| Author | Title | Citation | Summary | Year | Key Terms |
| Angelique EagleWoman, Wambdi A. Was'teWinyan, Dominic J. Terry, Lani Petrulo., Dr. Gavin Clarkson, Angela Levasseur, Leah R. Sixkiller, Jack Rice |
STORYTELLING AND TRUTH-TELLING: PERSONAL REFLECTIONS ON THE NATIVE AMERICAN EXPERIENCE IN LAW SCHOOLS |
48 Mitchell Hamline Law Review 704 (May, 2022) |
I. Introduction. 705 II. Becoming a Native Lawyer. 710 A. Ya'at'eeh!. 710 B. Don't Be A Victim of Your Environment. 710 C. Work Hard, and Never Give Up. 711 D. The Scenic Route. 711 E. So Close, Yet So Far. 712 F. The Bar Exam Does Not Define You!. 713 G. Ya'at'eeh, My Name is Dominic Terry. 713 III. Barred: A Personal Reflection on the Native... |
2022 |
|
| Jordan Gross |
TAKING STOCK: OPEN QUESTIONS AND UNFINISHED BUSINESS UNDER THE VAWA AMENDMENTS TO THE INDIAN CIVIL RIGHTS ACT |
73 Hastings Law Journal 475 (February, 2022) |
The primary statutory tool for federal regulation of Tribal court criminal procedure is the Indian Civil Rights Act of 1968 (ICRA). ICRA replicated most of the procedural protections in the Bill of Rights applicable to the States, as then interpreted by the Supreme Court. ICRA also sets out procedures Tribes must extend to criminal defendants in... |
2022 |
|
| Kyle Willmott , Department of Sociology & Anthropology, Simon Fraser University, Burnaby, British Columbia, Canada |
TAXES, TAXPAYERS, AND SETTLER COLONIALISM: TOWARD A CRITICAL FISCAL SOCIOLOGY OF TAX AS WHITE PROPERTY |
56 Law and Society Review 6 (March, 2022) |
In settler colonial states such as Canada, tax is central to political ideas that circulate about Indigenous nations and people. The stories that are told about Indigenous peoples by taxpayers' often involve complaints about budgets, welfare, and unfair tax arrangements. The paper theorizes how informal tax imaginaries' and taxpayer... |
2022 |
|
| Jonathan Adler, Charles Doran, Rosemary McCarney, Martha Hall Findlay, Hugh Short |
TENSIONS AND OPPORTUNITY IN ARCTIC DEVELOPMENT AND STEWARDSHIP |
46 Canada-United States Law Journal 77 (2022) |
MR. STEPHEN PETRAS: Welcome back everyone. We will now start our formal afternoon panel session of our conference. Our next panel will delve into tensions and opportunity in Arctic development and stewardship. Our moderator is Professor Jonathan Adler. Jonathan is the Johan Verheij Memorial Professor of Law here at Case Western Reserve University,... |
2022 |
|
| Kate R. Finn , Christina A.W. Stanton |
THE (UN)JUST USE OF TRANSITION MINERALS: HOW EFFORTS TO ACHIEVE A LOW-CARBON ECONOMY CONTINUE TO VIOLATE INDIGENOUS RIGHTS |
33 Colorado Environmental Law Journal 341 (Spring, 2022) |
C1-2Table of Contents Introduction. 342 I. The Intersection of Indigenous Rights and Extractive Industries. 346 A. Past Patterns. 347 B. Present Economic Drivers. 353 II. Global Standards to Shape the Supply Chain. 356 III. Russian Indigenous Peoples and Nornickel--A Developing Case Study. 360 IV. Next Steps to a Green Future. 364 A. Strengthening... |
2022 |
|
| Christopher R. Leslie |
THE AMERICA WITHOUT MARRIAGE EQUALITY: FA'AFAFINE, THE INSULAR CASES, AND MARRIAGE INEQUALITY IN AMERICAN SAMOA |
122 Columbia Law Review 1769 (October, 2022) |
American Samoa is the only U.S. jurisdiction that does not recognize gender-neutral marriage despite the Supreme Court's Obergefell decision invalidating laws that limit marriage to male-female couples. Among U.S. territories, American Samoa has five unique features: It is the only territory that the United States acquired through negotiation with... |
2022 |
|
| Angela R. Riley |
THE ASCENSION OF INDIGENOUS CULTURAL PROPERTY LAW |
121 Michigan Law Review 75 (October, 2022) |
Indigenous Peoples across the world are calling on nation-states to decolonize laws, structures, and institutions that negatively impact them. Though the claims are broad based, there is a growing global emphasis on issues pertaining to Indigenous Peoples' cultural property and the harms of cultural appropriation, with calls for redress... |
