| Author | Title | Citation | Summary | Year | Key Terms |
| Stacy Leeds, Robert Miller, Kevin Washburn, Derrick Beetso, Panelists , Moderator |
OKLAHOMA v. CASTRO-HUERTA--REBALANCING FEDERAL--STATE--TRIBAL POWER |
23 Journal of Appellate Practice and Process 47 (Winter, 2023) |
This is a transcript of a discussion hosted by the Indian Legal Program, and the Indian Gaming and Tribal Self-Governance Programs, at the Sandra Day O'Connor College of Law, Arizona State University, held on July 7, 2022. It is lightly edited for brevity and clarity. DERRICK BEETSO: Good afternoon and welcome to today's presentation Oklahoma v.... |
2023 |
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| Charles Duan |
ON THE APPEAL OF DRUG PATENT CHALLENGES |
72 American University Law Review 1177 (April, 2023) |
Administrative patent challenge proceedings, the most prominent form of which is inter partes review, have attracted much controversy. In particular, the pharmaceutical industry and its supporters have criticized the proceedings as unfairly biased toward canceling valuable drug patents. Yet there has been little study of the real-world, practical... |
2023 |
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| Tammy W. Cowart |
ONE BUFFALO IN TEXAS: LEGAL AND ETHICAL ISSUES IN NATIVE AMERICAN GAMING OPERATIONS |
16 Journal of Business, Entrepreneurship and the Law 1 (Fall, 2022 & Spring, 2023) |
There are three federally recognized Native American tribes in Texas: the Alabama-Coushatta, the Ysleta del Sur Pueblo, and the Texas band of Oklahoma Kickapoo. The Kickapoo tribe is the only one allowed to operate a gaming center within the state of Texas, due solely to a federal law that the federal government passed thirty years ago. The... |
2023 |
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| Hon. Donna M. Loring , Hon. Eric M. Mehnert , Joseph G.E. Gousse, Esq. |
ONE NATION, UNDER FRAUD: A REMONSTRANCE |
75 Maine Law Review 241 (June, 2023) |
Abstract Introduction I. A River Runs Through It: An Historical Contextual Analysis of Tribal-Euromerican Relations--Statehood, Feeding the Lumber Boom, and the Theft of the Four TownshipsS (1820-1842) A. The Theft of the Four Townships: Fraudulent Dispossession of the Penobscot People B. The Lumber Boom and Maine's Rise to Economic Dominance II. A... |
2023 |
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| Lee Kovarsky |
OUTCOME SENSITIVITY AND THE CONSTITUTIONAL LAW OF CRIMINAL PROCEDURE |
98 Indiana Law Journal 429 (Spring, 2023) |
Iconic criminal procedure doctrines that perform the same function go by different names. When constitutionally disfavored conduct taints a criminal proceeding, courts must determine how much the taint affected an outcome--and whether the damage requires judicial relief. These doctrinal constructs calibrate judicial responses to, among other... |
2023 |
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| Nandini Chatterjee , Alicia Schrikker , Dries Lyna |
PAPER EMPIRES: LAYERS OF LAW IN COLONIAL SOUTH ASIA AND THE INDIAN OCEAN |
41 Law and History Review 417 (August, 2023) |
Anthropologists and historians have recently underscored the ways in which European colonialism created novel regimes of legality and record-keeping, associated with ambitious and exclusive state-centered claims to both truth and rights, while being inevitably and constantly sucked into eddies of forgery and corruption. However, attention so far... |
2023 |
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| Affie B. Ellis |
PRIME DAY PUSHBACK |
46-OCT Wyoming Lawyer 32 (October, 2023) |
Let me tell you how it will be - there's one for you, nineteen for me. Cause I'm the taxman, yeah, I'm the taxman. Did you just hear that in George Harrison's voice? Taxman is a song from the Beatles' 1966 album, Revolver. Harrison wrote it in protest to a supertax which had the band members paying over 90% of their earnings to the United... |
