| Author | Title | Citation | Summary | Year | Key Terms |
| Jason Buhi |
CITIZENSHIP, ASSIMILATION, AND THE INSULAR CASES: REVERSING THE TIDE OF CULTURAL PROTECTIONISM AT AMERICAN SAMOA |
53 Seton Hall Law Review 779 (2023) |
Notwithstanding the gravity of American sovereignty, the people of American Samoa have maintained a distinctive way of life: the fa'a Samoa. This resiliency reflects that American Samoa is in many ways the most unique of the five U.S. territories, including the fact that its residents are the only Americans who do not automatically attain... |
2023 |
|
| Amy McMeeking |
CITIZENSHIP, SELF-DETERMINATION, AND CULTURAL PRESERVATION IN AMERICAN SAMOA |
70 UCLA Law Review 840 (September, 2023) |
Recent litigation about the Citizenship Clause's applicability in American Samoa exposes tensions between competing goals of inclusion, self-determination, and cultural preservation. The noncitizen national category and the Insular Cases are both legacies of a long tradition of racial exclusion in the United States, but their current significance... |
2023 |
|
| Michelle David |
CLEAN UP YOUR ACT: THE U.S. GOVERNMENT'S CERCLA LIABILITY FOR URANIUM MINES ON THE NAVAJO NATION |
90 University of Chicago Law Review 1771 (October, 2023) |
This Comment delves into the Cold War legacy of uranium mines on the Navajo Nation. Today, unremediated hazardous waste from more than five hundred deserted mines has continued to poison the health and lands of the Navajo. This Comment argues that the federal government is ultimately liable for the remediation of these mines under the Comprehensive... |
2023 |
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| Geoff Strommer |
CLIMATE CHANGE IS FORCING INDIGENOUS COMMUNITIES TO RELOCATE WITH LITTLE ASSISTANCE FROM THE FEDERAL GOVERNMENT--BUT CONGRESS CAN MAKE IT EASIER? |
70-SPG Federal Lawyer 17 (Spring, 2023) |
As climate change becomes more and more of a reality for our planet, some of the most impacted communities are America's indigenous people. Tribal Nations (including Alaska Native villages) throughout the United States are experiencing climate threats such as flooding, erosion, permafrost degradation, ocean acidification, increased wildfires,... |
2023 |
|
| Jeremy Rabkin |
COMMERCE WITH THE INDIAN TRIBES: ORIGINAL MEANINGS, CURRENT IMPLICATIONS |
56 Indiana Law Review 279 (2023) |
The Supreme Court's 2022 ruling in Oklahoma v. Castro-Huerta defied much current precedent and practice, as four dissenters protested. But neither side grappled with the Constitution's original meaning. Both text and early practice confirm that the federal power to regulate commerce with the Indian tribes was a different, more constrained power... |
2023 |
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| Torey Dolan |
CONGRESS' POWER TO AFFIRM INDIAN CITIZENSHIP THROUGH LEGISLATION PROTECTING NATIVE AMERICAN VOTING RIGHTS |
59 Idaho Law Review 47 (2023) |
American Indians' path to citizenship and the franchise has not been straightforward nor simple. The legacy of this complicated path bears out today in the myriad of ways that Native Americans lack equitable access to voting in state and federal elections and otherwise face barriers to participating in the body politic that non-Indians do not.... |
2023 |
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| Shannon M. Roesler |
CONSTITUTIONAL RESILIENCE |
80 Washington and Lee Law Review 1523 (Fall, 2023) |
Since the New Deal era, our system of constitutional governance has relied on expansive federal authority to regulate economic and social problems of national scale. Throughout the twentieth century, Congress passed ambitious federal statutes designed to address these problems. In doing so, it often enlisted states as regulatory partners--creating... |
2023 |
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| Monica Shaffer |