2022 |
|
| Julia Brokaw , Hudson B. Kingston , Jordan Hughes |
THE 'BURBS AND THE BEES: RACE, CLASS, AND RPBB POLICY IN MINNESOTA |
23 Minnesota Journal of Law, Science & Technology 473 (5/27/2022) |
Conserving the Rusty Patched Bumble Bee (RPBB) is a complicated scientific and legal effort that will require bee researchers, community organizers, and environmental justice coalitions to band together to reverse their decline. However, recent local and national disputes over the conservation of the RPBB demonstrate how a fragmented strategy will... |
2022 |
|
| Kristine A. Huskey |
THE CASE FOR TRIBAL VETERANS HEALING TO WELLNESS COURTS |
90 UMKC Law Review 577 (Spring, 2022) |
American Indians and Alaska Natives (AIAN) have a long history of serving in the United States military in relatively high numbers, and they continue to do so to this day. In some conflicts, for example the Vietnam War, AIAN soldiers saw disproportionately high rates of combat and were often assigned perilous duties, such as walking point and... |
2022 |
|
| Tom I. Romero, II |
THE COLOR OF LOCAL GOVERNMENT: OBSERVATIONS OF A BROWN BUFFALO ON RACIAL IMPACT STATEMENTS IN THE MOVEMENT FOR WATER JUSTICE |
25 CUNY Law Review 241 (Summer, 2022) |
This Article advocates for the adoption of racial impact statements (RIS) in local government decision making, particularly among water utilities. Situated in the larger history of water and climate injustice in Colorado and the arid American West, this Article examines ways that racially minoritized communities engage and contest legal and... |
2022 |
|
| David S. Schwartz |
THE COMMITTEE OF STYLE AND THE FEDERALIST CONSTITUTION |
70 Buffalo Law Review 781 (April, 2022) |
The conventional interpretation of the Constitution assumes that the Committee of Style, which created the final draft of the Constitution, lacked authority to engage with substance; therefore, any arguably substantive changes it purportedly made should be disregarded in favor of earlier draft language found in the records of the Constitutional... |
2022 |
|
| Bethany Sullivan, Jennifer Turner |
THE CONTINUED IMPACT OF CARCIERI ON THE RESTORATION OF TRIBAL HOMELANDS: IN NEW ENGLAND AND BEYOND |
27 Roger Williams University Law Review 322 (Spring, 2022) |
In 2009, the United States Supreme Court decided Carcieri v. Salazar, a case involving the Department of the Interior's (the Department or Interior) authority under section 5 of the Indian Reorganization Act (IRA) to acquire land into trust for the Narragansett Indian Tribe. Prior to the Supreme Court's decision, Interior had long interpreted the... |
2022 |
|
| Kylah Staley |
THE EXTRACTION INDUSTRY IN LATIN AMERICA AND THE PROTECTION OF INDIGENOUS LAND AND NATURAL RESOURCE RIGHTS: FROM CONSULTATION TOWARD FREE, PRIOR, AND INFORMED CONSENT |
73 Hastings Law Journal 1145 (May, 2022) |
Resource extraction and exploitation threaten the survival of Indigenous and tribal peoples, who are amongst the most marginalized communities in the world. This is both a human rights issue and an environmental issue. There are around 300 million people that make up Indigenous communities worldwide, the majority of whom live in forests.... |
2022 |
|
| Grant Christensen |
THE EXTRADITION CLAUSE AND INDIAN COUNTRY |
97 North Dakota Law Review 355 (2022) |
I. INTRODUCTION. 355 II. THE ENFORCEABILITY OF THE EXTRADITION CLAUSE. 357 A. Dennison and the Inability of Federal Courts to Enforce the Extradition Clause. 358 B. Branstad and a New Role for Federal Courts Enforcing the Extradition Clause. 360 III. THE EXTRADITION CLAUSE IN INDIAN COUNTRY. 361 A. THE GEOGRAPHIC NATURE OF INDIAN COUNTRY. 362 B.... |
2022 |
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| Evanson Chege Kamau , Faculty of Law, University of Bremen, Bremen, Germany, e-mail: echege@uni-bremen.de |
