| Author | Title | Citation | Summary | Year | Key Terms |
| Dana Zartner, Aparna Venkatesan, John Barentine |
THE RIGHT TO THE NIGHT: NEW LEGAL ADVOCACY STRATEGIES TO ADDRESS TERRESTRIAL LIGHT POLLUTION |
48-FALL Environs Environmental Law and Policy Journal 30 (Fall, 2024) |
We are losing the night. While this may seem like a strange statement, it reflects a growing reality that could severely impact many living things on Earth. The global spread of electric lights, combined with the round-the-clock nature of life and the launch of thousands of satellites, has rapidly lightened our world. Light pollution has... |
2024 |
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| Steffen Seitz |
THE RULE OF LENITY AND AFFIRMATIVE DEFENSES |
102 Washington University Law Review 427 (2024) |
The rule of lenity is undergoing a renaissance. Lenity requires courts to construct ambiguous penal statutes narrowly. In recent years, scholars have sought to reinvigorate lenity as an important tool for combatting the American crisis in overcriminalization. At the same time, the Supreme Court has issued a series of decisions debating the breadth... |
2024 |
|
| Michele Statz, PhD |
THE SCANDAL OF PARTICULARITY: A NEW APPROACH TO RURAL ATTORNEY SHORTAGES AND ACCESS TO JUSTICE |
69 South Dakota Law Review 396 (2024) |
This article adds necessary dimension to prevailing understandings of the rural attorney shortage and proposed solutions to it. These solutions include efforts to recruit and retain rural attorneys; to advance non-lawyer practitioners; and to create distance-spanning rural access to justice technologies. While many of these initiatives are based... |
2024 |
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| S. James Anaya |
THE SIGNIFICANCE OF THE UN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES |
118 AJIL Unbound 134 (2024) |
Rabiat Akande's article, An Imperial History of Race-Religion in International Law, persuasively demonstrates the interplay of racial and religious discrimination both historically and today, and argues that this race-religious nexus is not now adequately addressed by international law. Featured in the article is a historical account of the early... |
2024 |
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| Jerri L. Cook |
THE SPACE BETWEEN BIRTHRIGHT AND BLOOD QUANTUM |
97-JUN Wisconsin Lawyer 20 (June, 2024) |
Until 1974, the father's name was not included on birth certificates of children born in Wisconsin to unwed parents. This practice has particularly serious ramifications for Indigenous children who would otherwise qualify for tribal enrollment. Wisconsin lawyers can help bridge the gap between birthright and the fiction of blood quantum... |
2024 |
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| Meg A. Bloom |
THE SPLIT FROM PRECEDENT: AN ANALYSIS OF THE NEGATIVE IMPACT OKLAHOMA v. CASTRO-HUERTA WILL HAVE IN INDIAN COUNTRY |
48 American Indian Law Review 1 (2023-2024) |
For many years, the American Indian population has led the charts in rates of substance use disorders compared to other racial and ethnic groups. Combined data from 2003 to 2011 indicate that American Indians or Alaska Natives were more likely than persons from other racial/ethnic groups to have needed treatment for substance use. Similarly, a... |
2024 |
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| Travis Crum |
THE UNABRIDGED FIFTEENTH AMENDMENT |
133 Yale Law Journal 1039 (February, 2024) |
In the legal histories of Reconstruction, the Fifteenth Amendment is usually an afterthought compared to the Fourteenth Amendment. This oversight is perplexing: the Fifteenth Amendment ushered in a brief period of multiracial democracy and laid the constitutional foundation for the Voting Rights Act of 1965. This Article helps to complete the... |
2024 |
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| Pat Sekaquaptewa, Grace Carson |