CONSTITUTIONALITY OF REPARATIONS FOR NATIVE AMERICANS: CONFRONTING THE BOARDING SCHOOLS |
49 Mitchell Hamline Law Review 403 (April, 2023) |
I. Introduction. 404 II. Government Mistreatment of Native Americans: Boarding Schools. 405 A. Historical Context of the Boarding Schools. 405 B. The Boarding School Experience. 406 C. Historical Trauma and Direct Impact. 410 D. Ripple Effects. 412 III. About Reparations and Native Americans. 414 A. General Review. 414 B. Types of Reparations:... |
2023 |
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| Thomas G. Hamilton |
COOLEY'S HIDDEN RAMIFICATIONS: HAS THE SUPREME COURT EXTENDED THE TERRY DOCTRINE FOR AUTOMOBILE SEARCHES TO THE POINT OF ELIMINATING PROBABLE CAUSE? |
47 American Indian Law Review 101 (2022-2023) |
Nothing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence. Protection against unreasonable searches and seizures dates back to the founding of our nation, when the framers amended the Constitution to add individual rights for citizens. Adding to this history,... |
2023 |
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| Erin Shields |
COUNTERING EPISTEMIC INJUSTICE IN THE LAW: CENTERING AN INDIGENOUS RELATIONSHIP TO LAND |
70 UCLA Law Review 206 (June, 2023) |
This paper argues that Indigenous peoples in the United States and Canada are subject to epistemic injustice in the law, particularly with regard to many Indigenous groups' worldviews and relationship to land. Many Indigenous cultures share a sacred connection to the traditional homelands they lived on and with, sometimes for thousands of years... |
2023 |
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| Ali Murat Gali |
CRAWLING OUT OF FEAR AND THE RUINS OF AN EMPIRE: QUEER, BLACK, AND NATIVE INTIMACIES, LAWS OF CREATION AND FUTURES OF CARE |
34 Yale Journal of Law & Feminism 176 (2023) |
L1-2Table of Contents Introduction. 177 Part I. Relational Possibilities Under the Siege of Equality: Privatized Romances of Sensuality and the Family. 184 A. Lawrence v. Texas and Domesticated Sensualities. 187 B. Obergefell v. Hodges and Fantasizing Privatized Marriage. 193 Part II. Privatized Subjects in Lifeless Streets: Ethical Ramifications... |
2023 |
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| Katharina Ruckstuhl |
DATA IS A TAONGA: AOTEAROA NEW ZEALAND, MORI DATA SOVEREIGNTY AND IMPLICATIONS FOR PROTECTION OF TREASURES |
12 NYU Journal of Intellectual Property and Entertainment Law 391 (2023) |
Sovereignty, and how Indigenous people interpret sovereignty, matter in relation to data. There have been persistent claims and counter-claims as to what constitutes Indigenous sovereignty, both in international agreements and national legal cases. To understand the complex nature of Indigenous data sovereignty claims requires framing within... |
2023 |
Yes |
| Natalie Gomez-Velez |
DE JURE SEPARATE AND UNEQUAL TREATMENT OF THE PEOPLE OF PUERTO RICO AND THE U.S. TERRITORIES |
91 Fordham Law Review 1727 (April, 2023) |
Current efforts to dismantle systemic racism in the United States are often met with the argument that legally sanctioned inequality is a thing of the past. Yet despite progress toward formal legal equality, racism and discrimination in the United States exist not only as the effects of past laws and systems--they exist presently in current laws... |
2023 |
Yes |
| Julie Novkov |
DEATH DROP: THE ROBERTS COURT, LEGITIMACY, AND THE FUTURE OF DEMOCRACY IN THE UNITED STATES |
83 Maryland Law Review 77 (2023) |
Left critics of the Roberts Court have objected to the Court's decisions, but also to its efforts to transform the Constitution and constitutional interpretation, upending longstanding organizations of political power and the structure and scope of rights. These critics have questioned the Court's legitimacy, noting the unpopularity of some of... |
2023 |
