AuthorTitleCitationSummaryYearKey Terms
Warigia M. Bowman Dust in the Wind: Regulation as an Essential Component of a Sustainable and Robust Wind Program 69 University of Kansas Law Review 45 (November, 2020) We have got a big appetite for wind .. Warren Buffett, May 2017 They want to destroy our countrysides, put windmills all over them. Watch your house go down in value. You ever see what happens? They build a windmill within distance of your house. You can forget about your house. President Donald J. Trump, February 2020 The promise of; Search Snippet: ...539, §§ 2-3. . Micah T. Zomer, Comment, Returning Sovereignty to the Osage Nation: A Legislative Remedy Allowing the Osage... 2020  
Kirk Talbott , Sera Song , Janis Alcorn Edith Brown Weiss as a Pathfinder: Strengthening Property Rights and Community-based Resource Governance for Indigenous Peoples Worldwide 32 Georgetown Environmental Law Review 533 (Spring, 2020) This paper explores the role of Edith Brown Weiss's scholarship in international environmental law with regard to property rights and resource governance, particularly for Indigenous Peoples. Edith Brown Weiss has helped pioneer creative strategies for governing our increasingly crowded, interconnected landscapes to avoid impending local and global; Search Snippet: ...Chris Swartz, After 30 Years, Only 23 Countries Have Ratified Indigenous and Tribal Peoples Convention ILO 169 Cultural Survival (Jun. 5... 2020  
Nicholas Shrubsole, Lecturer in Humanities, Religion and Cultural Studies, Department of Philosophy, University of Central Florida Ekklesia: Three Inquiries in Church and State. By Paul Christopher Johnson, Pamela E. Klassen, and Winnifred Fallers Sullivan. Chicago: University of Chicago Press, 2018. Pp. 262. $27.50 (Paper). Isbn: 9780226545585 35 Journal of Law and Religion 345 (August, 2020) The word ekklesia, at different times, has referred to both the polis of the Greek city state and the early Christian church. As a construct denoting an exclusive assembly of peoples convened under a transcendent sovereignty, reified by ritual, and legitimated through law, Ekklesia is a fitting title for this book on the important relationship; Search Snippet: ...distance of the metropole, the preexistence of sovereign nations of Indigenous Peoples, declarations of sovereignty from runaway slaves, and the presence of dissident religious communities... 2020  
Michael S. Lewis Evil History: Protecting Our Constitution Through an Anti-originalism Canon of Constitutional Interpretation 18 University of New Hampshire Law Review 261 (March, 2020) This review assesses three recent books on the subject of originalism. Each approaches the question of originalism from a different angle. None of the books confronts the raw challenge to the authority of the framers leveled by Justice Thurgood Marshall in his speech upon the bicentennial of the United States Constitution. Marshall argued; Search Snippet: ...Justice John Marshall deployed canons of construction to buttress the sovereignty of Native American tribes against the full-brunt of might makes right colonial force... 2020  
Fatma E. Marouf Extraterritorial Rights in Border Enforcement 77 Washington and Lee Law Review 751 (Spring, 2020) Recent shifts in border enforcement policies raise pressing new questions about the extraterritorial reach of constitutional rights. Policies that keep asylum seekers in Mexico, expand the use of expedited removal, and encourage the cross-border use of force require courts to determine whether noncitizens who are physically outside the United; Search Snippet: ...territory and constitutional scope. ); Sarah H. Cleveland, Powers Inherent in Sovereignty: Indians, Aliens, Territories, and the Nineteenth Century Origins of Plenary Power... 2020  
Kristianna Anderson Fatal Attraction: Preserving Polar Bear Populations Through Tourist Regulation in Norway's Arctic 52 George Washington International Law Review 99 (2020) For humans, the Arctic is a harshly inhospitable place, but the conditions there are precisely what polar bears require to survive--and thrive. Harsh to us is home for them. Originally signed to curb the threat of over-hunting posed to polar bears, the Agreement on the Conservation of Polar Bears has taken on a different meaning as modern; Search Snippet: ...note 19 , art. I-III. All States Parties to the treaty except for Norway have made exceptions in their domestic law for the rights of indigenous people to hunt polar bears, though typically with a stringent... 2020  
