Author | Title | Citation | Summary | Year | Key Terms |
David B. Froomkin , A. Michael Froomkin |
SAVING DEMOCRACY FROM THE SENATE |
2024 Utah Law Review 397 (2024) |
It should not be surprising that Americans say they are frustrated with their national institutions. Congress, particularly the Senate, responds poorly to the public's needs and wants because it is increasingly unrepresentative of the electorate. Reform is difficult, however, because each state's equal Suffrage in the Senate is protected by a... |
2024 |
|
Jonathan Liljeblad |
SEA PEOPLES & MARINE PLASTIC POLLUTION IN SOUTHEAST ASIA: AN INTERNATIONAL HUMAN RIGHTS APPROACH IN SUPPORT OF INDIGENOUS RIGHTS TO ENVIRONMENT |
27 UCLA Journal of International Law and Foreign Affairs 59 (Spring, 2024) |
The paper explores the potential for international human rights law to further articulation of indigenous rights to environment. The paper does so by using the case of sea peoples struggling against marine plastic pollution in Southeast Asia as an illustration clarifying how provisions in international human rights instruments can advance... |
2024 |
|
Mariaelena Huambachano |
SEEDING A MOVEMENT: INDIGENOUS FOOD SOVEREIGNTY |
78 University of Miami Law Review 390 (Spring, 2024) |
For many Indigenous peoples, well-being is bound up with and inseparable from the natural world. But since colonialism, Indigenous traditions and access to traditional foods or foodways have been disrupted, imperiling their health and well-being. In this Article, I discuss the role of Indigenous cosmovision/worldview and Indigenous Food SOVEREIGNty... |
2024 |
Yes |
Chairwoman Charlene Nelson , Geoff Strommer |
SEEKING HIGHER GROUND--HOW CONGRESS CAN HELP TRIBES BEING PUSHED TO THEIR LIMITS DUE TO CLIMATE CHANGE |
49 Human Rights 8 (2024) |
After months and years of natural disasters and extreme weather events, even the skeptics are having a hard time denying the obvious: climate change is here. And the climate refugees are coming. Many of the first will be Indigenous people, who are often those most affected by climate impacts and who, from all over the world, have been sounding the... |
2024 |
|
Bethany Berger |
SEPARATE, SOVEREIGN, AND SUBJUGATED: NATIVE CITIZENSHIP AND THE 1790 TRADE AND INTERCOURSE ACT |
65 William and Mary Law Review 1117 (April, 2024) |
In 1790, the same year Congress limited naturalization to free white persons, it also enacted the first Indian Trade and Intercourse Act. The Trade and Intercourse Act may have even stronger claims to super statute status than the Naturalization Act. Key provisions of the Trade and Intercourse Act remain in effect today, and the Act enshrined a... |
2024 |
Yes |
William T. Olmstead |
SHADOWS OF THE CROWN: THE VIRTUE OF EQUILIBRIUM IN AMERICAN SOVEREIGN IMMUNITY |
73 Cleveland State Law Review 171 (2024) |
Under the doctrine of SOVEREIGN immunity, the federal and state governments of the United States cannot be sued or prosecuted unless they voluntarily waive their own impunity. In recent decades, the Supreme Court has expanded the scope of the SOVEREIGN immunity of the state governments. This Note argues that such an expansion is a profound and... |
2024 |
Yes |
Elizabeth Kronk Warner , Jesús A. Salazar |
SHARED STEWARDSHIP |
51 Ecology Law Quarterly 177 (2024) |
It is time we listen to what the Indians have been telling us. Watch the tribes: they are going to lead us. As improper land use, climate change, and egregious natural resource consumption have increased across the United States, so too have the threats facing the country's unique national environmental treasures. Such treasures include landscapes... |
2024 |
|
Martha Louise Slaymaker |
SHOULD NATURE HAVE STANDING? |
31 Indiana Journal of Global Legal Studies 203 (Winter, 2024) |
