| Author | Title | Citation | Summary | Year | Key Terms |
| David N. Goldman |
The Neglected History of State Prosecutions for State Crimes in Federal Courts |
52 Texas Tech Law Review 783 (Summer, 2020) |
I. Introduction. 784 II. Congress and the Text: Creation of the Officer-Removal Statutes. 787 A. Legislators' Beliefs in the Scope of Their Constitutional Power. 787 1. The Force Act--1833. 788 2. A Bill to Protect the Officers . Executing the Laws of the United States--1855. 794 3. An Act Relating to Habeas Corpus--1863. 798 4. The Force Act; Search Snippet: ...process of removal. [FN283] The United States and the Creek Tribe had entered into the Treaty of Cusseta. [FN284] This led to disagreement as to the... |
2020 |
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| Shayak Sarkar |
The New Legal World of Domestic Work |
32 Yale Journal of Law & Feminism Feminism 1 (2020) |
Domestic workers, disproportionately foreign women, have long been accorded a place in our households, but not in our law. Nearly a century ago, the New Deal and Civil Rights statutes excluded this female labor force from worker protections. More generally, migrant domestic workers around the world have often found themselves with little; Search Snippet: ...as in other federalist countries like India and Germany, national sovereignty must confront the sovereign claims of states and other subnational sovereigns (such as Native American tribes). For a discussion of how sovereignty claims affect workplace rights... |
2020 |
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| Daniel Harris |
The New Swing Votes on the U.s. Supreme Court |
114 Northwestern University Law Review Online 258 (March 20, 2020) |
Abstract--The big surprise on the U.S. Supreme Court during the October 2018 term was how often the Court's newest members disagreed with each other. In cases with at least one dissent, Justice Neil Gorsuch and Justice Brett Kavanaugh were on opposite sides 49% of the time. Frequently, one or the other joined with the Court's four Democratic; Search Snippet: ...Therefore, Justice Kavanaugh concluded, lament about the terms of the treaty negotiated by the Federal Government and the Tribe in 1855 does not support the Judiciary (as opposed to... |
2020 |
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| Lisa Merkel-Holguin , Allan Cooke , Denise Evans , Kelly L. Beck , Corresponding: lisa.merkel-holguin@ucdenver.edu |
The New Zealand Family Group Conference Confidentiality Protections: Lessons Learned and an Application in U.s. Child Welfare Systems |
58 Family Court Review 109 (January, 2020) |
With the adoption of statutes, policies and administrative guidance since the late 1980s, statutory child welfare agencies around the world have been implementing practice approaches to resolving and addressing child abuse and neglect concerns that involve extended family systems in decision making and planning. One such approach is the family; Search Snippet: ...II. A HISTORICAL PERSPECTIVE [FN10] On February 6, 1840 a treaty was signed between representatives of the British Crown and rangatira (chiefs) of the indigenous people of Aotearoa Mori. A partnership relationship was created through... |
2020 |
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| Spencer Weber Waller |
The Omega Man or the Isolation of U.s. Antitrust Law |
52 Connecticut Law Review 123 (April, 2020) |
There is a classic science fiction novel and film that present a metaphor for the isolation of United States antitrust law in the current global context. Richard Mathiesson's 1954 classic science fiction novel, I am Legend, and the later 1971 film released under the name of The Omega Man starring Charleton Heston, both deal with the fate of Robert; Search Snippet: ...1943) . Susan Beth Farmer, Altering the Balance Between State Sovereignty and Competition: The Impact of Seminole Tribe on the Antitrust State Action Immunity Doctrine , 23 Ohio N.U... |
2020 |
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| Claudia Iseli |
The Operationalization of the Principle of Free, Prior and Informed Consent: a Duty to Obtain Consent or Simply a Duty to Consult? |
38 UCLA Journal of Environmental Law & Policy 259 (2020) |
The principle of free, prior and informed consent (FPIC) was introduced as a way of safeguarding indigenous peoples' right to self-determination and their right to freely determine their own economic, social and cultural development. This Article explores how FPIC has been operationalized in the context of natural resource extraction on indigenous; Search Snippet: ...of Free, Prior and Informed Consent in Law 263 A. Treaty Law: Indigenous and Tribal Peoples Convention (No. 169) 263 B. Soft Law... |
2020 |
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| Wesley James Furlong |
The Other Non-renewable Resource: Cultural Resource Protection in a Changing Energy Future |
