AuthorTitleCitationSummaryYearKey Terms
Seth Davis NONDELEGATION AND NATIVE NATIONS 56 Connecticut Law Review 1069 (May, 2024) There is no nondelegation doctrine for Native nations, nor should there be one even if the Supreme Court revives the nondelegation doctrine for federal agencies and private parties. The Court has never struck down a statute on the ground that it delegated legislative power to a Native nation. Instead, it has held that Congress may recognize the... 2024  
Ted Shepherd NOT "INDIAN" ENOUGH: FREEDMEN, JURISDICTION, AND EQUAL PROTECTION 2024 Pepperdine Law Review 43 (2024) Beginning in the 17th century, many American Indians owned enslaved African workers. They stopped only at the end of the Civil War, when several Tribal Nations signed treaties with the federal government requiring them to emancipate their enslaved workers. The treaties also required the Nations to enroll these Freedmen and their descendants as... 2024  
Samantha Bingaman NOTHING AT STAKE BUT LIFE'S ESSENTIALS: HOW SOLE RELIANCE ON NEW TEXTUALISM ENDANGERS CLEAN WATER, ENVIRONMENTAL JUSTICE COMMUNITIES, AND ENVIRONMENTAL LAW (AND A JUDICIAL FRAMEWORK TO FIX IT) 83 Maryland Law Review 1313 (2024) You throw a stone into a deep pond. Splash. The sound is big, and it reverberates throughout the surrounding area. What comes out of the pond after that? All we can do is stare at the pond, holding our breath. -Haruki Murakami Water is life, as the old saying goes. We drink, we wash, we play, we swim, we travel, and we grow with water, among... 2024  
Katherine Mims Crocker NOT-SO-SPECIAL SOLICITUDE 109 Minnesota Law Review 815 (December, 2024) In a high-profile 2023 case about state standing to sue in federal court, Justice Gorsuch deemed it hard not to wonder why the majority said nothing about special solicitude.D The silence was indeed surprising, for in a landmark decision several years earlier, the Supreme Court had declared that states were entitled to special... 2024  
Camryn A. Conroy OKLAHOMA v. CASTRO-HUERTA: OKLAHOMA'S LATEST POWER GRAB AND ITS IMPLICATIONS FOR NATIVE WOMEN IN A POST-ROE WORLD 48 American Indian Law Review 71 (2023-2024) Victor Manuel Castro-Huerta, a non-Indian man living in Tulsa, Oklahoma, was charged with criminal child neglect of his Cherokee Indian stepdaughter after she was found to be extremely sick and in deteriorating condition while under his care. While Castro-Huerta's appeal was pending in state court, the United States Supreme Court decided McGirt v.... 2024  
Steve Titla , Alex Ritchie , Lloyd Miller ON BECERRA v. SAN CARLOS APACHE TRIBE 61-SEP Arizona Attorney 12 (September, 2024) On June 6, 2024, in Becerra v. San Carlos Apache Tribe, the Supreme Court held in favor of the San Carlos Apache Tribe and the Northern Arapaho Tribe of Wyoming in a dispute over recovery of their unreimbursed overhead costs from the Indian Health Service (IHS). The Court ruled 5 to 4. The Court decided the case on construing the contract terms... 2024  
Douglas P. Thompson, Jason Decker, Torivio A. Fodder, Gavin M. Ratcliffe, Michael J. Dockry, Ben Benoit, Christopher Murray OPPORTUNITIES FOR RECONCILIATION: THE LEGAL HISTORY OF THE LEECH LAKE INDIAN RESERVATION AND THE CHIPPEWA NATIONAL FOREST 50 Mitchell Hamline Law Review 726 (December, 2024) I. The Early Years. 728 II. The History of Federal Indian Law and the Destruction of Tribal Institutions. 732 A. Three Pillars of Modern Federal Indian Law. 733 1. The Doctrine of Discovery. 733 2. The Trust Doctrine. 734 3. Congressional Plenary Power over Indian Affairs. 735 B. Modern Federal Indian Law: The Marshall Court Legacy. 736 1. The... 2024  
