| Author | Title | Citation | Summary | Year | Key Terms |
| Heather Erickson 2L |
SUPREME COURT SAYS BANKRUPTCY RULES APPLY TO TRIBES |
27 Journal of Consumer & Commercial Law 17 (Fall, 2023) |
Lac du Flambeau Band of Lake Superior Chippewa Indians v. Brian W. Coughlin 143 S. Ct. 1689, 216 L. Ed. 2d 342 (2023). In Lac du Flambeau Band of Lake Superior Chippewa Indians v. Brian W. Coughlin, the U.S. Supreme Court examined if the Bankruptcy Code overrides tribal sovereign immunity. The case required the Court to resolve the conflict between... |
2023 |
|
| John P. LaVelle |
SURVIVING CASTRO-HUERTA: THE HISTORICAL PERSEVERANCE OF THE BASIC POLICY OF WORCESTER v. GEORGIA PROTECTING TRIBAL AUTONOMY, NOTWITHSTANDING ONE SUPREME COURT OPINION'S ERRANT NARRATIVE TO THE CONTRARY |
74 Mercer Law Review 845 (Spring, 2023) |
I. Introduction. 846 II. Oklahoma v. Castro-Huerta: Facts, Proceedings, and Divergent Majority and Dissenting Opinions. 849 III. Castro-Huerta's Power Play: Forging a False Historical Narrative to Uproot Worcester and Expand State Authority in Indian Country. 851 A. Key Precedents Misrepresented and Misapplied. 851 1. Worcester v. Georgia (1832).... |
2023 |
|
| Michael-Corey Francis Hinton |
SYMPOSIUM KEYNOTE: "ISOLATION AND RESTRAINT: MAINE'S UNIQUE STATUS OUTSIDE FEDERAL INDIAN LAW" |
75 Maine Law Review 226 (June, 2023) |
Ntolis Michael-Corey Francis Hinton Peskotomuhkat nil Nujayaw Portland, Waponakik Nutapeks Sipayik naga Miyaks Nuskuhutomon yut ikolisomani-tpaskuwakon naga ktopaskuwakononnul. Pihce yut peciptasu ikolisomani-tpaskuwakon, on toke ktuwehkanen naka knokotomonen kilun ktopaskuwakononnul. N'pehqiyal Don Gellers pemkiskahk Nekom nilun kisi-wicuhkemit.... |
2023 |
|
| Jonathan Williams |
TEXT AND STRUCTURE IN HISTORICAL CONTEXT: A THEORY ABOUT THE FATE OF THE EXCLUSIVE TREATY POWER |
48 North Carolina Journal of International Law 227 (Spring, 2023) |
I. Introduction. 228 A. Congressional-Executive Agreements and the Paradox of International Agreement--Making in the 2020s. 228 B. Treaty Exclusivity Against Interchangeability: The Terms Defined and Illustrated. 229 II. Exclusivity Against Interchangeability Since the 1990s. 234 A. Tribe's Textual and Structural Challenge. 234 B. The Scarcity of... |
2023 |
Yes |
| Lyn Suzanne Entzeroth |
TEXTUALISM AND ANOTHER BROKEN PROMISE: RETROACTIVITY AND MCGIRT v. OKLAHOMA |
32 Southern California Review of Law & Social Justice 235 (Spring, 2023) |
On July 9, 2020, the United States Supreme Court handed down McGirt v. Oklahoma, one of the Court's most consequential decisions concerning Indian law and tribal sovereignty. Employing an expressly textualist approach to interpret the applicable federal treaties and statutes, Justice Neil Gorsuch's eloquent majority opinion found that Congress has... |
2023 |
|
| William N. Eskridge, Jr. , Brian G. Slocum , Kevin Tobia |
TEXTUALISM'S DEFINING MOMENT |
123 Columbia Law Review 1611 (October, 2023) |
Textualism promises simplicity and objectivity: Focus on the text, the whole text, and nothing but the text. But the newest version of textualism is not so simple. Now that textualism is the Supreme Court's dominant interpretive theory, most interpretive disputes implicate textualism, and its inherent complexities have surfaced. This Article is the... |
2023 |
|
| Grace Slaff |
THE ADMINISTRATION OF INJUSTICE: THE CONFLICT BETWEEN FEDERAL AND TRIBAL CRIMINAL JURISDICTION |
47 American Indian Law Review 261 (2022-2023) |
The subjectivity of criminal justice often leaves the reform process slow moving, producing little results. Differing opinions about criminal justice progression often get in the way of progressive reform. Should we spend our time advocating for victims, or can society set its feelings aside about the notions of crime and advocate for the... |