THERE IS MORE TO THE STORY--YOU MAY THINK YOU KNOW WHAT IS GOING ON WITH CIRCLE PEACEMAKING, BUT ALASKA NATIVES HAVE OTHER IDEAS |
30 Dispute Resolution Magazine 17 (January, 2024) |
Restorative practices have been practiced by Native communities since time immemorial. It is these restorative practices that Western systems have looked to when attempting to implement their own restorative justice systems. But Indigenous restorative practices are not only a process that Native communities engage in after harm has taken place,... |
2024 |
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| Kraz Greinetz |
THIS SHEEP COMES AS A WOLF: WHY THE "LAWSUIT LOOPHOLE" TAKES THE BITE OUT OF THE MAJOR QUESTIONS DOCTRINE AND HOW TO FIX IT |
17 NYU Journal of Law & Liberty 343 (2024) |
C1-2Contents Introduction. 344 I. Major Questions Doctrine and its Relation to Statutory Interpretation. 346 A. What is the Major Questions Doctrine. 346 B. MQD's Uncertain Relationship to Statutory Interpretation. 348 C. MQD Would Apply in All Cases if It Was a Textual Canon. 352 D. MQD Would Apply in Lawsuits if It Was a Canon of Constitutional... |
2024 |
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| Kari Millstein |
THOSE WE FORGET: NEPA DOES NOT PROTECT REMOTE ALASKA NATIVE COMMUNITIES FROM EXPLOITATION BY RESOURCE EXTRACTION COMPANIES |
26 Vermont Journal of Environmental Law 1 (Fall, 2024) |
PRECIS. 2 I. BACKGROUND. 4 A. Extraction Projects are Especially Dangerous to Indigenous Communities. 4 B. Unique Legal Positions of Alaska. 6 C. Environmental Justice for Indigenous Americans. 9 D. Sorting out NEPA and Regulations Regarding EISs. 11 II. WHY THE WILLOW PROJECT'S EIS IS INADEQUATE. 12 A. The EIS for the Willow Project Fails to... |
2024 |
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| Ed Hermes , Kelsey Haake |
THREE STATUTES TRIBES CAN CONSIDER ADOPTING TO PROMOTE ECONOMIC DEVELOPMENT AND EXERCISE SOVEREIGNTY |
60-AUG Arizona Attorney 28 (July/August, 2024) |
As Indigenous communities assert their SOVEREIGNty and self-governance, adopting legal frameworks tailored to fit their unique needs and aspirations becomes increasingly imperative. This article explores three statutes that some tribes have adopted to promote economic development on their lands: secured transaction laws, zoning ordinances, and... |
2024 |
Yes |
| Katy Rotzin |
TODAY'S PIRATES: BIOPIRACY, BIOTECH, AND THE INTERNATIONAL FRAMEWORKS THAT ARE NOT UP TO THE CHALLENGE |
15 UC Law Science and Technology Journal 1 (February, 2024) |
This paper analyzes biopiracy and its effects on Indigenous populations through case studies on specific incidences of biopiracy, and an analysis of modern day agro-neocolonialism, seed piracy, and advances in biotech that are changing modern patent landscapes. This paper suggests that current international frameworks are failing to defend against... |
2024 |
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| Bryce Drapeaux |
TOWARDS A MORE MEANINGFUL FUTURE: AN INDIAN CHILD WELFARE LAW FOR SOUTH DAKOTA |
69 South Dakota Law Review 119 (2024) |
Historically, the relationships between American Indian tribes and the states have been predominately antagonistic. In 1978, Congress attempted to remediate some of the effects of this antagonism by passing the Indian Child Welfare Act (ICWA) to specifically combat the state-sponsored destruction of Indian families and the wholesale removal of... |
2024 |
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| Jeff M. Brown |
TRAILBLAZER: KATHRYN TIERNEY ARGUED LANDMARK TRIBAL CASES |
97-JUN Wisconsin Lawyer 59 (June, 2024) |
Kathryn Tierney has practiced tribal law for 50 years. Along the way, she's argued two landmark federal cases and mentored many female tribal attorneys. Kathryn Tierney's first brush with tribal law came during one of the biggest criminal cases of the 1970s: the federal government's prosecution of American Indian Movement members Russell Means and... |
2024 |
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| Samuel Winder |