Robert S. Chang OUR CONSTITUTION HAS NEVER BEEN COLORBLIND 54 Seton Hall Law Review 1307 (2024) This Article takes a contrarian approach to the first Justice Harlan's famous phrase from his dissent in Plessy v. Ferguson, [o]ur Constitution is color-blind, to argue not only that the Constitution has never been colorblind, but also that racial realism counsels against falling for the siren call of constitutional colorblindness. This Article... 2024  
Christopher A. Wellborn , Christopher Wellborn PA, Rock Hill, South Carolina, 803-366-1065, Email cawlaw@comporium.net, Website www.wellbornlawfirm.com OUR ORIGINAL AND REOCCURRING SIN 48-DEC Champion 5 (November/December, 202) December 26, 1862, was by all accounts a bitterly cold day in Mankato, Minnesota. That particular place on that particular day might not have been noteworthy except that at precisely 10:00 a.m., watched by an estimated 4,000 spectators, the U.S. government hanged 38 Santee Dakota Indians on a scaffold specially constructed for this execution. This... 2024  
Mia Montoya Hammersley , Vanessa Racehorse , Heather Tanana , Nadine Padilla , Gerald Torres PANEL THREE: TEACHING AT THE INTERSECTION OF FEDERAL INDIAN LAW AND ENVIRONMENTAL LAW COURSES 49 Vermont Law Review 202 (Winter 2024) A discussion of the important role of Federal Indian Law in the practice of environmental and natural resources law and guidance on incorporating this intersection into traditional environmental law courses and curricula. Introduction. 203 I. Federal Indian Law in the Classroom. 206 II. Languaging and Terminology. 209 III. Tribal Self-Determination... 2024  
Adam Crepelle , Timothy Purdon , Brendan Johnson PASSING THE BUCK: THE PERILS OF OKLAHOMA v. CASTRO-HUERTA 101 Denver Law Review 261 (Winter, 2024) The Supreme Court's 2022 decision in Oklahoma v. Castro-Huerta upended federal Indian law by allowing states to prosecute crimes involving Indians committed in Indian country. Castro-Huerta created a concurrent jurisdiction over Indian country crimes involving non-Indians. While concurrent jurisdiction increases the number of law enforcement agents... 2024  
Robin Willscheidt POKING A SLEEPING BEAR: CULTURAL LANDSCAPES IN THE 1906 ANTIQUITIES ACT 97 Southern California Law Review 1119 (April, 2024) The American Antiquities Act of 1906 permits a president to designate objects of historic and scientific interest--and the federal lands associated with them--as national monuments. The Act is foundational cultural heritage preservation legislation and has been used by presidents for over a century to protect everything from burial grounds to... 2024  
Aryeh J. Price POST-TERRESTRIAL INDIAN GAMING 14 UNLV Gaming Law Journal 201 (Spring, 2024) Remember the sky that you were born under, know each of the star's stories. Remember the moon, know who she is. --Joy Harjo U.S. Federal Indian Law is built upon presumptions that tribal SOVEREIGN power derives from land claims. But as the digital economy grows, land-based constraints on tribal authority effectively punish tribes who attempt to... 2024 Yes
Cameron James Cerf PRECAUTIONARY PRINCIPLE MEETS THE PROTEIN PROBLEM: HOW AQUACULTURE'S REGULATORY UNCERTAINTY UNDERMINES THE GULF SOUTH'S FOOD SOVEREIGNTY AND OTHER ENVIRONMENTAL GOALS 37 Tulane Environmental Law Journal 47 (Winter, 2024) I. Introduction. 47 II. Background. 49 A. Louisiana Shrimp. 49 B. Global Shrimp. 53 III. The Legal and Political Landscape of Aquaculture. 54 A. The Precautionary Principle. 54 B. Recent Actions. 56 IV. Futures. 59 A. The Protein Problem. 59 B. SOVEREIGNty Through Species Integration. 61 C. Integrated Multi-Trophic Aquaculture. 62 V. Conclusion. 65 2024 Yes