2023 |
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| Shade Streeter, David Hunter, William Snape, III |
PRIORITIZING REGIONAL WILDLIFE CONSERVATION BY REJUVENATING THE WESTERN HEMISPHERE CONVENTION ON NATURE PROTECTION |
23 Sustainable Development Law & Policy 22 (Spring, 2023) |
C1-3Table of Contents I. Introduction. 23 II. The Spirit and Purpose of the Western Hemisphere Convention in Protecting the Common Heritage of the Western Hemisphere is Still Highly Relevant Today. 23 A. Preserving Species and Habitats. 23 B. Cross Regional Cooperation. 24 III. The International Conservation Legal Framework for the Americas. 24 A.... |
2023 |
|
| Heather Tanana |
PROTECTING TRIBAL PUBLIC HEALTH FROM CLIMATE CHANGE |
15 Northeastern University Law Review 89 (March, 2023) |
C1-2Table of Contents Introduction 95 I. Climate Change in Indian Country 103 2A. Climate-Related Changes to Water 105 2B. Health Impacts of Climate Change 115 2C. Cultural Impacts of Climate Change 122 II. The Convergence of Federal Treaty and Trust Responsibilities, Tribal Health, and Climate Change 128 2A. Federal Responsibility to Provide... |
2023 |
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| Sam Kalen |
PUBLIC LAND MANAGEMENT'S FUTURE PLACE: ENVISIONING A PARADIGM SHIFT |
82 Maryland Law Review 240 (2023) |
The recent sesquicentennial of Yellowstone National Park, the nation's first and prototypical national park, marked an opportune moment for examining the management of the nation's public lands. Public lands are confronting a myriad of challenges, whether from climate change and the efficacy of using the nation's lands for fossil fuel development... |
2023 |
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PUERTO RICO OVERSIGHT, MANAGEMENT, AND ECONOMIC STABILITY ACT-- SOVEREIGN IMMUNITY--ELEVENTH AMENDMENT--U.S. TERRITORIES--FINANCIAL OVERSIGHT & MANAGEMENT BOARD FOR PUERTO RICO v. CENTRO DE PERIODISMO INVESTIGATIVO, INC. |
137 Harvard Law Review 460 (November, 2023) |
Puerto Rico is in a state of crisis. The island bears a debt burden of more than seventy-two billion dollars, retains lasting damage from natural disasters whilst being subject to discriminatory restrictions on federal aid, and is vulnerable to corporate interests and exploitation. The resultant austerity measures imposed in response to the debt... |
2023 |
Yes |
| Troy J.H. Andrade |
PŪPŪKAHI I HOLOMUA: CRITICAL LESSONS OF SOCIAL HEALING THROUGH JUSTICE FOR NATIVE HAWAIIANS |
52 Southwestern Law Review 67 (2023) |
From the violent displacement and genocide of indigenous communities to the enslavement and forced labor of Africans, from the theft of sovereignty of an Island kingdom to the racist imprisonment of citizens based upon fabricated stories of military necessity, American history is rife with examples of atrocious injustice. These injustices often... |
2023 |
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| Lev E. Breydo |
PUTIN'S MATRYOSHKA: A WAR REPARATIONS FACILITY FOR REBUILDING UKRAINE |
61 Columbia Journal of Transnational Law 641 (2023) |
This Article addresses a critical, trillion-dollar question: How do we hold Russia accountable for the reconstruction of Ukraine? The nation has been devastated by Russia's brutal war of aggression, with tens of thousands killed, millions displaced and its economy in shambles. The enormity of the problem cannot be over-stated. Existing proposals to... |
2023 |
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| Natsu Taylor Saito |
RACE, INDIGENEITY, AND MIGRATION |
117 AJIL Unbound 43 (2023) |
Race, indigeneity, and migration are integrally related in international law. This relationship can be traced to their origins in a legal system dedicated to facilitating European colonialism and imperial expansion. International law has constructed racial difference and deployed racialized hierarchies to determine who would be permitted to migrate... |