THE FASTEST ANIMALS ARE NOT THE FASTEST OVER TIME: MALAYSIA ADOPTS A COMPREHENSIVE ABS LEGISLATION AFTER A LONG STEADY EFFORT |
95 IUS Gentium 355 (2022) |
Abstract Malaysia did not have a law to regulate access to genetic resources, associated traditional knowledge (aTK) and benefit-sharing at a Federal level prior to the Nagoya Protocol. Only two States, Sabah and Sarawak, had such a law. Following the assent of the bill of 2017 regulating access and benefit-sharing (ABS) within the entire territory... |
2022 |
|
| Sam F. Halabi |
THE HEALTHCARE LEGACY OF THE MISSION CIVILISATRICE IN UNINCORPORATED U.S. TERRITORIES |
20 Northwestern Journal of Human Rights 121 (3/30/2022) |
ABSTRACT--Individual and population health in unincorporated U.S. territories-- American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands--lag terribly behind those in the 50 U.S. states and D.C. The populations in the territories--with drastically higher rates of poverty-- suffer and die from chronic conditions... |
2022 |
|
| K-Sue Park |
THE HISTORY WARS AND PROPERTY LAW: CONQUEST AND SLAVERY AS FOUNDATIONAL TO THE FIELD |
131 Yale Law Journal 1062 (February, 2022) |
This Article addresses the stakes of the ongoing fight over competing versions of U.S. history for our understanding of law, with a special focus on property law. Insofar as legal scholarship has examined U.S. law within the historical context in which it arose, it has largely overlooked the role that laws and legal institutions played in... |
2022 |
|
| Yuri G. Mantilla |
THE IMPLEMENTATION OF THE RIGHT TO SELF-DETERMINATION OF AYMARA AND QUECHUA INDIGENOUS PEOPLES: AN INTERNATIONAL NORMATIVE RESPONSE TO THE SPANISH CONQUEST OF TAWANTINSUYU |
36 Emory International Law Review 287 (2022) |
Contrary to ethnocentric views of law, this Article proposes an inter-civilizational perspective of international law. This perspective provides an analytical tool to understand the importance of preserving and empowering diverse cultures and peoples. In a globalized world, there is an increasing recognition of the contributions of diverse cultures... |
2022 |
|
| Christina Duffy Ponsa-Kraus |
THE INSULAR CASES RUN AMOK: AGAINST CONSTITUTIONAL EXCEPTIONALISM IN THE TERRITORIES |
131 Yale Law Journal 2449 (June, 2022) |
The Insular Cases have been enjoying an improbable--and unfortunate-- renaissance. Decided at the height of what has been called the imperialist period in U.S. history, this series of Supreme Court decisions handed down in the early twentieth century infamously held that the former Spanish colonies annexed by the United States in 1898--Puerto... |
2022 |
|
| Alexandra Huneeus |
THE LEGAL STRUGGLE FOR RIGHTS OF NATURE IN THE UNITED STATES |
2022 Wisconsin Law Review 133 (2022) |
Introduction. 133 I. The Origins of U.S. Nature Rights. 138 A. Codifying Navajo Common Law. 139 B. Corporate Persons and Toxic Sludge. 141 C. Ecuador's Constitution as a Catalyst. 145 II. The Quixotic Persistence of Non-Human Rights in the USA. 149 A. Transnational Legitimacy and Symbolic Politics. 150 B. The (Re)Turn to Native American Law. 152 C.... |
2022 |
|
| Sabrina Frydman |
THE MATANZA-RIACHUELO BASIN CASE: LESSONS IN ENVIRONMENTAL ACTIVISM FROM THE ARGENTINE SUPREME COURT AND CIVIL SOCIETY ORGANIZATIONS |
28 Southwestern Journal of International Law 47 (2022) |
I. Introduction. 48 II. The Legal Basis for Environmental Claims From a Human Rights Perspective. 50 III. Lessons in Environmental Activism: The Mendoza Case. 56 A. Environmental Issues in the Public Agenda and the Matanza-Riachuelo Basin Crisis. 56 B. Behind the Scenes: Social Activism. 60 C. A Court for the Environment: Ensuring Public Policy... |
2022 |
|
| Charles W. Tyler , Heather K. Gerken |
THE MYTH OF THE LABORATORIES OF DEMOCRACY |
122 Columbia Law Review 2187 (December, 2022) |