In 1972, Christopher Stone wrote Should Trees Have Standing?--Toward Legal Rights for Natural Objects, which helped spark a passionate dissent from Justice William O. Douglas in Sierra Club v. Morton. This case demonstrates the importance of granting legal rights to nature, as it shows how the requirements for legal standing present barriers to... |
2024 |
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Makayla Aman, Elise Keenum |
SIGNIFICANT MONTANA CASES |
85 Montana Law Review 201 (Winter, 2024) |
From Montana becoming the first state to ban the popular social media app, TikTok, to turmoil in the State House of Representatives over a Montana lawmaker's ban from the House floor, 2023 brought to the forefront discussions about the rights Montanans enjoy and what those rights mean. In an era of legal uncertainty, individuals, entities, lawyers,... |
2024 |
|
Mary Christina Wood |
SKY CARBON CLEANUP AND BIODIVERSITY RESTORATION: DEVISING REGIONAL FRAMEWORKS |
25 Vermont Journal of Environmental Law 209 (Spring, 2024) |
INTRODUCTION. 211 I. THE IMPERATIVE AND POTENTIAL FOR HARNESSING NATURAL CLIMATE SOLUTIONS. 212 A. The Global Capacity for Natural Climate Solutions. 216 B. The NCS Ecotypes. 218 1. Forests. 219 2. Farmlands. 221 3. Grasslands and Rangelands. 222 4. Blue and Teal Carbon Areas. 224 II. A META-STRATEGY FOR ORGANIZING SKY CLEANUP. 227 A. The... |
2024 |
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Burke W. Griggs |
SOURCE PROBLEMS IN INTERSTATE WATERS |
60 Idaho Law Review 339 (2024) |
C1-2TABLE OF CONTENTS I. INTRODUCTION. 339 II. HYDROLOGIC SOURCE PROBLEMS. 340 A. Kansas v. Colorado and the Distinct Sources Problem. 341 B. The Federal Source Problem. 343 C. The Groundwater Problem. 349 D. The Problem of Federal Inconsistency. 351 III. LEGAL SOURCE PROBLEMS. 356 A. The Parens Patriae Problem. 356 B. The Hinderlider Problem. 357... |
2024 |
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Ylli Dautaj |
SOVEREIGN IMMUNITY FROM EXECUTION OF FOREIGN ARBITRAL AWARDS IN INDIA: THE "NEW" KID ON THE (SUPER) PRO-ARBITRATION BLOCK |
15 Penn State Arbitration Law Review 19 (2024) |
In the modern era, where there is close interconnection between different countries as far as trade, commerce and business are concerned, the principle of SOVEREIGN immunity can no longer be absolute in the way that it much earlier was. Countries who participate in trade, commerce and business with different countries ought to be subjected to... |
2024 |
Yes |
Teresa Scassa |
SOVEREIGNITY AND THE GOVERNANCE OF ARTIFICIAL INTELLIGENCE |
71 UCLA Law Review Discourse 214 (2024) |
This Essay explores the concept of SOVEREIGNty in relation to artificial intelligence. Although SOVEREIGNty has long been used to describe the status of nation states, the concept of SOVEREIGNty is used in multiple ways in the digital context. It is used to articulate state policies in relation to artificial intelligence (AI) and data, an assertion... |
2024 |
Yes |
Alexander L. Chen |
SOVEREIGNS' INTERESTS AND DOUBLE JEOPARDY |
110 Virginia Law Review 1955 (December, 2024) |
In the 2019 case of Gamble v. United States, the Supreme Court upheld the dual SOVEREIGNty doctrine, reiterating that the Double Jeopardy Clause only bars successive or concurrent prosecutions by the same SOVEREIGN. When, therefore, a criminal defendant has violated the laws of two SOVEREIGNs by the same act, regardless of how similar those laws... |
2024 |
Yes |
Alvin Padilla-Babilonia |
SOVEREIGNTY AND DEPENDENCE IN THE AMERICAN EMPIRE: NATIVE NATIONS, TERRITORIES, AND OVERSEAS COLONIES |
73 Duke Law Journal 943 (February, 2024) |