42 Public Land & Resources Law Review Rev. 1 (2020) |
Our way of life is based on our relationship to the land. We must care for and respect the land and animals given to us by the Creator. --First Chief Galen Gilbert I. America First, Native America Last. 1 II. Protecting Tribal Cultural Resources. 2 III. Trump's War On Indian Country. 6 IV. The Grass Is Not Always Greener. 10 V. Conclusion. 13; Search Snippet: ...a fiduciary duty. [FN32] Beyond statutory, administrative, and executive law, treaty rights may also impose a trust obligation on the federal... |
2020 |
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| Elizabeth Thornberry |
The Problem of African Girlhood: Raising the Age of Consent in the Cape of Good Hope, 1893-1905 |
38 Law and History Review 219 (February, 2020) |
In 1893, the Cape of Good Hope passed the Criminal Law Amendment Act, which raised the age of consent from 12 to 14 years. More precisely, it criminalized penetrative sex with a girl 12 or 13 years of age who was not a prostitute, or with a female idiot or imbecile, and introduced new provisions to punish the forcible detention of women in; Search Snippet: ...Cape Town: Cape Times Ltd., 1905), 5 . Philippa Levine, Sovereignty and Sexuality: Transnational Perspectives on Colonial Age of Consent Legislation, in Beyond Sovereignty: Britain, Empire and Transnationalism, c. 1880-1950 , ed. Kevin Grant... |
2020 |
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| Elijah T. Staggers |
The Racialization of Crimes Involving Moral Turpitude |
12 Georgetown Journal of Law & Modern Critical Race Perspectives 17 (Spring, 2020) |
C1-2Table of Contents Introduction. 18 I. Defining the Phrase Crime Involving Moral Turpitude. 20 A. The Original White Supremacist Trope of Race-Based Morality: The Negro Rascal. 20 B. Presumptions of Race-Based Morality in the Immigration Act of 1917. 23 1. Race-Based Morality Shifted During the Progressive Era to Target Non-Anglo-Saxon; Search Snippet: ...to the United States, the government refused to grant political sovereignty to the islands and initially balked even at incorporating the native inhabitants as citizens. This is consistent with the strategy of... |
2020 |
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| Yuri Mantilla |
The Rights of Indigenous Peoples of the Andean Region, International Law, and Global Economic Integration |
43 Suffolk Transnational Law Review 39 (Winter, 2020) |
Regarding the indigenous population of Latin America, the World Bank indicates: According to the last round of censuses available, in 2010 there were about 42 million indigenous people in Latin America, representing nearly 7.8 percent of the total population. Mexico, Peru, Guatemala, and Bolivia had the largest indigenous populations both in; Search Snippet: ...Based on these ideas, he reached the conclusion that the sovereignty of indigenous nations should be respected. As an eyewitness of the Spanish... |
2020 |
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| Sean Frazzette |
The Scope of Tribal Immunity in Real Property Disputes |
87 University of Chicago Law Review 1605 (September, 2020) |
Native American tribes are sovereign nations with some degree of sovereign immunity. The exact contours of that immunity are often in flux. While the Supreme Court has established the confines of tribal immunity in cases involving torts, taxation, and contracts, it has avoided determining the doctrine's application to cases involving real property; Search Snippet: ...actions against tribal land. By analyzing the history of tribal sovereignty, land ownership, and immunity from suit, this Comment argues that absent explicit congressional action, tribes can claim sovereign immunity in suits involving any form of... |
2020 |
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| Jonathan K. Van Patten |
The Trial of Breaker Morant |
65 South Dakota Law Review 104 (2020) |
A political trial offers an instructive window into law and politics. Any trial, of course, has important consequences for the parties. There are some trials, however, that transcend the particulars and serve as interpretive moments. A trial may have started as a simple dispute between the participants, but, it may also serve to reveal deeper; Search Snippet: ...1:39:27. See, e.g. Frank Pommersheim, Broken Landscape: Indians, Indian Tribes, and the Constitution 4 (2009) ( [The Supreme Court] consistently approved... |
2020 |
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| Samuel Briese |
The United States Supreme Court Making Unnecessary Fixes in Franchise Tax Board of California V. Hyatt |
65 South Dakota Law Review 371 (2020) |