A classic constitutional parable teaches that our federal system of government allows states to function as laboratories of democracy. This tale has been passed down from generation to generation, often to justify constitutional protections for state autonomy from the federal government. But scholars have failed to explain how state governments... |
2022 |
|
| Robert G. Natelson |
THE ORIGINAL UNDERSTANDING OF THE INDIAN COMMERCE CLAUSE: AN UPDATE |
23 Federalist Society Review 209 (8/29/2022) |
The Congress shall have Power . To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes. C1-2Table of Contents I. Recent and Pending Litigation. 211 II. Previous Scholarship. 212 III. Goals of this Article. 213 IV. Some Principles of Originalist Analysis. 214 V. The Constitutional Scheme: Separation of... |
2022 |
|
| Michelle Bryan |
THE POWER OF RECIPROCITY: HOW THE CONFEDERATED SALISH & KOOTENAI WATER COMPACT ILLUMINATES A PATH TOWARD NATURAL RESOURCES RECONCILIATION |
25 University of Denver Water Law Review 227 (Spring, 2022) |
INTRODUCTION. 229 The Peoples and Their Place. 230 Why This Story Matters. 232 Roadmap for this Article. 235 I. HOW THE FEDERAL GOVERNMENT SET THE STAGE FOR TRIBAL-STATE COMPETITION OVER SCARCE WATER RESOURCES. 235 A. It Began in Montana: The Winters Doctrine and Tribal Water Rights. 235 B. The McCarran Amendment and its Impact on Tribal-State... |
2022 |
|
| Nick Crockett |
THE RISE OF CRITICAL INFRASTRUCTURE PROTEST LEGISLATION AND ITS IMPLICATIONS FOR RADICAL CLIMATE ACTIVISM |
33 Colorado Environmental Law Journal 407 (Spring, 2022) |
C1-2Table of Contents Introduction. 408 I. Background on State Repression and Vilification of Radical Environmental Activists. 411 A. Direct Action. 412 B. Animal Enterprise Terrorism Act. 413 C. Standing Rock and Valve Turners: The Impetus for the Rise of Critical Infrastructure Protest Laws. 415 II. Survey and Statutory Analysis of Critical... |
2022 |
|
| Arthur D. Middleton, Temple Stoellinger, Drew E. Bennett, Travis Brammer, Laura Gigliotti, Hilary Byerly Flint, Sam Maher, Bryan Leonard |
THE ROLE OF PRIVATE LANDS IN CONSERVING YELLOWSTONE'S WILDLIFE IN THE TWENTY-FIRST CENTURY |
22 Wyoming Law Review 237 (2022) |
I. Introduction. 238 II. Origins, Ownership, and Use of Private Land in the Gye. 244 III. Importance of Private Lands to Wide-Ranging Wildlife in the Gye. 251 A. The Grizzly Bear. 252 B. The Elk. 254 IV. Conceptual Basis for Wildlife Conservation on Private Lands. 260 A. Responsibilities of Landowners Toward Wildlife; and of the Public Toward... |
2022 |
|
| Ming Tanigawa-Lau |
THE STATE'S KULEANA: DECONSTRUCTING THE PERMITTING PROCESS FOR THE THIRTY-METER TELESCOPE AND FINDING RESTORATION THROUGH SYSTEMIC VALIDATION OF NATIVE HAWAIIAN RIGHTS |
68 UCLA Law Review 1390 (January, 2022) |
To many Native Hawaiians, Maunakea is a sacred place, central to their creation. To the astronomy community, it represents modern astronomy's greatest opportunity for scientific advancement. The steady construction of observatories on Maunakea since the 1960s, and the resultant destruction of the mountain's natural and spiritual landscape... |
2022 |
|
| Jessica A. Shoemaker |
THE TRUTH ABOUT PROPERTY |
120 Michigan Law Review 1143 (April, 2022) |
Federal Ground: Governing Property and Violence in the First U.S. Territories. By Gregory Ablavsky. New York: Oxford University Press. 2021. Pp. ix, 350. $39.95. The truth about stories is that that's all we are. This is one of the repeated refrains in Thomas King's The Truth About Stories: A Native Narrative. King is an American-born Canadian... |
2022 |
|
| Elizabeth Dunne, Esq. |
THE US PRESIDENT AND ARMY CORPS' DISCRETION AND AUTHORITY WITH REGARD TO EXECUTIVE ACTION IN FURTHERANCE OF BREACHING THE LOWER SNAKE RIVER DAMS |
14 Golden Gate University Environmental Law Journal 1 (Spring, 2022) |
This article takes an in depth look at the legal landscape applicable to the exercise of executive branch authority in the context of breaching the four dams on the lower Snake River. It demonstrates how executive authority can play an important role when it comes to addressing the climate crisis and biodiversity loss as well as in taking steps... |
