| Author | Title | Citation | Summary | Year | Key Terms |
| Bill Denke , Bruce Lee , Matthew Lysakowski , Jason O'Neal , Chief of Police, Sycuan Tribal Police Department, Public Safety Director, Poarch Band of Creek Indians, Senior Advisor for Tribal Affairs, Office of Community Oriented Policing Services, Departm |
JURISDICTIONAL SOLUTIONS IN INDIAN COUNTRY TO SUPPORT MISSING OR MURDERED INDIGENOUS PEOPLE EFFORTS |
69 Department of Justice Journal of Federal Law and Practice 71 (January, 2021) |
Jurisdictional challenges in Indian country may hamper tribal law enforcement's efforts to address missing or murdered Indigenous persons cases. To provide justice and fair treatment of tribal members and communities, tribal law enforcement must work in close cooperation with their local, state, and federal law enforcement partners in and around... |
2021 |
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| Angelique EagleWoman (Wambdi A. Was'teWinyan) |
JURISPRUDENCE AND RECOMMENDATIONS FOR TRIBAL COURT AUTHORITY DUE TO IMPOSITION OF U.S. LIMITATIONS |
47 Mitchell Hamline Law Review 342 (February, 2021) |
I. Introduction. 342 II. Questioning the Legal Basis for the Courts of Indian Offenses. 344 A. The Context of Shifting U.S. Indian Policies. 345 B. Courts of Indian Offenses as Assimilation Era Federal Instrumentalities. 347 III. Transition to Indian Self-Government and Modern Tribal Courts. 351 A. The Operation of Tribal Courts. 352 B. Tribal... |
2021 |
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| Aziz Rana |
KEYNOTE SPEECH, UCLA LAW REVIEW SYMPOSIUM 2020: LAW AND EMPIRE IN THE AMERICAN CENTURY |
67 UCLA Law Review 1432 (April, 2021) |
This keynote speech was delivered on January 31, 2020. It argues that dominant narratives of American legal liberalism and global exceptionalism increasingly find themselves under real political and intellectual strain, even among mainstream scholars and practitioners of constitutional law and public international law. The speech then draws from... |
2021 |
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| Joshua Rosenberg |
KŪ KIA'I MAUNA: PROTECTING INDIGENOUS RELIGIOUS RIGHTS |
96 Washington Law Review 277 (March, 2021) |
Courts historically side with private interests at the expense of Indigenous religious rights. Continuing this trend, the Hawai'i State Supreme Court allowed the Thirty-Meter-Telescope to be built atop Maunakea, a mountain sacred to Native Hawaiians. This decision led to a mass protest that was organized by Native Hawaiian rights... |
2021 |
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| Sherlyn Abdullah |
LEARNING FROM INDIA'S TKDL: DIGITIZATION AS A TOOL TO PROTECT CULTURAL PROPERTY AND AN ARGUMENT FOR DOING IT YOURSELF |
5 Georgetown Law Technology Review 99 (May, 2021) |
C1-2Table of Contents I. Introduction. 100 II. An Overview of Traditional Knowledge and Traditional Cultural Expressions. 101 III. Digitization Generally and Intellectual Property Implications. 103 IV. Who Should Digitize? The Historical Role of Memory Institutions and The Need For Change. 105 A. Memory Institutions' Use of Digitization to Preserve... |
2021 |
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| Nina Ciffolillo |
LEGAL BARRIERS TO TRIBAL JURISDICTION OVER VIOLENCE AGAINST WOMEN IN MAINE: DEVELOPMENTS AND PATHS FORWARD |
73 Maine Law Review 351 (2021) |
I. Introduction: Tribal Jurisdiction in the United States and Maine II. Violence Against Indigenous Women and the Violence Against Women Act (VAWA), Nationally and in MaineE A. On the National Scale B. In Maine III. Prospects of Prosecuting in Maine Tribal Courts IV. Weaknesses and Potential for More Effective Solutions in the U.S. and in... |
2021 |
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| Mirko Bagaric , Peter Isham , Jennifer Svilar , Theo Alexander |
LESS PRISON TIME MATTERS: A ROADMAP TO REDUCING THE DISCRIMINATORY IMPACT OF THE SENTENCING SYSTEM AGAINST AFRICAN AMERICANS AND INDIGENOUS AUSTRALIANS |
37 Georgia State University Law Review 1405 (Summer, 2021) |