Stare decisis plays a crucial role in our judicial system. In fact, it is a necessity since it is unrealistic to expect each case to be judged without guidance from previous holdings. The doctrine establishes what the law is and provides a framework that judges, lawyers, and the public can rely on to make critical legal choices. In 1979, the United; Search Snippet: ...in a similar fashion to the dissent's position in Seminole Tribe , disagreed with the assertion that immunity from suit was a fundamental aspect of sovereignty that states used before ratification and accepted by our Founders... |
2020 |
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| Grant Christensen |
The Wrongful Death of an Indian: a Tribe's Right to Object to the Death Penalty |
68 UCLA Law Review Discourse 404 (2020) |
This Essay responds to the execution of Lezmond Mitchell, the only American Indian on federal death row. The execution was carried out on August 26, 2020 over the objection of both members of the victims' family and the Navajo Nation. This Essay takes the clear position that because the Federal Death Penalty Act of 1994 requires tribal consent to; Search Snippet: ...words about the importance of federal judicial deference to tribal sovereignty: While this court's jurisprudence indeed gives the federal government the... |
2020 |
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| K-Sue Park |
This Land Is Not Our Land |
87 University of Chicago Law Review 1977 (October, 2020) |
The story of our relationship to the earth is written more truthfully on the land than on the page. It lasts there. The land remembers what we said and what we did. -Robin Wall Kimmerer, Braiding Sweetgrass 341 (Milkweed 2013) The land and the wealth that began in it still carry the shape of history .. The land remembers. But what do we remember; Search Snippet: ...lands. [FN73] Observing that a state of near erasure of Native Nations and indigenous peoples prevails in canonical constitutional texts, she added that examining the history of US interaction with Native Nations, beyond simple inclusion in the canon, could contribute to... |
2020 |
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| Elizabeth Hampton |
Thus in the Beginning All the World Was America: the Effects of Anti-protest Legislation and an American Conquest Culture in Native Sacred Sites Cases |
44 American Indian Law Review 289 (2020) |
The United States remains the global leader for energy and raw materials pipeline networks, maintaining over 2.6 million miles of liquid, gas transmission, and gas distribution pipelines. Though economically lucrative, the industry is not without controversy. Since time immemorial, the energy sector has received harsh criticism for the; Search Snippet: ...Tribe filed suit to reverse the pipeline's approval. [FN54] The Tribe's Complaint cited the Fort Laramie Treaty as support. [FN55] The Treaty affords the Sioux Nation absolute and undisturbed use and occupation... |
2020 |
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| Barbara Stark |
Toward a Theory of Intercountry Human Rights: Global Capitalism and the Rise and Fall of Intercountry Adoption |
95 Indiana Law Journal 1365 (Fall, 2020) |
C1-2Contents Introduction. 1366 I. How the Cold War Shaped Human Rights. 1369 A. The Difference Between American and International Human Rights. 1369 B. How the American Version of Human Rights Promoted Intercountry Adoption. 1371 1. The Indian Adoption Project. 1374 2. Placing Black Children with White Families. 1376 3. Intercountry Adoption; Search Snippet: ...24, 2017). . Native American holdings shrank from 138 million acres of treaty land in 1887 to 48 million acres in 1934, 20... |
2020 |
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| Ilja Richard Pavone |
Towards an Eu Animal Welfare Law: the Case of Animal Testing and the Limits of New Welfarism |
16 Animal & Natural Resource Law Review 193 (May, 2020) |
Nowadays, the mass slaughter of animals is on the rise for several reasons. Animals are mainly exploited for food, (following the logic that they must feed all 7.5 billion of humans), kept in poor conditions in factory farming, and slaughtered for futile reasons, such as luxury foods (the cruel practices of shark finning and foie gras), recreation; Search Snippet: ...of violence, and are therefore afforded special protection. Human rights treaties consider vulnerable persons or vulnerable groups: women, children and elderly persons, disabled persons, minorities, migrant workers, internally displaced people, indigenous people, lesbian, gay and transgender people. See Jane Johnson... |
2020 |
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| Kyle Fields |
Traditions and Customs in Tribal Court |
56-AUG Arizona Attorney 62 (July/August, 2020) |
As a tribal judge, I've received many questions about how traditions and customs apply in tribal court, or specifically how they should apply in tribal court. In researching the issue, two extremes emerged. On one extreme, traditions and customs are the foundation of tribal law, and courts should extensively use them. On the other extreme,; Search Snippet: ...Incorporated Into the Law Well, it depends on the tribe. Tribes may specifically incorporate their traditions and customs in various sources... |
