| Author | Title | Citation | Summary | Year | Key Terms |
| Kekek Jason Stark |
INDIAN POLICING: AGENTS OF ASSIMILATION |
73 Case Western Reserve Law Review 683 (Spring, 2023) |
[T]he police force is a perpetual educator. It is a power entirely independent of the chiefs. It weakens, and will finally destroy, the power of tribes and bands . where the Indians themselves are the recognized agents for the enforcement of the law, they will more readily learn to be obedient of its requirements. --Report of the Commissioner of... |
2023 |
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| Keiteyana I. Parks |
INDIGENOUS BOARDING SCHOOLS IN THE UNITED STATES AND CANADA: POTENTIAL ISSUES AND OPPORTUNITIES FOR REDRESS AS THE UNITED STATES GOVERNMENT INITIATES FORMAL INVESTIGATION |
47 American Indian Law Review 37 (2022-2023) |
[T]he first step to justice is acknowledging these painful truths and gaining a full understanding of their impacts so that we can unravel the threads of trauma and injustice that linger. The development of the United States as a country is entwined with a legacy of painful efforts to eradicate the cultures and the presence of individuals deemed... |
2023 |
|
| Jason Mika , Māui Hudson , Natalie Kusabs |
INDIGENOUS BUSINESS DATA AND INDIGENOUS DATA SOVEREIGNTY: CHALLENGES AND OPPORTUNITIES |
12 NYU Journal of Intellectual Property and Entertainment Law 427 (2023) |
In this paper, principles of Indigenous data sovereignty are examined in the collection and use of Indigenous business data in official statistics systems in Aotearoa New Zealand. The analysis centres on Statistics New Zealand's (Stats NZ's) Tatauranga umanga Mori, that is, its framework for Mori business statistics and the definition of Mori... |
2023 |
Yes |
| Vanessa Racehorse |
INDIGENOUS INFLUENCE ON THE RIGHTS OF NATURE MOVEMENT |
38-FALL Natural Resources & Environment 4 (Fall, 2023) |
The growing recognition of the rights of nature is a blend of both modern conservation efforts and principles reflected in traditional Indigenous stewardship that should be an essential component of the discourse around environmental justice. This article will provide an overview of the laws that invoke the rights of nature that Indigenous... |
2023 |
|
| Pete Heidepriem |
INDIGENOUS RIGHTS, INVESTOR-STATE DISPUTES, AND CANADIAN LAW |
68 South Dakota Law Review 51 (2023) |
Indigenous peoples encounter serious challenges in asserting their rights and interests in the context of investor-state arbitrations arising out of international investment. Foreign direct investment occurs all over the globe, and it often has a negative effect on Indigenous communities, but the communities are not given a seat at the table if an... |
2023 |
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| William J. Fife III , Beylul Solomon |
INDIGENOUS RIGHTS: A PATHWAY TO END AMERICAN SECOND-CLASS CITIZENSHIP |
32 Southern California Review of Law & Social Justice 59 (Winter, 2023) |
Nearly 4 million American residents in U.S. territories are second-class citizens, lacking individual and collective voting rights and burdened with other gross socioeconomic and healthcare disparities. These disparities affect many honorable veterans that suffer from physical and mental injuries due to fighting for rights they themselves do not... |
2023 |
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| David Laux |
INTELLECTUAL PROPERTY PROTECTION FOR GENETIC RESOURCES, TRADITIOcAL KNOWLEDGE, AND FOLKLORE: WILL THE ON-GOING WIPO EFFORTS RESULT IN A FORMAL TREATY? |
103 Journal of the Patent and Trademark Office Society 353 (October, 2023) |
C1-3Table of Contents I. Introduction. 354 II. The History of the WIPO Intergovernmental Committee. 354 A. 2001-2008 (IGCs 1-14: The Research Years). 354 B. 2009-2017 (IGCs 15-35: Text-based Negotiations). 358 C. 2018-Present (IGCs 36-47: Recent Negotiations and a Diplomatic Conference). 361 III. Current Status of Negotiations in the Text-based... |