Chantal Carriere Federal Approval of Oil Pipelines and Indigenous Consultation in the United States after Standing Rock and Keystone Xl: Lessons from Canada on the Limits of Industry-indigenous Consultation 42 Houston Journal of International Law 321 (Spring, 2020) Introduction. 322 I. Government to Government Consultation and Industry-Indigenous Consultation. 327 II. Government-to-Government Consultation in the United States: Federal Indian Law and the Trust Doctrine. 336 A. The Trust Doctrine. 342 B. Government-to-Government Consultation. 347 1. Executive Policy. 348 2. Congressional Consultations Laws and; Search Snippet: ...The tensions that characterize current legal and political relations between tribes and other levels of government in the United States have their origins in the treaty-making era and the laws that flowed forthwith. All sources... 2020  
  Federal Indian and Tribal Law 43-APR Wyoming Lawyer 38 (April, 2020) If you intend to take a case in Tribal Court, ensure that you are a member of the Wind River (or other) Tribal bar, or file an application for pro hac vice before attempting to practice in the court. As a licensed attorney, becoming barred in the Wind River Tribal Court typically requires completing an application, found at; Search Snippet: ...and white laws on indigenous people through colonization. Alternatively, Tribal Sovereignty is the idea of inherent authority of indigenous tribes to govern themselves through their own laws and through the... 2020  
Bridget A. Fahey Federalism by Contract 129 Yale Law Journal 2326 (June, 2020) Just as private parties use contracts to facilitate joint projects and nation-states use treaties to organize joint undertakings, domestic governments use a breathtaking array of written instruments to coauthor legal rules and coordinate public programs. But we lack a vocabulary--literal and conceptual-- to describe these agreements. Our meager; Search Snippet: ...although the federal government has a long history of breaching treaties with Native governments, Maggie Blackhawk has suggested that the contemporary practice of... 2020  
Paul T. Babie , Paul Leadbeter , Kyriaco Nikias Federalism Fails Water: a Tale of Two Nations, Two States, and Two Rivers 35 Journal of Environmental Law & Litigation Litig. 1 (2020) Introduction. 3 I. Constitutional Settlements: Allocating Power over Water. 11 A. Federalism. 11 B. Water. 15 1. United States. 15 a. Federal Powers. 16 b. State Powers. 19 2. Australia. 20 a. Commonwealth Powers. 21 b. State Powers. 25 II. Cooperative or Flexible Federalism?. 26 A. United States-California: The Law of the River and the Colorado; Search Snippet: ...and potential significance, particularly as to international streams. Also, by treaties with western tribes of Indians, the United States has reserved rights to use of waters... 2020  
Ann C. McGinley , Nicole Buonocore Porter , Danielle Weatherby , Ryan H. Nelson , Pamela Wilkins , Catherine Jean Archibald Feminist Perspectives on Bostock V. Clayton County 53 Connecticut Law Review Online Online 1 (December, 2020) This jointly-authored essay is a conversation about the Supreme Court's recent and groundbreaking decision (Bostock v. Clayton County) that held that discrimination based on sexual orientation or gender identity is discrimination based on sex, and therefore prohibited by Title VII of the Civil Rights Act of 1964. While many scholars are writing; Search Snippet: ...2020) (holding, inter alia , that land recognized through an 1833 Treaty as belonging to the Creek Nation remained a Creek reservation, and that the State of Oklahoma could not try Native Americans under state law for crimes committed on that land... 2020  
  Fifty-first Selected Bibliography on Computers, Technology and the Law (January 2019 Through December 2019) 46 Rutgers Computer and Technology Law Journal 71 (2020) Each year, the Journal provides a compilation of the most important and timely articles on computers, technology, and the law. The Bibliography, indexed by subject matter, is designed to be a research guide to assist our readers in searching for recent articles on computer and technology law. This year's annual Bibliography contains nearly 1000; Search Snippet: ...2019) Rebecca Tsosie, Tribal Data Governance and Informational Privacy: Constructing Indigenous Data Sovereignty , 80 Mont. L. Rev. 229 (2019) Selen Uncular, The Right... 2020  