2023 |
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| Alyssa Couchie |
REBRAIDING FRAYED SWEETGRASS FOR NIIJAANSINAANIK (OUR CHILDREN): UNDERSTANDING CANADIAN INDIGENOUS CHILD WELFARE ISSUES AS INTERNATIONAL ATROCITY CRIMES |
44 Michigan Journal of International Law 405 (2023) |
The unearthing of the remains of Indigenous children on the sites of former Indian Residential Schools (IRS) in Canada has focused greater attention on anti-Indigenous atrocity violence in the country. While such increased attention, combined with recent efforts at redressing associated harms, represents a step forward in terms of recognizing and... |
2023 |
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| Jamese Hawkins, Mathew Grimes, Jana Simmons, Andrea Steel, Nolan Jackson, Lisa Pittman, Troy Sims |
RECENT DEVELOPMENTS IN CANNABIS LAW |
58 Tort Trial & Insurance Practice Law Journal 243 (Summer, 2023) |
I. Introduction. 244 II. Laws and Regulations. 244 A. Cannabis and the Dormant Commerce Clause. 244 B. I.R.S. Section 280E. 246 C. SAFE Banking Act. 247 D. Tribal Policies and Regulation of Marijuana. 248 III. Delta-8 THC. 250 A. Trademark and Copyright Infringement. 250 B. Alabama Board of Pharmacy Letter. 251 C. Marijuana Seeds Letter. 252 D.... |
2023 |
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| Federico Díaz Chacón |
REDD+ AND THE PROMOTION OF THE HUMAN RIGHTS OF INDIGENOUS PEOPLES: THE CASE OF CHILE |
41 UCLA Journal of Environmental Law & Policy 253 (2023) |
C1-2Table of Contents I. Introduction. 254 II. The Human Rights of Indigenous Peoples. 258 III. Indigenous Peoples and Climate Change. 263 IV. REDD+ International Framework and the Human Rights of Indigenous Peoples. 267 V. The Operationalization of REDD+ in Chile. 275 A. Jurisdictional REDD+ in Chile. 277 B. Project-Based REDD+. 287 1. The... |
2023 |
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| M. Alexander Pearl |
REFLECTIONS ON PLACE AND PEOPLE FROM WITHIN |
52 Southwestern Law Review 199 (2023) |
To begin by saying that Professor Rosser's book, A Nation Within: Navajo Land and Economic Development, is unique would be a disservice. Even the title itself fails to capture what the book is and represents. The titular language focuses on land and economy, but the reader learns so much more than that throughout the book. This essay reflects on... |
2023 |
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| John Herrmann |
REFOCUSING PRIORITIES FOR AT-RISK COMMUNITIES: FIRE MANAGEMENT FOR THE JUST TRANSITION |
53 Environmental Law 509 (Summer, 2023) |
Due to a century of disruption in natural fire in ecosystems paired with the rapid growth of the Wildland Urban Interface (WUI), wildland fire has become one of the most pressing issues in forest management because it places millions of people in close proximity to dangerous wildfires. Throughout the American West, forest managers are now facing... |
2023 |
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| Paul Rose |
REGULATING STRATEGIC SOVEREIGN WEALTH |
48 Brigham Young University Law Review 1345 (2023) |
In an era of ascendant globalization, sovereign wealth funds were used by governments around the world--and, in particular, by governments with massive natural resource wealth or balance-of-trade surpluses--to invest widely in foreign markets. Sovereign wealth funds were products of the international economic order then in existence, adapted to a... |
2023 |
Yes |
| William N. Eskridge Jr. |
RELIANCE INTERESTS IN STATUTORY AND CONSTITUTIONAL INTERPRETATION |
76 Vanderbilt Law Review 681 (April, 2023) |
People and companies rely on public law when they plan their activities; society relies on legal entitlements when it adapts to new technology, economic conditions, and social groups; legislators, administrators, and judges rely on settled law when they pass, implement, and interpret statutes (respectively). Such private, societal, and public... |
