Nature: New Zealand and Colombia. 16 C. Personhood at the Local Level. 19 IV.... |
2022 |
|
| William B. Davis |
PERPETUATED IN RIGHTEOUSNESS: PROPOSALS FOR STRENGTHENING HAWAI'I'S "CEDED LAND" PROTECTIONS |
45-SPG Environs Environmental Law and Policy Journal 185 (Spring, 2022) |
I. Introduction. 186 II. Background. 188 A. Pre-Mhele. 189 B. The Great Mhele. 190 1. Crown and Government Lands. 191 C. Overthrow of the Hawaiian Kingdom. 192 1. Republic of Hawai'i. 194 2. Territory of Hawai'i. 195 3. Lili'uokalani v. United States. 196 D. Admission to the Union. 197 III. Road to the Current Law. 200 A. Halting the Sale of... |
2022 |
|
| Robert J. Pushaw, Jr. |
PLAYING WITH WORDS: AMAR'S NATIONALIST CONSTITUTION |
80 Washington and Lee Law Review Online 55 (9/19/2022) |
This essay provides a balanced critique of Akhil Amar's important book on early constitutional theory and practice. On the one hand, Amar's work has three unique virtues. First, unlike other constitutional historians, he does not examine a particular clause or a brief time period (such as 1787-1789), but rather analyzes the Constitution as a whole... |
2022 |
|
| Matthew L.M. Fletcher , Randall F. Khalil |
PREEMPTION, COMMANDEERING, AND THE INDIAN CHILD WELFARE ACT |
2022 Wisconsin Law Review 1199 (2022) |
This year (2022), the Supreme Court agreed to review wide-ranging constitutional challenges to the Indian Child Welfare Act (ICWA) brought by the State of Texas and three non-Indian foster families in the October 2022 Term. The Fifth Circuit, sitting en banc, held that certain provisions of ICWA violated the anti-commandeering principle implied in... |
2022 |
|
| Robin Kundis Craig |
PROMOTING "CLIMATE CHANGE PLUS" INDUSTRIES THROUGH THE ADMINISTRATIVE STATE: THE CASE OF MARINE AQUACULTURE |
39 Yale Journal on Regulation 479 (Spring, 2022) |
Climate change has reached its all hands on deck moment, requiring simultaneous mitigation and adaptation efforts and the participation of all branches of government at all levels--including (and maybe especially) the administrative state. However, while certain agency exercises of climate change discretion have received considerable commentary,... |
2022 |
|
| Jen Jenkins |
PU'UHONUA NOT PRISONS, A MANIFESTO |
46 Harbinger 103 (3/30/2022) |
Jen Jenkins chronicles how the Prison Industrial Complex, as a capitalist and white supremacist tool, has oppressed Native Hawaiian culture and people throughout its colonial history and into the present. Ultimately, Jenkins calls for prison abolition in Hawai'i, and urges policy makers and community members to center the self-determination of... |
2022 |
|
| Bethany R. Berger |
RACE TO PROPERTY: RACIAL DISTORTIONS OF PROPERTY LAW, 1634 TO TODAY |
64 Arizona Law Review 619 (Fall, 2022) |
Race shaped property law for everyone in the United States, and we are all the poorer for it. This transformation began in the colonial era, when demands for Indian land annexation and a slave-based economy created new legal innovations in recording, foreclosure, and commodification of property. It continued in the antebellum era, when these same... |
2022 |
|
| Charles R. Corbett , Edward A. Parson |
RADICAL CLIMATE ADAPTATION IN ANTARCTICA |
49 Ecology Law Quarterly 77 (2022) |
As the climate crisis intensifies, there is growing interest in policies that might supplement emissions reduction and adaptation, such as carbon removal systems and solar radiation modification. One newly prominent class of proposed interventions, which we call radical adaptation, would aim to stabilize Antarctic ice sheets, the loss of which... |
2022 |
|
| Nicholas Shrubsole, Associate Lecturer, University of Central Florida |
RAISING INDIGENOUS RELIGIOUS FREEDOM TO A HIGHER STANDARD: MICHAEL MCNALLY'S DEFEND THE SACRED AND THE CANADIAN LEGAL AND LEGISLATIVE LANDSCAPES, DEFEND THE SACRED: NATIVE AMERICAN RELIGIOUS FREEDOM BEYOND THE FIRST AMENDMENT BY MICHAEL D. MCNALLY. PRINCE |
37 Journal of Law and Religion 182 (January, 2022) |
Keywords: Canada; collective rights; cultural rights; Indigenous rights; religious freedom; United Nations Declaration on the Rights of Indigenous Peoples What is clear from Michael McNally's Defend the Sacred: Native American Religious Freedom beyond the First Amendment, and my own, What Has No Place, Remains: The Challenges for Indigenous... |
2022 |
|
| Girardeau A. Spann |
RANDOM JUSTICE |
100 North Carolina Law Review 739 (March, 2022) |