Elenore Wade PREDATORY DECARCERATION 74 Duke Law Journal Online 29 (November, 2024) This Essay critiques the bipartisan criminal legal system reforms that have emerged over the past several years. These reforms result in predatory decarceration that exacerbates the precarious conditions of returning prisoners and supervisees--as well their communities--and distributes the benefits of reform upward. Taking an abolitionist... 2024  
Troy A. Rule PRESERVING SACRED SITES AND PROPERTY LAW 2024 Wisconsin Law Review 129 (2024) Should courts have the power to order the federal government to give land rights to particular groups based solely on their religious beliefs? Calls for legal rules requiring such effectual transfers have grown in recent years as Americans have started to confront the country's history of mistreatment of Native nations and other disadvantaged... 2024  
  PROCEDURAL MEANS OF ENFORCEMENT UNDER 42 U.S.C. § 1983 53 Georgetown Law Journal Annual Review of Criminal Procedure 1275 (2024) Scope of Section 1983. Under 42 U.S.C. Section 1983, a prisoner may seek redress against state and local (but not federal) officials when a person acting under color of state law deprives the prisoner of rights guaranteed by the Constitution or federal laws. The Court has provided at least three categories of conduct that qualify as under... 2024  
Haley S. Anderson PROCEDURAL SOVEREIGN DISTINCTION 57 Vanderbilt Journal of Transnational Law 469 (March, 2024) US law differentiates between two categories of foreign defendants--SOVEREIGN and private. On one level, whether a foreign entity is SOVEREIGN determines whether they are presumptively entitled to immunity in domestic courts, and this is justified by the nature of SOVEREIGNty as articulated in US and international law. However, different procedural... 2024 Yes
Connor Sakati PROMOTING STRONG ARCTIC GOVERNANCE AND ENSURING AN ASPIRATIONAL MARINE RESOURCES TREATY'S EFFECTIVENESS: THE CASE OF THE AGREEMENT TO PREVENT UNREGULATED HIGH SEAS FISHERIES IN THE CENTRAL ARCTIC OCEAN 14 Journal of National Security Law & Policy 421 (2024) By as early as 2035, the now-frozen Arctic Ocean may become completely ice-free each summer. In winter, sea ice still covers nearly all the Arctic Ocean's 5.4 million square miles of water. But during the warmer summer months, Arctic sea ice quickly recedes. In recent decades, more and more sea ice has melted away each summer. During the summer of... 2024  
Katie Grace Graziano PROPER PARENTS, PROPER RELIEF 99 Notre Dame Law Review 1821 (July, 2024) Indian children belong with Indian parents--or so says the Indian Child Welfare Act (ICWA). ICWA requires certain procedures for carrying out the adoption of an Indian child. Among those procedures is an explicit preference for Indian families over non-Indian families. The hierarchy is so strict that a court must prioritize placing a child with an... 2024  
K-Sue Park PROPERTY AND SOVEREIGNTY IN AMERICA: A HISTORY OF TITLE REGISTRIES & JURISDICTIONAL POWER 133 Yale Law Journal 1487 (March, 2024) This Article tells an untold history of the American title registry, a colonial bureaucratic innovation that, though overlooked and understudied, constitutes one of the most fundamental elements of the U.S. property system today. Prior scholars have focused exclusively on the registry's role in catalyzing property markets, while mostly overlooking... 2024 Yes