The criminal justice system discriminates against African Americans. There are a number of stages of the criminal justice process. Sentencing is the sharp end of the system because this is where the community acts in its most coercive manner by intentionally inflecting hardships on offenders. African Americans comprise approximately 40% of the... |
2021 |
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| Adam Crepelle |
LIES, DAMN LIES, AND FEDERAL INDIAN LAW: THE ETHICS OF CITING RACIST PRECEDENT IN CONTEMPORARY FEDERAL INDIAN LAW |
44 New York University Review of Law and Social Change 529 (2021) |
Federal Indian law is rooted in history. Present day Indian law practitioners routinely cite cases from the 1800s. Most of the jurisprudence dealing with Indians in the 1800s is flagrantly racist and based upon grossly erroneous stereotypes about Indians. Contemporary Indian rights continuously erode because federal Indian law remains stuck in the... |
2021 |
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| Carol Zhang |
LINGUISTIC MINORITIES WITH DISABILITIES AND THE RIGHT TO NATIVE LANGUAGE INSTRUCTION |
22 Chicago Journal of International Law 335 (Summer, 2021) |
This Comment examines whether international law guarantees for linguistic minorities with disabilities the right to native language instruction. Linguistic minorities with disabilities currently face two challenges: the barriers presented by their disability and the difficulties of learning the majority language. A right to native language... |
2021 |
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| Kristen A. Carpenter |
LIVING THE SACRED: INDIGENOUS PEOPLES AND RELIGIOUS FREEDOM, DEFEND THE SACRED: NATIVE AMERICAN RELIGIOUS FREEDOM BEYOND THE FIRST AMENDMENT. BY MICHAEL D. MCNALLY. PRINCETON, N.J.: PRINCETON UNIVERSITY PRESS. 2020. PP. 376. $99.95 |
134 Harvard Law Review 2103 (April, 2021) |
In recent years, the Supreme Court has shown solicitude for religious freedom claims arising under the First Amendment and federal statutes. Cases expanding the scope of free exercise and narrowing limitations on government establishment have favored religious belief and practice, even when arguably pitted against core concerns about public health... |
2021 |
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| Nestor M. Davidson |
LOCAL CONSTITUTIONS |
99 Texas Law Review 839 (April, 2021) |
Municipal charters are the forgotten constitutions of our federal system. Scholars generally understand our democracy to be governed by federal and state constitutions, but there is a third, almost entirely ignored realm of constitutional law and practice that lives at the local-government level, embodied in the charters that govern cities,... |
2021 |
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| Amanda Tesarek |
MAKING THE "BEST" BETTER: TRANSFERRING BEST INTERESTS DETERMINATIONS TO TRIBES AS A SOLUTION TO THE ONGOING POST-COLONIAL INDIGENOUS CHILD WELFARE CRISIS |
30 Minnesota Journal of International Law 395 (Spring, 2021) |
Kill the Indian in him, and save the man. [C]ontinue until there is not a single Indian in Canada that has not been absorbed into the body politic and there is no Indian question, and no Indian department. [T]he destiny of the natives of aboriginal origin . lies in their ultimate absorption by the people of the Commonwealth . These... |
2021 |
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| Ana Condes |
MAN CAMPS AND BAD MEN: LITIGATING VIOLENCE AGAINST AMERICAN INDIAN WOMEN |
116 Northwestern University Law Review 515 (2021) |
The crisis of sexual violence plaguing Indian Country is made drastically worse by oil-pipeline construction, which often occurs near reservations. The man camps constructed to house pipeline workers are hotbeds of rape, domestic violence, and sex trafficking, and American Indian women are frequently targeted due to a perception that... |
2021 |
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| Judith Resnik |
MATURE AGGREGATION AND ANGST: REFRAMING COMPLEX LITIGATION BY ECHOING FRANCIS MCGOVERN'S EARLY INSIGHTS INTO REMEDIAL INNOVATION |
84 Law and Contemporary Problems 231 (2021) |