What justifies plenary powers over Native nations, U.S. territories, and overseas colonies? One answer is the text of the Constitution: the Indian Commerce Clause or the Territorial Clause. Another answer is SOVEREIGNty under international law. In this Article, I argue that these legalistic explanations overlook a third answer: that political and... |
2024 |
Yes |
Hon. Kostan R. Lathouris , CHIEF JUDGE OF THE LAS VEGAS PAIUTE TRIBAL COURT |
SOVEREIGNTY, JURISDICTION, AND LANDS MATTER |
32-FEB Nevada Lawyer 18 (February, 2024) |
The lights of a county law enforcement vehicle flashed in my rearview mirror. I had just left the reservation and was driving on a part of the road where everyone ignored the posted speed limits--unless, of course, there were donkeys wandering around. There were no donkeys that day. I was speeding, no question about it. So, I pulled over and waited... |
2024 |
Yes |
Nancy Fu |
SPEAKING AUTHORSHIP: HONORING INDIGENOUS LANGUAGE SOVEREIGNTY IN JOINT AUTHORSHIP DOCTRINES |
45 Cardozo Law Review 1613 (June, 2024) |
C1-2Table of Contents Introduction. 1614 I. Historical Treatment of Indigenous People and Languages in the United States. 1617 A. Legal Landscape of Federal Indigenous Law. 1620 B. Copyright Law, Oral Traditions, and Language. 1623 1. Interconnection Between Language, Oral Traditions, and Culture. 1623 2. Copyright Law Is in Tension with Indigenous... |
2024 |
Yes |
John M. Golden , Sanford Levinson |
SPLITTING THE ATOM OF FALSE SCIENTISM IN CONSTITUTIONAL LAW |
66 Arizona Law Review 1 (Spring, 2024) |
Metaphor can enlighten, but it can also mislead. This Article critiques two metaphors that have become powerful emblems of United States federalism: the split[ting] the atom of SOVEREIGNty metaphor introduced by Justice Kennedy and the states as laboratories of democracy metaphor attributed to Justice Brandeis. These metaphors shape legal and... |
2024 |
Yes |
Ernest A. Young |
STATE SOVEREIGN IMMUNITY AFTER THE REVOLUTION |
102 Texas Law Review 697 (March, 2024) |
The Supreme Court's 1996 decision in Seminole Tribe v. Florida opened an era of dramatic expansion of states' SOVEREIGN immunity from suits by private parties. Nationalist Justices vigorously contested that expansion, vowing that they would never accept Seminole Tribe's legitimacy or accord it stare decisis effect. In 2020, however, the unanimous... |
2024 |
Yes |
Anthony J. Bellia Jr. , Bradford R. Clark |
STATE SOVEREIGN IMMUNITY AND THE NEW PURPOSIVISM |
65 William and Mary Law Review 485 (February, 2024) |
Since the Constitution was first proposed, courts and commentators have debated the extent to which it alienated the States' preexisting SOVEREIGN immunity from suit by individuals. During the ratification period, these debates focused on the language of the citizen-state diversity provisions of Article III. After the Supreme Court read these... |
2024 |
Yes |
Caitlyn Lindstrom |
STATE TAXING POWER OVER TRIBAL LEASING ACTIVITY: BALANCING BRACKER WITH THE CALL TO MODERNIZE |
14 American University Business Law Review 407 (2024) |
Federal law operates on the premise that state jurisdiction does not interfere with American Indian jurisdiction, and it is generally accepted that states may not tax Indian entities or members. However, the Supreme Court held that there are circumstances in which states may extend taxation onto non-Indians residing on tribal lands. In cases where... |
2024 |
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Ethan J. Leib, Nora Donnelly |
STATUTORY INTERPRETATION IN THE 2020S: A VIEW OF THE CATHEDRAL |
97 Southern California Law Review Postscript 11 (2024) |
This Comment looks at eighty-seven statutory interpretation cases in the Supreme Court's docket over the 2020-2022 Terms to evaluate trends in how the nation's highest court reads statutes in the modern era. It concludes that the overarching story is neither a purely textualist one, nor one in which the liberal bloc is very often at odds with the... |