Lisabelle Panossian PROTECTING HUMANITY'S CRADLE OF CIVILIZATION: ADVANCING THE RIGHT TO SELF-DETERMINATION FOR INDIGENOUS PEOPLES IN THE MIDDLE EAST & SOUTH CAUCASUS 22 Northwestern Journal of Human Rights 149 (April, 2024) The author dedicates this piece to her great grandmothers, Takouhie Keshishian and Liza Jacob, who survived the 1915 Armenian, Assyrian, and Greek Genocide. During this paper's drafting, an indigenous people's independent government collapsed. For over thirty years, the Republic of Artsakh was a de facto independent region inside the... 2024  
Andrew D. Mitchell , Theodore Samlidis PROTECTING POLICY SPACE FOR INDIGENOUS DATA SOVEREIGNTY UNDER INTERNATIONAL DIGITAL TRADE LAW 55 Georgetown Journal of International Law 565 (Summer, 2024) The impact of economic agreements on Indigenous peoples' broader rights and interests has been subject to ongoing scrutiny. Technological developments and an increasing emphasis on Indigenous SOVEREIGNty within the digital domain have given rise to a global Indigenous data SOVEREIGNty movement, surfacing concerns about how international economic... 2024 Yes
Neoshia R. Roemer PROTECTING THOSE AMONG THE MOST VULNERABLE 71-SPG Federal Lawyer 12 (Spring, 2024) On June 15, 2023, the U.S. Supreme Court affirmed the constitutionality of the Indian Child Welfare Act (ICWA) in a 7-2 decision in Haaland v. Brackeen. Without a doubt, Brackeen was a win for Indian Country because the Supreme Court's rebuke of these challenges demonstrated that ICWA's opponents have an uphill battle in undermining federal Indian... 2024  
John D. Leshy PUBLIC LANDS AND NATIVE AMERICANS: A GUIDE TO CURRENT ISSUES 47 Public Land & Resources Law Review 1 (2024) I. Introduction. 1 II. Dispossession History in Relation to Today's Public Lands. 5 III. Many Native Americans and Non-Native Public Land Protection Advocates Have Strong Common Interests. 9 IV. U.S. Protection of Culturally Important Public Lands. 10 V. The Climate Challenge. 13 VI. Other Complications in Addressing Native Concerns on Public... 2024  
Sarah Van Voorhis PURSUING THE EXEMPTION: THE MAKAH'S WHITE WHALE 14 Washington Journal of Social & Environmental Justice 1 (March, 2024) Whales hold a special place in our hearts. They evoke a sense of awe and majesty in their size and grace. Media commonly features whales as a tool to help audiences connect with a story or character that might otherwise be unrelatable, whether it asks viewers to care about the environment of the far-off planet of Pandora in James Cameron's latest... 2024  
Smita Narula REALIZING THE RIGHT TO FOOD IN MAINE: INSIGHTS FROM INTERNATIONAL LAW 76 Maine Law Review 165 (June, 2024) Abstract Introduction I. Situating the Right to Food Amendment A. Connecting Food Justice and Social Justice B. An Emergent Right to Food Movement in the United States C. Food SOVEREIGNty Movements and Food Freedom Laws II. The Right to Food Under International Human Rights Law A. The Value of Framing Food as a Human Right B. The Normative Content... 2024 Yes
Dylan R. Hedden-Nicely REBALANCING WINTERS: INDIGENOUS WATER RIGHTS AND CLIMATE CHANGE IN THE WESTERN UNITED STATES 48 Harvard Environmental Law Review 489 (2024) C1-2Table of contents Introduction. 490 I. The Historical Development of Western Water Law. 491 II. The Devolution of the Quantification Method for Reserved Irrigation Water Rights for Tribes. 496 A. The Original Understanding of the Winters Doctrine. 496 B. The Balance Struck in Arizona v. California. 508 C. The Contemporary Method for Estimating... 2024  
  RECENT CASE DECISIONS 9 One J: Oil and Gas, Natural Resources, and Energy Journal 467 (March, 2024) C1-2Table of Contents Oil and Gas. 468 Upstream. 468 Midstream. 476 Downstream. 478 Water. 479 Federal. 479 State. 491 Land. 496 Easement. 496 Other Use. 506 Electricity. 524 Renawable Generation. 524 Rate. 526 Technology and Business. 527 Patents / Intellectual Property. 527 Mergers and Acquisitions. 530 Bankruptcy. 531 Corporations. 532... 2024  