My introduction to Francis McGovern came in the fall of 1985, when the Yale Law School hosted a National Conference on Litigation Management. There, federal district judge Richard Enslen, who sat in the Western District of Michigan, talked about his experiences dealing with a volatile lawsuit involving fishing rights in the Great Lakes. An 1836... |
2021 |
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| Robert J. Miller |
MCGIRT v. OKLAHOMA: THE INDIAN LAW BOMBSHELL |
68-APR Federal Lawyer 30 (March/April, 2021) |
Note: A longer version of this article will be published in the 101 B.U. L. Rev. __ (2021). On July 9, 2020, in a 5-4 decision, the U.S. Supreme Court held in McGirt v. Oklahoma that the 3,250,000-acre Muscogee Creek Nation (MCN) reservation still exists. This case has already created major political, legal, and societal changes for the MCN and... |
2021 |
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| Ryan Gormley, Mary Bacon, Marisa Rodriguez, (WEINBERG, WHEELER, HUDGINS, GUNN & DIAL, LLC), (SPENCER FANE LLP), (CITY OF NORTH LAS VEGAS) |
MEET KOSTAN LATHOURIS |
29-JUL Nevada Lawyer 31 (July, 2021) |
When Kostan Lathouris entered law school, he had a different focus than most. He wanted to better position himself to be of service to his tribe: the Chemehuevi (cheh-meh-way-vee) Indian Tribe. And since graduating law school, he has done precisely that. Lathouris serves on the Chemehuevi Tribal Council, which consists of nine members and is the... |
2021 |
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| Jonathan Riedel |
MIRRORED HARMS: UNINTENDED CONSEQUENCES IN THE GRANT OF TRIBAL COURT JURISDICTION OVER NON-INDIAN ABUSERS |
45 American Indian Law Review 211 (2021) |
Rates of domestic violence are astonishingly high in Indian Country. More than half of Indian women have experienced physical violence in their lifetimes. They are twice as likely to experience rape as white women and to experience more violent rape when it occurs. Their plight is also deeply intertwined with race: 90% of women reported that the... |
2021 |
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| Heather Sauyaq Jean Gordon , Travis W.M. Roberts , Management and Program Analyst, Administration for Native Americans, Department of Health and Human Services, Program Analyst, Administration for Native Americans, Department of Health and Human Services |
MISSING OR MURDERED INDIGENOUS PEOPLE: CULTURALLY BASED PREVENTION STRATEGIES |
69 Department of Justice Journal of Federal Law and Practice 47 (January, 2021) |
To address the ongoing crisis of missing or murdered Indigenous persons (MMIP), we must explore the historical context that led to the extent of the victimization today. The issue is steeped in centuries of interracial physical and cultural violence carried out through colonial oppression of Indigenous peoples. What began with European... |
2021 |
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| Delaney Perl |
MITIGATING DISPARITIES IN ACCESS TO HEALTHCARE AMONG NATIVE AMERICAN COMMUNITIES THROUGH TELEHEALTH |
30 Annals of Health Law Advance Directive 247 (Spring, 2021) |
Marginalized communities have long suffered from various health disparities including access to healthcare. Native Americans in particular suffer from a wide range of socioeconomic, physical, and mental health disparities. More than twenty-five percent of Native Americans are living in poverty, and in some reservations, the rate of unemployment is... |
2021 |
|
| Cody Uyeda |
MOUNTAINS, TELESCOPES, AND BROKEN PROMISES: THE DIGNITY TAKING OF HAWAII'S CEDED LANDS |
28 Asian American Law Journal 65 (2021) |
Introduction. 66 I. Why Native Hawaiian Dignity Restoration Matters Today. 67 A. Bettering Native Hawaiian Health. 67 B. Re-Righting Hawaiian History. 69 II. Hawaii's Annexation and Formation of the Ceded Lands. 70 A. Overthrow and Annexation. 70 B. Formation of Hawaii's Ceded Lands. 71 C. The Ceded Lands Dispute. 74 D. The Ceded Lands Today. 76... |
2021 |
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| André B. Rosay , Professor of Justice & Associate Dean, College of Health, University of Alaska Anchorage |
NATIONAL SURVEY ESTIMATES OF VIOLENCE AGAINST AMERICAN INDIAN AND ALASKA NATIVE PEOPLE |