2024 |
|
Ada Montague Stepleton , Sapphire Carter |
STRANGE BEDFELLOWS: STATES, TRIBES, AND WATER RIGHTS |
47 Public Land & Resources Law Review 77 (2024) |
I. Introduction. 79 II. Research Process. 83 III. Legal Background. 84 A. General Overview of Reserved Indian Water Rights. 85 B. The Winters Doctrine. 85 C. McCarren Amendment. 88 D. State Water Administration Systems. 90 1. Prior Appropriation and Federally Reserved Indian Water Rights. 90 2. Riparian Rights and Federally Reserved Indian Water... |
2024 |
|
Stephen D. Earsom |
STRIKING BEFORE THE IRON IS HOT: HOW TRIBES IN THE EAST CAN ASSERT THEIR WINTERS RIGHTS TO PROTECT TRIBAL SOVEREIGNTY & MITIGATE CLIMATE CHANGE |
42 Virginia Environmental Law Journal 47 (2024) |
Federally recognized tribes have been denied access to their legal allotments of water for over two centuries through a combination of federal assimilation and annihilation programs, inequitable provision of irrigation systems by federal agencies, and hostile state governments. The Winters doctrine is leaned upon heavily by tribes in the western... |
2024 |
Yes |
Alexander Mallory |
STUDENTS FOR FAIR ADMISSIONS AND INDIAN COLLEGE ADMISSIONS |
60-AUG Arizona Attorney 40 (July/August, 2024) |
In June 2023, the United States Supreme Court issued Students for Fair Admissions Inc. v. President & Fellows of Harvard College (SFFA Decision) holding that Harvard College and the University of North Carolina violated the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act of 1964 by impermissibly using race... |
2024 |
|
Gabrielle Kolb, J.D. |
STUDENTS FOR FAIR ADMISSIONS, INC. v. UNIVERSITY OF NORTH CAROLINA AND HAALAND v. BRACKEEN: LESSONS ON THE FUTURE OF AFFIRMATIVE ACTION FOR NATIVE AMERICAN COLLEGE APPLICANTS |
20 University of Saint Thomas Law Journal 511 (Spring, 2024) |
In the summer of 2023, the United States Supreme Court decided two cases that may change the legal landscape for Native Americans hoping to benefit from affirmative action programs or tuition waiver programs in higher education. In the first case, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the Supreme Court... |
2024 |
|
Professor Ronnie R. Gipson Jr. |
TAIWAN'S DEMOCRACY, PEACE, AND SECURITY CAN BE SECURED BY PURCHASING THE STATE'S INDEPENDENCE FROM CHINA |
32 Michigan State International Law Review 253 (2024) |
Since the end of World War II, the status of Taiwan as an independent, SOVEREIGN state has been in a state of flux due to political machinations. For far too long the international community tolerated the political fiction that Taiwan was the true China; it was not. When Mao Zedong defeated Chiang Kai-Shek, who then retreated to Taiwan, Mao... |
2024 |
Yes |
Gregor A. MacGregor |
THE ACADEMY'S ROLE AT THE INTERSECTION OF ENVIRONMENTAL AND RESTORATIVE JUSTICE: PUTTING LAW INTO PRACTICE AT THE ACEQUIA ASSISTANCE PROJECT |
51 Northern Kentucky Law Review 125 (2024) |
When we think of environmental justice, we often think of the movement's genesis. In the fall of 1982, black residents and their allies in Warren County, North Carolina, marched for six weeks to protest the placement of a toxic waste landfill in their community. The Warren County controversy captured national attention in a way prior controversies... |
2024 |
|
Anthony Puntasecca |
THE AKWESASNE BLACK HOLE: AMERICA'S HIDDEN BORDER CRISIS |
56 University of Miami Inter-American Law Review 73 (Fall, 2024) |
I. Introduction. 74 II. Background. 76 A. History of Broken Promises and Land Appropriation. 76 B. Life on an International Border. 77 III. Summary of Relevant Law. 81 A. Early Treaties. 81 B. Dealing with Uncle Sam. 82 i. The Supreme Law of the Land. 83 ii. Between SOVEREIGN Entities. 85 C. Constitutional Monarchy. 88 IV. Analysis. 90 A. War on... |