Morgan Gray RECLAIMING THE AIRWAVES: AN ANALYSIS OF CLAIMS TO WIRELESS SPECTRUM BY TRIBAL NATIONS BASED ON TREATY OBLIGATIONS AND THE FEDERAL TRUST RESPONSIBILITY 76 Federal Communications Law Journal 295 (January, 2024) C1-2Table of Contents I. Introduction. 297 II. Background. 299 A. Wireless Spectrum Allocation in the United States. 299 B. Federal Trust Responsibility & Treaty Obligations. 301 1. Supreme Court Jurisprudence on the Trust Responsibility. 301 a. Courts on Congress's Obligation to Act Pursuant to the Trust Responsibility. 302 b. Courts Recognize the... 2024  
Timothy M. Mulvaney RECONCEPTUALIZING "BACKGROUND PRINCIPLES" IN TAKINGS LAW 109 Minnesota Law Review 689 (December, 2024) Both libertarians and progressives rejoiced in the result reached by the Supreme Court in the 2023 matter of Tyler v. Hennepin County. This Article asserts that such unified celebration has overshadowed the extent to which the Supreme Court's reasoning calls into question even our most foundational assumptions about the meaning of property and the... 2024  
Frank J. Garcia RECONCEPTUALIZING FOREIGN INVESTMENT AS A RELATIONAL VENTURE 59 Texas International Law Journal 37 (Spring, 2024) YesAbstract: It is easy amidst the controversy swirling today around foreign investment law to lose sight of what in fact we are seeking to regulate. What exactly is a foreign investment? What does it mean to consider foreign investment as a human social activity, and not just a macroeconomic statistic? And, if foreign investment is an important... 2024 Yes
Joseph Berra, S. Priya Morley REIMAGINING RIGHTS IN THE AMERICAS 28 UCLA Journal of International Law and Foreign Affairs 1 (Fall, 2024) C1-2Table of Contents I. Prelude: Site Visit of the IACHR Special Rapporteur on Economic, Social, Cultural and Environmental Rights (REDESCA) on the Rights of the Unhoused, Racialization and Criminalization of Poverty in Los Angeles. 5 II. The Bringing Human Rights Home Symposium: Bridging the Gap Between International and Domestic Frames for Human... 2024  
Sonia Sikka, Professor, Department of Philosophy, University of Ottawa, Canada, ssikka@uottawa.ca RELIGIOUS FREEDOM AND SACRED LANDS 39 Journal of Law and Religion 116 (January, 2024) Taking Ktunaxa Nation v. British Columbia as a focal point, the author argues that the legal framing of Indigenous sacred land claims in terms of religious freedom carries significant costs. It impels courts to bracket consideration of SOVEREIGNty and territorial rights, while positioning Indigenous worldviews as nonrational rather than as dynamic... 2024 Yes
Jessica A. Shoemaker RE-PLACING PROPERTY 91 University of Chicago Law Review 811 (April, 2024) This Article analyzes the complex relationship between property and placemaking. Our most basic property and land tenure choices--including the design of the fee simple itself--shape people-place relations in powerful ways. By unearthing this important relationship between property and placemaking, this Article also reveals how pervasive--but... 2024  
Taylor Graham RESOLVING CONFLICTS BETWEEN TRIBAL AND STATE REGULATORY AUTHORITY OVER WATER 112 California Law Review 625 (April, 2024) In 2017, the Agua Caliente Band of Cahuilla Indians affirmed their legal right to water in a landmark victory in the Ninth Circuit Court of Appeals. In an exercise of its SOVEREIGN authority, the Tribe then implemented a permit system to regulate use of the groundwater underlying its reservation. But local and state water agencies already have a... 2024 Yes