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| Bailey B. Lazzari |
DECADES OF DISCORD |
46-OCT Wyoming Lawyer 42 (October, 2023) |
The United States Supreme Court held in Herrera v. Wyoming, a case involving the criminal prosecution of a member of the Crow Tribe (Apsaalooke) for hunting elk in the Big Horn National Forest, that the creation of Wyoming's statehood did not automatically extinguish the treaty rights once promised to the Crow long ago. Although remanded back to... |
2023 |
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| Rosa Hayes |
DECOLONIZING EQUAL SOVEREIGNTY |
29 William and Mary Journal of Race, Gender, and Social Justice 355 (Winter, 2023) |
In Shelby County v. Holder, 570 U.S. 529 (2013), the Supreme Court announced that a tradition of equal sovereignty among the states prohibits unwarranted federal intrusions into state sovereignty and invoked this newly created doctrine to strike down Section 4(b) of the Voting Rights Act. Scholarly critiques in Shelby County's immediate aftermath... |
2023 |
Yes |
| Jonah Charles Ullendorff |
DISAGREEMENT AS DEPARTMENTALISM OR JUDICIAL SUPREMACY IN STARE DECISIS |
98 New York University Law Review 1754 (November, 2023) |
The role of stare decisis in constitutional law is a ubiquitous one. It shows up almost everywhere, leaving controversy and chaos in its wake. Yet despite the prominence of stare decisis, its jurisprudence remains perpetually unsettled. The Supreme Court identifies several factors that affect the strength of prior precedent. However, these factors... |
2023 |
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| Abbey Koenning-Rutherford |
DISHONORING THE EARTH: ECOCIDE AS PROSECUTABLE GENOCIDE AGAINST INDIGENOUS PEOPLE |
111 Georgetown Law Journal 1495 (June, 2023) |
C1-2Table of Contents Introduction. 1496 I. Frameworks: International Legal, Economic, Indigenous. 1499 a. international legal. 1499 b. economic. 1501 c. indigenous. 1502 II. The Genocidal Impact of Ecocide: A Prosecutable Crime?. 1503 a. what is ecocide?. 1504 b. what is genocide?. 1505 c. ecocide as prosecutable genocide in the international... |
2023 |
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| Adam Crepelle , Thomas Stratmann |
DOES EXPANDING TRIBAL JURISDICTION IMPROVE TRIBAL ECONOMIES: LESSONS FROM ARIZONA |
55 Arizona State Law Journal 211 (Spring, 2023) |
In 2013, Congress reaffirmed tribes' inherent authority to prosecute all persons who commit dating violence, domestic violence, or violate a protective order against Indian women on tribal land in the Violence Against Women Reauthorization Act (VAWA). Congress required tribes to comply with strict procedural safeguards to implement VAWA. Although... |
2023 |
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| by Barbara L. Jones , Minneapolis, MN |
Does the Bankruptcy Code Unequivocally Abrogate Tribal Sovereignty |
50 Preview of United States Supreme Court Cases 29 (4/17/2023) |
The petitioner, Lac du Flambeau Band of Lake Superior Chippewa Indians, is a federally recognized Indian tribe that operates Lendgreen, which makes Internet payday loans. The respondent borrowed $1,100 and filed a Chapter 13 bankruptcy shortly thereafter. Asserting tribal sovereignty, and thus common-law immunity, the petitioner continued attempts... |
2023 |
Yes |
| by Barbara L. Jones , Minneapolis, MN |
Does the United States Have a Duty Under Existing Treaties to Address the Navajo Nation Reservation's Water Needs? |
50 Preview of United States Supreme Court Cases 3 (3/20/2023) |
The Navajo Nation seeks breach-of-trust remedies under 1849 and 1868 treaties, alleging that the United States breached its treaty-based obligation to make water available to the Nation on its reservation. The use of the rivers in the Southwest, including the Colorado River, have long been the subject of litigation. The case before the Court is... |
2023 |
Yes |