2023 |
|
| Nicholas J. Stamates |
THE AFTERMATH OF MCGIRT AND CASTRO-HUERTA: PROBLEMS AND POSSIBLE SOLUTIONS RELATING TO WHITE-COLLAR CRIME IN THE CITY OF TULSA |
55 Texas Tech Law Review 535 (Spring, 2023) |
C1-3Table of Contents I. Introduction. 536 A. Background. 536 II. The Aftermath. 538 III. The White-Collar Crime in Indian Country. 540 IV. Solutions to the White-Collar Crime Problem. 548 V. Building Private Tribal Relations and Dealing with the White-Collar Problem. 553 VI. Proactive Measures Companies Can Take on Their Own in Light of McGirt.... |
2023 |
|
| Angelique EagleWoman (Wambdi A. Was'teWinyan) |
THE CAPITALIZATION OF "TRIBAL NATIONS" AND THE DECOLONIZATION OF CITATION, NOMENCLATURE, AND TERMINOLOGY IN THE UNITED STATES |
49 Mitchell Hamline Law Review 623 (June, 2023) |
I. Introduction. 624 II. The Basics on the Political Status and Proper Understanding of Tribal Nations in the United States. 625 III. Issues and Consequences of Capitalization for Terms Referring to Tribal Nations in the United States. 627 A. Tribal Political Status and the Failings of The AP Stylebook. 628 B. Tribal Political Status and the Errors... |
2023 |
|
| Tom I. Romero, II |
THE COLOR(BLIND) CONUNDRUM IN COLORADO PROPERTY LAW |
94 University of Colorado Law Review 449 (Spring, 2023) |
I. Colorblindness. 450 II. Color by Conquest. 459 A. Conquest over Land. 462 B. Conquest over the Family Home. 469 C. Conquest over Landmarks. 474 III. Color by Law. 484 A. The Color of Neighborhoods. 489 B. The Color of Politics. 498 C. The Color of Public School. 504 IV. Conundrums and Consciousness. 514 A. The Legacy of Conquest and Color. 519... |
2023 |
|
| Trevor George Gardner |
THE CONFLICT AMONG AFRICAN AMERICAN PENAL INTERESTS: RETHINKING RACIAL EQUITY IN CRIMINAL PROCEDURE |
171 University of Pennsylvania Law Review 1699 (June, 2023) |
This Article argues that neither the criminal justice reform platform nor the penal abolition platform shows the ambition necessary to advance each of the primary African American interests in penal administration. It contends, first, that abolitionists have rightly called for a more robust conceptualization of racial equity in criminal procedure.... |
2023 |
|
| Matthew L.M. Fletcher |
THE DARK MATTER OF FEDERAL INDIAN LAW: THE DUTY OF PROTECTION |
75 Maine Law Review 305 (June, 2023) |
Abstract Introduction I. The Original Understanding of the Duty of Protection II. The Current Understanding of the Duty of Protection A. Congress and the Department of the Interior B. Department of Justice C. The Supreme Court III. The Duty of Protection as Dark Matter IV. The United Nations Declaration on the Rights of Indigenous Peoples as a... |
2023 |
|
| Caroline B. Moore, Deanne Dunbar Dolan, Rachel Yarmolinsky, Mildred K. Cho, Sandra Soo-Jin-Lee |
THE ELSI VIRTUAL FORUM, 30 YEARS OF THE GENOME: INTEGRATING AND APPLYING ELSI RESEARCH |
51 Journal of Law, Medicine & Ethics 661 (Fall, 2023) |
Keywords: ELSI, Ethics, Genetics, Biases, Justice, Equity Abstract: This paper reports our analysis of the ELSI Virtual Forum: 30 Years of the Genome: Integrating and Applying ELSI Research, an online meeting of scholars focused on the ethical, legal, and social implications (ELSI) of genetics and genomics. On March 3, 1989, the National Center for... |
2023 |
|
| Cameron Abatti |
THE ENEMY OF MY ENEMY IS MY FRIEND. THE RETURN OF WOLVES THROUGH FEDERAL AUTHORITY AND TRIBAL TREATY RIGHTS |
34 Colorado Environmental Law Journal 353 (Spring, 2023) |