2023 |
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| Elizabeth Kronk Warner |
REMEMBERING A GIANT--ALEX TALLCHIEF SKIBINE |
2023 Utah Law Review 955 (2023) |
On February 4, 2023, the world lost a legal giant, as Professor Alex Tallchief Skibine passed away following a battle with an aggressive form of brain cancer. Professor Skibine's passing was an enormous loss for both our S.J. Quinney College of Law community and the field of Indian Law. Professor Skibine was intellectually curious, funny, and... |
2023 |
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| Trevor Reed |
RESTORATIVE JUSTICE FOR INDIGENOUS CULTURE |
70 UCLA Law Review 516 (August, 2023) |
One still unresolved aspect of North American colonization arises out of the mass expropriation of Indigenous peoples' cultural expressions to European-settler institutions and their publics. Researchers, artists, entrepreneurs, missionaries, and many others worked in partnership with major universities, museums, corporations, foundations, and... |
2023 |
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| Howard L. Zwickel , Evelyn M. Tenenbaum |
RESTORING CONGRESS'S AUTHORITY UNDER ARTICLE I TO ABROGATE THE STATES' ELEVENTH AMENDMENT IMMUNITY: A REMEDY THAT IS LONG OVERDUE |
84 University of Pittsburgh Law Review 665 (Spring, 2023) |
For over two centuries, Congress had the authority to enact laws that provided meaningful monetary relief for individuals who were injured by states due to discrimination, violations of intellectual property rights, and other state actions that were within Congress's power to legislate. That authority did not change until 1996, when the Supreme... |
2023 |
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| Michael K. Velchik, Jeffery Y. Zhang |
RESTORING INDIAN RESERVATION STATUS: AN EMPIRICAL ANALYSIS |
40 Yale Journal on Regulation 339 (Winter, 2023) |
In McGirt v. Oklahoma, the Supreme Court held that the eastern half of Oklahoma was Indian country. This bombshell decision was contrary to settled expectations and government practices spanning 111 years. It also was representative of an increasing trend of federal courts recognizing Indian sovereignty over large and economically significant areas... |
2023 |
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| Stratos Pahis |
RETHINKING INTERNATIONAL INVESTMENT LAW: FORM, FUNCTION & REFORM |
63 Virginia Journal of International Law 447 (Spring, 2023) |
Introduction. 449 I. Rethinking Function. 453 A. The Conventional Account. 453 B. The Contractual Alternative. 456 C. The Economic Function of Treaty Protection. 458 1. Cost Reduction and the Nature of Investment. 458 2. The Costs and Constraints of Treaty Protection. 461 D. The Non-Economic Functions of Treaty Protection. 463 1.... |
2023 |
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| Karen E. Lillie |
RETURNING CONTROL TO THE PEOPLE: THE NATIVE AMERICAN LANGUAGES ACT, RECLAMATION, AND NATIVE LANGUAGE TEACHER CERTIFICATION |
71 Buffalo Law Review 289 (April, 2023) |
In 1990, Congress passed the Native Americans Languages Act (NALA), recognizing that the status of the cultures and languages of Native Americans is unique and--critically--that the United States has the responsibility to act together with Native Americans to ensure that the languages and cultures of the Native People will surviv[e]. This Act... |
2023 |
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| Brett G. Roberts |
RETURNING THE LAND: NATIVE AMERICANS AND NATIONAL PARKS |
21 Ave Maria Law Review 148 (Spring, 2023) |
The best things we experience, the best things we know are immaterial things. They're ideas or emotions . if you look at the earth, there are certain places that seem to have power, and we don't know what kind of power it is except you have a different feeling, you feel energized .. How do you approach that, take something that's larger in yourself... |
