| Author | Title | Citation | Summary | Year | Key Terms |
| Adam J. Levitin |
RENT-A-BANK: BANK PARTNERSHIPS AND THE EVASION OF USURY LAWS |
71 Duke Law Journal 329 (November, 2021) |
Rent-a-bank arrangements are the vehicle of choice for subprime lenders seeking to avoid state consumer protection laws. In a rent-a-bank arrangement, a nonbank lender contracts with a bank to make loans per its specifications and then buys the loans from the bank. The nonbank lender then claims to shelter in the bank's federal statutory... |
2021 |
|
| David M. Forman |
REOCCURRING CULTURAL INSENSITIVITY: CONFRONTING THE ABDICATION OF CORE JUDICIAL FUNCTIONS |
43 University of Hawaii Law Review 341 (Summer, 2021) |
ROAD MAP. 347 I. AGENCY INTERPRETATIONS OF THEIR OWN ADMINISTRATIVE REGULATIONS ARE NOT ENTITLED TO DEFERENCE UNDER PASH. 351 II. REVISITING THE PASH GUIDELINES: ELEMENTS OF HAWAI'I'S CUSTOM DOCTRINE AND OTHER BADLY NEEDED JUDICIAL GUIDANCE. 356 A. PASH footnote 43. 356 B. PASH footnotes 23 and 25. 357 C. PASH footnote 26. 359 D. PASH footnote... |
2021 |
|
| Kirsten Matoy Carlson |
RETHINKING LEGISLATIVE ADVOCACY |
80 Maryland Law Review 960 (2021) |
In an age of statutes, legislative advocates influence the substantive content of almost every law. Yet scholars know very little about the role that advocates play in shaping statutory law because the study of legislative advocacy has been left to political scientists, who focus on the political rather than the legal aspects of legislative... |
2021 |
|
| Stephanie Hall Barclay , Michalyn Steele |
RETHINKING PROTECTIONS FOR INDIGENOUS SACRED SITES |
134 Harvard Law Review 1294 (February, 2021) |
Introduction. 1296 I. The History of Government Callousness and Coercion Regarding Indigenous Sacred Sites. 1303 A. The Significance of Sacred Sites to Indigenous Peoples. 1304 B. Government Disregard of Indigenous Religious Practices and Divestiture of Sacred Sites. 1307 C. Potentially Applicable Tools for Indigenous Sacred Sites. 1317 II.... |
2021 |
|
| Maria Conversa |
RIGHTING THE WRONGS OF NATIVE AMERICAN REMOVAL AND ADVOCATING FOR TRIBAL RECOGNITION: A BINDING PROMISE, THE TRAIL OF TEARS, AND THE PHILOSOPHY OF RESTORATIVE JUSTICE |
54 UIC Law Review 933 (Winter 2021) |
I. Introduction. 934 II. Background. 936 A. Indian Major Crimes Act (MCA): What is Included?. 936 B. Hostility - The Context of the Treaties. 936 1. Creek Occupancy Over Eastern Lands. 937 2. 1832 Treaty with the Creeks. 938 3. Tribal Recognition in the Courts: The Marshall Trilogy. 939 4. Abrading Tribal Authority: Trail of Tears through... |
2021 |
|
| Kristin Peer , Stacy Gillespie |
SAFEGUARDING WATER QUALITY IN FEDERAL LICENSING DECISIONS: CALIFORNIA'S RESPONSE TO RECENT CONSTRAINTS ON CLEAN WATER ACT SECTION 401 CERTIFICATION AUTHORITY |
13 Golden Gate University Environmental Law Journal 1 (Spring, 2021) |
Pursuant to Clean Water Act section 401, state water quality certification authority to regulate federally-licensed energy projects has been relatively well settled for decades. Long-standing precedents from the U.S. Supreme Court, other federal courts, the U.S. Environmental Protection Agency (U.S. EPA), and implementation of certification... |
2021 |
|
| Sarah A. Husk |
SCATTERED TO THE WINDS?: STRENGTHENING THE NATIONAL HISTORIC PRESERVATION ACT'S TRIBAL CONSULTATION MANDATE TO PROTECT NATIVE AMERICAN SACRED SITES IN THE RENEWABLE ENERGY DEVELOPMENT ERA |
34 Tulane Environmental Law Journal 273 (Summer, 2021) |
As renewable energy development, and particularly wind energy development, ascends to prominence in the United States' national energy agenda, significant attention has been paid to developing these resources on and adjacent to lands currently or ancestrally occupied by Native American Indian tribes. While many tribes have demonstrated eagerness to... |