Introduction. 354 I. Background. 360 A. The Misconceptions about Wolves. 360 1. Hunters. 360 2. Ranchers. 362 B. Nonlethal Predator Management. 364 II. Federal Authority and Management for Wildlife on Federal Lands. 366 A. Constitutional Authority. 366 1. Supremacy Clause. 366 2. Property Clause. 367 3. Commerce Clause. 368 4. Tenth Amendment.... |
2023 |
Yes |
| Robert G. Natelson |
THE FALSE DOCTRINE OF INHERENT SOVEREIGN AUTHORITY |
24 Federalist Society Review 346 (10/20/2023) |
This essay examines the hypothesis that the federal government and its departments and officials hold powers unenumerated in the Constitution because those powers are inherent in the federal government's sovereignty. This hypothesis is called the doctrine of inherent sovereign authority. It should not be confused with a similarly-named... |
2023 |
Yes |
| Samantha Doss |
THE FOOD DISTRIBUTION PROGRAM ON INDIAN RESERVATIONS: PAST, PRESENT, AND FUTURE |
76 Arkansas Law Review 219 (2023) |
In 2018, the United States Department of Agriculture (USDA) proposed replacing much of the Supplemental Nutrition Assistance Program (SNAP) with America's Harvest Box, a program that would directly distribute a package of non-perishable food items to low-income families. The proposal was met with intense controversy. Many hunger advocates,... |
2023 |
|
| Nasrin Camilla Akbari |
THE GLADUE APPROACH: ADDRESSING INDIGENOUS OVERINCARCERATION THROUGH SENTENCING REFORM |
98 New York University Law Review 198 (April, 2023) |
In the American criminal justice system, individuals from marginalized communities routinely face longer terms and greater rates of incarceration compared to their nonmarginalized counterparts. Because the literature on mass incarceration and sentencing disparities has largely focused on the experiences of Black and Hispanic individuals, far less... |
2023 |
|
| Nicole Friederichs |
THE GROWING LIST OF REASONS TO AMEND THE MAINE INDIAN JURISDICTIONAL AGREEMENT |
75 Maine Law Review 331 (June, 2023) |
Abstract Introduction I. History and Context A. The Land Claim and Subsequent Negotiations Efforts B. Tribal Sovereignty and Trust Responsibility at the Time of the Settlement Acts C. The Role (and Absence) of the U.S. Department of the Interior During the Land Claim Settlement Process II. The Hand-Over to Congress A. The Jurisdictional... |
2023 |
|
| Amelia Tidwell |
THE HEART OF THE MATTER: ICWA AND THE FUTURE OF NATIVE AMERICAN CHILD WELFARE |
43 Journal of the National Association of Administrative Law Judiciary 126 (Spring, 2023) |
The United States has a long and tragic history of removing Native American children from their homes and culture at shocking rates. Congress passed the Indian Child Welfare Act (ICWA) in 1978 in response to that crisis and many states have bolstered the Act with state legislation and tribal-state agreements, but racial disparities are still... |
2023 |
|
| Jordan K. Medaris |
THE IMPACT OF CLIMATE CHANGE ON THE CULTURAL IDENTITY OF INDIGENOUS PEOPLES AND THE NATION'S FIRST "CLIMATE REFUGEES" |
47 American Indian Law Review 1 (2022-2023) |
I am convinced that climate change, and what we do about it, will define us, our era, and ultimately the global legacy we leave for future generations. Today, the time for doubt has passed. - U.N. Secretary-General Ban Ki-moon The people of the world cannot continue to ignore Aboriginal Indigenous Peoples, the Natural System of Life, the Natural... |
2023 |
|
| Zoe Vogel |
THE IMPORTANCE OF ENSURING AN ACCESSIBLE FEDERAL ACKNOWLEDGMENT PROCESS FOR INDIGENOUS TRIBES IN THE FACE OF THE CLIMATE CRISIS |
36 Tulane Environmental Law Journal 275 (Summer, 2023) |
I. Introduction. 275 II. Federal Acknowledgment Process: Procedures for Establishing that an American Indian Group Exists as an Indian Tribe. 278 A. History of Federal Recognition. 278 B. Current Process. 282 III. The Importance of an Accessible Federal Acknowledgment Process for Indigenous Tribes. 284 A. Right to Culture. 285 B. Access to Federal... |
