| Author | Title | Citation | Summary | Year | Key Terms |
| Lauren Benton , Adam Clulow |
INTERPOLITY LAW AND JURISDICTIONAL POLITICS |
42 Law and History Review 197 (May, 2024) |
Challenging the common assumption that legal misunderstanding was pervasive, this article analyzes jurisdictional politics as an element of interpolity law--a broad framework for legal interactions across polities and regions in the early modern world. It draws on recent research on jurisdictional politics to show how such an approach allows... |
2024 |
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| Casey M. Corvino , Julia R. Vassallo |
INTERROGATING HAALAND v. BRACKEEN: FAMILY REGULATION, CONSTITUTIONAL POWER, AND TRIBAL RESILIENCE: THE CONNECTICUT LAW REVIEW SYMPOSIUM |
56 Connecticut Law Review 1009 (May, 2024) |
In October 2023, the Connecticut Law Review hosted the Symposium Interrogating Haaland v. Brackeen: Family Regulation, Constitutional Power, and Tribal Resilience. The symposium was centered on the state of federal Indian law in the wake of the Brackeen decision. This decision was a victory for Indigenous families and Native nations as it left... |
2024 |
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| Joel Fishman, Ph.D., M.L.S., Allegheny County, Member of the Pennsylvania Bar |
JOHN SERGEANT (1779-1852): PHILADELPHIA CIVIC LEADER, CONGRESSMAN, LAWYER |
95 Pennsylvania Bar Association Quarterly 249 (October, 2024) |
John Sergeant (1779-1852) was a leading Philadelphia lawyer in the first half of the nineteenth century. He served in various civic activities, served as a member of the House of Representatives in seven Congresses, and had a distinguished legal career in both the Federal and Pennsylvania courts. This article will review his life and work.... |
2024 |
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| James E. Pfander |
JUDICIAL REVIEW OF UNCONVENTIONAL ENFORCEMENT REGIMES |
102 Texas Law Review 769 (March, 2024) |
The Supreme Court's decision in Whole Woman's Health v. Jackson seriously complicates judicial review of unconventional private enforcement schemes. Announced in December 2021, before the leak and eventual publication of the Dobbs decision, WWH studiously declined to block the effectiveness of the Texas Heartbeat Act, S.B. 8, citing a reluctance to... |
2024 |
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| Kirsten Matoy Carlson |
JUSTICE BEYOND THE STATE |
41 Alaska Law Review 45 (December, 2024) |
For decades the intersectionality of extreme rurality and cultural difference has led scholars and tribal leaders to advocate for recognition of local authority as a solution to the justice gap in rural Alaska. Local control often means developing courts in and extending jurisdiction to Alaska Native villages. This Article evaluates strengthening... |
2024 |
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| Richard J. Lazarus, Andrew Slottje |
JUSTICE GORSUCH AND THE FUTURE OF ENVIRONMENTAL LAW |
43 Stanford Environmental Law Journal 1 (February, 2024) |
I. Introduction. 2 II. Justice Gorsuch's Nomination. 6 III. Justice Gorsuch's Environmental Record: A Quantitative Assessment. 10 IV. Justice Gorsuch's Environmental Record: A Qualitative Assessment. 18 A. Separation of Powers. 19 B. Federalism. 27 C. Personal Liberty and Autonomy. 39 V. Conclusion. 48 |
2024 |
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| Chava Spivak-Birndorf , Matt Timko |
KEEPING UP WITH NEW LEGAL TITLES |
116 Law Library Journal 433 (2024) |
Coates, Jessica, Victoria Owen, and Susan Reilly, eds. Navigating Copyright for Libraries: Purpose and Scope. Berlin/Boston: De Gruyter, 2022.547p. $114.99. ¶1 Navigating Copyright for Libraries: Purpose and Scope is an open and accessible primer for interested law librarians, law students, professors, or practitioners on the fundamentals of... |
2024 |
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KNWAI FROM AHI: REVITALIZING THE HAWAI'I WATER CODE IN THE WAKE OF THE MAUI WILDFIRES |
137 Harvard Law Review 1994 (May, 2024) |
When the Maui wildfires in August 2023 forced Tereari'i Chandler-'ao to flee Lahaina, she could take only the necessities: food, clothes, and a box of water use-permit applications. The final item reflects an important quality of the fires: their focal point was not fire, but water. Since the birth of Hawai'i's sugar industry, recurrent water... |
2024 |
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| Alida Pitcher-Murray |
LANDBACK AND THE CASE FOR LAND RESTITUTION: HOW THE SOUTH AFRICAN LAND CLAIMS COURT AND RESTITUTION PROGRAMME CAN INFORM THE RETURN OF INDIGENOUS LAND IN THE UNITED STATES |
28 U.C. Davis Social Justice Law Review 1 (Winter, 2024) |
C1-2Table of Contents Abstract. 3 I. Part I: Introduction. 4 II. Part II: Settler Colonialism, the Indian Court of Claims, and the Land Claims Commission. 8 A. Treaties, Treaties, Theft, and Federal Policy as the Foundations for Native Land Loss. 8 1. Treaty Violations. 9 2. Federal Indian Policy. 11 3. The Demand for the Return of He Sapa. 14 B.... |
2024 |
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| Claudia Angelos , Mary Lu Bilek , Joan W. Howarth , Deborah Jones Merritt |
LANGDELL'S SUBJECTS |
102 University of Detroit Mercy Law Review 1 (Fall, 2024) |