Ashleigh Dougill Fishing for Solutions: Pacific Northwest Atlantic Salmon Fish Farming in the Wake of the Cooke Aquaculture Net-pen Collapse 21 Oregon Review of International Law 259 (2020) Introduction. 260 I. Background and Historical Context. 261 II. Atlantic Salmon Fish Farming Impact. 263 A. Economic Dependence. 264 B. Ecological and Environmental Impact. 265 C. Impact on First Nations. 267 III. The Laws of Net-Pen Aquaculture. 267 A. Defining Aquaculture. 268 B. Roles of Governing Bodies. 269 1. Washington. 269 2. British; Search Snippet: ...Pacific salmon population growth. In contrast, B.C. First Nations protect native fish species and restrict Atlantic salmon aquaculture through treaty and aboriginal rights. So, while B.C.'s laws surrounding aquaculture will... 2020  
Emily Lamm Flexibly Fluid & Immutably Innate: Perception, Identity, and the Role of Choice in Race 26 William and Mary Journal of Race, Gender, and Social Justice 525 (Spring, 2020) Introduction I. The Construction and Reconstruction of Race A. Race & Rhetoric: Justifications for Slavery and American Imperialism B. Dominance Through Division: The Racial Hierarchy's Ultimate Illusion C. Ensnared Elevation: The Plight of Races Deemed Superior II. In Search of Clarity: Deconstructing Race in the Courtroom A. Endorsing Racism B; Search Snippet: ...as one of its acquisitions. [FN51] Article IX of the Treaty declared that [t]he civil rights and political status of the native inhabitants of the territories hereby ceded to the United States... 2020  
Steven F. Casey Foreword 50 Cumberland Law Review Rev. 1 (2019-2020) Welcome to the 50th Issue of the Cumberland Law Review! It hardly seems possible that this notable legal periodical has been in print that long, just as it seems impossible that my Cumberland Law School class recently celebrated its 40th reunion. Time marches on. Cumberland Law Review membership was a major highlight of my law school experience. It; Search Snippet: ...Alabama. The Issue looks into the emerging issues of ethics, Native American sovereignty, evidentiary issues of medical costs, criminal code for juveniles, and... 2020  
Nathan S. Chapman Forgotten Federal-missionary Partnerships: New Light on the Establishment Clause 96 Notre Dame Law Review 677 (December, 2020) Americans have long debated whether the Establishment Clause permits the government to support education that includes religious instruction. Current doctrine permits states to do so by providing vouchers for private schools on a religiously neutral basis. Unlike most Establishment Clause doctrines, however, the Supreme Court did not build this one; Search Snippet: ...formal matter, the schools were voluntary, [FN29] just as the tribes were, as a matter of law and theory, independent (yet... 2020  
Stephan Sonnenberg Formalizing the Informal: Development and its Impacts on Traditional Dispute Resolution in Bhutan 63 Washington University Journal of Law & Policy 143 (2020) Bhutan is a small landlocked country with less than a million inhabitants, wedged between the two most populous nations on earth, India and China. It is known for its stunning Himalayan mountain ranges and its national development philosophy of pursuing Gross National Happiness (GNH). This paper argues, however, that Bhutan should also be known; Search Snippet: ...their colonial presence in India in 1949, the newly formed Indian state inherited the rights and obligations of the former British counterparties to the Treaty of Punakha. De facto, this state of affairs began to... 2020  
David A. Dana , Hannah J. Wiseman Fracking as a Test of the Demsetz Property Rights Thesis 71 Hastings Law Journal 845 (May, 2020) Since its introduction in 1967, the account of property rights formation by Harold Demsetz has pervaded the legal and economic literature. Demsetz theorized that as a once-abundant, commonly shared resource becomes more valuable and sought-after, users will move to more clearly define property rights in the resource. Despite the high transaction; Search Snippet: ...States by the mining industry and largely in connection with indigenous or aboriginal communities with legal claims to resources under treaty or other law. In the context of agreements with First... 2020  
Suzianne D. Painter-Thorne Fraying the Knot: Marital Property, Probate, and Practical Problems with Tribal Marriage Bans 85 Brooklyn Law Review 471 (Winter, 2020) In the summer of 2015, marriage equality advocates celebrated the Supreme Court's decision in Obergefell v. Hodges, which struck down state prohibitions on same-sex marriage. The Court found that [t]he right of same-sex couples to marry . is part of the liberty promised by the Fourteenth Amendment. Two years earlier, the Court had struck down; Search Snippet: ...in intestacy proceedings. Part IV proposes that, consistent with tribal sovereignty, tribes should grant full faith and credit or comity to same-sex marriages performed outside the tribe's jurisdiction. While a tribe may opt not to solemnize a... 2020  