2024 |
Yes |
Parker Reynolds |
THE CHICKEN OR THE EGG: THE PROPER ORDER OF ANALYSIS WHEN DETERMINING THE ENFORCEABILITY OF A DELEGATION CLAUSE AND THE BROADER ARBITRATION AGREEMENT IN CONSUMER CONTEXTS |
13 American University Business Law Review 165 (2024) |
I. Introduction. 166 II. Understanding the Dichotomy of Respecting Arbitration and Protecting Consumers. 168 A. The Basics of Arbitration and the FAA. 168 B. Expansion of the FAA and the Development Toward Deference. 171 C. Consumer Protections and the Lack Thereof. 174 D. The Brice Decision and its Clash with Sister Circuits. 176 III. Why the... |
2024 |
|
José Argueta Funes |
THE CIVILIZATION CANON: COMMON LAW, LEGISLATION, AND THE CASE OF HAWAIIAN ADOPTION |
71 UCLA Law Review 128 (January, 2024) |
Recently, scholars have uncovered many ways in which our traditional understandings of the U.S. Constitution have failed to grapple with American empire and colonialism. This work has shown that the nation's history of mistreating Indigenous peoples is constitutive of its legal order. In this Article, I provide evidence of a similar kind of... |
2024 |
|
M. Alexander Pearl |
THE CONSEQUENCES OF MYTHOLOGY: SUPREME COURT DECISIONMAKING IN INDIAN COUNTRY |
71 UCLA Law Review 6 (January, 2024) |
Ilanoli isht unowa. We tell our own stories. A single historical event has many stories. Although this nation's official chronicle expected and even hoped for Indigenous peoples to fade away, we are still here. Our histories are marked by resistance, survival, SOVEREIGNty, and renaissance. Only now, in the later stages of the American experiment,... |
2024 |
Yes |
Guy-Uriel E. Charles , Luis Fuentes-Rohwer |
THE CONSTITUTION OF DIFFERENCE |
137 Harvard Law Review Forum 133 (January, 2024) |
The result of what has been said is that whilst in an international sense Porto Rico was not a foreign country, since it was subject to the SOVEREIGNty of and was owned by the United States, it was foreign to the United States in a domestic sense, because the island had not been incorporated into the United States, but was merely appurtenant... |
2024 |
Yes |
Christopher R. Rossi |
THE CRITICAL DATE AND THE DISPUTE OVER ISLANDS IN THE STRAIT OF HORMUZ: ABU MUSA AND THE TUNBS |
25 Oregon Review of International Law 1 (2024) |
Abstract. 1 Introduction. 2 I. The Power Vacuum. 9 II. Territorializing a Civilizational Unit. 13 A. Place Naming and Toponomy. 16 B. Toponymic Hearsay. 19 III. Periodizing SOVEREIGNty, Uti Possidetis, and the Critical Date. 20 A. Square Pegs, Round Holes, and the Southernmost Palm Tree. 23 B. Historical Claims. 27 C. The Unfitting Metaphor of the... |
2024 |
Yes |
Shantal Pai |
THE EFFECT OF HISTORICAL TRIBAL POLICY AND PROPERTY RIGHTS ON ENVIRONMENTAL REGULATION |
39-SUM Natural Resources & Environment 47 (Summer, 2024) |
Before there were Europeans in the United States, there were Indigenous people. They governed independently through sophisticated governments that included tribal laws, cultural traditions, religious customs, and societal systems. Native American nations treated each other as SOVEREIGN governments, often negotiating treaties with each other to... |
2024 |
Yes |
Annika Krafcik |
THE FIGHT AGAINST GRAPHITE: WHAT TRIBAL OPPOSITION TO A MINE IN ALASKA TEACHES US ABOUT THE IMPORTANCE AND LIMITATIONS OF CONSULTATION IN THE GREEN TRANSITION |
42 UCLA Journal of Environmental Law & Policy 321 (2024) |
C1-3Table of Contents I. Introduction. 323 II. Background on Mining for Transition Minerals in the U.S. 331 A. Why the Domestic Push to Mine for Transition Minerals. 331 B. Disproportionate Impacts of Mining for Transition Minerals on Indigenous Peoples. 334 C. Environmental Impacts of Mining for Transition Minerals. 336 D. U.S. Policy Driving... |
2024 |