2022 |
|
| Michael C. Blumm , Susan Jane M. Brown , Chelsea Stewart-Fusek |
THE WORLD'S LARGEST ECOSYSTEM MANAGEMENT PLAN: THE NORTHWEST FOREST PLAN AFTER A QUARTER-CENTURY |
52 Environmental Law 151 (Spring, 2022) |
For decades, the public forests of the Pacific Northwest were subject to widespread clearcutting of their old-growth trees as part of a federal policy promoting industrial logging. That era came to an end in the early 1990s, due to court injunctions enforcing environmental laws like the National Environmental Policy Act and the National Forest... |
2022 |
|
| Gabe Chess |
THIRD-PARTY BENEFICIARIES OF GOVERNMENT CONTRACTS: IMAGINING AN EQUITABLE APPROACH AND APPLYING IT TO BROKEN PROMISES IN DETROIT |
121 Michigan Law Review 291 (November, 2022) |
Courts have widely adopted a heightened standard for recognizing third-party beneficiaries of government contracts. But the justifications offered for the heightened standard do not withstand scrutiny. Instead, courts should apply a series of equitable factors to produce results consistent with the concern for manifest justice that animates... |
2022 |
|
| Rebecca Bratspies |
THIS GREAT CATASTROPHE: BUNGLING PANDEMICS FROM 1918 TO TODAY |
30 Michigan State International Law Review 189 (2022) |
I had a little bird, Its name was Enza. I opened the window, And in-flu-enza. In examining how badly the United States bungled its COVID-19 pandemic response, it is worth going back to the dire warnings issued two years earlier--on the 100th anniversary of the 1918 flu pandemic. Scientists and policymakers cautioned that the next pandemic would... |
2022 |
|
| Mariana Muñoz |
THIS LAND IS MY LAND, THIS LAND IS YOUR LAND, BUT WHERE IS THE ENVIRONMENTAL JUSTICE? |
23 Vermont Journal of Environmental Law 296 (Spring, 2022) |
Introduction. 296 I. Background. 298 A. A History of Broken Promises. 298 B. The Environmental Justice Movement. 300 C. Native Americans and Tribal Interplay with the Environmental Justice Movement. 301 II. Legal Analysis. 303 A. The Landmark Decision: McGirt v. Oklahoma. 303 B. Indian Nation Post McGirt: Generally. 306 C. Indian Nation Post... |
2022 |
|
| Madelyn Lehualani McKeague |
TO RAISE THE HEALTH STATUS OF NATIVE HAWAIIANS TO THE HIGHEST POSSIBLE LEVEL: AN EXPANSIVE READING OF THE NATIVE HAWAIIAN HEALTH CARE IMPROVEMENT ACT |
24 Asian-Pacific Law and Policy Journal 120 (Fall, 2022) |
I. Introduction. 121 II. Kuleana: Trust and Responsibility. 123 A. A Brief History of the Colonization of Hawai'i. 124 B. Health Effects of Colonization. 127 C. The Trust Relationship. 129 III. The Native Hawaiian Health Care Improvement Act. 133 A. E Ola Mau. 134 B. The Text of the Act. 137 C. Papa Ola Lkahi. 140 D. E Ola Mau A Mau. 141 IV.... |
2022 |
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| Angelique EagleWoman, Wambdi A. Was'teWinyan |
TRAILBLAZING AND LIVING A PURPOSEFUL LIFE IN THE LAW: A DAKOTA WOMAN'S REFLECTIONS AS A LAW PROFESSOR |
51 Southwestern Law Review 227 (2022) |
This Essay is a reflection from my perspective as a Dakota woman law professor on my fifth law school faculty. In the illuminating work of Meera Deo, light is shone on the experience of women of color legal academics. Unequal Profession: Race and Gender in Legal Academia is a book that should be required reading at every law school. As women of... |
2022 |
|
| Adam Crepelle |
TRIBAL LAW'S INDIAN LAW PROBLEM: HOW SUPREME COURT JURISPRUDENCE UNDERMINES THE DEVELOPMENT OF TRIBAL LAW AND TRIBAL ECONOMIES |
29 Virginia Journal of Social Policy and the Law 93 (Winter 2022) |
Reservation Indians are the poorest people in the United States; in fact, Indian country is commonly likened to the third world. Houses in Indian country often lack access to water and electricity. Reservation unemployment rates consistently linger at fifty percent. Many believe Indian country is lawless, so significant natural resource endowments... |