2020 |
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| Adam Crepelle |
Tribal Courts, the Violence Against Women Act, and Supplemental Jurisdiction: Expanding Tribal Court Jurisdiction to Improve Public Safety in Indian Country |
81 Montana Law Review 59 (Winter, 2020) |
In Indian country, non-Indians are essentially above the law. Non-Indians cannot be prosecuted by Indian tribes; consequently, the United States Commission on Civil Rights has declared that Indians have become easy crime targets. In particular, Indian women have become prime victims for non-Indian sexual predators. Rape rates skyrocket when non-; Search Snippet: ...The United States definitively recognized tribal criminal jurisdiction over non- Indians in early treaties with tribes, [FN40] but the United States also acquired some jurisdiction over crimes committed in Indian territory when a United States citizen was the victim. [FN41... |
2020 |
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| Adam C. Crepelle |
Tribal Recognition, Consultation, and Lessons from the First Climate Relocation |
34-WTR Natural Resources & Environment 13 (Winter, 2020) |
News outlets across the United States flocked to the Isle de Jean Charles (IDJC), Louisiana, in 2016 and declared the island's inhabitants the United States' first climate refugees. Located along Louisiana's coast, the IDJC is a textbook case on the impact of rising seas and coastal erosion. The IDJC had a land mass of over 22,000 acres in 1955; Search Snippet: ...to respect tribal sovereignty. The GAO report notes that Alaska Native Corporations, which hold and exercise some sovereignty over millions of acres of land, are often excluded from... |
2020 |
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| Pete Heidepriem |
Tribal Remedies, Exhaustion, and State Courts |
44 American Indian Law Review 241 (2020) |
A bedrock feature of sovereignty is a court exercising jurisdiction. For Native nations, this is at risk. Through its judicial institution, a sovereign nation supports the force and effect of its laws, promotes respect for authority, and maintains culture. A rule in federal law, which this Article calls the tribal remedies doctrine, provides; Search Snippet: ...acceptable. Establishing a uniform approach is critical to supporting tribal sovereignty and preventing arbitrary geography from determining each tribe's authority. U.S. Supreme Court precedent, with special attention to Iowa... |
2020 |
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| Michael Lopez |
Tribal Rights: the 1872 Mining Law's past and Future |
34-WTR Natural Resources & Environment 53 (Winter, 2020) |
To many, miners embody the quintessential narrative of the American West: freedom, individualism, opportunity, and progress. Books, movies, museums, theme parks, and sports franchises celebrate, often with romanticized nostalgia and a nationalistic flair, the hardships endured by miners. In the mid-nineteenth century, the forty-niners and; Search Snippet: ...An infamous example is the experience of the Nez Perce Tribe, or Nimiipuu, whose homeland-- in what is today north-central... |
2020 |
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| Seth Davis |
Tribalism and Democracy |
62 William and Mary Law Review 431 (November, 2020) |
Americans have long talked about tribalism as a way of talking about their democracy. In recent years, for example, commentators have pointed to political tribalism as what ails American democracy. According to this commentary, tribalism is incompatible with democracy. Some commentators have cited Indian Tribes as evidence to support this; Search Snippet: ...Article argues that Indian Tribalism is compatible with American democracy. Indian Tribal sovereignty ensures opportunities for self-government. Indian Tribal governance is compatible... |
2020 |
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| Onalee R. Chappeau |
Trusting the Tribe: Understanding the Tensions of the Indian Child Welfare Act |
64 Saint Louis University Law Journal 241 (Winter, 2020) |
Remember your birth, how your mother struggled to give you form and breath. You are evidence of her life, and her mother's, and hers. Remember your father. He is your life, also . Remember you are all people and all people are you. Remember you are this universe and this universe is you. Remember all is in motion, is growing, is you. Remember; Search Snippet: ...that Section 1915 of the ICWA recognized and incorporated a tribe's exercise of its inherent sovereignty over Indian children--therefore, it did not, and could not, delegate this existing sovereign authority to Indian tribes at all. [FN241] This argument was in line with other... |
2020 |
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| Frédéric Gilles Sourgens |
Truths in Translation |