2023 |
Yes |
| Abigail M. Hunt, Robin M. Rotman |
INTERSECTIONAL MANAGEMENT: AN ANALYSIS OF COOPERATION AND COMPETITION ON AMERICAN PUBLIC LANDS |
42 Stanford Environmental Law Journal 121 (May, 2023) |
I. Introduction. 122 II. Overview of National Monuments and Other Federal Public Lands. 124 A. Federal Public Lands. 124 1. Federal land acquisition and disposition. 124 2. Management and use of federal public lands. 127 B. National Monuments and the Antiquities Act. 132 1. Legislative history. 133 2. Establishing national monuments. 135 3.... |
2023 |
|
| Emily Derrick |
INTRODUCING TIME-LIMITED PERMITS TO CALIFORNIA'S RIPARIANISM |
56 U.C. Davis Law Review 1391 (February, 2023) |
C1-3Table of Contents L1-2Introduction . L31393 I. Principles of Water Law. 1397 A. The Doctrine of Prior Appropriation. 1397 B. Varying Definitions of Public Interest Use. 1398 C. Reasonable Use Under Riparian Systems. 1399 D. Restrictions on Water Use in California. 1401 II. An Overhaul of California's Current Water Rights System Is Necessary and... |
2023 |
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| Māui Hudson, Stephanie Russo Carroll, Jane Anderson, University of Waikato, Te Kotahi Research Institute, NYU Engelberg Center for Innovation Law and Policy, & ENRICH Co-Director, University of Arizona, Public Health, Udall Center for Studies in Public Po |
INTRODUCTORY NOTE |
12 NYU Journal of Intellectual Property and Entertainment Law vi (2023) |
Indigenous Data Sovereignty has emerged in recent years as an important contribution to discourse at the intersection of ethics, digital rights, and Cultural Intellectual Property Rights. Data has become the new gold, a frontier for exploration and exploitation. Digitisation initiatives and open data movements are turning Information and knowledge... |
2023 |
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| Jean Paul Roekaert |
INVESTMENT TREATY ARBITRATION AND THE TRIPS PATENT WAIVER: INDIRECT EXPROPRIATION ANALYSIS OF COVID-19 VACCINE PATENTS |
46 Hastings International and Comparative Law Review 59 (Winter, 2023) |
Intending to promote greater access to Covid-19 vaccines, a group of developing countries submitted a proposal to the World Trade Organization (WTO) recommending a waiver that would temporarily exempt all WTO members from the obligation to comply with Section 5 (Patents) of the Agreement on Trade-Related Aspects of Intellectual Property Rights... |
2023 |
Yes |
| Elizabeth L. Rosenblatt |
IP LAW IN THE SHADOW OF NORMS |
40 Cardozo Arts and Entertainment Law Journal 657 (2023) |
Introduction. 657 I. What Norms Can Do. 661 II. What Norms Can't Do--At Least Not Without Help from Law. 665 III. Situating Law in the Shadow of Norms. 670 IV. What Questions Matter?. 678 Conclusion. 685 |
2023 |
|
| Danika Watson |
ISSUES IN IMPLEMENTING SPECIAL DOMESTIC VIOLENCE CRIMINAL JURISDICTION IN ALASKA'S TRIBAL COURTS |
40 Alaska Law Review 1 (June, 2023) |
Until 2022, all but one of the 229 Alaska tribes were barred from special domestic violence criminal jurisdiction (SDVCJ): Congress's jurisdictional tool for tribal courts to address domestic violence and hold perpetrators of violence against Alaska Native women criminally accountable. The reauthorization of the Violence Against Women Act (VAWA) in... |
2023 |
|
| Adam Crepelle |
IT SHOULDN'T BE THIS HARD: THE LAW AND ECONOMICS OF BUSINESS IN INDIAN COUNTRY |
2023 Utah Law Review 1117 (2023) |
Indian reservation economies have been in shambles for generations. Although some tribes operate successful gaming enterprises, no tribe has a vibrant private sector economy. Law and economics help explain why. Economics is the study of choices, and Indian country's complex legal rules deter businesses from investing on tribal land. After all, no... |
2023 |