2022 |
|
| Ann E. Tweedy |
TRIBES, FIREARM REGULATION, AND THE PUBLIC SQUARE |
55 U.C. Davis Law Review 2625 (June, 2022) |
We stand at a crossroads with the United States Supreme Court seemingly poised, in New York State Rifle & Pistol Association v. Bruen, to expand the right of individualized self-defense first recognized in District of Columbia v. Heller, and shortly thereafter extended to states in McDonald v. City of Chicago. The Court's decision in Heller has... |
2022 |
|
| Robert A. Mikos |
UNAUTHORIZED AND UNWISE: THE LAWFUL USE REQUIREMENT IN TRADEMARK LAW |
75 Vanderbilt Law Review 161 (January, 2022) |
For decades, the United States Patent and Trademark Office (PTO) has required trademark owners to comply with sundry nontrademark laws governing the sale of their trademarked goods and services. Pursuant to this lawful use requirement, the Agency has refused or even cancelled registration of thousands of marks used on everything from Schedule I... |
2022 |
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| Kevin M. Biglin |
USING THE PUBLIC TRUST DOCTRINE TO SHUT DOWN ENBRIDGE LINE 5 |
23 Rutgers Race & the Law Review 327 (2022) |
The Great Lakes constitute one of the world's largest fresh water supplies. Millions of people rely on the lakes for drinking water and over 800,000 jobs. Millions more seek out vacations along the shores of the Great Lakes. Particularly popular are the Straits of Mackinac, known for their history, natural landscape, and biodiversity. However,... |
2022 |
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| Katherine Florey |
WAITING FOR THE SMOKE TO CLEAR: THE COMPLICATED BEGINNINGS AND PROMISING FUTURE OF TRIBAL CANNABIS |
67 South Dakota Law Review 443 (2022) |
When the Obama administration first extended its hands-off marijuana policy to tribes as well as states, much of Indian Country celebrated, believing that federal tolerance would be an immediate boon for tribes. The reality of tribal cannabis has been rockier. Tribes' initial ventures into cannabis were clouded by state opposition, federal raids,... |
2022 |
|
| Richard A. Monette |
WATER LAW IN NATIVE NATION TERRITORIES |
95-OCT Wisconsin Lawyer 10 (October, 2022) |
Maintaining access to sufficient clean water sometimes requires resort to the legal system. Determining rights to water on Indian land is a special exercise in choice of laws, jurisdiction, and balance of competing policies and cultures. Indian water rights law is complex, meandering through federal Indian law and several relatively distinct but... |
2022 |
|
| Joshua J. Schroeder |
WHY COST/BENEFIT BALANCING TESTS DON'T EXIST: HOW TO DISPEL A DELUSION THAT DELAYS JUSTICE FOR IMMIGRANTS |
125 West Virginia Law Review 183 (Fall, 2022) |
In 2022, the U.S. Supreme Court nullified its earlier presumption that indefinite immigrant detention without bond hearings is unconstitutional under Zadvydas v. Davis. If Zadvydas is a nullity, those who raise due process balancing tests during the post-removal-period in immigrant habeas review may need to find new grounds for review. However,... |
2022 |
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| Roopa Bala Singh |
YOGA AS PROPERTY: A CENTURY OF UNITED STATES YOGA COPYRIGHTS, 1937-2021 |
99 Denver Law Review 725 (Summer, 2022) |
Public debate on yoga as property fixates on whether yoga should be owned, asking if yoga can be Indian property. Framed as such, the public discourse obscures a century-long, ravenous arc of yoga ownership in the United States, accumulated by whiteness, beginning in the early twentieth century. What do the stories of yoga in American law tell us... |
2022 |
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| Hannah Duncan |
YOUTH ALWAYS MATTERS: REPLACING EIGHTH AMENDMENT PSEUDOSCIENCE WITH AN AGE-BASED BAN ON JUVENILE LIFE WITHOUT PAROLE |