2021 |
|
| Megan Mallonee |
SELECTIVE JUSTICE: A CRISIS OF MISSING AND MURDERED ALASKA NATIVE WOMEN |
38 Alaska Law Review 93 (June, 2021) |
Across the country, Indigenous women are murdered more than any other population and go missing at disproportionate rates. This crisis of missing and murdered Indigenous women is amplified in Alaska, where the vast landscape, a confusing jurisdictional scheme, and a history of systemic racism all create significant barriers to justice for Alaska... |
2021 |
|
| Priya Baskaran |
SERVICE, SCHOLARSHIP, AND RADICAL CITATION PRACTICE |
73 Rutgers University Law Review 891 (Spring, 2021) |
C1-3Table of Contents I. Introduction. 891 II. Invisible and Unrewarded Service Burdens. 895 A. PoC Lunches--Creating Counter Space. 896 B. Informal Mentoring of Students. 898 III. Scholarship Promotion & Critical Legal Research. 902 A. Time is NOT on Your Side. 902 B. The Legal Scholarship Hegemony. 903 C. The Politics of Citation. 905 D. A Path... |
2021 |
|
| Jesse D.H. Snyder |
STARE DECISIS IS FOR PIRATES |
73 Oklahoma Law Review 245 (Winter, 2021) |
The legal podcast Strict Scrutiny has adopted, and is merchandising, the catchy phrase, Stare decisis is for suckers. Doubtless the phrase is a rally cry for a podcast whose platform is unvarnished, respectfully irreverent takes on the U.S. Supreme Court. But before purchasing the hat or hoodie with the phrase emblazoned, it is worth asking to... |
2021 |
|
| Kaylee Snyder |
STATE v. NOBLES: CHANCE TO SETTLE NEEDLESS JURISDICTIONAL TURBULENCE |
45 American Indian Law Review 361 (2021) |
Under the Major Crimes Act (MCA), federal courts have exclusive jurisdiction over several enumerated criminal offenses that occur in Indian Country and are committed by Indians. When an individual is an enrolled member of a federally recognized tribe, Indian status is easily established and federal courts hold the authority to prosecute. A... |
2021 |
|
| Dana Lloyd, Assistant Professor of Global Interdisciplinary Studies, Villanova University |
STORYTELLING AND THE HIGH COUNTRY: READING LYNG v. NORTHWEST INDIAN CEMETERY PROTECTIVE ASSOCIATION (1988) |
36 Journal of Law and Religion 181 (August, 2021) |
In Lyng v. Northwest Indian Cemetery Protective Association, 485 U.S. 439 (1988), the Supreme Court declared constitutional the Forest Service's development plan in an area of the Six Rivers National Forest (known as the High Country) that is central to the religious practice of the Yurok, Karuk, and Tolowa Nations. The Court admitted that [i]t is... |
2021 |
|
| James Pollack , Frank Sturges |
STRUGGLING TO FIND A RAPANOS NEXUS: MAUI AND THE EXPANSION OF CLEAN WATER ACT REGULATION |
48 Ecology Law Quarterly 49 (2021) |
The Supreme Court has long struggled to define the scope of federal jurisdiction over pollution control under the Clean Water Act (CWA). During the Court's last term, that issue returned to the forefront in County of Maui, Hawaii v. Hawaii Wildlife Fund. The case involved pollution from a wastewater treatment facility that reached the Pacific Ocean... |
2021 |
|
| Matthew B. Lawrence |
SUBORDINATION AND SEPARATION OF POWERS |
131 Yale Law Journal 78 (October, 2021) |
This Article calls for the incorporation of antisubordination into separation-of-powers analysis. Scholars analyzing separation-of-powers tools-- laws and norms that divide power among government actors--consider a long list of values ranging from protecting liberty to promoting efficiency. Absent from this list are questions of equity:... |
2021 |
|
| Heather J. Tanana, John C. Ruple |