| Sapir Sela |
DOUBLE JEOPARDY - INDIANS - COURTS: WHETHER SUCCESSIVE PROSECUTIONS ARISING FROM A SINGLE ACT ARE BARRED BY THE CONSTITUTION'S DOUBLE JEOPARDY CLAUSE |
98 North Dakota Law Review 301 (2023) |
In Denezpi v. United States, the United States Supreme Court interpreted the Double Jeopardy Clause as it applied to the question of whether successive prosecutions can arise from a single act. The Court held that the Double Jeopardy Clause of the Fifth Amendment does not prevent successive prosecutions of different offenses that stemmed from a... |
2023 |
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| Emmanuel Hiram Arnaud |
DUAL SOVEREIGNTY IN THE U.S. TERRITORIES |
91 Fordham Law Review 1645 (April, 2023) |
Introduction. 1645 I. The Dual Sovereign Doctrine. 1650 II. The Ultimate Source of Power. 1651 A. Territorial Sovereign. 1654 B. Colonial Jurisprudence. 1656 III. Governance and Sovereignty. 1659 A. Sovereign Approximations. 1659 B. Power Deficiencies. 1663 IV. Colonial Emanations. 1666 A. Optics and Practice. 1666 B. A Silver Lining. 1668... |
2023 |
Yes |
| Tracy Hester |
ECOWORSHIP AND FEDERAL ENVIRONMENTAL LAW |
48 Columbia Journal of Environmental Law 1 (2023) |
As the growing land stewardship movement has joined with rising evangelical environmentalism, religious worship has intersected with ecological protection to spark the rise of a new variety of ecoworship. Given the U.S. Supreme Court's recent willingness to expand constitutional protections for religious exercise and trim bulwarks against... |
2023 |
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| Barry E. Hill |
ENVIRONMENTAL JUSTICE AND THE TRANSITION FROM FOSSIL FUELS TO RENEWABLE ENERGY |
53 Environmental Law Reporter (ELI) 10317 (April, 2023) |
This Article explores the environmental justice, climate justice, and sustainable development implications of the recently enacted Inflation Reduction Act, which encourages domestically produced and processed minerals for the country's energy transition from fossil fuels. It examines (1) the resulting need for a resurgence of mining in Indian... |
2023 |
|
| Neoshia R. Roemer |
EQUAL PROTECTION FOR THE BENEFICIARIES (PARENTS) OF COLONIALISM |
71 University of Kansas Law Review 595 (May, 2023) |
Parents' rights are in flux right now. As loud as some critics are about the strengthening of parents' rights and protections, it seems that those protections are largely meant to serve the beneficiaries of colonialism. Haaland v. Brackeen provides a prime example of these times as beneficiaries of colonialism challenge the Indian Child Welfare Act... |
2023 |
|
| Lisa Benjamin |
EVS AS EJ? |
47 Harvard Environmental Law Review 347 (2023) |
Electric vehicles (EVs) are everywhere. And they are cool--consumers love them. Federal agencies, such as EPA and NHTSA, promulgated rules which will usher in an EV revolution. But EVs have justice implications--both positive and negative. The transition to EVs will have significant climate and environmental justice benefits for some communities... |
2023 |
|
| Alice Ristroph |
EXCEPTIONALISM EVERYWHERE: A (LEGAL) FIELD GUIDE TO STRUCTURAL INEQUALITY |
65 Arizona Law Review 921 (Winter 2023) |
In the first two decades of the twenty-first century, American legal scholars have discovered exceptionalism everywhere: family law exceptionalism, tax law exceptionalism, bankruptcy exceptionalism, immigration exceptionalism, criminal law exceptionalism, and more. For several of these fields, the charge is that the field is not operating in... |
2023 |
|
| Wendy Heipt |
FACTORY AQUACULTURE vs. THE RIGHT TO FOOD: THE FIRST CONFLICT ON AMERICAN SHORES |
38 Journal of Environmental Law & Litigation 171 (2023) |