Colin Wittman Bradley From Jerusalem to Window Rock 56-AUG Arizona Attorney 54 (July/August, 2020) In 1983, the Window Rock District Court compared Navajos to Jews by stating, The most valuable tangible asset of the Navajo Nation is its land, without which the Navajo Nation would [not] exist and without which the Navajo People would be caused to disperse like the Jewish People following the fall of Jerusalem. Though both the Navajo and Jewish; Search Snippet: ...and increasing enrollment. Moreover, when the United States forcibly removed tribes from their ancestral lands, Treaties establishing reservations frequently promised that the United States government would... 2020  
Lindsay R. Johnson , Mary-Kathryn Hawes From the Trail of Tears to Tam: How United States Trademark Law Fails Native Americans 21 Wake Forest Journal of Business and Intellectual Property Law 29 (Fall, 2020) 32 I. Introduction. 32 II. The Psychology of Trademarks. 34 A. Overview. 34 B. The Psychological Difference Between Design and Word Marks. 35 C. The Psycho-Socio-Economic Effects of Misappropriation of Racial Representations in Design Marks. 37 III. The Indian Arts and Crafts Act. 38 A. Background and Legislative History of the Indian and; Search Snippet: ...Id. at 1021 Field Hearing Before the Committee on Indian Affairs: Cultural Sovereignty Series: Modernizing the Indian Arts and Crafts Act to Honor Native Identity and Expression: Hearing Before the S. Comm. on Indian Affairs , 115th Cong. 115-75 (2017) (statement of Dallin Maybee, Chief Operating Officer, Southwestern Association for Indian Arts). Id. Cent. Hudson Gas & Elec. Corp. v... 2020  
Julie Goldscheid Gender Violence Against Afro-colombian Women: Making the Promise of International Human Rights Law Real 4 Columbia Human Rights Law Review Online 249 (May 27, 2020) In the wake of the historic inclusion of racial and gender justice provisions in the 2016 peace accord with the Revolutionary Armed Forces of Colombia (FARC), gender violence in Colombia continues with devastating effect, and with a particularly harmful impact on Afro-descendant and Indigenous women and their communities. Colombia continues to; Search Snippet: ...groups of women, in particular Colombian women of African descent, indigenous, rural lesbian, bisexual, and transgender women and women with disabilities... 2020  
Susan H. Bragdon Global Legal Constraints: How the International System Fails Small-scale Farmers and Agricultural Biodiversity, Harming Human and Planetary Health, and What to Do about it 36 American University International Law Review Rev. 1 (2020) I. INTRODUCTION. 2 II. THE EFFECT OF MARKET SUPREMACY AND THE DENIGRATION OF THE STATE. 8 III. THE INTERNATIONAL LEGAL SYSTEM. 15 A. The Biodiversity Treaties. 15 B. Trade and IPR. 24 C. Human Rights Instruments. 40 D. Agenda 2030 and the Sustainable Development Goals. 44 IV. THE WAY FORWARD. 48; Search Snippet: ...SSF and the erosion of biological diversity. [FN18] For instance, treaties with the objective of the conservation and sustainable use of... 2020  
Priya S. Gupta Globalizing Property 41 University of Pennsylvania Journal of International Law 611 (Spring, 2020) Property is more than domestic. It is international, transnational, and global. Its reach, its consequences, and its ideas can rarely be theorized effectively or contained entirely within national borders. It is produced through encounters between actors from multiple jurisdictions, and by law from multiple sources. It is not stable or static. It; Search Snippet: ...prioritizes claims to land today as well as engagements with indigenous sovereignty. [FN94] In Australia, that sovereignty over territory (and eventually over people) was blurred with Crown... 2020  
Jane E. Cross Hassle-free Travel: Myrie V. Barbados and Freedom of Movement in Caricom 8 Penn State Journal of Law & International Affairs 536 (2020) C1-3Table of Contents I. Introduction: Hassle-Free Travel. 538 II. Regional Integration in the Commonwealth Caribbean and Freedom of Movement in the Caribbean. 543 A. Freedom of Movement in the Failed West Indies Federation. 544 B. RTC & CSME: The Regional Integration Development and Freedom of Movement. 550 III. Myrie v. Barbados - A Case; Search Snippet: ...Heads of Government also agreed to create the Independent West Indian Commission for Advancing the Goals of the Treaty of Chaguaramas. [FN73] Following the declaration, the WIC Report, published... 2020  