2023 |
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| Julianna Smith |
RIGHTS OF NATURE AND TRIBAL SOVEREIGNTY: PROTECTING NATURAL COMMUNITIES, WILD RICE, AND SALMON IN THE UNITED STATES |
38 Maryland Journal of International Law 162 (2023) |
The transboundary nature of environmental harm has led to a vast and complex body of global environmental law. As environmental issues grow and technologies improve, countries look to each other to develop new ways to combat environmental harms and create cross-cultural environmental policies. Rights of Nature are an example of this and are largely... |
2023 |
Yes |
| Karli Uwaine |
RIGHTS OF NATURE IN HAWAI'I: PRESERVING THE RELATIONSHIP BETWEEN NATURAL RESOURCES AND CULTURAL SIGNIFICANCE |
53 Environmental Law 239 (Spring, 2023) |
Haunani-Kay Trask encapsulated the essence of this Comment when she wrote: Despite American territorial and economic control of Hawai'i since 1900, Hawaiians are not Americans. Nor are we Europeans or Asians. We are not from the Pacific Rim, nor are we immigrants to the Pacific. We are the children of Papa - earth mother - and Wkea - sky father -... |
2023 |
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| Benjamen Franklen Gussen* |
SCHRÖDINGER'S CAT: A CONSTITUTIONAL ALIEN IN AUSTRALIA? |
37 BYU Journal of Public Law 1 (2023) |
This Article provides a duty-based theory of constitutional alienage. Australian jurisprudence is used to illustrate how this theory would apply, with possible extensions to the other two great Anglo-American federations, the United States and Canada. An alien is a person who has no permanent allegiance to the Australian sovereign. This allegiance... |
2023 |
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| Jason A. Robison |
SCOTUS SPLITS IN ARIZONA v. NAVAJO NATION |
46-OCT Wyoming Lawyer 24 (October, 2023) |
On June 22, 2023, the U.S. Supreme Court handed down its much-awaited decision in Arizona v. Navajo Nation, 599 U.S. _, 143 S.Ct. 1804 (2023). Addressing the Navajos' needs for and rights to water in the Lower Colorado River Basin, the Justices split, with the Court ultimately rejecting the tribe's breach of trust claim against the federal... |
2023 |
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| Joao F. Magalhaes , Coordinating Editor, Connell Foley LLP, Newark, N.J. |
SCOTUS: TRIBAL SOVEREIGN IMMUNITY ABROGATED THROUGH THE CODE |
42-SEP American Bankruptcy Institute Journal 26 (September, 2023) |
In Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin, the U.S. Supreme Court set out to resolve a split among circuit courts of appeals as to whether Congress had abrogated the sovereign immunity of the Indian tribes through the Bankruptcy Code. The matter rose to the Court from a dispute between a wholly owned subsidiary of a... |
2023 |
Yes |
| Julia M. Zabriskie |
SEARCHING FOR INDIGENOUS TRUTH: EXPLORING A RESTORATIVE JUSTICE APPROACH TO REDRESS ABUSE AT AMERICAN INDIAN BOARDING SCHOOLS |
64 Boston College Law Review 1039 (April, 2023) |
Abstract: After the discovery of mass graves at Residential Schools in Canada, the United States revaluated its own history with Indian Boarding Schools. The nation will likely grapple with the issue of finding appropriate solutions for historical mass atrocities in the near future as it too discovers the remains of Native American children who... |
2023 |
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| Lumen N. Mulligan |
SELF-INTERVENTION |
94 University of Colorado Law Review 987 (Fall, 2023) |
You cannot intervene in your own case, duh! Yet the U.S. Supreme Court disagreed, holding that Federal Rule of Civil Procedure 24(a)(2) allows state legislative leaders, seeking to represent the state's sovereign interest, to intervene when the attorney general is already representing the state's sovereign interest. In this Article, I contend that... |
2023 |