I. Introduction. 171 A. The Right to Food. 172 B. The Right to Food in the United States. 174 C. A History of Fishing in Maine. 175 D. Advocacy and Adoption of the RtF in Maine. 177 II. Aquaculture in Maine. 180 A. CAFOs and the RtF. 181 B. CAAPs and the RtF. 186 C. CAAPs in Maine: Challenges Before and After Enactment of the RtF. 188 D. The Future... |
2023 |
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| Nan D. Hunter |
FAMILY, RELIGION AND THE CONSTITUTION: PENUMBRAS OF SOVEREIGNTY |
35 Journal of the American Academy of Matrimonial Lawyers 571 (2023) |
In the following essay, Professor Hunter uses the metaphor of family sovereignty to analyze three stages in the history of family law and the Constitution. Over time, the jurisprudential dynamic of family law has shifted from rejection of constitutional principles to incorporation of liberal equality norms to exporting the concept of private... |
2023 |
Yes |
| Aaron J. Walayat |
FEDERAL COURTS AND THE CIVILIZING MISSION |
23 Journal of Law in Society 117 (Winter 2023) |
C1-2CONTENTS Abstract. 117 A) The Hanging Judge. 120 B) The Legislative Judges. 122 C) The Executive Judges. 125 D) Conclusion. 129 |
2023 |
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| |
FEDERAL COURTS--TRIBAL SOVEREIGNTY AND FISHING RIGHTS--SECOND CIRCUIT CONFIRMS EXCEPTION TO SOVEREIGN IMMUNITY FOR TRIBAL CLAIMS RELATING TO LAND AND FISHING RIGHTS.--SILVA v. FARRISH, 47 F.4TH 78 (2D CIR. 2022) |
136 Harvard Law Review 2012 (May, 2023) |
Tribal sovereignty grants Native American nations the right to govern themselves and their lands, thereby protecting, honoring, and preserving their communities and culture. Despite these guarantees, tribal sovereignty is often illusory in practice and has been systemically eroded by courts, state governments, and Congress alike, leading Native... |
2023 |
Yes |
| Adam Crepelle |
FEDERAL POLICIES TRAP TRIBES IN POVERTY |
48 Human Rights 8 (2023) |
Poverty and its related maladies are a scourge upon Indian Country. Many people believe this poverty stems from Indigenous cultures' inability to adapt to Western economic models. This notion arises from the belief that North America's Indigenous inhabitants were noncommercial prior to European arrival, but this is false. Commerce with distant and... |
2023 |
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| Jane Jacoby |
FIGHTING FIRE WITH FIRE: HOW NEPA'S EMPHASIS ON RISK PREVENTS PRESCRIBED BURNS AND INTENSIFIES WILDFIRE |
52 Urban Lawyer 146 (June, 2023) |
Climate change is reshaping America's relationship with wildfire. As fires become more dangerous, prescribed burning is a vital tool to protect vulnerable communities and ecosystems. Native Americans used fire to manage forests for millennia, and intentional fire remains routine in forests in the Southeastern United States. Yet the white settlers... |
2023 |
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| Tom W. Bell |
FINTECH REGULATION IN THE CATAWBA DIGITAL ECONOMIC ZONE |
26 Chapman Law Review 477 (Spring, 2023) |
The Catawba Digital Economic Zone (CDEZ) achieved a number of firsts when it launched in late 2022: the world's first entirely virtual special jurisdiction devoted to financial services using technologies like blockchains, cryptocurrencies, digital assets, and artificial intelligence (fintech); the first time that a Native American tribe has... |
2023 |
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| Matthew McKinney, Jay Weiner, Daryl Vigil |
FIRST IN TIME: THE PLACE OF TRIBES IN GOVERNING THE COLORADO RIVER SYSTEM |
63 Natural Resources Journal 153 (Summer, 2023) |
Native Americans are the first inhabitants of the Colorado River Basin and have relied on its water and other resources since time immemorial. However, tribes were not involved in the shaping the Colorado River Compact and its governing institutions, and they have faced uphill battles to secure, protect, and develop their water rights--including... |
2023 |
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| Eloise Melcher |