44 Fordham International Law Journal 101 (October, 2020) |
I. INTRODUCTION. 102 II. A PRIMA FACIE LACK OF FACTUAL RIGOR. 107 A. Burden of Proof. 111 1. The Basic Rule in Action. 111 2. Presumptions Shift the Basic Rule. 115 3. Burdens, Presumptions, and (Post-)Truth. 117 B. Standard of Proof. 118 C. Burdens and Standards Cannot Operate Without Presumptions. 124 III. INFERENCES AND PRESUMPTIONS. 124 A; Search Snippet: ...Nor.), 1933 P.C.I.J. (ser. A/B) No. 53 (Apr. 5); Sovereignty over Palau Litigan and Palau Sipadan (Indon. v. Malay.), 2001... |
2020 |
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| |
U.s. Supreme Court Update |
30-AUG Journal of Multistate Taxation and Incentives 37 (August, 2020) |
DEBRA S. HERMAN is a partner in the New York City office of the law firm Hodgson Russ LLP. On May 14, 2020, a new petition for writ of certiorari was filed with the Court in Rogers Cnty. Bd. of Tax Roll Corrections v. Video Gaming Technologies, Inc. (Docket No. 19-1298), ruling below at Okla. S. Ct., Docket No. 117491 (12/17/2019).The U.S. Supreme; Search Snippet: ...valorem tax, as assessed against personalproperty owned by a non- Indian, out-of-state corporate entity and leased to a tribe for use in its casino operations, is preempted by the Indian Gaming Regulatory Act and the Court's particularized inquiry balancing test, see White MountainApache Tribe v. Bracker , 448 U.S. 136 (1980) , where the tax does... |
2020 |
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| |
U.s. Supreme Court Update |
30-SEP Journal of Multistate Taxation and Incentives 34 (September, 2020) |
DEBRA S. HERMAN is a partner in the New York City office of the law firm Hodgson Russ LLP. She would like to thank Doran Gittleman for his contributions to this month's article. Before its recess, on June 30, 2020, the U.S. Supreme Court ruled in a 5-4 decision, in Espinoza v. Montana Dep't of Revenue (Docket No. 18-1195), that the Montana Supreme; Search Snippet: ...valorem tax, as assessedagainst personal property owned by a non- Indian, out-of-state corporate entity and leased to a tribe for use in its casino operations, is preempted by the Indian Gaming Regulatory Act and the Court's particularized inquiry balancing test, see WhiteMountain Apache Tribe v. Bracker , 448 U.S. 136 (1980) , where the tax does... |
2020 |
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| |
U.s. Supreme Court Update |
30-OCT Journal of Multistate Taxation and Incentives 32 (October, 2020) |
DEBRA S. HERMAN is a partner in the New York City office of the law firm Hodgson Russ LLP. She would like to thank Doran Gittleman, an associate at Hodgson Russ LLP, for his contributions to this month's article. On July 30, 2020, in Little v. Reclaim Idaho, (Docket No. 20A18), the Court granted the State of Idaho's application to stay the; Search Snippet: ...valorem tax, as assessed against personalproperty owned by a non- Indian, out-of-state corporate entity and leased to a tribe for use in its casino operations, is preempted by the Indian Gaming Regulatory Act and the Court's particularized inquiry balancing test, see White MountainApache Tribe v. Bracker , 448 U.S. 136 (1980) , where the tax does... |
2020 |
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| |
U.s. Supreme Court Update |
30-JUL Journal of Multistate Taxation and Incentives 37 (July, 2020) |
DEBRA S. HERMAN is a partner in the New York City office of the law firm Hodgson Russ LLP. While the U.S. Supreme Court extended certain filing deadlines and postponed certain oral arguments in keeping with the public health precautions recommended in response to the COVID-19 pandemic, the Court did not hit pause! With respect to state and local; Search Snippet: ...remit taxes due the state. Preemption of state taxation. The Tribe asserted below that the imposition of the South Dakota use... |
2020 |
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| Conor Butkus, Symposium Editor |
U.s. V. Oregon: 50th Anniversary |
50 Environmental Law 327 (Spring, 2020) |
Beginning in 1854, the U.S. entered into treaties with the Northwest Tribes that saw the tribes cede vast territories in exchange for rights meant to protect their traditional salmon fishing. For 115 years after that, U.S. citizens and Oregon and Washington attacked those rights and the tribe members seeking to uphold them. The states implemented a; Search Snippet: ...Conor Butkus Beginning in 1854, the U.S. entered into treaties with the Northwest Tribes that saw the tribes cede vast territories in exchange for rights meant to protect... |
2020 |
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| Albert C. Lin |
Uncooperative Environmental Federalism: State Suits Against the Federal Government in an Age of Political Polarization |
88 George Washington Law Review 890 (July, 2020) |