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| Angela Louise R. Tiangco |
SELLING ALOHA: THE FIGHT FOR LEGAL PROTECTIONS OVER NATIVE HAWAIIAN CULTURE |
29 William and Mary Journal of Race, Gender, and Social Justice 489 (Winter, 2023) |
In 2018, a Chicago-based restaurant attempted to enforce a registered trademark of Aloha Poke by sending cease-and-desist letters to small businesses with names containing some variation of the phrase. Most of those businesses were owned by Native Hawaiians, causing an uproar due to the terms aloha and poke having strong ties to traditional... |
2023 |
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| Mollie Goldfarb |
SERVING (IN)JUSTICE: THE ILLS OF A FEDERAL AMERICAN INDIAN PROSECUTORIAL POWER |
15 Washington University Jurisprudence Review 361 (2023) |
It is a pity that so many Americans today think of the Indian as a romantic or comic figure in American history without contemporary significance. In fact, the Indian plays much the same role in our American society that the Jews played in Germany. Like the miner's canary, the Indian marks the shifts from fresh air to poison gas in our political... |
2023 |
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| Cristy Clark |
SHOULD NATURE HAVE RIGHTS? ORTHODOXY AND INNOVATION |
48 Law and Social Inquiry 1471 (November, 2023) |
Mihnea Tnsescu. Understanding the Rights of Nature: A Critical Introduction. Bielefeld: transcript Verlag, 2022. Confronted by a stream of dire reports of present and pending ecological destruction, it is no wonder that many of us seek out developments that have the potential to lead us down a different path. One such development is the growing... |
2023 |
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| Liam T. Sheridan |
SOLEMN VOW: SOLUM'S ORIGINALISM, TREATIES, AND TRIBAL SOVEREIGNTY IN CASTRO-HUERTA |
75 Maine Law Review 397 (June, 2023) |
Abstract Introduction I. Background A. What Is Originalism? B. Originalism and Federal Indian Law C. Historical Background: The Trail of Tears D. Legal Background: McGirt v. Oklahoma A. Majority Opinion 1. Facts 2. Constitutional Basis for State Criminal Jurisdiction 3. Federal Statutes Do Not Preempt State Jurisdiction 4. Bracker Balancing Test B.... |
2023 |
Yes |
| J. Zak Ritchie |
SOVEREIGN IMMUNITY AND THE WEST VIRGINIA CONSTITUTION |
125 West Virginia Law Review 885 (Spring, 2023) |
I. Background. 887 A. Sovereign Immunity in West Virginia and the Ratification of the 1872 State Constitution. 889 B. The Meaning of Article VI, Section 35. 890 1. The Textualist or Original Understanding Method. 890 2. The Original Meaning of Article VI, Section 35. 892 C. Application of Article VI, Section 35 before Pittsburgh Elevator. 894 1.... |
2023 |
Yes |
| Deborah L. Thorne , Luke L. Sperduto |
SOVEREIGN IMMUNITY TESTS BANKRUPTCY'S LEAST CONTESTED AXIOMS |
39 Emory Bankruptcy Developments Journal 1 (2023) |
Section 106 of the Bankruptcy Code expressly abrogates the sovereign immunity of governmental units with respect to fifty-nine other provisions of the Code. There are currently two distinct issues splitting circuit courts over the meaning of this provision. First, does section 106 waive the sovereign immunity of the Internal Revenue Service in... |
2023 |
Yes |
| Brent D. Chicken, Amanda J. Dick |
SOVEREIGN LANDS |
9 One J: Oil and Gas, Natural Resources, and Energy Journal 351 (December, 2023) |
C1-2Table of Contents I. Introduction. 351 II. Federal Regulatory Developments. 352 A. Amendments to and Issuance of Agency Rules. 352 B. Executive Action. 354 III. Judicial Developments. 355 A. Moratorium on Federal Leases. 355 B. Royalty Calculations on Tribal Lands. 356 C. Extension of Tribal Immunity. 358 D. Operator Trespass on Tribal Land.... |
2023 |
Yes |
| Barbara Ann Atwood |
STANDING MATTERS: BRACKEEN, ARTICLE III, AND THE LURE OF THE MERITS |
23 Journal of Appellate Practice and Process 105 (Winter, 2023) |