FIVE TIMES MORE LIKELY: HAALAND v. BRACKEEN AND WHAT IT COULD MEAN FOR MAINE TRIBES |
75 Maine Law Review 369 (June, 2023) |
Abstract Introduction I. Background A. Maine's Tribal History B. Child Welfare Crisis C. The Indian Child Welfare Act D. Implementation of the Indian Child Welfare Act in Maine E. Prior Supreme Court Challenges to ICWA II. Haaland v. Brackeen A. Facts and Procedural Background B. The Fifth Circuit Decision 1. The Court's Analysis 2. Equal... |
2023 |
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| Lloyd L. Lee |
FOREWORD |
52 Southwestern Law Review 191 (2023) |
The Navajo Nation has over 400,000 enrolled citizens and a land base of 27,413 square miles. The Diné people refer to the land base of the Navajo Nation as nihikéyah, meaning the land the people live and walk upon, called home. Thousands of narratives on the histories and challenges facing the Diné people and their relationship with nihikéyah are... |
2023 |
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| Maggie Blackhawk |
FOREWORD: THE CONSTITUTION OF AMERICAN COLONIALISM |
137 Harvard Law Review 1 (November, 2023) |
C1-2CONTENTS Introduction. 2 I. The Constitution of American Colonialism. 22 A. Constituting American Colonialism. 26 1. Colonization Within the Founding Borders. 28 2. Colonization Beyond the Founding Borders. 33 3. Colonization of Noncontiguous Territory. 43 B. The Rise of the Plenary Power Doctrine. 53 1. Plenary Power as Doctrine. 55 2.... |
2023 |
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| Samantha Blount |
FRACKED REGULATION: HOW REGULATORY EXEMPTIONS FOR FRACKING HARM TRIBAL WATERS |
38 Journal of Environmental Law & Litigation 255 (2023) |
Introduction. 255 I. Environmental and Human Health Effects of Oil and Natural Gas Production and the Gap in Monitoring and Reporting. 259 II. Current Water Pollution Issues on the Wind River Reservation and the Fort Berthold Reservation. 263 A. Wind River Reservation. 263 B. Fort Berthold Reservation. 266 III. Legal Framework of Produced Water... |
2023 |
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| Roger Michalski |
FRACTIONAL SOVEREIGNTY |
13 UC Irvine Law Review 683 (March, 2023) |
The axiomatic beginning of every conflict of laws case is that a court must choose the law of one sovereign and disregard the law of all other sovereigns. One wins, gets to set the rules and regulate behavior, all others lose. This all-or-nothing scenario is the result of enshrining an old view of indivisible sovereignty into conflict of laws... |
2023 |
Yes |
| Paige Bellamy |
FREE, PRIOR INFORMED CONSENT AND EXTRACTIVE INDUSTRY: INDIGENOUS ACTION IS THE PAST, PRESENT, AND FUTURE OF GLOBAL ENVIRONMENTAL JUSTICE |
13 Barry University Environmental and Earth Law Journal 105 (Summer, 2023) |
The fight for control of land and what lies within the earth has shaped, and continues to shape, much of human history. As Australian historian Patrick Wolfe stated: Land is life--or, at least, land is necessary for life. Thus, contests for land can be--indeed, often are--contests for life. Often at the center of these conflicts, Indigenous... |
2023 |
|
| Claire Lisker |
GEOGRAPHIC AND LINGUISTIC BELONGING: A PREREQUISITE FOR FULL CONSTITUTIONAL RIGHTS |
39 Chicana/o-Latina/o Law Review 183 (2023) |
C1-2Table of Contents Introduction. 184 I. Geographic Belonging. 190 A. The Ethno-Racialized Conception of U.S. Territorial Sovereignty - A Brief History. 190 B. Modern Territorial Sovereignty: Patrolling the Border. 192 II. Linguistic Belonging. 198 A. Jury Exclusions. 199 B. English-Only Rules and Inadequate Title VII and Title VI... |
2023 |
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| Kennedy Ray Fite |
HAALAND v. BRACKEEN: THE DECISION THAT THREATENED THE INDIAN CHILD WELFARE ACT'S PROTECTIONS OF NATIVE FAMILIES IN ILLINOIS |