The conventional account of most U.S. environmental regulation goes something like this: cooperative federalism schemes accommodate state and federal interests while tapping into the respective strengths of centralized and decentralized regulation. In cooperative federalism arrangements, the federal government sets minimum environmental standards; Search Snippet: ...2001) (holding that United States holds title in trust for tribe to lands underlying lake and river); Montana v. United States... |
2020 |
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| Todd B. Adams |
Using Game Theory to Better Understand the Role of the U.s. Supreme Court in the Catastrophe That Befell American Indians in Georgia |
46 Ohio Northern University Law Review 331 (2020) |
How the 1823 case Johnson v. McIntosh affected the catastrophe befalling American Indians in the early Republic is a major, continuing issue in early American Indian law. Some scholars argue that the U.S. Supreme Court placed American Indian national title on a firm legal foundation that it had previously lacked, but others argue that that the; Search Snippet: ...Great Britain still occupied the Northwest in violation of the Treaty of Paris that ended the Revolutionary War [FN27] and prevented Congress from converting American Indian national lands in the Old Northwest into needed cash. [FN28... |
2020 |
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| Robert J. Miller |
Virginia's First Slaves: Indigenous Peoples |
10 Wake Forest Journal of Law and Policy 195 (March, 2020) |
[M]an has dominated man to his injury. [I]nvade, search out, capture, vanquish, and subdue all Saracens [Muslims] and pagans whatsoever, and other enemies of Christ . [and] reduce their persons to perpetual slavery . convert them to . use and profit. Pope Nicholas V, Jan. 8, 1455 An inhuman practice once prevailed in this country of making; Search Snippet: ...Powhatan war in 1644 to 1646. [FN60] In the 1646 Treaty of Necotowance that ended the third Powhatan war, the subjugated tribes were required to return any runaway Indian Servants. [FN61] The colonists agreed in the treaty not to enslave any Virginia Indigenous Peoples or Indigenous Peoples that were allied with or paid tribute to Virginia... |
2020 |
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| Hilary C. Tompkins |
Walking in Beauty in the Law |
46 No. 4 Litigation 47 (Summer, 2020) |
As lawyers, we often assume a persona or style in our work to be an effective advocate on behalf of our client. I have been practicing for more than two decades, and over the years, I have changed my style based on who I was working for, what seemed to be effective, and, lastly, my sense of self. I have come to believe that the last category is the; Search Snippet: ...not analyzing the potential impact of the pipeline on the tribe's downstream treaty and water rights. Ultimately, the D.C. district court judge agreed... |
2020 |
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| David Goad |
Water Law Be Dammed?: How Dam Construction by Non-hegemonic Basin States Places Strain on the Customary Law of Transboundary Watercourses |
35 American University International Law Review 907 (2020) |
I. INTRODUCTION. 908 II. BACKGROUND. 910 A. The History of Development on the Harirud River. 910 B. History Surrounding the Grand Ethiopian Renaissance Dam. 913 C. Legitimacy of Dam Construction. 916 D. Sovereignty. 916 E. Overview of Transboundary Watercourse Law. 917 F. Equitable and Reasonable Utilization. 918 G. The No-Harm Principle. 921 III; Search Snippet: ...on the Nile). See Waseem Ahmad Qureshi, Indus Water Treaty: An Impediment to Indian Hydro-Hegemony , 46 Denv. J. Int'l L. & Pol'y 45, 51... |
2020 |
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| Meghan M. Carter , Jennifer R. Wendel |
Water Rights Adjudications in Idaho Have Statewide Impacts |
63-OCT Advocate 16 (October, 2020) |
In 528 AD, the Roman Emperor Justinian issued the edict, By the law of nature these things are common to mankind--the air, running water, the sea, and consequently the shores of the sea. With these words, Justinian codified the modern-day public trust doctrine, and began an era of public management of natural resources. Though Justinian's Rome; Search Snippet: ...claims, a court must first determine what water use a Tribe is entitled to, determined by the purpose of the reservation and the treaty between the Tribe and the United States. Secondly, the court must quantify the... |
2020 |
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| Elizabeth A. Reese |
Welcome to the Maze: Race, Justice, and Jurisdiction in Mcgirt V. Oklahoma |
8/13/2020 University of Chicago Law Review Online Online 1 (August 13, 2020) |