The Supreme Court's grant of certiorari in Brackeen v. Haaland and consolidated petitions marks only the third time that the Court has taken up a case arising under the Indian Child Welfare Act of 1978 (ICWA). From its inception in the Northern District of Texas to the Fifth Circuit's en banc decision, the litigation has been closely watched, not... |
2023 |
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| Megan Wagner |
STANDING ROCK SIOUX TRIBE: WHY WINNING VACATUR UNDER NEPA MAY NOT BE ENOUGH TO LIMIT DAMAGE TO THE ENVIRONMENT |
44 Energy Law Journal 139 (2023) |
I. Introduction. 139 II. Background. 141 A. History of Lake Oahe and the Standing Rock Sioux Tribe. 141 B. A General History of U.S. Pipelines and DAPL. 142 C. Permitting Procedures and Permissions. 143 1. National Historic Preservation Act, Section 106. 143 2. National Environmental Policy Act. 144 D. Relevant Treaties and Acts. 145 III. Analysis.... |
2023 |
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| Andrew Case |
STATE EX REL. MATLOFF v. WALLACE: REVERSING COURSE ON SUBJECT MATTER JURISDICTION |
47 American Indian Law Review 71 (2022-2023) |
In July of 2020, The United States Supreme Court handed down its ruling in McGirt v. Oklahoma, reaffirming lands in Northeast Oklahoma as Indian Country for purposes of the Major Crimes Act (MCA). In so holding, the Court reaffirmed exclusive federal jurisdiction over major crimes committed by Indians within those areas. Prior to the ruling, the... |
2023 |
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| Russell C. Bogue |
STATUTORY STRUCTURE |
132 Yale Law Journal 1528 (March, 2023) |
One of the least controversial tools of statutory interpretation the Supreme Court employs is also one of its least examined: the use of a statute's structure. For decades--but particularly under Chief Justice Roberts--the Court has determined the meaning of ambiguous statutory provisions through reference to the structure, scheme, or plan... |
2023 |
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| Abigail M. Hunt, Robin M. Rotman |
STEWARDING AMERICA'S FEDERAL PUBLIC LANDS |
39 Practical Real Estate Lawyer 3 (11/1/2023) |
The authors would like to acknowledge Sydney Bennett, JD, a graduate at the University of Missouri School of Law (2023), for her valuable research assistance. This land is your land, this land is my land. This land was made for you and me. --Woody Guthrie The iconic Woody Guthrie Song This Land Is Your Land is a song celebrating the great... |
2023 |
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| Mx. B. Stephen Jones |
STRENGTHENING NAGPRA |
41 Cardozo Arts and Entertainment Law Journal 883 (2023) |
Introduction 883 I. The History, Content, and Failings of NAGPRA 885 A. The History of NAGPRA 885 B. The General Content of NAGPRA 889 C. The Failings of NAGPRA 890 II. Existing Mechanisms for International Repatriation 892 A. Mutual Legal Assistance Treaties 893 B. The McClain Doctrine 897 III. The STOP Act 904 IV. Intangible Property, the Right... |
2023 |
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| Monika U. Ehrman |
SUPRANATURAL 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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| James G. Hodge, Jr., Leila Barraza, Jennifer L. Piatt, Erica N. White, Summer Ghaith, Samantha Hollinshead, Lauren Krumholz, Madisyn Puchebner, Emma Smith |
SUPREME COURT IMPACTS IN PUBLIC HEALTH LAW: 2022-2023 |
51 Journal of Law, Medicine & Ethics 684 (Fall, 2023) |
Keywords: Supreme Court, Constitution, Public Health, Agency Deference, Vaccinations Abstract: In another tumultuous term of the United States Supreme Court in 2022-2023 a series of critical cases implicate instant and forthcoming changes in multiple fronts that collectively shift the national public health law and policy environment. The first... |
2023 |
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