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| Sheila Simon |
JOHNSON v. M'INTOSH: 200 YEARS OF RACISM THAT RUNS WITH THE LAND |
47 Southern Illinois University Law Journal 311 (Winter, 2023) |
The United States Supreme Court case of Johnson v. M'Intosh is a foundation of property law in the United States. It established the United States government as the only possible buyer of land from people native to the continent. As the only possible buyer, the United States government had the power to negotiate a low purchase price. The bargain... |
2023 |
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| Daniel B. Rice |
JUDICIAL MORAL PROPHECY |
101 Washington University Law Review 177 (2023) |
American judges decry past moral lapses as intolerable. They paint their predecessors' worst mistakes as tragedies that must never be allowed to happen again. When given the chance to avoid new injustices, however, judges increasingly flaunt their moral indifference. They insist that legal fidelity requires them to ignore whether their own rulings... |
2023 |
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| Craig Anthony (Tony) Arnold , Frank Bencomo-Suarez , Pierce Stevenson , Elijah Beau Eisert , Henna Khan , Rachel Utz , Rebecca Wells-Gonzalez |
JUSTICE, RESILIENCE, AND DISRUPTIVE HISTORIES: A SOUTH FLORIDA CASE STUDY |
34 Colorado Environmental Law Journal 213 (Spring, 2023) |
C1-2Table of Contents I. Introduction. 214 II. Social-Ecological Resilience and the Role of Justice. 217 III. Resilience Justice and Disruptive Histories. 226 IV. The Florida Everglades and Tribal Water Justice. 229 A. The Tribes. 229 B. The Everglades. 234 C. Tribal Water-Justice Struggles. 238 V. Miami and Climate Justice. 249 VI. Conclusion. 262 |
2023 |
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| Lacey Rammell-O'Brien |
KEEPING "CURRENT" WITH THE IDAHO WATER ADJUDICATIONS |
66-SEP Advocate 14 (September, 2023) |
Greek philosopher Heraclitus of Ephesus is attributed with the expression, No man ever steps in the same river twice, for it's not the same river and he's not the same man. The Idaho Water Adjudications are much like Heraclitus' river, flowing and changing as they roll through the state. Long-time followers of the Idaho Water Adjudications know... |
2023 |
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| Maeve Glass |
KILLING PRECEDENT: THE SLAUGHTER-HOUSE CONSTITUTION |
123 Columbia Law Review 1135 (May, 2023) |
This Essay offers a revisionist account of the Slaughter-House Cases. It argues that the opinion's primary significance lies not in its gutting of the Privileges or Immunities Clause but in its omission of a people's archive of slavery. Decades before the decision, Black abolitionists began compiling the testimonies of refugees who had fled... |
2023 |
|
| Elizabeth Kronk Warner , Jensen Lillquist |
LABORATORIES OF THE FUTURE: TRIBES AND RIGHTS OF NATURE |
111 California Law Review 325 (April, 2023) |
The arc of the moral universe is long but it bends toward justice. --Dr. Martin Luther King, Jr. Tribes are not vestiges of the past, but laboratories of the future. --Vine Deloria, Jr. From global challenges such as climate change and mass extinction, to local challenges such as toxic spills and undrinkable water, environmental degradation and the... |
2023 |
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| |
Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin |
50 Preview of United States Supreme Court Cases 51 (9/4/2023) |
Argued: April 24, 2023 Decided: June 15, 2023 Analysis: ABA PREVIEW 29, Issue 7 Overview: 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.... |
2023 |
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| Jessica A. Shoemaker |
LAND REFORM IN THE FIFTH WORLD |
52 Southwestern Law Review 239 (2023) |