The morning of July 9th, American Indian tribal citizens and non-Indian residents of eastern Oklahoma woke up and experienced a similar shock. The United States Supreme Court, in an opinion authored by Justice Neil Gorsuch, announced that the Muscogee (Creek) Nation's reservation boundaries had never been disestablished. The Supreme Court's 5-4; Search Snippet: ...persons who freely enter their territory. In Oliphant v. Suquamish Indian Tribe , the Court held that [b]y submitting to the overriding sovereignty of the United States, Indian tribes therefore necessarily give up their power to try non- Indian citizens of the United States A clear double standard with the States, but tribes aren't states, they are Indians and the Court sees their sovereignty... |
2020 |
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| Sital Kalantry , Nicholas Koeppen |
When Contact Kills: Indigenous Peoples Living in Voluntary Isolation During Covid |
68 UCLA Law Review Discourse 268 (2020) |
During the global pandemic, people around the world are at risk of serious illness and death from contact and proximity to other people. But Indigenous peoples, particularly those in voluntary isolation, have always faced that risk. International organizations have relied on the right to self-determination as the primary legal grounds to justify; Search Snippet: ...for fear that it signals that they accept the territorial sovereignty claims of Indigenous communities. On the other hand, IACtHR case law on the... |
2020 |
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| Aditi Deal |
When less Is More: a New Formula for Avoiding Equally Divided Decisions in the Supreme Court |
58 Houston Law Review 185 (Fall, 2020) |
The Supreme Court of the United States is designed to serve as the judiciary branch of government's final word on an issue. It is often presented with contested issues and asked to serve as a tiebreaker. So, when the Supreme Court itself doles out an equally divided decision, is it failing at its core responsibility? This Comment addresses that; Search Snippet: ...Washington , the United States brought an action on behalf of Native American tribes against the State of Washington, claiming that the State had violated a fishing treaty. [FN73] The district court issued an injunction to stop the State from violating the fishing treaty, and the Ninth Circuit Court of Appeals affirmed in favor of the tribes. [FN74] The issues in the case were numerous, ranging from... |
2020 |
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| Gregor Allen MacGregor |
When the Navajo Generating Station Closes, Where Does the Water Go? |
31 Colorado Natural Resources, Energy & Environmental Law Review 289 (Summer, 2020) |
Introduction 291 I. Historical Setting of the Current Conflict 292 A. Discovery of the Colorado River; Spanish Colonization Sets the Stage for European Expansion into the Southwest 292 B. American Indian Law: Sovereignty, Trust Responsibility, and Treaty Interpretation 293 C. Navajo Conflict and Resettlement on their Historic Homelands 295 D; Search Snippet: ...Stage for European Expansion into the Southwest 292 B. American Indian Law: Sovereignty, Trust Responsibility, and Treaty Interpretation 293 C. Navajo Conflict and Resettlement on their Historic... |
2020 |
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| Alec D. Tyra |
When the Well Runs Dry: Groundwater Policy and Sustainability Post-agua Caliente |
38 UCLA Journal of Environmental Law & Policy 309 (2020) |
In the height of a seven-year drought in California, The Agua Caliente Band of Cahuilla Indians (the Tribe) sued the Coachella Valley Water District and Desert Water Agency (Together as Water Districts) to secure their right to groundwater stored in the Coachella Valley Aquifer (Aquifer). The Aquifer, like most groundwater resources in; Search Snippet: ...upon Mexico's separation from Spain). In this case, the Tribe alleges they have occupied the Coachella valley since time immemorial... |
2020 |
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| Kim Oosterlinck, Joseph Blocher, Mitu Gulati |
Why Did Belgium Pay Leopold's Bonds? |
83 Law and Contemporary Problems 49 (2020) |
King Leopold II's horrific abuse of the Congo Free State (CFS) was a humanitarian disaster of incalculable proportions, and inspired what has been called the first great international human rights campaign of the twentieth century. This campaign--which united humanitarian and commercial interests --eventually forced Leopold to sell the CFS to; Search Snippet: ...is worth noting, though, that Leopold explicitly demanded that the treaties his representatives signed with native Congolese included articles that delegate to us their sovereign rights... |
2020 |
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| Giuseppe Martinico, Marta Simoncini |
Wightman and the Perils of Britain's Withdrawal |
21 German Law Journal 799 (July, 2020) |