TRIAL BY AMBUSH: THE PROSECUTION OF INDIANS IN FEDERAL COURT |
57 Loyola of Los Angeles Law Review 469 (Spring, 2024) |
This Article addresses the Federal Rules of Criminal Procedure's unjust impact in the prosecution of Indians in federal court. As the rules of engagement used by federal prosecutors and defense attorneys in federal court when prosecuting Indians under the Major Crimes Act and the General Crimes Act, the Federal Rules of Criminal Procedure differ... |
2024 |
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| Kekek Jason Stark |
TRIBAL COURT JURISDICTION AND THE EXHAUSTING NATURE OF FEDERAL COURT INTERFERENCE |
92 University of Cincinnati Law Review 701 (2024) |
C1-3Contents I. Introduction. 703 II. Background Doctrines. 704 A. Tribal SOVEREIGNty. 704 B. Tribal Self-Government. 705 C. Tribal Exhaustion. 706 III. Tribal Jurisdiction. 710 A. Determining Tribal Jurisdiction Pursuant to Tribal Customary Law. 711 1. Reciprocal Relations. 711 a. Means v. District Court of the Chinle Judicial District, 2 Am.... |
2024 |
Yes |
| Kristie Kargus |
TRIBAL IMMUNITY IS DYING: THE INTERSECTION OF BANKRUPTCY AND FEDERAL INDIAN LAW |
58 New England Law Review 309 (Spring, 2024) |
For centuries, Native American nations have compromised with the United States government, frequently sacrificing their freedom and immunity from most lawsuits. Over time, tribes negotiated certain powers away, including land, prosecution power, taxing power, and immunities. All three branches of government have collaborated with tribes throughout... |
2024 |
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| Adam Crepelle |
TRIBAL LAW: IT'S NOT THAT SCARY |
72 Buffalo Law Review 547 (April, 2024) |
Tribal law is often presented in a negative light. Indeed, the Supreme Court's skepticism about tribal law has resulted in severe limitations on tribal jurisdiction. This Article challenges perceptions of tribal law by surveying tribal law. While tribal law does rely on tribal customs, tribal law is largely consistent with mainstream American law.... |
2024 |
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| Elizabeth Hidalgo Reese |
TRIBAL REPRESENTATION AND ASSIMILATIVE COLONIALISM |
76 Stanford Law Review 771 (April, 2024) |
Abstract. There are 574 federally recognized domestic dependent tribal nations in the United States. Each tribe is separate from its respective surrounding state(s) and governs itself. And yet, none of them have the power to send representatives to Congress. Our democratic representative structures function as if tribal governments and the... |
2024 |
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| Justin Desjardins |
TRIBAL SOVEREIGNTY & SOVEREIGN IMMUNITY IN BANKRUPTCY |
101 Washington University Law Review 1735 (2024) |
In July 2019, Brian Coughlin borrowed $1,100 from a payday lender named Lendgreen. Later that year, Mr. Coughlin filed for bankruptcy and listed his outstanding balance of about $1,600 owed to Lendgreen among his debts. Debt collection during a bankruptcy case is prohibited by the Bankruptcy Code's automatic stay. Despite the stay, Lendgreen... |
2024 |
Yes |
| Anthony Hernandez |
TRIBAL TRADEMARK LAW |
76 Stanford Law Review 661 (March, 2024) |
Abstract. Native American tribes are increasingly creating their own intellectual and cultural property statutes. Of all the new legislation, tribal trademark law in particular is an engaging yet understudied area. By studying tribal trademark law, it becomes possible to evaluate the nature and scope of tribal SOVEREIGNty. And studying tribal... |
2024 |
Yes |
| Frances Williamson |
TRIBAL WATER RIGHTS: PRIVATE LAW ALTERNATIVES TO THE FEDERAL TRUST DOCTRINE |
61 San Diego Law Review 407 (May-June, 2024) |
C1-2Table of Contents Abstract. 408 I. Introduction. 408 II. History and Background of Tribal Water Rights. 412 A. Tribal Waters and the Western Drought. 412 B. The Winters Doctrine. 415 C. The Quantification of Tribal Water Rights. 418 D. The Legal Issues with Tribal Water Rights. 422 III. Water Rights as Within the Federal Trust. 426 A. The... |