2023 |
|
| Jed H. Shugerman |
THE INDECISIONS OF 1789: INCONSTANT ORIGINALISM AND STRATEGIC AMBIGUITY |
171 University of Pennsylvania Law Review 753 (March, 2023) |
The unitary executive theory relies on the First Congress and an ostensible Decision of 1789 as an originalist basis for unconditional presidential removal power. In light of new evidence, the First Congress was undecided on any constitutional theory and retreated to ambiguity in order to compromise and move on to other urgent business. Seila... |
2023 |
|
| Neoshia R. Roemer |
THE INDIAN CHILD WELFARE ACT AS REPRODUCTIVE JUSTICE |
103 Boston University Law Review 55 (February, 2023) |
Federal Indian policy is rooted in family regulation. Here, family regulation is twofold, comprising: (1) the idea that American Indian families should be curated to be more like their non-Indian counterparts; and (2) the child welfare system, as Dorothy Roberts notes. Overall, family regulation was part of an Indian assimilation project. Since the... |
2023 |
|
| M. Alexander Pearl |
THE INDIAN CHILD WELFARE ACT IN THE MULTIVERSE |
121 Michigan Law Review 1101 (April, 2023) |
Adoptive Couple v. Baby Girl. By Matthew L.M. Fletcher and Kathryn E. Fort, in Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law 452, 471. Edited by Bennett Capers, Devon W. Carbado, R.A. Lenhardt and Angela Onwuachi-Willig. Cambridge: Cambridge University Press. 2022. Pp. xxx, 694. Cloth, $84.75; paper, $39.19. As a kid, I... |
2023 |
|
| Chief Ben Barnes |
THE INTERSECTION OF LANGUAGE, LAW, AND SOVEREIGNTY: A SHAWNEE PERSPECTIVE |
34 Colorado Environmental Law Journal 17 (Spring, 2023) |
NOTE: what follows is a lightly-edited transcript of the keynote address held as part of the 54 Algonquian Conference, University of Colorado Boulder, October 21, 2022. Kristen Carpenter: Greetings from the American Indian Law Program here at the University of Colorado. I am pleased to have this opportunity to co-chair this conference with my... |
2023 |
Yes |
| Kirke Kickingbird |
THE JURISDICTIONAL LANDSCAPE OF INDIAN COUNTRY AFTER THE MCGIRT AND CASTRO-HUERTA DECISIONS |
48 Human Rights 10 (2023) |
On July 9, 2020, the U.S. Supreme Court issued its opinion in McGirt v. Oklahoma, 591 U.S. _, 140 S. Ct. 2452 (2020), a case involving state jurisdiction in Indian Country. Petitioner McGirt, an Indian, contended the sexual offenses that were the subject of his state conviction occurred in Indian Country--the reservation of the Muscogee (Creek)... |
2023 |
|
| Rosa Celorio |
THE KALEIDOSCOPE OF CLIMATE CHANGE AND HUMAN RIGHTS: THE PROMISE OF INTERNATIONAL LITIGATION FOR WOMEN, INDIGENOUS PEOPLES, AND CHILDREN |
13 Arizona Journal of Environmental Law & Policy 155 (Spring, 2023) |
Climate change has been identified as a global emergency, a major international development issue, and a priority concern by many international and national entities. Women, Indigenous peoples, and children are some of the individuals and groups most affected by the adverse impacts of climate change. The author contends in this article that... |
2023 |
|
| Hailey Trawick |
THE LEGACY OF TRUST PROMISES: NATIVE AMERICAN HEALTHCARE |
25 Scholar: St. Mary's Law Review on Race and Social Justice 301 (2023) |
Introduction. 302 I. The Evolution of the Trust Doctrine. 306 A. Treaties. 307 B. Case Law. 308 C. The Snyder Act. 310 D. The Indian Health Care Improvement Act (IHCIA). 312 II. The Legal and Interpretive Follies Behind the Circuits Looking Beyond Statutory Trust Duties. 313 A. The Circuit Holdings. 314 1. The Ninth Circuit: Quechan Tribe of the... |