SYNCHING SCIENCE AND POLICY TO ADDRESS CLIMATE CHANGE IN TRIBAL COMMUNITIES |
36-FALL Natural Resources & Environment 37 (Fall, 2021) |
Climate change is a global environmental problem, and within the United States, the adverse impacts of our changing climate are falling disproportionately on minority and low-income communities. Native Americans and tribal communities are being impacted in unique ways because of their long and deep ties to landscapes that are subject to rapid... |
2021 |
|
| Ruqaiijah Yearby , Seema Mohapatra |
SYSTEMIC RACISM, THE GOVERNMENT'S PANDEMIC RESPONSE, AND RACIAL INEQUITIES IN COVID-19 |
70 Emory Law Journal 1419 (2021) |
During the COVID-19 pandemic, federal and state governments have disregarded racial and ethnic minorities' unequal access to employment and health care, which has resulted in racial inequities in infections and deaths. In addition, they have enacted laws that further exacerbate these inequities. Consequently, many racial and ethnic minorities are... |
2021 |
|
| Andrew Hammond |
TERRITORIAL EXCEPTIONALISM AND THE AMERICAN WELFARE STATE |
119 Michigan Law Review 1639 (June, 2021) |
Federal law excludes millions of American citizens from crucial public benefits simply because they live in the United States territories. If the Social Security Administration determines a low-income individual has a disability, that person can move to another state and continue to receive benefits. But if that person moves to, say, Guam or the... |
2021 |
|
| Jeff Todd |
THE (DE)MYSTIFICATION OF ENVIRONMENTAL INJUSTICE: A DRAMATISTIC ANALYSIS OF LAW |
93 Temple Law Review 597 (Spring, 2021) |
Although Kenneth Burke is the preeminent rhetorician of the modern era, and his theories have been applied to issues of social change and the environment (including by legal scholars), the role of justice and law in his critical method of dramatism have received only passing treatment. This Article is therefore the first in any discipline to... |
2021 |
|
| William Wood |
THE (POTENTIAL) LEGAL HISTORY OF INDIAN GAMING |
63 Arizona Law Review 969 (Winter 2021) |
Indian gaming--casinos owned, operated, and regulated by Indian tribes--has been a transformative force for many Indigenous nations over the past few decades. The conventional narrative is that Indian gaming began when the Seminole Tribe of Florida opened a bingo hall in 1979, other tribes began operating bingo, litigation ensued across the... |
2021 |
|
| Matthew Doyle , University of Sussex |
THE CASE OF PIRUANI: CONTESTED JUSTICE, LEGAL PLURALISM, AND INDIGENEITY IN HIGHLAND BOLIVIA |
44 PoLAR: Political and Legal Anthropology Review 60 (May, 2021) |
The 2009 Bolivian constitution included provisions that establish a radical form of de jure legal pluralism by creating a parallel legal system that gives full recognition to the nonstate legal orders and forms of conflict resolution of Indigenous communities. This article examines how a land dispute within a Bolivian highland Indigenous community... |
2021 |
|
| The Honorable Bradley Letts, Senior Resident Superior Court Judge |
THE CHEROKEE TRIBAL COURT: ITS ORIGINS AND ITS PLACE IN THE AMERICAN JUDICIAL SYSTEM |
43 Campbell Law Review 47 (Winter, 2021) |
I. Introduction. 48 II. The Cherokee Court. 49 A. The Cherokee Court Established in 1820. 49 B. Courts of Indian Offenses in Indian Country. 51 C. The Establishment of the CFR Court in Cherokee. 55 D. The Reestablishment of the Cherokee Tribal Court. 58 III. Tribal Court Exhaustion. 61 A. The Doctrine of Tribal Court Exhaustion. 61 B. The Cherokee... |
2021 |
|
| Samantha J. Merrill |
THE CHRONIC EFFECT OF "KILL THE INDIAN SAVE THE MAN": AN ANALYSIS OF DREAMING BEAR v. FLEMING |