Our current property systems are strained by rapid climate change and growing inequality. If change is needed, how does it actually happen? Land reform is difficult to imagine, much less implement, within a physical landscape already so engineered and embedded with deep layers of tradition, experience, and law. In this short Essay, I argue that... |
2023 |
|
| Deborah Cowen |
LAW AS INFRASTRUCTURE OF COLONIAL SPACE: SKETCHES FROM TURTLE ISLAND |
117 AJIL Unbound 5 (2023) |
The people must fight for the law as for city-walls. Heraclitus's words remind us that law and infrastructure have lived in intimate relation, in practice and thought, for millennia. This intimacy is palpable in the context of settler worldmaking where colonial jurisdiction is enacted by constraining, with an eye to replacing, Indigenous... |
2023 |
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| Jennifer M. Chacón |
LEGAL BORDERLANDS AND IMPERIAL LEGACIES: A RESPONSE TO MAGGIE BLACKHAWK'S THE CONSTITUTION OF AMERICAN COLONIALISM |
137 Harvard Law Review Forum 1 (November, 2023) |
What are the borderlands? In her brilliant and sweeping exploration of the constitution of American colonialism, Professor Maggie Blackhawk references the borderlands dozens of times. She ultimately looks to the borderlands for constitutional salvation, extracting six principles of borderlands constitutionalism that she urges us to reckon with... |
2023 |
|
| Dr. Julie Shackford-Bradley |
LEGAL VIOLENCE AND RESTORATIVE JUSTICE |
20 Hastings Race and Poverty Law Journal 103 (Spring, 2023) |
C1-2Table of Contents Introduction. 103 A Framework for Examining Legal Violence:. 106 The Scope and Scale of Legal Violence in Immigrant Communities. 106 Legal Violence as experienced by Indigenous Peoples in the US: A Focus on the Major Crimes Act of 1885. 109 Black Communities' experiences of Legal Violence through Mass Incarceration. 117 Arenas... |
2023 |
|
| Dr. Julie Shackford-Bradley |
LEGAL VIOLENCE AND RESTORATIVE JUSTICE |
34 Hastings Journal on Gender and the Law 103 (Spring, 2023) |
C1-2Table of Contents Introduction. 103 A Framework for Examining Legal Violence:. 106 The Scope and Scale of Legal Violence in Immigrant Communities. 106 Legal Violence as experienced by Indigenous Peoples in the US: A Focus on the Major Crimes Act of 1885. 109 Black Communities' experiences of Legal Violence through Mass Incarceration. 117 Arenas... |
2023 |
|
| Maggie Blackhawk |
LEGISLATIVE CONSTITUTIONALISM AND FEDERAL INDIAN LAW |
132 Yale Law Journal 2205 (May, 2023) |
The United States has reached a moment in its constitutional history when the Supreme Court has asserted itself as not only one of, but the exclusive, audience to ask and answer questions of constitutional meaning and constitutional law. This juricentric or court-centered constitutionalism has relegated the other, so-called political branches to... |
2023 |
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| Nadine Nadow, Hayley-Bo Dorrian-Bak, Eleanor Maloney |
LEVERAGING EARTH LAW PRINCIPLES TO PROTECT OCEAN RIGHTS |
53 Environmental Law Reporter (ELI) 10838 (November, 2023) |
Communities around the world are seeking to acknowledge nature's rights through legal tools and litigation. This Article provides an overview of recent developments in earth law movements, including Rights of Nature, Rights of Rivers, and Ocean Rights, and considers the potential impacts these ecocentric conservation measures could have on... |
2023 |
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| Bharath Gururagavendran |
LOCATING NOVEL PROTECTIONS FOR THE TRADITIONAL KNOWLEDGE OF INDIGENOUS COMMUNITIES IN CUSTOMARY INTERNATIONAL LAW |
27 UCLA Journal of International Law and Foreign Affairs 101 (Fall, 2023) |
The international community is currently in the process of establishing multiple frameworks for protecting the traditional knowledge (TK) of indigenous peoples including through initiatives such as the Nagoya Protocol (under the Convention on Biological Diversity (CBD)), and the Intergovernmental Committee on Intellectual Property and Genetic... |