2024 |
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| Samuel Joyce |
TRIBAL WATER SOVEREIGNTY: AUTHORIZING INDIAN WATER MARKETING IN THE COLORADO BASIN |
35 Stanford Law and Policy Review 161 (February, 2024) |
In January 2023, Congress passed the Colorado River Indian Tribes Water Resiliency Act, authorizing the Colorado River Indian Tribes to lease part of its Colorado River water allocation to off-reservation users. The law grants the Colorado River Indian Tribes some of the rights that are already enjoyed by private water users, and creates an... |
2024 |
Yes |
| Adam Crepelle |
TRIBES AND AI: POSSIBILITIES FOR TRIBAL SOVEREIGNTY |
25 Duke Law & Technology Review 1 (9/29/2024) |
Artificial Intelligence (AI) has permeated every facet of modern existence. Governments across the globe are exploring its applications and attempting to establish regulatory frameworks. Numerous scholars have proffered recommendations for governing AI at the local, national, and international levels. However, as is often the case, Indian tribes... |
2024 |
Yes |
| Alexandra Fay |
TRIBES AND TRILATERAL FEDERALISM: A STUDY OF CRIMINAL JURISDICTION |
56 Arizona State Law Journal 53 (Spring, 2024) |
This Article uses criminal jurisdiction to describe tribal political status in our national constitutional order. In 2022, Congress and the Supreme Court altered the already byzantine scheme of criminal jurisdiction on tribal land through the Reauthorization of the Violence Against Women Act (VAWA) and Oklahoma v. Castro-Huerta, respectively. By... |
2024 |
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| Robin Kundis Craig |
TRIBES AND WATER IN THE WAKE OF NAVAJO NATION AND SACKETT: TREATIES, WINTERS, MONTANA, AND RIGHTS OF NATURE |
48 William and Mary Environmental Law and Policy Review 687 (Spring, 2024) |
Freshwater resources in the United States face a variety of stressors, including drought, flooding, and climate change-driven shifts in precipitation, that exacerbate both water quality problems and drinking water crises. In the midst of these increasing issues regarding both water quality and quantity (allocation), Tribes are playing an ever more... |
2024 |
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| Emily J. Stolzenberg |
TRIBES, STATES, AND SOVEREIGNS' INTEREST IN CHILDREN |
102 North Carolina Law Review 1093 (May, 2024) |
Haaland v. Brackeen, last year's unsuccessful Supreme Court challenge to the Indian Child Welfare Act (ICWA), trumpeted a critique made consistently over the statute's forty-five-year history: that ICWA harms Indian children by subordinating their interests to their tribes' interests, unlike State family law, which pursues the best interests of... |
2024 |
Yes |
| Katherine Baker, Rose Athena Collins |
TRUST THE PROCESS: INTERIOR PROMISES FINAL RULE WILL STREAMLINE TRIBAL TRUST LAND ACQUISITIONS |
40 Practical Real Estate Lawyer 19 (9/1/2024) |
The administrative process by which tribal nations obtain trust status for land to conduct off-reservation gaming or other activities has been criticized by some as cumbersome, lengthy, and overly burdensome. With recently implemented amendments to 25 Code of Federal Regulations (CFR) part 151, the Biden Administration seeks to make this process... |
2024 |
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| Michael Moffitt |
TRUTH. REGARDLESS OF RECONCILIATION? |
24 Nevada Law Journal 1071 (Spring, 2024) |
Formal responses to historical injustices have typically taken one of two fundamental forms in the past hundred years. The first form is familiar to legal systems--a retributive process in which an adjudicative body measures the conduct of alleged wrongdoers against some set of established standards (think Nuremberg Trials). The second form is... |
2024 |
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| Marina Berardino |