66 South Dakota Law Review 361 (2021) |
The District Court of South Dakota has found that the wearing of cultural regalia is a protected First Amendment Expression, but that such an expression can be prohibited at a graduation ceremony based on the pedagogical interests of a public high school. The District Court found, in the case of Dreaming Bear v. Fleming, the Dataphase factors did... |
2021 |
|
| Madhu Narasimhan |
THE CONFLICT OF LAWS IN INDIA: INTER-TERRITORIAL AND INTER-PERSONAL CONFLICT. SECOND EDITION. BY V.C. GOVINDARAJ. NEW DELHI, INDIA: OXFORD UNIVERSITY PRESS, 2019. PP. VIII, 436. $65.00 (HARDCOVER) |
53 New York University Journal of International Law & Politics 1098 (Summer, 2021) |
In his sweeping treatise, The Conflict of Laws in India: Inter-Territorial and Inter-Personal Conflict, V.C. Govindaraj lays out the approaches of the Indian courts and legislature to issues in the field of conflict of laws. Govindaraj notes that he chose to publish a second edition--the first edition of the book was released in September 2011--due... |
2021 |
|
| Emily Hudson |
THE CONSTITUTIONALITY OF THE INDIAN CHILD WELFARE ACT |
47 Ohio Northern University Law Review 359 (2021) |
The Indian Child Welfare Act (ICWA) was passed in 1978 as a response to the disproportionate removal of Indian children from their homes compared to non-Indian children. It was found that this was disproportionality in part because judges and child welfare workers did not understand Indian culture-which led to prejudicial attitudes and the higher... |
2021 |
|
| William Hall, Saikrishna Bangalore Prakash |
THE CONSTITUTION'S FIRST DECLARED WAR: THE NORTHWESTERN CONFEDERACY WAR OF 1790-95 |
107 Virginia Law Review 119 (March, 2021) |
What counts as the first presidential war--the practice of Presidents waging war without prior congressional sanction? In the wake of President Donald Trump's attacks on Syria, the Office of Legal Counsel opined that unilateral presidential war-making dates back 230 years, to George Washington. The Office claimed that the first President waged war... |
2021 |
|
| James L. Crawford |
THE CONTINUED PERSECUTION OF THE KURDISH PEOPLE IN TURKEY |
45 American Indian Law Review 327 (2021) |
Kurds have no friends but the mountains. --Kurdish Proverb On September 13, 2007, the General Assembly adopted the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) by an overwhelming majority. The UNDRIP was a product of over two decades of negotiations. In response to the Assembly's adoption of the UNDRIP, Les Malezer, a... |
2021 |
|
| Charles J. Russo, M.Div., J.D., Ed.D. , William E. Thro, M.A., J.D. |
THE DEMISE OF THE BLAINE AMENDMENT AND A TRIUMPH FOR RELIGIOUS FREEDOM AND SCHOOL CHOICE: ESPINOZA v. MONTANA DEPARTMENT OF REVENUE |
46 University of Dayton Law Review 131 (Spring, 2021) |
I. Introduction. 132 II. A Brief Overview of the Supreme Court's Jurisprudence on State Aid to Faith-Based Schools and Their Students Prior to Espinoza. 133 A. Generally. 133 B. The Emergence of the Child Benefit Test. 134 C. The Nadir of The Child Benefit Test. 135 D. Rejuvenation of the Child Benefit Test. 136 III. Tuition Tax Credits. 141 A.... |
2021 |
|
| Andie B. Netherland |
THE DISPROPORTIONATE EFFECT ON NATIVE AMERICAN WOMEN OF EXTENDING THE FEDERAL INVOLUNTARY MANSLAUGHTER ACT TO INCLUDE A WOMAN'S CONDUCT AGAINST HER CHILD IN UTERO: UNITED STATES v. FLUTE |
45 American Indian Law Review 191 (2021) |
I raise up my voice--not so that I can shout, but so that those without a voice can be heard .. We cannot all succeed when half of us are held back. --Malala Yousafzai Samantha Flute, a Native American woman, was charged with committing involuntary manslaughter against her newborn baby boy after it was revealed that she took over-the-counter and... |