Chandler Farnworth Herrera V. Wyoming: the Supreme Court's Most Recent Attempt to Balance Tribal Rights, State Power, and Conservation Efforts 33 Tulane Environmental Law Journal 195 (Summer, 2020) I. Overview. 195 II. Background. 197 III. Court's Decision. 199 IV. Analysis. 203 V. Conclusion. 205; Search Snippet: ...more than three hundred years. [FN1] Increased conflict with non- Indian settlers led the Tribe to enter into treaties with the United States in the nineteenth century. [FN2] Under the Second Treaty of Fort Laramie, the Crow Tribe ceded over 30 million acres of territory in modern Wyoming... 2020  
Charles Wilkinson Honoring Sally Jewell 91 University of Colorado Law Review 743 (Spring, 2020) John Leshy, who served eight years as Interior Department Solicitor under Bruce Babbitt, has said in a reflective moment that the Solicitor has two duties: respect the institution and respect the people. And so it is for the Secretary, the highest officer of the Interior Department. Trustee for the tribes. Trustee for the rivers and the wildlife; Search Snippet: ...on what she described as fulfilling our sacred trust and treaty obligations to tribes. From her first major address through the present, she has... 2020  
Jeffrey B. Litwak How Much Evidence Should We Need to Protect Cultural Sites and Treaty Rights? 50 Environmental Law 447 (Spring, 2020) Too often, the administrative and judicial systems require tribes to reveal too much about their cultural site and treaty rights before agencies and courts are willing or able to protect them. Tribes must make a difficult decision whether to reveal information about their cultural site and treaty rights practices, which, when made public, leads; Search Snippet: ...B. Litwak Too often, the administrative and judicial systems require tribes to reveal too much about their cultural site and treaty rights before agencies and courts are willing or able to protect them. Tribes must make a difficult decision whether to reveal information about their cultural site and treaty rights practices, which, when made public, leads to damage, vandalism... 2020 Yes
Ian Falefuafua Tapu How to Say Sorry: Fulfilling the United States' Trust Obligation to Native Hawaiians by Using the Canons of Construction to Interpret the Apology Resolution 44 New York University Review of Law and Social Change 445 (2020) The Marshall Trilogy--a series of U.S. Supreme Court cases that became the legal foundation of the unique, government-to-government relationship between Indian tribes and the U.S. federal government--established a special doctrine known as the Indian Canons of Construction. The Canons became a powerful tool in treaty and statutory construction,; Search Snippet: ...Canons of Construction. The Canons became a powerful tool in treaty and statutory construction, providing that (1) the courts must interpret laws liberally and construe ambiguities in favor of tribes and (2) congressional intent must be clear if tribal rights and sovereignty are to be impinged in any way. In tracing the... 2020  
Aziz Rana How We Study the Constitution: Rethinking the Insular Cases and Modern American Empire 130 Yale Law Journal Forum 312 (November 2, 2020) Few American law classes actually teach the Insular Cases. This Essay argues that this is due to a profound lacuna in mainstream constitutional study--the failure to adequately confront the extent to which the United States from its founding has been a project of empire. In part, for this reason, the field tends to have little to say; Search Snippet: ...have been the heart of independent movements abroad--from sharing sovereignty with Native peoples and land return to reparations, systematic wealth redistribution, structural... 2020  
William E. Butler , Dickinson Law, Pennsylvania State University, Member of the District of Columbia Bar Hugh Henry Brackenridge: Legal Polymath 91 Pennsylvania Bar Association Quarterly 39 (January, 2020) C1-2TABLE OF CONTENTS I. BIOGRAPHICAL NOTES. 39 II. MODERN CHIVALRY. 44 III. LAW MISCELLANIES: PENNSYLVANIA BLACKSTONE AND OTHER LEGAL WRITINGS. 49 IV. CONCLUSION. 51; Search Snippet: ...with respect to Modern Chivalry: While Brackenridge was suspicious of Indian treaties and promises, he recognized the tragedy the whites had wrought on Indian civilizations. Elliott, note 12 above, at 200. See H... 2020  