TWO IS NOT ALWAYS BETTER THAN ONE: CONCURRENT CRIMINAL JURISDICTION IN INDIAN COUNTRY AND THE WITHERING OF TRIBAL SOVEREIGNTY FOLLOWING MCGIRT AND CASTRO-HUERTA |
108 Minnesota Law Review 2099 (April, 2024) |
There is a violence epidemic plaguing the Native American population across the country. Native women are disproportionality victimized by both sexual and non-sexual violence--over eighty-five percent of Native women are expected to be victims of intimate partner violence, stalking, or sexual violence at some point in their life. Most often, the... |
2024 |
Yes |
| Christopher E. Smith , Charles F. Jacobs |
UNDERREPRESENTATION AND EXCLUSION FROM INFLUENCE ON THE U.S. SUPREME COURT: SENIOR ASSOCIATE JUSTICES AND THE OPINION-ASSIGNMENT POWER |
27 Journal of Gender, Race and Justice 383 (Spring, 2024) |
I. Introduction. 383 II. Data From the Supreme Court Judicial Database. 386 III. The Unrepresentative Judiciary. 388 A. Historical Background. 388 B. The Impact of Diversity. 390 IV. Opinion-Assignment Authority. 393 A. Uneven Distribution of Opportunities for Influence. 393 B. Majority Opinions Assigned by Women and African-American Justices. 400... |
2024 |
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| Sarah Roubidoux Lawson |
UNDERSTANDING RECENT CHANGES TO THE BUREAU OF INDIAN AFFAIRS FEE-TO-TRUST REGULATIONS |
71-SUM Federal Lawyer 16 (Summer, 2024) |
In December 2023, the Bureau of Indian Affairs (BIA) made significant revisions to its land acquisition regulations (also known as the fee-to-trust or FTT process), as published in the Federal Register (88 FR 86249). These regulations were final as of January 2024. According to the BIA, the changes are intended to make the fee-to-trust process... |
2024 |
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| Riley J. Gutierrez |
UNINCORPORATED: A CASE FOR AMERICAN SAMOA THROUGH THE FOG OF THE INSULAR CASES |
18 Liberty University Law Review 641 (Spring, 2024) |
For over a century, American Samoa has been an unincorporated territory of the United States. Due to its unincorporated status, its inhabitants lack U.S. constitutional citizenship under the Fourteenth Amendment. Congress has further failed to pass legislation granting statutory birthright citizenship to American Samoans, setting American Samoa... |
2024 |
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| Caroline Ritter |
UNITED STATES SUPREME COURT |
27 University of Denver Water Law Review 101 (Spring, 2024) |
Arizona v. Navajo Nation, 143 S. Ct. 1804 (2023) (holding that although the 1868 treaty Between the United States of America and the Navajo Tribe of 1868 reserved necessary water to fulfill the purpose of the Navajo Reservation, it contained no duty-imposing language for the United States to the Navajo tribe to take affirmative steps to secure... |
2024 |
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| Eric Ramoutar |
UNPRINCIPLED PREEMPTION: WHY THE SUPREME COURT WAS WRONG IN OKLAHOMA v. CASTRO-HUERTA TO ABANDON EXCLUSIVE FEDERAL JURISDICTION OVER CRIMES BY NON-INDIANS AGAINST INDIANS IN INDIAN COUNTRY |
48 American Indian Law Review 115 (2023-2024) |
The division of criminal jurisdiction in Indian Country has been a source of controversy since the earliest days of the republic. The contemporary arrangement is the product of a complex interaction between treaties, federal statutes, and common law gloss. Since 1881, the prevailing understanding has been that while states have jurisdiction to... |
2024 |
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| Cosmas Emeziem |
UNTOUCHABLE SOVEREIGN DEBTS: TOWARDS A NEW MODEL OF TRANSITIONAL JUSTICE AND GLOBAL FINANCE |
52 Georgia Journal of International and Comparative Law 333 (2024) |
C1-2Table of Contents I. Introduction. 335 II. Foundation and Contexts of Transitional Justice and SOVEREIGN Debts. 341 A. Transitional Justices. 341 1. Nature and Norms. 342 2. Africa and Transitional Justice. 347 B. SOVEREIGN Debts. 351 1. Basic Principles. 351 2. Africa and SOVEREIGN Debts. 354 III. SOVEREIGN Debts And Transitional Justice:... |