69 Department of Justice Journal of Federal Law and Practice 91 (January, 2021) |
When one in three Native American women will be raped in their lifetimes, that is an assault on our national conscience; it is an affront to our shared humanity; it is something that we cannot allow to continue. Advocates, researchers, practitioners, and policymakers are increasingly working together to raise awareness on the level of violence... |
2021 |
|
| John Taschner |
NATIVE HAWAIIANS' DISPROPORTIONAL INCARCERATION RATES LEADING TO DISPROPORTIONAL JAIL DEATHS |
21 Journal of Law in Society 93 (Winter, 2021) |
Introduction. 93 I. Native Hawaiians: Historically High Rates of Incarceration. 96 A. The Native Hawaiian Diaspora: Legacy of Inequality and Struggle. 99 II. Native Hawaiians and Justice: Incarceration of Hawaiian Community and Hawaiian Culture. 104 A. Incarcerated Native Hawaiians: High Rates of COVID-19. 106 III. Call for Overdue Reform:... |
2021 |
|
| Ndjuoh MehChu |
NICKELS AND DIMES? RETHINKING THE IMPOSITION OF SPECIAL ASSESSMENT FEES ON INDIGENT DEFENDANTS |
99 North Carolina Law Review 1477 (September, 2021) |
The Eighth Amendment to the U.S. Constitution bars the imposition of excessive fines. Despite this seemingly straightforward mandate, case law is not harmonious on the meaning of excessive under the Eighth Amendment. Significant questions persist as to whether imposing an economic sanction on a defendant that lacks any ability to pay is... |
2021 |
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NONDELEGATION'S UNPRINCIPLED FOREIGN AFFAIRS EXCEPTIONALISM |
134 Harvard Law Review 1132 (January, 2021) |
In their efforts to restrain the administrative state, the Supreme Court's conservative Justices face a quandary: The source of administrative agencies' power--statutory delegations from Congress--is also responsible for much of the presidential authority over foreign affairs and national security that these Justices hold in high regard. Consider... |
2021 |
|
| Jessica Tueller |
NOT HERS ALONE: VICTIM STANDING BEFORE THE CEDAW COMMITTEE AFTER M.W. v. DENMARK |
131 Yale Law Journal 256 (October, 2021) |
M.W. v. Denmark constitutes the first case in which the Committee on the Elimination of Discrimination against Women (CEDAW Committee) granted victim standing to an individual who did not identify as a woman to allege a violation of their rights under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).... |
2021 |
|
| Michele Statz, PhD |
ON SHARED SUFFERING: JUDICIAL INTIMACY IN THE RURAL NORTHLAND |
55 Law and Society Review 5 (March, 2021) |
Rural state and tribal court judges in the upper US Midwest offer an embodied alternative to prevailing understandings of access to justice. Owing to the high density of social acquaintanceship, coupled with the rise in unrepresented litigants and the impossibility of most proposed state access to justice initiatives, what ultimately makes a... |
2021 |
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| Michael McCann , Filiz Kahraman |
ON THE INTERDEPENDENCE OF LIBERAL AND ILLIBERAL/AUTHORITARIAN LEGAL FORMS IN RACIAL CAPITALIST REGIMES . THE CASE OF THE UNITED STATES |
17 Annual Review of Law and Social Science 483 (2021) |
legal orders, race and inequality, labor, capitalism, authoritarianism, liberalism Scholars conventionally distinguish between liberal and illiberal, or authoritarian, legal orders. Such distinctions are useful but often simplistic and misleading, as many regimes are governed by plural, dual, or hybrid legal institutions, principles, and practices.... |
2021 |
|
| Fred O. Smith, Jr. |
ON TIME, (IN)EQUALITY, AND DEATH |
120 Michigan Law Review 195 (November, 2021) |
In recent years, American institutions have inadvertently encountered the bodies of former slaves with increasing frequency. Pledges of respect are common features of these discoveries, accompanied by cultural debates about what respect means. Often embedded in these debates is an intuition that there is something special about respecting the... |
2021 |
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PANEL DISCUSSION |
31 Albany Law Journal of Science and Technology 164 (2021) |