Katherine Rollins If You Can't Beat 'Em, Reform 'Em: Expanding Oversight of Privately-operated Immigrant Detention Centers 46 Mitchell Hamline Law Review 924 (July, 2020) I. Introduction. 924 II. Background and History. 925 A. The History of Immigrant Detention. 926 1. Ellis Island. 926 2. Angel Island. 928 3. The Switch from Parole to Detention. 930 a. Haitian and Cuban Migration and the Federal Government's Solution. 931 b. The Cold War by Proxy and Resulting Migration. 933 c. The War on Drugs. 934; Search Snippet: ...into the United States unless otherwise provided for by existing treaties, persons who are natives of islands not possessed by the United States adjacent to the Continent of Asia or who are natives of any country, province, or dependency situate on the Continent... 2020  
John R. Jacus In Brief 51 No. 4 ABA Trends 17 (March/April, 2020) Plymouth Village Water & Sewer District v. Scott, No. 217-2019-CV-00650, 2019 N.H. Super. LEXIS 18 (N.H. Super. Ct., Nov. 26, 2019). The New Hampshire Superior Court enjoined the New Hampshire Department of Environmental Services' (DES) new standards for per- and polyfluoroalkyl substances (PFAS) in drinking water, finding that the plaintiffs'; Search Snippet: ...panel affirmed the lower court decision , holding that the Klamath Tribes and other tribes with treaty fishing rights had priority over plaintiff-appellant farmers for water... 2020  
Richard Awopetu In Defense of Culture: Protecting Traditional Cultural Expressions in Intellectual Property 69 Emory Law Journal 745 (2020) From Hakuna Matata to Bula to Dia de los Muertos, federal trademark registrations by commercial entities seeking to profit from rising interest in the traditions of indigenous peoples and local communities is commonplace. This issue is only a small part of a much broader issue around indigenous peoples' traditional knowledge and traditional; Search Snippet: ...tribal-insignia (last visited Aug. 11, 2019). . Trademark Law Treaty Implementation Act, Pub. L. No. 105-330, § 302, 112... 2020  
Steph Tai In Fairness to Future Generations of Eaters 32 Georgetown Environmental Law Review 515 (Spring, 2020) Climate change threatens the supply and quality of traditional foods. To respond to this threat, this essay applies Professor Edith Brown Weiss's principles of intergenerational equity to support a call for the protection of food heritage for future generations. The essay surveys some available international instruments but concludes that gaps; Search Snippet: ...provide a few preliminary suggestions, drawing from the experiences of indigenous food sovereignty advocates, who have been at the forefront of addressing intergenerational... 2020  
Jessica Serrano In Furtherance of National Interest or a Pirate's Blockade?: the Effect of the Trade War on the U.s. Steel, Aluminum, and Solar Industries 31 Colorado Natural Resources, Energy & Environmental Law Review 417 (Summer, 2020) Much like a pirate blockade, trade wars and tariffs slow commerce and can hurt certain industries. The current United States trade war with China has created economic stressors in the steel, aluminum, and solar industries. This Note will examine the history of tariffs in the United States and the powers of the president to shape the economic future; Search Snippet: .... Ileana M. Porras, Constructing International Law in the East Indian Seas: Property, Sovereignty, Commerce and War in Hugo Grotius De lure Praedae - The... 2020  
  In Memoriam 80-JUL Oregon State Bar Bulletin 52 (July, 2020) Dennis Charles Karnopp passed away peacefully on March 9, 2020. Karnopp was born in Lincoln, Nebraska, to Gertrude and Merle Karnopp. He had the unique experience of growing up in the Lancaster County Jail, where his father was first the deputy county sheriff and later county sheriff. At 16, he went to the Skyline Ranch for Boys in Colorado, which; Search Snippet: ...the landmark United States v. Oregon case, which defended the tribe's treaty-reserved fishing rights and associated cultural identity. Throughout his long... 2020  
Kaylin Hawkins Inadmissible as a Public Charge: Adjudicating the Trump Administration's War on Legal Immigration 93 Temple Law Review 181 (Fall, 2020) Isabel Martinez emigrated to the United States the right way. While she has yet to be naturalized as an American citizen, Isabel has been in the United States since she was two years old, when her family moved from Michoácan, Mexico. She lives legally in California on a temporary work visa, but she ultimately hopes to apply for lawful permanent; Search Snippet: ...140-41 (2014). . Sarah H. Cleveland, Powers Inherent in Sovereignty: Indians, Aliens, Territories, and the Nineteenth Century Origins of Plenary Power... 2020  