2024 |
Yes |
| Christophe Courchesne , Mia Montoya Hammersley , Mark James |
UPDATING THE ENVIRONMENTAL LAW TOOLKIT FOR A COMPLEX FUTURE |
49 Vermont Law Review 147 (Winter 2024) |
Introduction. 147 I. A New Era for Federal Environmental Law. 149 II. Importance of Quantitative Literacy. 150 III. Importance of Native American Legal Perspectives. 152 IV. Teaching Integrity of Climate Solutions. 153 V. Teaching the Full Environmental Law Toolkit. 154 |
2024 |
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| Paul-Angelo dell'Isola |
UPHOLDING COMMUNITY INTERESTS WITH ABSOLUTE OBLIGATIONS: A COMPARISON OF THE CONVENTION ON BIOLOGICAL DIVERSITY AND HUMAN RIGHTS TREATIES |
45 University of Pennsylvania Journal of International Law 1145 (Summer, 2024) |
International law traditionally did not concern itself with States' treatment of individuals, flora, or fauna subject to their jurisdictions. Contemporary international law does. International law recognizes the protection of human rights and the biosphere as community interests, interests that transcend States' interests and demand international... |
2024 |
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| Heather Erb, Kristin Peterson, Brittany Sunshine, Gregory Sunshine, The CDC COVID-19 Vaccine Task Force Federal Entities Team |
UPHOLDING TRIBAL SOVEREIGNTY IN FEDERAL, STATE, AND LOCAL EMERGENCY VACCINE DISTRIBUTION PLANS |
52 Journal of Law, Medicine & Ethics 31 (Spring, 2024) |
Keywords: Tribes, Vaccine, Equity, COVID-19, Preparedness Abstract: Cross jurisdictional collaboration efforts and emergency vaccine plans that are consistent with Tribal SOVEREIGNty are essential to public health emergency preparedness. The widespread adoption of clearly written federal, state, and local vaccine plans that address fundamental... |
2024 |
Yes |
| Lawrence J. Altman |
US SUPREME COURT'S JUNE 2023 RULING CONCLUDES INDIAN CHILD WELFARE ACT OF 1978 IS CONSTITUTIONAL |
80 Journal of the Missouri Bar 242 (November-December, 202) |
Editor's Note: The Journal of The Missouri Bar follows Associated Press Style, which recommends the term Native American. In June 2023, the U.S. Supreme Court issued a ruling in Haaland, Secretary of the Interior v. Brackeen that discussed Native Americans' rights under the Indian Child Welfare Act of 1978 (ICWA). This federal law determines the... |
2024 |
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| Daniel Messier |
W. FLAGLER ASSOCS., LTD. v. HAALAND: THE D.C. CIRCUIT PARLAYS THE INDIAN GAMING REGULATORY ACT INTO SPORTS BETTING |
31 Sports Lawyers Journal 123 (Spring, 2024) |
I. Overview. 123 II. Background. 124 III. Court's Decision. 127 IV. Analysis. 132 V. Conclusion. 136 |
2024 |
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| Elena Chang |
WAI EA: RESTORING HAWAI'I'S PUBLIC TRUST AND RECLAIMING LAHAINA'S WATER FUTURE |
46 University of Hawaii Law Review 366 (Spring, 2024) |
I. Introduction. 367 II. The Legacy of Plantation Disaster Capitalism in Lahaina. 375 A. The Dewatering of Lahaina's Abundant Landscape. 377 B. State-Aided Disaster Capitalism. 385 III. Restoring Hawai'i's Public Trust. 396 A. Decisionmakers Confound Balance in the Struggle to Effectuate Hawai'i's Public Trust. 397 B. Restorative Environmental... |
2024 |
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| Oona A. Hathaway, Maggie M. Mills, Thomas M. Poston |
WAR REPARATIONS: THE CASE FOR COUNTERMEASURES |
76 Stanford Law Review 971 (May, 2024) |
Abstract. Who pays for the terrible destruction wrought by war? This problem is far from new, but it is currently receiving renewed attention as a result of the war in Ukraine. The options currently available to states that are the victims of unlawful wars in the postwar era are limited. For Ukraine, some have proposed addressing this shortfall by... |
2024 |