Thank you. We are just going to take a brief second so that we can get the panelists started. Today's panel will be moderated by Professor Ciji Dodds. Professor Dodds earned her BA in African American studies and mass communications from the University of North Carolina at Chapel Hill. She went on to earn her JD cum laude from Howard University... |
2021 |
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| Simeon R. Acoba, Jr. |
PASH AND THE EVOLUTION OF NATIVE HAWAIIAN RIGHTS PROTECTION |
43 University of Hawaii Law Review 550 (Summer, 2021) |
INTRODUCTION. 551 I. THE EARLY COURT TREATMENT OF ARTICLE XII, SECTION 7 EXERCISED RIGHTS. 552 A. The PASH and Hanapi Criteria. 552 B. The Balancing of Interests. 554 II. PRATT'S TOTALITY OF CIRCUMSTANCES TEST. 556 III. THE ENFORCEMENT OF EXERCISED RIGHTS. 558 A. The Ka Pa'akai Framework. 558 B. Findings of Fact and Conclusions of Law. 560 IV.... |
2021 |
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| Alec D. Tyra |
PERSISTENT ENVIRONMENTAL POLLUTANTS AND WATER UTILITIES: THE ARGUMENT FOR CERCLA EXEMPTIONS IN POLYFLUOROALKYL SUBSTANCES (PFAS) CLEANUP |
17 Animal & Natural Resource Law Review 187 (July, 2021) |
Outside many towns and cities creeps an invisible but ever-present threat, Per-and Polyfluoroalkyl Substances (PFAS). PFAS are the emerging pollution problem of the 21 century. Exposure, through drinking water, leads to a host of adverse health effects, including endocrine disruption and cancer. PFAS are a broad class of compounds that have been... |
2021 |
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| Tova Indritz , Albuquerque, New Mexico, 505-242-4003 |
PERSPECTIVE |
45-JUL Champion 61 (July, 2021) |
Indigent Native Americans facing up to a year of imprisonment by a tribal court are not protected by the Sixth Amendment and are not entitled to appointed counsel. They should receive the same right to appointed counsel afforded to everyone else in the United States who is facing any term of incarceration. Every society has mechanisms to deal with... |
2021 |
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| Marianne Engelman Lado , Kenneth Rumelt |
PIPELINE STRUGGLES: CASE STUDIES IN GROUND UP LAWYERING |
45 Harvard Environmental Law Review 377 (2021) |
Bridging the intersection between theory and practice, this Article explores conceptualizations of the role of the lawyer in the context of fights over pipeline infrastructure. Focusing on recent battles over the Dakota Access Pipeline, the Atlantic Coast Pipeline, and the lesser-known Portland Montreal Pipeline, the authors argue that recent... |
2021 |
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| Mary J. Pavel |
POLICYMAKERS' ROLE IN CHANGING THE WASHINGTON FOOTBALL TEAM'S NAME |
68-APR Federal Lawyer 44 (March/April, 2021) |
The word Reds**n is a racial slur, and I have always believed that renaming Washington's football team would be important to changing how America views and treats native people. In just one of a lifetime of experiences with this racial slur, an African American attorney told me that I should not be offended by Reds**n, as it was not the same as... |
2021 |
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| Matthew J. Stanford |
PRACTICAL PIETY: DIVINING RELIGION'S ROLE IN REPRODUCTIVE POLICYMAKING |
39 Boston University International Law Journal 1 (Spring, 2021) |
By examining the regulation of family planning in three governmental contexts-- theocracy, ethnoreligious democracy, and secular liberal democracy--this Article contends that the secular liberal democracy overreaches both when it adopts disingenuous legislative rationales simply to avoid the appearance of promoting religion and when it judicially... |
2021 |
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| Elizabeth Darling , Former Commissioner, Administration for Children & Families, Administration on Children, Youth & Families, U.S. Department of Health and Human Services |
PREVENTION STRATEGIES RELATED TO MISSING OR MURDERED NATIVE AMERICANS |
69 Department of Justice Journal of Federal Law and Practice 159 (January, 2021) |