Kekek Jason Stark RESPONSIBLE GOVERNANCE AND TRIBAL CUSTOMARY RIGHTS 59 Harvard Civil Rights-Civil Liberties Law Review 27 (Spring, 2024) [T]raditional laws are fundamental laws of society and are derived from custom--[the] language, ceremonies, teachings and value system of the Tribal Nation. C1-2Table of Contents Introduction. 27 I. Responsible Governance. 28 II. Tribal Customary (Fundamental) Rights. 34 A. Citizenship Rights. 39 1. Land Use (Property) Rights. 43 B. Employment... 2024  
Lauren van Schilfgaarde RESTORATIVE JUSTICE AS REGENERATIVE TRIBAL JURISDICTION 112 California Law Review 103 (February, 2024) For more than a century, the United States has sought to restrict Tribal governments' powers over criminal law. These interventions have ranged from the imposition of federal jurisdiction over Indian country crimes to actively dismantling Tribal justice systems. Two particular moves--diminishing Tribal jurisdiction and imposing adversarial... 2024  
Sandra H. Sulzer RESTORATIVE JUSTICE FOR INTERNATIONAL TRADITIONAL CULTURAL EXPRESSION OWNERSHIP DISPUTES 45 Michigan Journal of International Law 275 (2024) Traditional cultural expressions (TCE), which include dances, songs, and pottery, and traditional knowledge (TK), which includes plant properties, agricultural practices, and artistic techniques, are inarguably valuable both to the groups that create them and to outsiders who wish to use or sell them. International law broadly, and intellectual... 2024  
Nic Rossio , Judge Tim Connors , Margaret Kruse Connors , Justice Cheryl Demmert Fairbanks , Dr. William Hall , Brett Lee Shelton RESTRUCTURING AMERICAN LAW SCHOOLS: PEACEMAKING IN FIRST YEAR CURRICULUM 69 Wayne Law Review 635 (Spring, 2024) I. Historical Context--What is Peacemaking?. 637 II. Peacemaking and Law School Curriculum. 644 A. Introduction. 644 B. The Current Approach: Law School's Reliance on Formalism.. 647 C. Rethinking Law Students' Assumed Tendency Toward Formalism. 652 D. The Potential of Peacemaking. 658 E. Conclusion. 667 III. Peacemaking at the Federal Level. 668... 2024  
M. Henry Ishitani , Alexandra Fay REVISING THE INDIAN PLENARY POWER DOCTRINE 29 Michigan Journal of Race and Law 1 (Spring, 2024) The federal Indian law doctrine of Congressional plenary power is long overdue for an overhaul. Since its troubling nineteenth-century origins in Kagarna v. United States (1886), plenary power has justified invasive Congressional interventions and undermined Tribal SOVEREIGNty. The doctrine's legal basis remains a constitutional conundrum. This... 2024 Yes
John R. Welch , Robert Alan Hershey REVISITING AMERICAN INDIAN TREATY RIGHTS IN ARIZONA 60-AUG Arizona Attorney 18 (July/August, 2024) Once an episodically pertinent subfield of American Indian Law, Treaty Law is regaining prominence in the wake of Supreme Court opinions in Minnesota et al. v. Mille Lacs Band of Chippewa Indians et al., Washington State Department of Licensing v. Cougar Den Inc., McGirt v. Oklahoma, and Arizona v. Navajo Nation. Treaties often have been downplayed... 2024  
Yuanyuan Ren REVISITING THE IMPLICATIONS OF THE SOUTH CHINA SEA ARBITRATION: AN ARCTIC PERSPECTIVE 30 U.C. Davis Journal of International Law and Policy 23 (Spring, 2024) This article examines the implications of the South China Sea Arbitration (the SCS Arbitration) for the governance of the Arctic Ocean. It argues that the SCS Arbitration award is more than a piece of paper and carries important implications for assessing and resolving maritime disputes and disagreements in the Arctic, especially regarding four... 2024  