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| Kelly Bridges |
WATER SECURITY IN THE WAKE OF ARIZONA v. NAVAJO NATION: HOW THE PRESIDENT'S EMERGENCY POWERS CAN PROVIDE A PATH FORWARD FOR THE NAVAJO NATION |
2024 University of Chicago Legal Forum 399 (2024) |
In 2023, the Supreme Court decided Arizona v. Navajo Nation, finding that the United States government does not have an affirmative duty to ensure the Navajo Nation's water security. The decision offers the Navajo two paths forward for relief: the tribe can either litigate specific water rights claims in the Colorado River Basin or lobby the... |
2024 |
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| Garrett I. Halydier |
WE(ED) HOLD THESE TRUTHS TO BE SELF-EVIDENT: ALL THINGS CANNABIS ARE INEQUITABLE |
19 University of Massachusetts Law Review 39 (Winter, 2024) |
Current approaches to social equity in the cannabis industry continue to fail to promote racial equity while simultaneously exacerbating gender, environmental, and other inequities. To better understand the structural dynamics underlying this phenomenon, I first present a multi-disciplinary recounting of not only the racial inequities, but also the... |
2024 |
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| Samantha Rice |
WHAT ARE THE ODDS? A COMMENT ON THE SEMINOLE TRIBE OF FLORIDA'S ABILITY TO HOLD EXCLUSIVE GAMING RIGHTS IN FLORIDA |
34 Marquette Sports Law Review 585 (Spring, 2024) |
The Seminole Tribe of Florida (Seminoles) has, and continues, to play an important role in the power of Indian SOVEREIGNty and the origin and development of Indian gaming in the United States. The Tribal gaming industry has expanded greatly under the enactment of the Indian Gaming Regulatory Act (IGRA). This Act allows Indian Tribes to conduct... |
2024 |
Yes |
| Seth Barrett Tillman |
What Court (If Any) Decided Ex Parte Merryman?--A Correction for Justice Sotomayor (and Others) |
13 British Journal of American Legal Studies 43 (Spring, 2024) |
In her 2022 Katzmann Lecture, Justice Sotomayor stated: [O]nly twice in our history have presidents ignored Supreme Court rulings-- imagine that--in two hundred years of history. First, Andrew Jackson permitted states to displace Indians from their SOVEREIGN lands and gave them federal support to do so in direct contravention of the Supreme Court's... |
2024 |
Yes |
| Diane Marie Amann |
WHAT FIGURES LURK ON MADAME ELYSÉ'S PATH? REFLECTIONS ON PHILIPPE SANDS' THE LAST COLONY |
38 Temple International and Comparative Law Journal 91 (Spring, 2024) |
International law, Jeremy Bentham famously wrote, pertains to the mutual transactions between SOVEREIGNs as such, and not to any transactions which may take place between individuals. The English theorist's 1789 definition finds echo in words penned decades earlier, in French. War then is a relation, not between man and man, but between State... |
2024 |
Yes |
| Kate Yoon |
WHEN THE SOVEREIGN CONTRACTS: TROUBLING THE PUBLIC/PRIVATE DISTINCTION IN INTERNATIONAL LAW |
133 Yale Law Journal 2101 (April, 2024) |
Under current foreign SOVEREIGN immunity doctrine, SOVEREIGNs are not immune from suit when they engage in private acts, such as entering into contracts-- in other words, when they act as participants in, rather than regulators of, the market. This Note argues that the distinction between a state's public and private acts is far less stable and... |
2024 |
Yes |
| Sapphire Carter |
WHERE DO WE GO FROM HERE? NAVAJO NATION'S FIGHT FOR WATER |
48-FALL Environs Environmental Law and Policy Journal 71 (Fall, 2024) |
Bringing us here has made many of us die, also a great number of our animals. Our Grandfathers had no idea of living in any other place except our own land, and I don't think it is right for us to do what we were taught not to do. When the Navajo were first made, First Woman pointed out four mountains and four rivers that was to be our land. Our... |
2024 |
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