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John E. Echohawk |
THE FUTURE OF NATIVE AMERICAN CIVIL RIGHTS |
49 Human Rights 2 (2024) |
I was very honored to receive the Thurgood Marshall Award at the ABA Annual Meeting in Denver, Colorado, in August 2023. It was recognition of me and of the Native American Rights Fund, the nonprofit national Indian legal defense fund that I have worked for over the past 53 years, serving consecutively as executive director since 1977. All of our... |
2024 |
|
John Beaty |
THE IMPACT OF THE INFLATION REDUCTION ACT ON ENERGY JUSTICE AND GREEN ENERGY DEVELOPMENT IN INDIAN COUNTRY |
12 LSU Journal of Energy Law & Resources 1 (Winter, 2024) |
C1-2Table of Contents Introduction. 3 I. Green Energy Development and Energy Justice in Indian Country. 5 A. Indian Country's Electrical Infrastructure is Underdeveloped. 6 B. Indian Country has a Wealth of Undeveloped Renewable Energy Resources. 9 C. There is a Long History of Exploitation of Tribal Energy Resources. 9 D. Climate Change Will... |
2024 |
|
Mia Gratacos-Atterberry |
THE IMPOSSIBILITY OF SETTLER COLONIALISM AND ITS INFLUENCE ON THE SUPREME COURT |
42 Quinnipiac Law Review 455 (2024) |
This Note will argue that the Supreme Court's treatment of Indigenous Nations and their tribal SOVEREIGNty has always been inconsistent and incoherent because of the pervasive structure of settler colonialism. Despite the genocide carried out against Indigenous peoples in the United States, their continued presence and exercise of tribal... |
2024 |
Yes |
Rachel Yost |
THE INDIAN CHILD WELFARE ACT, POLITICAL CLASSIFICATION OF "INDIANS," AND PRESERVATION OF TRIBAL SOVEREIGNTY: CHILDREN, THE MOST PRECIOUS RESOURCE |
48 American Indian Law Review 43 (2023-2024) |
Throughout the United States' history, Congress has consistently regulated Indian affairs as a matter of tribal political SOVEREIGNty, not as a matter of race. The Constitution itself enforces the use of political classification for Indians through Congress' power to regulate Commerce, and make Treaties with Indian tribes. Furthermore, the... |
2024 |
Yes |
Eric Eisner |
THE LAW-OF-NATIONS ORIGINS OF THE MARSHALL TRILOGY |
133 Yale Law Journal 998 (January, 2024) |
Federal Indian law is sometimes seen as a purely domestic part of American law, but its origins are in the law of nations. The Marshall Trilogy--Johnson v. M'Intosh, Cherokee Nation v. Georgia, and Worcester v. Georgia, three Supreme Court decisions authored by Chief Justice Marshall that are foundational for American federal Indian law--relied on... |
2024 |
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Daniel E. Walters |
THE MAJOR QUESTIONS DOCTRINE AT THE BOUNDARIES OF INTERPRETIVE LAW |
109 Iowa Law Review 465 (January, 2024) |
ABSTRACT: The Supreme Court's apparent transformation of the major questions doctrine into a clear statement rule demanding clear congressional authorization for major agency actions has already had, and will continue to have, wide-ranging impacts on American public law. Not the least of these is the impact it will have on the enterprise of... |
2024 |
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John Stack |
THE MISSISSIPPI RIVER BASIN COMPACT: A NEW GOVERNANCE STRUCTURE TO SAVE THE MISSISSIPPI RIVER |
108 Minnesota Law Review 2703 (May, 2024) |
The Mississippi River is one of the most significant and yet one of the most imperiled water bodies in the United States. It faces a myriad of problems, from rampant pollution, widespread flooding, wildlife habitat loss, and considerable droughts. Indeed, this is a critical time for the Mississippi River. Fall of 2023 saw River levels drop to... |
2024 |
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Julnasha Morehead |
THE NEED FOR ANTIRACIST EDUCATION AMID TRENDS TOWARD TOTALITARIANISM AND A CONSTITUTIONAL CRISIS |