As recent Senate confirmation practices suggest, the Supreme Court is best understood as the head of a political branch of government, whose Justices are chosen in a process that makes their ideological views dispositive. Throughout the nation's history, the Supreme Court has exercised its governing political ideology in ways that sacrifice the... |
2022 |
|
| Harold Anthony Lloyd |
RECASTING CANONS OF INTERPRETATION AND CONSTRUCTION INTO "CANONICAL" QUERIES: INITIAL CANONICAL QUERIES OF PRESENTED OR TRANSMITTED TEXT |
57 Wake Forest Law Review 353 (2022) |
This Article advocates recasting the canons of construction into neutral queries rather than presumptions or directives of meaning. Such an approach would not only rectify problems with the canons discussed in this Article, but it would also provide lawyers with highly useful checklists of semantic questions lawyers might otherwise overlook when... |
2022 |
|
| Professor Matthew L.M. Fletcher, Reporter for the Restatement |
REFLECTIONS ON THE RESTATEMENT OF THE LAW OF AMERICAN INDIANS |
97 Washington Law Review 699 (October, 2022) |
34TH ANNUAL INDIAN LAW SYMPOSIUM RESTATEMENT OF THE LAW OF AMERICAN INDIANS APRIL 21, 2022 I've been asked to talk about and give some reflections about the Restatement project. And I'm going to start by telling a story about my family. I'm a descendant of a man named Leopold Pokagon. He is the namesake for which the Pokagon Band of Potawatomi... |
2022 |
|
| Christopher Ewell |
REIMAGINING THE RENEWABLE ENERGY TRANSITION: THE POTENTIAL FOR MANDATORY CORPORATE DUE DILIGENCE TO ENSURE RESPECT FOR THE RIGHT TO FREE, PRIOR, AND INFORMED CONSENT |
47 Yale Journal of International Law 309 (Summer, 2022) |
Introduction. 310 I. The Legal Development of the Right to Free, Prior, and Informed Consent. 315 A. International Labour Organization Conventions. 317 B. United Nations Declaration on the Rights of Indigenous Peoples. 318 C. International Financial Institutions and Corporate Policies. 319 II. International and Domestic Jurisprudence on the Right... |
2022 |
|
| Rose Cuison-Villazor |
REJECTING CITIZENSHIP |
120 Michigan Law Review 1033 (April, 2022) |
Pursuing Citizenship in the Enforcement Era. By Ming Hsu Chen. Stanford: Stanford University Press. 2020. Pp. xi, 215. $28. Citizenship for undocumented immigrants is once again on the horizon. Just a few weeks after President Donald Trump left the White House, and several years since the last time Congress failed to pass comprehensive immigration... |
2022 |
|
| Kendall Lawrenz |
REMEDYING THE HEALTH IMPLICATIONS OF STRUCTURAL RACISM THROUGH REPARATIONS |
90 George Washington Law Review 1018 (August, 2022) |
From the early introduction of slavery to the United States, not only did the economic prosperity of slavery depend on extracting reproductive labor from Black birthing people, but so did the field of medicine. Enslaved Black people were experimented on and forced to undergo inhumane procedures in the name of science, yet as the medical profession... |
2022 |
|
| Susan K. Serrano , Ian Falefuafua Tapu |
REPARATIVE JUSTICE IN THE U.S. TERRITORIES: RECKONING WITH AMERICA'S COLONIAL CLIMATE CRISIS |
110 California Law Review 1281 (August, 2022) |
This Article links the climate crisis with the ongoing colonization of the U.S. territories. It explores how the U.S. territories' political status--rooted in U.S. colonialism--limits their ability to develop meaningful adaptation efforts to combat the climate crisis in their islands. It offers a developing conceptual framework that draws upon... |
2022 |
|
| C. Steven Hager |
REPRINT: THE RULE OF LAW: MCGIRT v. OKLAHOMA AND THE RECOGNITION OF THE MUSCOGEE (CREEK) RESERVATION |
46 American Indian Law Review 308 (2022) |
As this special dedication issue dives into the testimonials in honor of Professor Hager, the incoming Board has decided to include a work by Professor Hager, to share his passion with you, the reader, in his own words. This article, written by Professor C. Steven Hager, was one of the last works Professor Hager published with Oklahoma Indian Legal... |
2022 |
|
| Whitney Saunders |
RESISTING INDIGENOUS ERASURE IN RHODE ISLAND: THE NEED FOR COMPULSORY NATIVE AMERICAN HISTORY IN RHODE ISLAND SCHOOLS |
27 Roger Williams University Law Review 379 (Spring, 2022) |
Before we begin, I want to take a moment to reflect on the lands on which we reside. We are coming from many places, physically and remotely, and we want to acknowledge the ancestral homelands and traditional territories of Indigenous and Native peoples who have been here since time immemorial and to recognize that we must continue to build our... |