2023 |
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| Tamera Begay , Matthew L.M. Fletcher |
MA'II AND NANABOOZHOO FISTFIGHT IN HEAVEN |
52 Southwestern Law Review 226 (2023) |
In the form of a cute, cuddly, and innocent waabooz, Nanaboozhoo munched on the chewy, bitter Tohdá'ákáiitsoh he found everywhere in this land, far from his own. Although, it was a bit dry. In this land, Dinétah, Nanaboozhoo thought he could see forever. There were few trees. The sky was bright blue and limitless. The air smelled like a kind of... |
2023 |
|
| Adam Crepelle |
MAKING RED LIVES MATTER: PUBLIC CHOICE THEORY AND INDIAN COUNTRY CRIME |
27 Lewis & Clark Law Review 769 (2023) |
American Indians are victims of violence at higher rates than members of any other racial group. Nevertheless, Indian victims receive little media attention. Aside from the prevalence of violence against Indians, the violence is unique because of the rules governing Indian country law enforcement. Tribes, absent compliance with federally mandated... |
2023 |
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| Robin Kundis Craig |
MARINE BIODIVERSITY: CHALLENGES, TRENDS, AND A NEW TREATY |
53 Environmental Law 343 (Summer, 2023) |
Marine biodiversity is an important component of global biodiversity, which is under threat from a variety of anthropogenic stressors. Some of the most important of these include overfishing, pollution, invasive species, climate change, and ocean acidification. After summarizing the scientific evidence that global marine biodiversity is declining,... |
2023 |
Yes |
| Jessica Pacwa |
MARRIAGE AND DIVORCE |
24 Georgetown Journal of Gender and the Law 671 (Annual Review 2023) |
I. Introduction. 671 II. Same-Sex Marriage. 672 A. Background. 672 B. The Obergefell Holding. 673 C. Implementation and Enforcement Challenges Since Obergefell. 675 III. State Regulation of Marriage. 676 A. Jurisdiction and Recognition. 677 B. Rights Resulting from Formation. 680 C. Plural Marriage. 686 D. Covenant Marriage. 688 E. Status of Civil... |
2023 |
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| Kristin Green, Dr. Teresa Cavazos Cohn |
MEANINGFUL TRIBAL CONSULTATION AS PART OF NATIONAL FOREST PLANNING |
59 Idaho Law Review 105 (2023) |
C1-2TABLE OF CONTENTS I. INTRODUCTION. 105 II. BACKGROUND. 106 III. TRIBAL CONSULTATION WITHIN THE NATIONAL FOREST PLANNING PROCESS. 109 A. National Forest Planning. 109 B. National Environmental Policy Act. 111 IV. TRIBAL CONSULTATION WITH THE COCONINO NATIONAL FOREST. 112 A. Tribal Consultation in the Snowbowl Review Process. 113 B. The Snowbowl... |
2023 |
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| Karina Theurer |
MINIMUM LEGAL STANDARDS IN REPARATION PROCESSES FOR COLONIAL CRIMES: THE CASE OF NAMIBIA AND GERMANY |
24 German Law Journal 1146 (November, 2023) |
(Received 14 February 2023; accepted 07 June 2023; first published online 06 November 2023) In 2021, the German and Namibian governments published a Joint Declaration as a result of their negotiations on reparations. Ovaherero and Nama representatives strongly criticized the violation of their participation rights during the negotiations and the... |
2023 |
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| Thomas Langtry |
MODERNIZING LANGUAGE IN THE CALIFORNIA GOVERNMENT CLAIMS ACT TO ENABLE CONSISTENT ENFORCEMENT OF STATUTORY SOVEREIGN IMMUNITY |
53 Golden Gate University Law Review 147 (August, 2023) |
Introduction. 148 I. Background. 153 A. A History of Sovereign Immunity. 153 B. Problems with Sovereign Immunity in Federal Courts. 156 1. The Failure of Doctrinal Approaches to Adequately Address Concerns of Litigants. 158 2. Non-responsiveness of the U.S. Supreme Court's Analytical Framework. 159 C. Different Approaches in Federal and State... |
2023 |
Yes |
| Travis Elway Timm |