American Indians and Alaska Natives experience domestic violence in epidemic proportions. The Centers for Disease Control (CDC) publishes data on the 10 leading causes of death in the United States by race and gender. Suicide ranks as the second leading cause of death for Native women and girls ages 1-19 (17.1%) and third for those ages 20-44... |
2021 |
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PROCEEDINGS OF THE 2020 LEE E. TEITELBAUM UTAH LAW REVIEW SYMPOSIUM |
2021 Utah Law Review 951 (2021) |
In the autumn of 2020, the Utah Law Review, in cooperation with the S.J. Quinney College of Law Center for Law and Biomedical Sciences, convened a two-day virtual symposium exploring The Law and Ethics of Medical Research. On November 13th, leading scholars from across the country joined us for a panel discussion titled Sharing Medical Research... |
2021 |
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| Malcolm Lavoie |
PROPERTY AND LOCAL KNOWLEDGE |
70 Catholic University Law Review 637 (Fall, 2021) |
I. The Importance of Local Knowledge. 645 A. What Is Local Knowledge?. 645 B. Local Knowledge and Organizations. 649 C. Local Knowledge and Big Data. 651 II. Local Knowledge and the Justification of Property Rights. 653 A. How Property Channels Local Knowledge. 653 C. Local Knowledge and Ownership Concentration. 660 D. Property Institutions and... |
2021 |
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| Riccardo Vecellio Segate |
PROTECTING CULTURAL HERITAGE BY RECOURSE TO INTERNATIONAL ENVIRONMENTAL LAW: CHINESE STANCES ON FAULTLESS STATE LIABILITY |
27 Hastings Environmental Law Journal 153 (Winter, 2021) |
Several international policy documents define the environment as made of natural heritage and cultural heritage together, along the lines of concepts such as biosphere or ecosystem which have been introduced relatively recently to define the complexity of humanen-vironment interactions. Nevertheless, distinguishing natural heritage from the... |
2021 |
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| Rebecca Chapman |
PROTECTING OUR SPACES OF MEMORY: REDISCOVERING THE SENECA NATION SETTLEMENT ACT THROUGH ARCHIVES |
113 Law Library Journal 173 (Summer, 2021) |
Archival spaces act as collective memory, and the need to preserve and protect those spaces is critical for understanding historical events. To illustrate the idea of archival space as a space of memory, this article looks at the Seneca Nation Settlement Act, which is more fully understood through the use and interpretation of archival materials.... |
2021 |
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| Adam Crepelle |
PROTECTING THE CHILDREN OF INDIAN COUNTRY: A CALL TO EXPAND TRIBAL COURT JURISDICTION AND DEVOTE MORE FUNDING TO INDIAN CHILD SAFETY |
27 Cardozo Journal of Equal Rights & Social Justice 225 (Spring, 2021) |
C1-2Table of Contents I. Introduction. 226 II. Child Abuse Data and Its Effects. 229 III. Explaining the High Rates of Child Maltreatment in Indian Country. 232 A. Jurisdictional Confusion. 232 B. Lack of Law Enforcement Resources. 238 C. Lack of Access to Criminal Databases. 241 D. Inadequate Healthcare and Social Services. 244 E. Socioeconomics.... |
2021 |
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| Kathrin Lozah |
PUSHING PAST THE PANDEMIC: RE-EVALUATING TRIBAL EXEMPTIONS TO MEDICAID WORK REQUIREMENTS |
47 American Journal of Law & Medicine 333 (2021) |
In recent years, amid the skyrocketing cost of healthcare, the Secretary of the Department of Health and Human Services (HHS) approved several Section 1115 demonstration projects from states seeking to implement Medicaid work requirements in an effort to decrease healthcare spending. The Secretary has stated that these projects promote the... |
2021 |
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| Stewart Chang , Frank Rudy Cooper , Addie C. Rolnick |
RACE AND GENDER AND POLICING |
21 Nevada Law Journal 885 (Spring, 2021) |
C1-2Table of Contents Introduction. 885 I. Unrest and the Question of Looting. 891 II. The Black Perspective on Looting. 898 III. Policing, Property, and White Patriarchy. 904 A. Christian Cooper: White Caller Crime. 905 B. Jannie Ligons: The Sexual Non-Privilege of Black Women. 910 C. Sandra Bland and Elijah Taylor: Suspicion, Policing, and the... |