Margaret Schaff , Cheryl Lohman Indian Allottee Water Rights: a Case Study of Allotments on the Former Malheur Indian Reservation 31 Colorado Natural Resources, Energy & Environmental Law Review 147 (Winter, 2020) C1-2Table of Contents Introduction. 147 I. Indian Water Rights. 148 II. Allotment Water Rights. 151 III. Public Domain Allotments. 153 IV. The Malheur Public Domain Allotments. 156 Conclusion. 163; Search Snippet: ...the reservation. [FN10] Therefore, a review of all applicable statutes, treaties, and sources of congressional purpose found in legislative history for... 2020  
Matthew L.M. Fletcher Indian Lives Matter: Pandemics and Inherent Tribal Powers 73 Stanford Law Review Online 38 (June, 2020) American Indian people know all too well the impact of pandemics on human populations, having barely survived smallpox outbreaks and other diseases transmitted during the generations of early contact between themselves and Europeans. Indian people also suffered disproportionately from the last pandemic to hit the United States about a century ago; Search Snippet: ...century of the existence of the United States, hundreds of Indian tribes negotiated treaties and other agreements with the federal government designed to guarantee... 2020  
Catherine Schluter Indian Reserved Rights to Groundwater: Victory for Tribes, for Now 32 Georgetown Environmental Law Review 729 (Summer, 2020) Many Indian tribes in the United States have a federally reserved right to water to support their reservations and way of life, as recognized in Winters v. United States. However, the Winters doctrine does not explicitly recognize a reserved right to groundwater. Three states--Wyoming, Arizona, and Montana--faced the question of whether to extend; Search Snippet: ...Tribes' right to water for quantification purposes. [FN15] The 1869 treaty establishing the Wind River Reservation implicitly reserved water rights for the Tribes for agricultural purposes, including livestock and domestic or municipal purposes... 2020  
Lauren van Schilfgaarde Indigenizing Professional Responsibility 59 No. 2 Judges' Journal J. 6 (Spring, 2020) The regulation of attorney practice, including the ability to discipline, is considered an inherent power of the judiciary. Tribal Courts, like federal and state courts, inherently possess this power. But while nearly all 50 states have adopted identical ethical obligations for their advocates, these rules, and the societal values underlying them,; Search Snippet: ...and state courts, but they remain Tribal. Through Tribal Courts, Tribes have established beacons of sovereignty and service. They are mechanisms through which Tribes build distinct... 2020  
Kylie M. Allen Indigenous Nuclear Injuries and the Radiation Exposure Compensation Act (Reca): Reframing Compensation Toward Indigenous-led Environmental Reparations 10 Arizona Journal of Environmental Law & Policy 264 (Spring, 2020) Indigenous Nations have borne a wide array of harms as a result of U.S. nuclear policy. The extraction and processing of nuclear materials and testing of nuclear weapons have caused extensive health problems for Indigenous Peoples. Given that most nuclear facilities are located on tribal and traditional lands, Indigenous Peoples have been; Search Snippet: ...importantly, the United States should defer to the leadership of Indigenous Peoples and the sovereignty of Indigenous Nations, recognizing that the scope of Indigenous self-determination encompasses determining the frameworks of nuclear redress as... 2020  
Ruslan Garipov Indigenous Peoples' Rights in Russian North: Main Challenges and Prospects for Future Development 23 No. 1 Human Rights Brief 32 (Spring, 2020) Beginning with the Alaska colonization period by Russians (1732-1867) and the exploration of California (Fort Ross in Northern California, 1812-1841), American Indian's culture became popular in Russia and was reflected in Russian art and literature. In 1872, Duke Alexey Alexandrovich Romanov visited America, where he hunted buffalos in the West; Search Snippet: ...be the main reason for the limited international awareness about indigenous communities in Russia, [FN12] and the situation has changed partly due to the monitoring process of human rights treaties and partly due to the growing number and increased activities... 2020  