MODERNIZING THE COLUMBIA RIVER TREATY: TWO PROPOSALS TO ELEVATE THE ECOSYSTEM AND TO INCLUDE TRIBES |
58 Gonzaga Law Review 263 (2022/2023) |
The Columbia River Treaty, ratified in 1964, is an agreement between the United States and Canada to coordinate flood control and hydroelectric energy production within the Columbia River Basin. The treaty achieved this by requiring the building and management of dams in the upper Columbia River Basin. The dams flooded the usual fishing, trade, and... |
2023 |
Yes |
| Andy Taylor |
MUCH DISPUTE ABOUT NOTHING? A CRITICAL EXAMINATION OF THE BACKLASH AGAINST INVESTMENT TREATY ARBITRATION IN INTERNATIONAL INTELLECTUAL PROPERTY DISPUTES |
14 Cybaris an Intellectual Property Law Review 33 (2023) |
C1-3Table of Contents I. Introduction 34 II. ISDS: Origins, Growth & Criticism 36 A. Origins of ISDS 36 B. Growth of ISDS 39 C. Backlash Against ISDS 42 D. Criticism of ISDS in IP Disputes 46 III. Notable Investor-State IP Disputes 49 A. Patents: Eli Lilly v. Canada 49 B. Trademarks: Philip Morris v. Uruguay 55 IV. Argument 58 A. ISDS: An... |
2023 |
Yes |
| Tracy Feldman |
NATIVE AMERICAN GRAVESITES: SHIELDING LIMINAL SPACES THROUGH EXPANSION OF HISTORIC PRESERVATION ORDINANCES & ZONING CODES THAT DESIGNATE CULTURAL RESOURCES PROTECTION OVERLAY DISTRICTS & READAPT CEMETERY DEDICATION LAWS WITHIN THEIR PROVISIONS |
51 Real Estate Law Journal 203 (Spring, 2023) |
January 17, 2023 Generally gravesites and cemeteries are not considered to be places that would be listed under the National Register of Historic Places (NRHP) unless they meet certain criteria. Some of the Native American burial sites would fall under Criteria D which is defined as follows Properties may be eligible for the National Register... |
2023 |
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| Angela R. Riley |
NATIVE NATIONS AND TRIBAL CULTURAL PROPERTY LAW |
16 Landslide 22 (September/October, 2023) |
The world is experiencing a decolonization movement, as former colonies and Indigenous Peoples seek to regain cultural identities and political power that was stripped in the colonial period. This endeavor has particular resonance for Indigenous Peoples, who, as the New York Times recently reported, are increasingly calling on courts and... |
2023 |
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| Noelle N. Wyman |
NATIVE VOTING POWER: ENHANCING TRIBAL SOVEREIGNTY IN FEDERAL ELECTIONS |
132 Yale Law Journal 861 (January, 2023) |
Members of tribal nations are disproportionately burdened by barriers to voting, from strict voter identification and registration requirements to inadequate language assistance and inaccessible polling locations. Restrictive voting laws are on the rise, while the avenues for challenging them under the prevailing model of voting rights are... |
2023 |
Yes |
| Monika U. Ehrman |
NATURAL RESOURCE PROPERTY CUSTOMS |
41 UCLA Journal of Environmental Law & Policy 1 (2023) |
This Article examines the role that property customs played in the development of American mining law. It analyzes how small communities of international miners developed systems of property governance and how those customary systems led to the shaping of mineral ownership and mining legislation in America. Natural resource communities often rely... |
2023 |
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| Philip S. Mullenix , Ezra Rosser |
NAVAJO STATEHOOD: FROM DOMESTIC DEPENDENT NATION TO 51ST STATE |
101 Oregon Law Review 307 (2023) |
Introduction. 308 I. Requirements of Statehood. 312 II. Navajo Statehood. 322 A. Federal Indian Law. 323 B. Navajo Nation Government and Law. 327 1. Executive Branch. 329 2. Judicial Branch. 329 3. Legislative Branch. 331 C. Neighboring Governments. 333 1. Hopi Nation. 333 2. Arizona, New Mexico, and Utah. 334 III. Procedural Pathway to Dinétah... |
2023 |
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| Laura Waldman |