2023 |
|
| Rosemary Mahaffey |
THE MONTANA "2.0" TEST FOR TRIBAL CIVIL ADJUDICATORY JURISDICTION: A GRAIN OF RIGHTS |
9 One J: Oil and Gas, Natural Resources, and Energy Journal 45 (September, 2023) |
C1-2Table of Contents I. Introduction: Opposing Interests in Minnesota. 46 A. The White Earth Nation and Manoomin. 47 B. The Line 3 Pipeline. 49 II. Before the Case: Laws and Practices of The White Earth Band. 50 A. Rice Can Sue You - The Rights of Nature Movement. 50 B. The Law on Tribal Civil Adjudicatory Jurisdiction. 51 III. The Trial Decision... |
2023 |
|
| Alexander Volokh |
THE MYTH OF THE FEDERAL PRIVATE NONDELEGATION DOCTRINE |
99 Notre Dame Law Review 203 (November, 2023) |
Judges and scholars have often claimed that delegations of governmental power to private parties are constitutionally prohibited. However, such a private nondelegation doctrine is elusive, if not nonexistent. To understand why, first we need to realize that there are actually several distinct nondelegation doctrines. I develop a taxonomy that... |
2023 |
|
| Wendy S. Greyeyes |
THE NATION WITHIN: PROSPECTS FOR AN INDIGENOUS FUTURE |
52 Southwestern Law Review 271 (2023) |
Professor Ezra Rosser's work comes at a pivotal point for my Navajo people in terms of land issues and economic development, as the pressure to rebuild a new Navajo economy has increased during the recent presidential election. For example, at the June 28, 2022 Navajo Nation Presidential Forum hosted by Diné College, Native American students from... |
2023 |
|
| Mary Christina Wood |
THE OREGON FOREST TRUST: AN ECOLOGICAL ENDOWMENT FOR POSTERITY |
101 Oregon Law Review 515 (2023) |
Introduction. 520 I. Oregon's Forests: Silent and Vibrant Cathedrals Sustaining Life. 530 A. The Endowment. 530 1. Inestimable Functions of Forests. 531 2. Inseverable from the Rest of Nature. 534 B. Disastrous Management for Private Profit. 535 II. Legal Context of Management: Property Ownerships and Regulation. 538 A. The Ownership Prerogative.... |
2023 |
|
| Helia Bidad |
THE POWER OF TRIBAL COURTS IN ONGOING ENVIRONMENTAL-TORT LITIGATION |
132 Yale Law Journal Forum 904 (2/17/2023) |
abstract. Cities, counties, and states across the country are bringing environmental and climate tort suits to hold environmental tortfeasors accountable. These cases are commonly brought in state and federal court, but the possibility of bringing these suits in tribal courts has largely been left out of the discussion. In the wake of attacks on... |
2023 |
|
| Alexander M. Roider |
THE PROMISE AT THE END OF THE TRAIL: USING MCGIRT TO CLOSE THE TRIBAL ENTERPRISE PERFORMANCE GAP |
52 Public Contract Law Journal 323 (Winter, 2023) |
Despite being introduced in identical ways, tribal enterprises and Alaska Native Corporations have achieved vastly different outcomes in their government contracting operations. However, the Supreme Court's recent decision in McGirt v. Oklahoma may change this, handing down a potential beacon of hope to the underperforming tribal enterprises. This... |
2023 |
|
| William Ortman |
THE PROSECUTION BAR |
101 Washington University Law Review 123 (2023) |
The American legal profession needs a prosecution bar. Before lawyers are permitted to appear for the government in a criminal case, they should be licensed not just to practice law, but to practice prosecution. The two are not the same. Regulating them as if they were fosters injustice and fortifies the carceral state. Doing justice is the... |
2023 |
|
| Dylan R. Hedden-Nicely |
THE REPORTS OF MY DEATH ARE GREATLY EXAGGERATED: THE CONTINUED VITALITY OF WORCESTER v. GEORGIA |
52 Southwestern Law Review 255 (2023) |