On 10 December 2018, the Court of Justice (CJEU) delivered the Wightman judgment and recognized the unilateral revocability of the notification ex Art. 50 Treaty on European Union (TEU). This article offers a critical analysis of the decision by insisting above all on; Search Snippet: ...odds with popular sovereignty as exercised in a referendum. Popular sovereignty also has other implications, such as in Scotland, where an indigenous Scottish tradition claims that sovereignty resides in the Scottish people, in spite of the alternative claims of Diceyan parliamentary sovereignty. Thirdly, there is external sovereignty: whereby a country may be... |
2020 |
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| Emily Dennan , Emily McEvoy |
Winner, Best Appellate Brief in the 2020 Native American Law Student Association Moot Court Competition |
44 American Indian Law Review 423 (2020) |
Whether the EPA acted unlawfully and arbitrarily and capriciously in abandoning its earlier position recognizing congressional delegation of authority to Indian tribes to administer regulatory programs over their reservations, instead imposing on tribes the burden of demonstrating inherent authority over their reservations. 2. Whether the Tribe; Search Snippet: ...Cherokee Nation v. Georgia , 30 U.S. 1, 17 (1831) Tribal sovereignty is only divested when Congress expressly prohibits tribal authority, or... |
2020 |
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| Andrew J. Maier , Assistant United States Attorney, Eastern District of Wisconsin |
Wisconsin Native American Drug and Gang Initiative |
68 Department of Justice Journal of Federal Law and Practice 125 (November, 2020) |
Wisconsin has 11 federally recognized Native American tribes, with tribal communities and reservations spread throughout the state. Nine of the tribes have tribal police departments. These tribal police departments took on drug trafficking and violent gang activity despite low staffing, poor or absent training, and little to no coordination between; Search Snippet: ...maintains and monitors fishing, gathering, and hunting activities established in treaties between 11 Ojibwe tribes and Congress. The tribes are located across Minnesota, Wisconsin, and... |
2020 |
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| Abigail L. Sia |
Withdrawing from Congressional-executive Agreements with the Advice and Consent of Congress |
89 Fordham Law Review 797 (November, 2020) |
As President Donald J. Trump withdrew the United States from one international agreement after another, many began to question whether these withdrawals required congressional approval. The answer may depend on the type of agreement. Based on history and custom, it appears that the president may unilaterally withdraw from agreements concluded; Search Snippet: ...See Koh, supra note 9, at 461 (quoting Laurence H. Tribe, A Constitutional Red Herring: Goldwater v. Carter New Republic , Mar. 17, 1979, reprinted in Treaty Termination: Hearings on S. Res 15 Before the S. Comm... |
2020 |
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| Bonnie St. Charles |
You're on Native Land: the Genocide Convention, Cultural Genocide, and Prevention of Indigenous Land Takings |
21 Chicago Journal of International Law 227 (Summer, 2020) |
Genocide is a sensitive topic. While the Genocide Convention is traditionally understood, especially in the popular imagination, to prohibit mass killings, its provisions prohibit a far broader array of conduct. While killings of Indigenous peoples have thus frequently been considered to fall within the bounds of the Genocide Convention, crimes; Search Snippet: ...2. Section IV will briefly explain the history of international Indigenous land conflicts and identify ongoing issues in Indigenous territorial sovereignty and, further, the harm that the taking of Indigenous lands inflicts. It additionally will argue that Indigenous land takings... |
2020 |
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| Kori Cordero |
Yurok Tribe Fishing Court |
59 No. 2 Judges' Journal 26 (Spring, 2020) |
The Yurok Tribe's Justice Center sits near the western end of the Yurok Reservation, an hour south of the Oregon-California border and six hours north of San Francisco. Fishing Court is in session, but the parties are outside discussing the last case from the commercial fishing season. The respondent is self-represented and has just been told that; Search Snippet: ...ability to fish has been a central part of the Tribe's exercise of sovereignty--from the fishing wars of the late 1970s, the largest... |
2020 |
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| Bart T. Stupak , Justin Nemeroff |
2015 Acknowledgement Regula Native American Treaties |
98-AUG Michigan Bar Journal 22 (August, 2019) |
Before 1978, the existence of a treaty alone between a Native American group and the federal government was conclusive evidence to demonstrate a government-to-government relationship. Today, groups seeking federal acknowledgement as a Native American tribe must undertake an arduous petitioning process, referred to as Part 83. The Part 83 process... |
2019 |
Yes |