131 Yale Law Journal 1936 (April, 2022) |
The Supreme Court has placed restrictions on courts' ability to impose life-with-out-parole sentences on juveniles. Most recently, Jones v. Mississippi underscored how existing Eighth Amendment protections fail to extend categorical protection to all juveniles. Tracing the history of intrachildhood classifications, this Note argues that Jones's... |
2022 |
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| Richard Spradlin |
ZONING, NATURAL RESOURCES, AND RECLAMATION: OPPORTUNITIES FOR ENVIRONMENTAL JUSTICE IN A FLOWERING INDUSTRY |
23 Vermont Journal of Environmental Law 374 (Summer, 2022) |
Introduction. 375 I. Racialized Criminalization and Attempted Restoration. 377 A. Criminalization. 377 B. Legalization. 379 1. Canna-colonialism. 379 II. Relationship Between the Environment and Cannabis Cultivation/Production. 383 III. EJ and Cannabis: Considerations and Opportunities. 389 A. Zoning, Licensing, and Community Rebuilding. 390 B.... |
2022 |
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| Neil Fulton |
"IT IS NOT NECESSARY FOR EAGLES TO BE CROWS.": WINTER COUNTS. DAVID HESKA WANBLI WEIDEN. ECCO, 2020. 325 PP. (ISBN 9780062968944) |
66 South Dakota Law Review 200 (2021) |
In his novel Winter Counts author David Heska Wanbli Weiden takes readers to the heart of modern life in Indian Country. Set on the Rosebud Indian Reservation in south central South Dakota, home of the Sicangu Lakota people, his novel is a compelling crime thriller. But it does more than tell an exciting tale. Through the lives of its characters,... |
2021 |
|
| Allison McKenzie |
"RIGHTS OF NATURE: THE EVOLUTION OF PERSONHOOD RIGHTS" |
9 Joule: Duquesne Energy & Environmental Law Journal 1 (Spring, 2021) |
Recently, there has been a growing movement to grant rights to certain aspects of nature among indigenous tribes and their supporting advocates in the United States as well as other places throughout the world. These rights are specifically called Rights of Nature, and are essentially a tool being used to grant legal standing to various aspects... |
2021 |
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| Monica Krup |
"RIOT BOOSTING": SOUTH DAKOTA'S INTEGRATION OF ENVIRONMENTAL, INDIGENOUS, AND FIRST AMENDMENT CONCERNS AND THE RHETORIC ON PROTEST |
22 Rutgers Race & the Law Review 293 (2021) |
In early 2019, the South Dakota legislature passed an urgent law that punishes and criminalizes those who participate in riots throughout the state. The law was a clear infringement on First Amendment Freedom of Speech and Freedom of Association rights and was executed as a direct response to the Standing Rock protests occurring in North Dakota... |
2021 |
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| Lucas S. Stegman |
"TAKE"-ING A NEW APPROACH TO THE LACEY ACT: HOW THE COMMERCE CLAUSE ENABLES THE LACEY ACT TO PROHIBIT TAKE OF PROTECTED SPECIES |
51 Texas Environmental Law Journal 325 (Summer, 2021) |
I. Introduction. 326 II. The Problem of Wildlife Trafficking. 328 A. The Wildlife Trade: United States as Destination. 330 B. The Wildlife Trade: United States as Source. 332 C. United States' Laws Regulating the Wildlife Trade. 333 III. The Lacey Act. 334 A. History of the Lacey Act. 334 B. Terms and Structure of the Lacey Act. 336 C. Lacey Act... |
2021 |
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| Kayla Molina |
"THE DESERT IS OUR HOME" |
45 American Indian Law Review 125 (2021) |
The U.S.--Mexico border divides the Tohono O'odham Nation in southern Arizona. The Nation governs and provides services for its members on both sides of the countries' borders. It is the second-largest [tribal nation] in the U.S., by land holdings--sit[ting] on an estimated 2.7 million acres in southern Arizona's Sonoran Desert. According to the... |
2021 |
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