Sovereign governments, like the people that form them, are imperfect. All have some level of corruption, privileging, and bias. Some, unfortunately, are despotic or rapidly moving in that direction. Most, however, strive to form a more perfect union, whereby they maintain their political integrity and economic security so as to improve the health... |
2023 |
|
| Samuel S. Johnson |
THE RIGHT TO THE COPY: A CASE FOR APPLYING PHYSICAL TAKINGS PROTECTION TO INTELLECTUAL PROPERTY |
17 Liberty University Law Review 385 (Spring, 2023) |
Perhaps the only exception to the rule that every rule has its exceptions is the law of unintended consequences. An example may be found in the Supreme Court's 2020 ruling in Allen v. Cooper. Seeking to protect the rights of states against the federal judiciary, the Court ruled that states are immune from suit in federal court for copyright... |
2023 |
|
| Kathryn Fort |
THE ROAD TO BRACKEEN: DEFENDING ICWA 2013-2023 |
72 American University Law Review 1673 (June, 2023) |
From 2013 to 2023, the Indian Child Welfare Act (ICWA) was challenged in the courts more than the Affordable Care Act. This Article lays out the history of the fight over ICWA from Baby Girl to Haaland, from my perspective as a clinical professor who has been involved with every major ICWA case since 2013, as well as my observations about why ICWA... |
2023 |
|
| Lily Cohen |
THE ROLE OF ENVIRONMENTAL LAW IN ADDRESSING THE VIOLENT EFFECTS OF RESOURCE EXTRACTION ON NATIVE WOMEN |
47 Harvard Environmental Law Review 275 (2023) |
Native women face increased levels of sexual assault, sex trafficking, and other gender-based violence when resource extraction projects are located near Native communities. Recently, organizations have begun raising claims concerning the safety of Native women and children when challenging projects like the Keystone XL pipeline. However, these... |
2023 |
|
| Russ VerSteeg |
THE ROLE OF LAW IN U.S. HISTORY TEXTBOOKS |
71 Cleveland State Law Review 363 (2023) |
This Article analyzes the references to law found in three standard U.S. History textbooks: (1) Alan Brinkley, American History Connecting with the Past 745 (McGraw-Hill Educ., 15th ed. 2015); (2) Eric Foner, Give Me Liberty! An American History 461 (Steve Forman et al. eds., 5th ed. 2017); and (3) David Goldfield et al., The American Journey: A... |
2023 |
|
| Michael D. McNally |
THE SACRED AND THE PROFANED: PROTECTION OF NATIVE AMERICAN SACRED PLACES THAT HAVE BEEN DESECRATED |
111 California Law Review 395 (April, 2023) |
From Standing Rock to San Francisco Peaks, Native American efforts to protect threatened sacred places in court have been troubled by what this Article identifies as the profanation principle: a presumption that places already profaned or degraded by development or pollution can no longer be sufficiently sacred to Native peoples to merit... |
2023 |
|
| W. Tanner Allread |
THE SPECTER OF INDIAN REMOVAL: THE PERSISTENCE OF STATE SUPREMACY ARGUMENTS IN FEDERAL INDIAN LAW |
123 Columbia Law Review 1533 (October, 2023) |
In the 2022 case of Oklahoma v. Castro-Huerta, the Supreme Court departed from one of the foundational cases in federal Indian law, Worcester v. Georgia. Chief Justice John Marshall's 1832 opinion had dismissed state power over Indian Country. But in Castro-Huerta, the Court took precisely the kind of arguments about state power that Chief Justice... |
2023 |
|
| Dylan R. Hedden-Nicely |
THE TERMS OF THEIR DEAL: REVITALIZING THE TREATY RIGHT TO LIMIT STATE JURISDICTION IN INDIAN COUNTRY |
27 Lewis & Clark Law Review 457 (2023) |
But today and to its credit, the Court holds the parties to the terms of their deal. It is the least we can do. Justice Neil Gorsuch, Washington State Department of Licensing v. Cougar Den. For over 200 years, the whole course of judicial decision in the United States has recognized that American Indian tribes possess inherent sovereignty to... |