18 DePaul Journal for Social Justice 1 (Autumn, 2024) |
Narratives from the past play a vital role in shaping our present and future. Attacks on diversity in education, the workplace, and general society highlight the intent of legislators to silence diverse historical realities and supplant tired tropes that serve to divide and concentrate power. Anti-diversity legislation with titles such as Stop... |
2024 |
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Gregory Ablavsky |
THE ORIGINAL MEANING OF COMMERCE IN THE INDIAN COMMERCE CLAUSE |
56 Connecticut Law Review 1013 (May, 2024) |
In Haaland v. Brackeen. the Supreme Court returned to the foundational question of federal authority over relations between the United States and Native nations, long known as Indian affairs. The decision reaffirmed well-established precedent affirming broad federal authority in the area, but it also underscored ongoing disagreement, as Justices... |
2024 |
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Jasmine E. Harris |
THE POLITICAL ECONOMY OF CONSERVATORSHIP |
71 UCLA Law Review 1364 (December, 2024) |
Conservatorship, though viewed as a private law device, has always operated as a tool of public governance, social control, and resource extraction through the manipulation of the legal category of disability. This Article places a well-accepted Anglo-American history of conservatorship in probate law in conversation with its historical deployment... |
2024 |
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Shobita Parthasarathy, Ford School of Public Policy, University of Michigan, Ann Arbor, Michigan, USA; email: shobita@umich.edu |
THE POLITICS OF EXPERTISE IN GENOMICS POLICY AND LAW |
20 Annual Review of Law and Social Science 237 (2024) |
genomics, expertise, bioethics, innovation, patents, data SOVEREIGNty Genomics and biotechnology have generated controversy for decades, about the moral limits of tinkering with and commodifying life, the boundary between nature and technology, the respectful treatment of research participants, and the proper evaluation of emerging technologies.... |
2024 |
Yes |
Charles H. Norchi |
THE PUBLIC ORDER OF THE ARCTIC: PROBLEMS AND PROSPECTS |
29 Ocean and Coastal Law Journal 171 (January, 2024) |
Introduction I. Order II. Prospects III. Futures This special issue of the Ocean and Coastal Law Journal (OCLJ) appraises the present and future of a region that is critically important for our planet: the Arctic. It is where climate change is intensely observed, the effects experienced, and no part of the planet remains untouched. The Arctic is... |
2024 |
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James G. Dwyer |
THE REAL WRONGS OF ICWA |
69 Villanova Law Review 1 (2024) |
Haaland v. Brackeen rejected federalism-based challenges to the Indian Child Welfare Act (ICWA) but signaled receptivity to future challenges based on individual rights. The adult-focused rights claims presented in Haaland, however, miss the mark of what is truly problematic about ICWA. This Article presents an in-depth, children's-rights based... |
2024 |
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Shana Birly , Angela Teeple , Judy Illes |
THE REALIZATION OF PORTABLE MRI FOR INDIGENOUS COMMUNITIES IN THE USA AND CANADA |
52 Journal of Law, Medicine & Ethics 816 (Winter 2024) |
Keywords: Neuroimaging, Health Equity, Neuroethics, Diversity, Neurodegeneration, Indigenous Abstract: The paucity of existing baseline data for understanding neurologic health and the effects of injury on people from Indigenous populations is causally related to the limited representation of communities in neuroimaging research to date. In this... |
2024 |
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