2021 |
|
| Michael Coenen , Scott M. Sullivan |
THE ELUSIVE ZONE OF TWILIGHT |
62 Boston College Law Review 741 (March, 2021) |
Introduction. 743 I. The Twilight Zone's Emergence. 748 A. The Origins of Justice Jackson's Concurrence. 748 B. Post-Youngstown Guidance. 753 1. Dames & Moore v. Regan. 754 2. American Insurance Association v. Garamendi. 756 3. Medellín v. Texas. 758 II. Twilight-Zone Engagement. 760 A. Silence as Authorization. 762 B. Silence as Acquiescence. 765... |
2021 |
|
| Eric L. Jensen , Aaron Stancik |
THE EMERGING CANNABIS INDUSTRY AMONG NATIVE AMERICAN TRIBES: JURISDICTIONAL COMPLEXITIES AND POLICY IN WASHINGTON STATE |
57 Idaho Law Review 325 (2021) |
The pace of changes in state-level cannabis policies in the United States has accelerated since the mid-1990s. While many states have decriminalized the possession of small amounts of cannabis and have allowed cannabis to be used for various medicinal purposes, the most recent landmark change has been the legalization of recreational cannabis.... |
2021 |
|
| Eunice Lee |
THE END OF ENTRY FICTION |
99 North Carolina Law Review 565 (March, 2021) |
Although entry fiction emerged in immigration and constitutional law over a century ago, the doctrine has yet to account for present-day carceral and technological realities. Under entry fiction, arriving immigrants stopped at the border are deemed unentered and not here for constitutional due process purposes, even in detention centers... |
2021 |
|
| Benjamen Franklen Gussen , Sahar Araghi |
The Engineers Case Centenary: SCOTUS and the Origins of Australia's Scabrous Constitutional Signature |
10 British Journal of American Legal Studies 27 (Spring, 2021) |
Since the Engineers Case decision in 1920, the role of the United States Constitution in interpreting the Australian Constitution has been diminished, leading to inefficiencies in High Court of Australia (HCA) dealing with constitutional issues. To explain this thesis, the article looks at the 7,657 cases decided by the HCA, from the first case in... |
2021 |
|
| Emily Bergeron |
THE ENVIRONMENT IN THE NEXT FOUR YEARS |
46 Human Rights 22 (2021) |
In the next four years, we must not only bring back eliminated rules, but enact better laws; create a more concrete climate response; enact more specific environmental justice legislation; and consider the broader implications of environmental law on indigenous populations. In 1995, after a 70-year absence, biologists reintroduced wolves into... |
2021 |
|
| Carl H. Esbeck |
THE ESTABLISHMENT CLAUSE: ITS ORIGINAL PUBLIC MEANING AND WHAT WE CAN LEARN FROM THE PLAIN TEXT |
22 Federalist Society Review 26 (February 3, 2021) |
Note from the Editor: The Federalist Society takes no positions on particular legal and public policy matters. Any expressions of opinion are those of the author. Whenever we publish an article that advocates for a particular position, we offer links to other perspectives on the issue, including ones opposed to the position taken in the article. We... |
2021 |
|
| Mary Margaret L. Kirchner |
THE EXECUTION OF LEZMOND MITCHELL: AN ANALYSIS OF FEDERAL INDIAN LAW, CRIMINAL JURISDICTION, AND THE DEATH PENALTY AS APPLIED TO NATIVE AMERICANS |
25 Lewis & Clark Law Review 649 (2021) |
Capital punishment is controversial in American society. It is the junction where moral standards and punishment for the most severe crimes crash together head on. As society has evolved, so have the expectations, requirements, and norms for capital punishment. In the history of the United States, capital punishment, commonly referred to as the... |
2021 |
|