2021 |
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| Joy Barber |
RACE TO JURISDICTION: FORUM DETERMINATION IN DV-RELATED CHILD CUSTODY ACTIONS WHEN SURVIVORS FLEE ACROSS RESERVATION LINES |
82 Montana Law Review 259 (Summer, 2021) |
You are a state district court judge in a small town just outside an Indian reservation. Before you is a dissolution petition with a parenting plan brought by the mother of two children. All three are tribal members. The family has primarily lived on the reservation for the previous four years. However, after being severely beaten by her non-Indian... |
2021 |
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| William Y. Chin |
RACIAL EQUALITY AND INEQUALITY IN AMERICA AND LESSONS FROM OTHER COUNTRIES |
27 Cardozo Journal of Equal Rights & Social Justice 473 (Spring, 2021) |
C1-2Table of Contents I. Introduction. 474 II. Racial Equality Lessons from other Countries. 475 A. Abolish Law Enforcement's use of Neck Restraints. 476 B. Add Day Fines to the Range of Sanctions. 479 C. Promote and Reward Reading by Prisoners. 480 D. Offer a National Apology for Subjugating African Americans. 483 E. Assist Workers of Color by... |
2021 |
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| Matiangai Sirleaf |
RACIAL VALUATION OF DISEASES |
67 UCLA Law Review 1820 (April, 2021) |
Scholars have paid inadequate attention to how racial valuation influences what actors prioritize or deem worthwhile. Today, racial valuation of diseases informs the stark global health inequities seen worldwide. As a concept, racial valuation refers to how racialized societies assign differing values to an individual or group based on their racial... |
2021 |
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| Ashley Simonsen, Andrew Soukup, David A. Stein, Matthew Q. Verdin, Stefan Caris Love |
RECENT DEVELOPMENTS IN VALID-WHEN-MADE AND TRUE LENDER LITIGATION |
76 Business Lawyer 645 (Spring, 2021) |
National banks and federal savings associations have the power under section 85 of the National Bank Act (NBA) and section 4(g) of the Home Owners' Loan Act (HOLA), respectively, to make loans at the rate of interest allowed by the laws of their home states, without regard to other state law interest rate limitations, such as usury laws.... |
2021 |
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| Terina Kamailelauli'i Fa'agau |
RECLAIMING THE PAST FOR MAUNA A WKEA'S FUTURE: THE BATTLE OVER COLLECTIVE MEMORY AND HAWAI'I'S MOST SACRED MOUNTAIN |
22 Asian-Pacific Law and Policy Journal 1 (May 15, 2021) |
I. Understanding the Relationship Between Past, Present, and Future. 2 II. Collective Memory's Essential Role in Shaping Narratives of Justice for Knaka Maoli. 7 A. Understanding Collective Memory. 9 B. Collective Memory's Power and Potential for Justice Struggles in Hawai'i. 11 III. Ka Piko Kaulana o Ka 'ina: The Famous Summit of the Land. 16 A.... |
2021 |
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| Larry R. Daves |
RECONCILING OUR PAST |
50-OCT Colorado Lawyer 6 (October, 2021) |
On September 29, 2020, H.R. 8420 was introduced in Congress to establish the Truth and Healing Commission on Indian Boarding School Policy in the United States. The Act does not call for reparations for Native Americans, but it should. Perhaps the strongest argument for restitution derives from the formal US policy of child separation that was in... |
2021 |
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| Riyaz Kanji, David Giampetroni, Philip Tinker |
REFLECTIONS ON MCGIRT v. OKLAHOMA: A CASE TEAM PERSPECTIVE |
56 Tulsa Law Review 387 (Spring, 2021) |
I. Introduction. 387 II. Laying the Groundwork. 388 III. Nebraska v. Parker. 389 IV. The Tenth Circuit. 390 A. Threading the Needle. 390 B. Supplementing the Record. 392 B. En Banc Review. 394 V Round One at the Supreme Court: Murphy. 395 A. Merits Briefing. 395 B. Supplemental Briefing. 398 VI. Round Two at the Supreme Court: McGirt. 398 VII.... |
2021 |
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