NO SETTLED LAW ON SETTLED LAND: LEGAL STRUGGLES FOR NATIVE AMERICAN LAND AND SOVEREIGNTY RIGHTS |
26 CUNY Law Review 220 (Summer, 2023) |
I. INTRODUCTION. 221 II. THE ROOTS OF DISPOSSESSION. 223 A. Resource Greed Drives Settlers' Theft of Native American Land. 223 B. An Ineffective Treaty Codifies Partial Sovereignty. 226 C. Allotment Further Weakens Native American Control of Land. 229 III. ROLE OF THE JUDICIARY. 232 A. Cherokee Nation Has No Standing in Cherokee Nation v. Georgia.... |
2023 |
Yes |
| Kelsey McKechnie |
NO-MAN'S-LAND: TEXAS, MEXICO, AND INTERNATIONAL DEAL-MAKING |
11 Texas A&M Law Review 223 (Fall, 2023) |
In 2012, the United States and Mexico negotiated an agreement to determine how to address the transboundary hydrocarbon reservoirs in the Gulf of Mexico. This agreement generally comported with international law's commitment to safe, efficient, and effective exploitation. Notably, however, the agreement did not cover any possible transboundary... |
2023 |
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| Amna A. Akbar |
NON-REFORMIST REFORMS AND STRUGGLES OVER LIFE, DEATH, AND DEMOCRACY |
132 Yale Law Journal 2497 (June, 2023) |
Today's left social movements are challenging formal law and politics for their capitulation to a regime of racial capitalism. In this Feature, I argue that we must reconceive our relationship to reform and the popular struggles in which they are embedded. I examine the turn of left social movements to non-reformist reforms as a framework for... |
2023 |
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| Maximilien Zahnd |
NOT "CIVILIZED" ENOUGH TO BE TAXED: INDIGENEITY, CITIZENSHIP, AND THE 1919 ALASKA SCHOOL TAX |
48 Law and Social Inquiry 937 (August, 2023) |
In 1919, the Territory of Alaska enacted a tax to finance its school system, in which Native children could attend public schools alongside non-Native children only if they were of mixed blood and led a civilized life. As originally enacted, the scope of the tax included every man within a certain age bracket, meaning that all Native men would... |
2023 |
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| Logan C. Hibbs |
NOT SO CLEAR AND PLAIN: EXPLORING THE CIRCUIT SPLIT ON THE APPLICABILITY OF FEDERAL LABOR & EMPLOYMENT LAWS TO TRIBES |
75 Oklahoma Law Review 905 (Summer, 2023) |
As tribes have increased their economic independence over the last few decades, tribal governments have started to hire more employees than ever before. In Oklahoma alone, tribes employed over 54,000 Indian-and non-Indian workers, and paid out 5.4 billion in wages and benefits to those employees in 2019 And, in Washington, Minnesota, and Idaho,... |
2023 |
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| Ali Malik, Drake University |
NULLIUS: THE ANTHROPOLOGY OF OWNERSHIP, SOVEREIGNTY, AND THE LAW IN INDIA, KRITI KAPILA (CHICAGO: HAU PRESS, 2022) |
46 PoLAR: Political and Legal Anthropology Review 1 (November, 2023) |
In Nullius: The Anthropology of Ownership, Sovereignty, and the Law in India, Kriti Kapila subjects the concept of dispossession in India to anthropological inquiry to study the mutually constitutive relations between the social relations embedded in regimes of property ownership and practices of sovereignty-making enacted by the colonial and... |
2023 |
Yes |
| Michael D.O. Rusco |
OKLAHOMA v. CASTRO-HUERTA, JURISDICTIONAL OVERLAP, COMPETITIVE SOVEREIGN EROSION, AND THE FUNDAMENTAL FREEDOM OF NATIVE NATIONS |
106 Marquette Law Review 889 (Summer, 2023) |
Pay no attention to the man behind the curtain. --Wizard of Oz (Metro-Goldwyn-Mayer 1939) In addition to its stunning internal flaws, the United States Supreme Court's opinion in Oklahoma v. Castro-Huerta exemplifies Indian law's broader flaws as a jurisprudence. Castro-Huerta holds that states have concurrent criminal jurisdiction with federal and... |
2023 |
Yes |