Michalyn Steele Indigenous Resilience 62 Arizona Law Review 305 (Summer, 2020) The story of federal Indian law is the story of Indian tribal survival in the face of perpetual challenges to their legal and cultural existence, both in law and policy. These assaults have come from every quarter: federal, state, and private actors, as well as from the judicial, legislative, and executive branches. Tribes have often lost key; Search Snippet: ...founding era. Those responsible for the earliest formulations of American Indian policy, and so many subsequent policymakers, had every expectation that the so-called Indian Problem would go away as the Indian people, their tribal organizations, and their claims to sovereignty were decimated by disease, disbanded after displacement, or dissolved under... 2020  
Dylan R. Hedden-Nicely , Lucius K. Caldwell Indigenous Rights and Climate Change: the Influence of Climate Change on the Quantification of Reserved Instream Water Rights for American Indian Tribes 2020 Utah Law Review 755 (2020) All models are wrong but some are useful. The people indigenous to the Western portion of the lands now referred to as North America have relied on aquatic species for physical, cultural, and spiritual sustenance for millenia. Such indigenous peoples, referred to in the American legal system as Indian tribes, are entitled to water rights for fish; Search Snippet: ...such peoples--referred to in the American legal system as Indian tribes--throughout the region as they negotiated treaties and agreements with the United States government in the 1850s... 2020  
Nicole B. Godfrey Institutional Indifference 98 Oregon Law Review 151 (2020) Introduction. 152 I. Prison Conditions and the Eighth Amendment. 156 A. The Origins of the Eighth Amendment. 157 B. The Eighth Amendment's Application to Prison Conditions. 160 1. The Birth of the American Penitentiary System. 160 2. Incarceration Nation. 163 3. The Birth of Deliberate Indifference. 165 II. Suits Against Prison Systems for; Search Snippet: ...that the Supreme Court's decision in Idaho v. Coeur d'Alene Tribe, 521 U.S. 261 (1997) undermined the constitutional value of Ex parte Young ); Akhil Reed Amar, Of Sovereignty and Federalism , 96 Yale L.J. 1425, 1480 (1987) (describing the... 2020  
Barnali Choudhury International Investment Law and Noneconomic Issues 53 Vanderbilt Journal of Transnational Law L. 1 (January, 2020) Arbitral tribunals have misconstrued the purpose of international investment agreements (IIAs) by failing to factor in the development aspect of these agreements into their analysis. IIAs were constituted to protect foreign investment in order to promote economic development. However, arbitral tribunals have tended to focus mainly on the investor; Search Snippet: ...BIT), art. 6, 2018. See Model Text for the Indian Bilateral Investment Treaty, pmbl., Dec. 2015 2020  
Ryan Martínez Mitchell International Law as Project or System? 51 Georgetown Journal of International Law 623 (Spring, 2020) Classical authors on international law tended to understand it as an immanent system of norms, emerging from natural reason, self-interest, and/or customary state behavior. This view largely kept hold well into the Vienna System era of multilateral diplomacy, indeed becoming more conceptually clear even as the language of natural law grew; Search Snippet: ...claims that the Congo Act was a constitution established by treaty that most satisfactorily guaranteed the interests of peace, those of all nations' as well as those of the natives, [FN296] would likely seem little more persuasive for many today... 2020  
Tanika Sarkar Intimate Violence in Colonial Bengal: a Death, a Trial and a Law, 1889-1891 38 Law and History Review 177 (February, 2020) The colonial state enacted an enormously controversial law in 1891 to regulate the age of consent for Indian women. A death propelled it: that of Phulmonee, a girl just over 10 years of age, who died in 1889 of marital rape. Amending Section 375 of the Indian Penal Code of 1860, and the Code of Criminal Procedure of 1882, the law criminalized; Search Snippet: ...took their place. In the domain of Personal Laws, then, Indian communities acquired something akin to sovereignty, and laws could not be made without reference to Indian scripture and custom. Nor could judicial disputes be resolved otherwise... 2020  
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