| Joel West Williams |
THE FAR END OF THE TRAIL OF TEARS: MCGIRT v. OKLAHOMA |
68-FEB Federal Lawyer 12 (January/February, 2021) |
It has always been part of the Oklahoma creation myth that Indian reservations are fundamentally incompatible with Oklahoma statehood. The state's narrative--and sometimes that of federal officials--has been that Indian reservations were disestablished to pave the way for Oklahoma's admission to the Union. The U.S. Supreme Court's recent decision... |
2021 |
|
| David M. Golove , Daniel J. Hulsebosch |
THE FEDERALIST CONSTITUTION AS A PROJECT IN INTERNATIONAL LAW |
89 Fordham Law Review 1841 (April, 2021) |
The simple circumstance, that your Constitution forces international law on you, as an integral part of your studies . is, in my opinion, an advantage far beyond that of our superior accuracy (if we have it) in our own common law, acquired by the comparatively narrow range of our studies. --Sir John Taylor Coleridge to Joseph Story When early... |
2021 |
|
| Alejandro J. Anselmi González |
THE FLAG CAN TRAVEL BUT THE CONSTITUTION MUST ASK PERMISSION: HOW THE FIRST CIRCUIT AND THE DISTRICT FOR PUERTO RICO COMMIT TO EQUAL PROTECTION WITHOUT ABANDONING THE INSULAR CASES DOCTRINE |
53 University of Miami Inter-American Law Review 87 (Winter/Spring, 2021) |
For American citizens, one of the most important safeguards guaranteed by the Constitution of the United States is the equal protection of the law. The United States prides itself on the doctrine and jurisprudence of equal protection because of the social progression achieved since the end of the Civil War. The Reconstruction Amendments to the... |
2021 |
|
| Alana K. Bevan |
THE FUNDAMENTAL INADEQUACY OF TRIBE-AGENCY CONSULTATION ON MAJOR FEDERAL INFRASTRUCTURE PROJECTS |
6 University of Pennsylvania Journal of Law & Public Affairs 561 (March, 2021) |
Introduction. 562 I. Consultation: The Status Quo for Tribe-Agency Engagement on Major Infrastructure Projects. 565 A. The National Historic Preservation Act. 565 B. National Environmental Policy Act. 569 C. Executive Directives. 570 1. Executive order 13,175. 571 2. Presidential memoranda on tribal consultation. 571 3. Increased presidential... |
2021 |
|
| Vivien Olsen |
THE INDIAN CHILD WELFARE ACT: HISTORY, REFLECTIONS, AND BEST PRACTICES |
90-OCT Journal of the Kansas Bar Association 40 (September/October, 2021) |
The Indian Child Welfare Act (ICWA or the Act), found at 25 U.S.C. § 1901 et seq., is not discretionary. Kansas law requires the ICWA be applied in child welfare cases that involve an Indian child. K.S.A. 38-2203(a) provides: Proceedings concerning any child who may be a child in need of care shall be governed by this code, except in those... |
2021 |
|
| Zinaida Miller |
THE INJUSTICES OF TIME: RIGHTS, RACE, REDISTRIBUTION, AND RESPONSIBILITY |
52 Columbia Human Rights Law Review 647 (Winter, 2021) |
Resurgent debates in U.S. law and politics over reparations and racialized inequality reflect what this Article argues is a significant transnational legal phenomenon: courts, policymakers, and social justice advocates mobilizing pasts of racial and ethnic violence and dispossession to justify competing rules for the distribution of resources and... |
2021 |
|
| Roger Merino |
THE LAND OF NATIONS: INDIGENOUS STRUGGLES FOR PROPERTY AND TERRITORY IN INTERNATIONAL LAW |
115 AJIL Unbound 129 (2021) |
Key studies have highlighted how Western law was central to the civilizing mission of colonialism, legitimizing conquest while presenting itself as a colonizer's gift for overcoming barbarism. But law was not just an imposition to dispossess resources and accumulate labor; it was also transformed by the contestations of First Nations and the new... |