2022 |
|
| Bill Piatt |
RESPECTING THE IDENTITY AND DIGNITY OF ALL INDIGENOUS AMERICANS |
6 Howard Human & Civil Rights Law Review 83 (2021-2022) |
The United States government attempted to eliminate Native Americans through outright physical extermination and later by the eradication of Indian identity through a boarding school system and other paper genocide mechanisms. One of those mechanisms is the recognition of some Natives but not the majority, including those who ancestors were... |
2022 |
|
| Matthew L.M. Fletcher |
RESTATEMENT AS AADIZOOKAAN |
2022 Wisconsin Law Review 197 (2022) |
Introduction. 197 I. Waabanong. 199 II. Zhaawanong. 201 III. Niingaabii'anong. 204 IV. Kiiwedinong. 206 Conclusion. 210 |
2022 |
|
| Richard J. Wallsgrove |
RESTORATIVE ENERGY JUSTICE |
40 UCLA Journal of Environmental Law & Policy 133 (2022) |
While distributive justice and procedural justice have received substantial attention from energy scholars, recent work identifies restorative justice as an underdeveloped component of the energy justice framework. As conceived in the context of criminal law, restorative justice seeks to more precisely account for harms and obligations that arise... |
2022 |
|
| Sara E. Hill |
RESTORING OKLAHOMA: JUSTICE AND THE RULE OF LAW POST-MCGIRT |
57 Tulsa Law Review 553 (Spring, 2022) |
I. Introduction. 554 II. Criminal Jurisdiction in a Post-McGirt World: The Creation of Modern Criminal Jurisdictional Rules in Indian Country. 558 A. Evolution of Criminal Jurisdiction in Indian Country. 559 III. The Post-McGirt Toolkit: Jurisdictional Problem-solving in Indian Country. 565 A. Public Law 280. 565 B. Cross-deputation Agreements. 567... |
2022 |
|
| Taino J. Palermo |
RETURNING HOME AND RESTORING TRUST: A LEGAL FRAMEWORK FOR FEDERALLY NON-RECOGNIZED TRIBAL NATIONS TO ACQUIRE ANCESTRAL LANDS IN FEE SIMPLE |
27 Roger Williams University Law Review 305 (Spring, 2022) |
There is a special trust relationship between the federal government and American Indian tribes, referred to as the trust responsibility. However, it is difficult to frame the scope of this relationship. One narrow interpretation is the trust instrument formed when the federal government takes tribal land in fee simple, to manage for the benefit... |
2022 |
|
| Nicole Mecca |
RIDING THE WAVE: FAIRNESS FOR FOREIGN INVESTORS IN INDIA'S IMPENDING INSOLVENCY TSUNAMI |
27 Fordham Journal of Corporate and Financial Law 619 (2022) |
Reminiscent of the warning signs of a tsunami, bankruptcy and insolvency courts across the globe have been eerily calm despite unprecedented conditions during the COVID-19 pandemic. The full extent of the pandemic's effect, including a tidal wave of wide-spread corporate and financial sector harm and wide-spread economic distress, remains to be... |
2022 |
|
| Adriel I. Cepeda Derieux , Rafael Cox Alomar |
SAYING WHAT EVERYONE KNOWS TO BE TRUE: WHY STARE DECISIS IS NOT AN OBSTACLE TO OVERRULING THE INSULAR CASES |
53 Columbia Human Rights Law Review 721 (Spring, 2022) |
At no other point in recent history have the so-called Insular Cases, and their enduring colonial legacy, elicited as intense a debate in Congress, the U.S. Department of Justice, the federal courts, and the territories as right now. Today, these early-twentieth-century cases--which notoriously established a continuing distinction between... |
2022 |
|
| Heather J. Tanana |
SECURING A PERMANENT HOMELAND: THE FEDERAL GOVERNMENT'S RESPONSIBILITY TO PROVIDE CLEAN WATER ACCESS TO TRIBAL COMMUNITIES |
69-APR Federal Lawyer 52 (March/April, 2022) |
Water is life--critical to the health, socioeconomic, and cultural needs of any community. Every household in the United States needs and deserves access to clean, reliable, and affordable drinking water. Yet, tribal communities face high rates of water insecurity. More than a half million people--nearly 48 percent of tribal homes in Native... |
2022 |
|
| Scott Franks |
SOME REFLECTIONS OF A MÉTIS LAW STUDENT AND ASSISTANT PROFESSOR ON INDIGENOUS LEGAL EDUCATION IN CANADA |
48 Mitchell Hamline Law Review 744 (May, 2022) |
This Article is a reflection on some of my experiences as a Métis law student and assistant professor on the subject of Indigenous legal education in Canada. I introduce myself and what brought me to law school and describe some of my experiences as a law student, as a co-president of an Indigenous Students Association, and as a student organizer... |
2022 |
|