2023 |
Yes |
| Andrew Willinger |
THE TERRITORIES UNDER TEXT, HISTORY, AND TRADITION |
101 Washington University Law Review 1 (2023) |
In two of its major decisions in the 2021-2022 Term, New York State Rifle & Pistol Ass'n v. Bruen and Dobbs v. Jackson Women's Health Organization, the Court continued solidifying its originalist method of constitutional interpretation by looking increasingly to historical regulatory practice to construe how the Constitution protects individual... |
2023 |
|
| Christina Rinnert |
THE TROUBLE WITH THE TRIBAL LAW AND ORDER ACT |
59-AUG Arizona Attorney 36 (July/August, 2023) |
The application of the Tribal Law and Order Act (TLOA) creates multiple issues for tribes: a lack of funding for appointing attorneys, concerns about congressionally dictated incarceration limitations' effects on tribal sovereignty, and negative effects on tribal justice customs and traditions. Many of us have heard the Miranda rights recited so... |
2023 |
|
| Karin Mika |
THE UNITED STATES AND THE NEED FOR AN IMPROVED GLOBAL CITIZENSHIP IN THE TWENTY-FIRST CENTURY: HOW HISTORY SHAPED OUR IDENTITY AS A NATION |
72 Cleveland State Law Review 25 (2023) |
This Article describes how accidents of geography and history enabled the United States to become the global power that it has become. It examines how the extended warring in Europe during the Eighteenth and Nineteenth century allowed the United States to develop as a country without the repeated necessity of continually rebuilding, as was... |
2023 |
|
| Gabrielle Jones |
THE WINDING TRAIL: A LOOK AT NON-LINEAR TEMPORALITY IN LITERARY WORKS IN RESPONSE TO THE ISSUE OF SOVEREIGNTY |
47 American Indian Law Review 195 (2022-2023) |
--Justice Gorsuch In a 2013 case in the United States District Court of the Western District of Texas, Steven John Busti alleged copyright infringement of his comic, Cowboys and Aliens, by two works: a graphic novel and a movie, both named Cowboys & Aliens. Based on titles of works alone, a reader can already glean how the court approached this... |
2023 |
Yes |
| Jeanne L. Schroeder , David Gray Carlson |
THIRD-PARTY RELEASES UNDER THE BANKRUPTCY CODE AFTER PURDUE PHARMA |
31 American Bankruptcy Institute Law Review 1 (Winter, 2023) |
C1-2Table of Contents Introduction. 2 I. Species of Releases. 5 A. Settlements. 6 1. Breach of Fiduciary Duty. 7 2. Piercing Corporate Veils. 8 3. Fraudulent Transfers. 10 4. Joint and Several Liability. 11 B. Insurance Cases. 12 C. Qualified Immunity. 15 D. Asbestos Cases. 16 E. Expropriation of Third-Party Rights. 18 F. Eminent Domain. 21 II. The... |
2023 |
|
| Adam Crepelle |
THOUGHTS ON A NATION WITHIN'S DISCUSSION OF THE NAVAJO NATION'S WATER RIGHTS |
52 Southwestern Law Review 208 (2023) |
Professor Ezra Rosser's book, A Nation Within: Navajo Land and Economic Development, paints a vivid picture of the challenges facing the Navajo Nation. The book provides a concise history of the challenges the Navajo have encountered since first European contact. Rosser clearly explains the past injustices perpetrated against the Navajo by the... |
2023 |
|
| Elena S. Meth |
TITLE VII'S FAILURES: A HISTORY OF OVERLOOKED INDIFFERENCE |
121 Michigan Law Review 1417 (June, 2023) |
Nearly sixty years after the adoption of Title VII and over thirty since intersectionality theory was brought into legal discourse by Professor Kimberlé Crenshaw, the U.S. Supreme Court has consistently failed to meaningfully implement intersectionality into its decisionmaking. While there is certainly no shortage of scholarship on... |
2023 |
|