2021 |
|
| Rebecca Hollander-Blumoff , Matthew T. Bodie |
THE MARKET AS NEGOTIATION |
96 Notre Dame Law Review 1257 (January, 2021) |
Our economic system counts on markets to allocate most of our societal resources. The law often treats markets as discrete entities, with a native intelligence and structure that provides clear answers to questions about prices and terms. In reality, of course, markets are much messier--they are agglomerations of negotiations by individual parties.... |
2021 |
|
| Keaton Barnes |
THE NATIONAL POPULAR VOTE ON TRIAL |
74 Arkansas Law Review 495 (2021) |
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That... |
2021 |
|
| Patty A. Ferguson-Bohnee , Lauren van Schilfgaarde |
THE NEXT FOUR YEARS FOR INDIAN COUNTRY NEED HUMAN RIGHTS |
46 Human Rights 16 (2021) |
The next four years offer an exciting opportunity to transition federal Indian policy to a human rights framework. The ongoing problems faced by Native peoples can be traced to systemic policies that undermine their basic human rights. Although efforts have been made to change policy, more must be done. The Trump administration notably lacked any... |
2021 |
|
| Elizabeth A. Reese |
THE OTHER AMERICAN LAW |
73 Stanford Law Review 555 (March, 2021) |
American legal scholarship focuses almost exclusively on federal, state, and local law. However, there are 574 federally recognized tribal governments within the United States, whose laws are largely ignored. This Article brings to the fore the exclusion of tribal governments and their laws from our mainstream conception of American law... |
2021 |
|
| Ambassador Jonodev Chaudhuri |
THE PAST MAY BE PROLOGUE, BUT IT DOES NOT DICTATE OUR FUTURE: THIS IS THE MUSCOGEE (CREEK) NATION'S TABLE |
56 Tulsa Law Review 369 (Spring, 2021) |
I. Introduction. 369 II. Muscogee (Creek) Nation's Ambassador, Chitto Harjo, Paved the Way for Our Victory in McGirt. 371 III. The Muscogee (Creek) Nation Reservation Remains Today. 373 IV. McGirt Under Attack: the Parallels to the Fights Ambassador Chitto Harjo Fought. 376 A. Private Business Interests, Then and Now. 376 B. Oklahoma Officials,... |
2021 |
|
| Aman K. Gebru |
THE PIRACY PARADOX AND INDIGENOUS FASHION |
39 Cardozo Arts and Entertainment Law Journal 607 (2021) |
The conventional justification of intellectual property laws is that recognizing exclusive rights is indispensable for encouraging creativity. The Piracy Paradox challenged this assumption by providing strong evidence of the fashion industry's robust creativity in the face of widespread copying of designs, thereby suggesting that some types of... |
2021 |
|
| Olivia Miller |
THE POST-CARCIERI STRUGGLE FOR TRIBAL LAND AND THE CASE OF THE MASHPEE WAMPANOAG |
73 Administrative Law Review 451 (Spring, 2021) |
Introduction. 452 I. The Ambiguous Process of Tribal Recognition and Placing Tribal Land into Federal Trust Under the IRA and Carcieri. 457 A. Judicial Interpretation of Now in the IRA. 458 B. Judicial Interpretation of Recognized Indian Tribe and Under Federal Jurisdiction in the IRA. 460 C. DOI Guidance for the IRA. 461 II. The DOI's... |
2021 |
|
| Ann M. Eisenberg, Elizabeth Kronk Warner |
THE PRECIPICE OF JUSTICE: EQUITY, ENERGY, AND THE ENVIRONMENT IN INDIAN COUNTRY AND RURAL COMMUNITIES |
42 Energy Law Journal 281 (2021) |
Editor's Note: As the authors mention at footnote 1, the ideas presented in their essay were first shared during a panel presentation in February of this year at the at the University of Florida Levin College of Law's annual Public Interest Environmental Conference. We and the authors have described their piece as an essay and not an article... |
2021 |
|