Alexis Studler REVIVING INDIAN COUNTRY: EXPANDING ALASKA NATIVE VILLAGES' TRIBAL LAND BASES THROUGH FEE-TO-TRUST ACQUISITIONS 29 Michigan Journal of Race and Law 125 (Spring, 2024) For the last fifty years, the possibility of fee-to-trust acquisitions in Alaska has been precarious at best. This is largely due to the Alaska Native Claims Settlement Act of 1971 (ANCSA), which eschewed the traditional reservation system in favor of corporate land ownership and management. Despite its silence on trust acquisitions, ANCSA was and... 2024  
Brooke Hare RE-WRITING PRECEDENT: AN EXPLORATION OF THE NEGATIVE IMPACT ON NATIVE RIGHTS IN THE WAKE OF OKLAHOMA v. CASTRO-HUERTA 101 Denver Law Review 421 (Winter, 2024) The word SOVEREIGNty implies freedom from external control and is synonymous with the terms autonomy, self-determination, and independence. That is, at least, how Merriam-Webster defines the term and how the Supreme Court treated Native Americans through the careful development of over 200 years of case law. The current bench of the Supreme... 2024 Yes
Michelle Diffenderfer, Katherine Hupp RIPPLE EFFECTS FOR TRIBES AFTER COURT CUTS AGENCY POWER 56 ABA Trends 5 (November/December, 202) Federal Indian law in the United States is a complex field centered on the legal relationship between the federal government and Indian Tribes and rooted in the principle of tribal SOVEREIGNty recognized in the United States Constitution. Over time, treaties, statutes, court decisions, agency regulations, and Executive Orders have recognized a... 2024 Yes
Daniel J. Smyth Rise of Complete Substitutes and Fall of the Origination Clause in the Post-Ratification Era 13 British Journal of American Legal Studies 273 (Fall, 2024) The Constitution's Origination Clause requires the House of Representatives, the chamber considered closest to the people, to originate all bills for raising revenue. This clause allows Senate amendments to these bills. However, may Senate amendments completely replace House revenue bills with new revenue bills, as occurred with the Affordable Care... 2024  
Shania L. Kee SAAD EÍ DATA: FORMALIZING THE INDIGENOUS DATA SOVEREIGNTY MOVEMENT WITHIN THE NAVAJO NATION LEGAL SYSTEM, A COMPARISON TO THE MORI'S DATA GOVERNANCE MODEL 41 Arizona Journal of International and Comparative Law 74 (2024) C1-2Table of Contents I. Introduction. 75 II. Development of IDSov & IDGov. 78 A. International Law. 79 B. Applying IDGov to Tribes or specific Nations. 81 III. The Mori's Application of IDGov. 82 A. The Mori people's relationship with New Zealand. 83 1. Treaty of Waitangi. 83 2. Waitangi Tribunal. 84 3. New Zealand Law Commission. 85 B. New... 2024 Yes
Patrick E. Reidy, C.S.C. SACRED EASEMENTS 110 Virginia Law Review 833 (June, 2024) In the last forty years, Native American faith communities have struggled to protect their sacred sites using religious liberty law. When confronting threats to sacred lands, Native Americans stridently assert constitutional and statutory free exercise protections against public authorities. But unlike litigation involving non-Indian religious... 2024  
Leo Baskatawang SACRED TEACHINGS, SACRED LAW: TRUTH AND RECONCILIATION OF INDIGENOUS LEGAL ORDERS IN CANADA 32 Michigan State International Law Review 1 (2024) This article reflects on the presence of Indigenous laws that were present on Turtle Island, or what is now known as North America, prior to the period of European colonization. This is done through an analysis of the Anishinaabe Creation Story, which encompasses the Seven Sacred Teachings (Respect, Humility, Honesty, Bravery, Love, Wisdom, and... 2024  
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