54 Loyola University Chicago Law Journal 1109 (Summer, 2023) |
The Indian Child Welfare Act has become a controversial piece of legislation since the Supreme Court heard oral argument on the case of Haaland v. Brackeen in November 2022 and released its decision in June 2023. The statute was originally enacted in 1978 to remedy the United States' tragic history of family separation in tribal communities,... |
2023 |
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| Emily Behzadi |
HIS SHIP HAS SAILED--EXPELLING COLUMBUS FROM CULTURAL HERITAGE LAW |
56 Vanderbilt Journal of Transnational Law 315 (March, 2023) |
Latin America is a region rich with cultural heritage that existed for centuries before its antiquities were looted, trafficked, and sold on the international market. The language used to classify these objects of cultural heritage has been a tool of oppression and erasure. In reference to those objects of historical importance, auction houses,... |
2023 |
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| Roger Michalski |
HOW TO SURVIVE THE CULTURE WARS: CONFLICT OF LAWS POST-DOBBS |
72 American University Law Review 949 (January, 2023) |
Abortion is the latest flashpoint in the culture wars. Post-Dobbs, red and blue states are hard at work codifying different approaches within their boundaries. However, pills, women, transactions, medical services, and information will cross those boundaries. Both sides already fight about who gets to regulate such boundary-crossing activity with... |
2023 |
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| Kieran O'Neil |
IN THE ROOM WHERE IT HAPPENS: HOW FEDERAL APPROPRIATIONS LAW CAN ENFORCE TRIBAL CONSULTATION POLICIES AND PROTECT NATIVE SUBSISTENCE RIGHTS IN ALASKA |
98 Washington Law Review 659 (June, 2023) |
Abstract: Federal-tribal consultation is one of the only mechanisms available to American Indian and Alaska Native communities to provide input on federal management decisions impacting their subsistence lands and resources. While the policies of many federal agencies require consultation, agencies routinely approach consultation as a procedural... |
2023 |
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| Claire Newfeld |
INDIAN BOARDING SCHOOL DEATHS AND THE FEDERAL TORT CLAIMS ACT: A ROUTE TO A REMEDY |
55 Arizona State Law Journal 355 (Spring, 2023) |
Since their founding, the United States, Canadian, and other governments have purported to act as the protectors of Indigenous peoples. While modern federal Indian policy favors self-determination and the preservation of Native culture and land, the vast majority of pre-1960s protective policies interpreted the Native way of life as inferior... |
2023 |
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| AshLynn M. Wilkerson |
INDIAN COUNTRY'S CONTINUED STRUGGLE WITH THE OPIOID CRISIS: FOCUSED PROBLEM AREAS, THE FEDERAL GOVERNMENT'S RESPONSE, AND WHAT MORE CAN BE DONE |
47 American Indian Law Review 301 (2022-2023) |
Tribes are running out of homes for children whose parents are battling opioid use, and increased rates of babies are born with neonatal abstinence syndrome--a postnatal withdrawal syndrome from in utero opioid exposure. Tribes feel preyed upon by pharmaceutical companies who have fueled the worst drug epidemic in American history and, as of... |
2023 |
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| Alexander Mallory |
INDIAN LAW FROM BEHIND THE BENCH |
59-AUG Arizona Attorney 48 (July/August, 2023) |
In my previous Indian law article on this topic, I discussed legal writing tips for Indian law practitioners. In this edition, I expand on those tips by including advice for tribal court judges and practitioners. I begin with the introduction section of court orders, move to the legal standard and analysis sections, and conclude with stylistic... |
2023 |
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