When Christopher Columbus Langdell founded the law school curriculum that we teach, Jim Crow flourished. Women could not vote. The Supreme Court interpreted the Constitution to invalidate worker protections, but not racial apartheid. In that backwards era, more than 125 years ago, Langdell established our familiar first-year curriculum consisting... |
2024 |
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| Christine M. Bailey, Paul M. Collins Jr., Jesse H. Rhodes, Douglas Rice , Department of Political Science, University of Massachusetts, Amherst, MA, USA |
LEGAL ENTREPRENEURSHIP AND THE EVOLUTION OF MULTIDIMENSIONAL ADVOCACY IN SOCIAL MOVEMENTS: THE CASE OF MARRIAGE EQUALITY |
58 Law and Society Review 95 (March, 2024) |
(Received 3 February 2023; revised 11 July 2023; accepted 8 September 2023) The emergence and dissemination of new legal ideas can play an important role in sparking change in the way activists in marginalized communities understand their rights and pursue their objectives. How and why do the legal beliefs of such communities evolve? We argue that... |
2024 |
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| Rebecca Johnson |
LEGAL REIMAGINATIONS - NOTES FROM THE NORTH ON ENGAGING WITH INDIGENOUS LEGAL ORDERS |
35 Yale Journal of Law & the Humanities 378 (2024) |
James Boyd White's The Legal Imagination sits within reaching distance on my bookshelf. It is the original 1973 yellow hardcover version. The spine is a bit ripped, the binding loose in places, there are scribbles in the margins, and post-it notes are liberally scattered throughout the book. Some pages (oh, the horror!) even bear witness to an... |
2024 |
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| David Berman |
LENDING EXPERIMENTALISM: A NEW REGULATORY APPROACH TO PAYDAY LOANS |
31 Georgetown Journal on Poverty Law and Policy 237 (Winter, 2024) |
Payday loans entangle consumers with few alternatives in catastrophically harmful cycles of borrowing. But because of their design, payday loans are vexingly difficult to regulate effectively. This article explains how the structure of regulatory oversight of payday lending abets lenders' evasion. In it, I focus on how dynamism, the financial... |
2024 |
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| Katie Sheftic |
LEVERAGING THE 'LAW OF THE RIVER': THE LEGAL HISTORY UPSTREAM FROM THE COLORADO RIVER CRISIS AND ITS LESSONS FOR THE COEUR D'ALENE-SPOKANE RIVER BASIN |
60 Idaho Law Review 427 (2024) |
Interstate water resources must be equitably apportioned among appurtenant states. Although states command authority over water within their borders, political boundaries alone cannot protect an interstate river from over-appropriation by neighboring states. When the Colorado River was equitably apportioned a century ago, it effortlessly hydrated... |
2024 |
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| Olivia Luongo, Hema Gharia, Mell Chhoy, Hattie Phelps, Jessica Flynn |
MARRIAGE AND DIVORCE |
25 Georgetown Journal of Gender and the Law 767 (Annual Review 2024) |
I. Introduction. 768 II. Same-Sex Marriage. 768 A. Background. 768 B. The Obergefell Holding. 769 C. Implementation and Enforcement Challenges Since Obergefell. 771 III. State Regulation of Marriage. 773 A. Jurisdiction and Recognition. 773 B. Rights Resulting from Formation. 776 C. Plural Marriage. 783 D. Covenant Marriage. 784 E. Status of Civil... |
2024 |
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| Trent Wallace |
MAU FOREST EVICTIONS IN KENYA: HOW AN INTERNATIONAL TRIBUNAL'S AFFIRMATION OF INDIGENOUS RIGHTS DIFFERS FROM FEDERAL INDIAN LAW IN THE UNITED STATES |
34 Indiana International & Comparative Law Review 309 (2024) |
Many proponents of Indigenous rights in the United States advocate for the domestic legal system to adopt international law standards to strengthen the rights of American Indians and Tribes. This proposition assumes that domestic law is inconsistent with international law standards. In this Note, the author contrasts a recent decision from an... |
2024 |
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| Kris Goodwill |
MENOMINEE TERMINATION AND RESTORATION |
97-JUN Wisconsin Lawyer 14 (June, 2024) |
Because of changing federal policy regarding Indian tribes, federal statutes directed at specific tribes or all tribes, and ever-evolving case law, federal Indian law is very complex. This article focuses on the Menominee Indian Tribe's termination and restoration against the backdrop of federal governmental policy toward all tribes in the United... |
2024 |
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| Michaela B. Parks |
NARROWING FROM BELOW: HOW LOWER COURTS CAN LIMIT CASTRO-HUERTA |
76 Arkansas Law Review 837 (2024) |
Let me begin by offering this: the future of federal Indian law is bright. It is not bleak, nor over, nor is it even the beginning of the end, despite many initial reactions to the United States Supreme Court decision Oklahoma v. Castro-Huerta. It is all too easy to have a human reaction to bad news. I know I, along with many others across Indian... |
2024 |
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| Brett G. Roberts |
NATIVE AMERICANS IN THE CLUTCHES OF CATHOLICISM: HOW CATHOLICISM AND NATIVE RIGHTS CONNECT VIA NATURAL LAW IN A WORLD THAT WANTS YOU TO BELIEVE OTHERWISE |
22 Ave Maria Law Review 44 (Spring, 2024) |
Native American cultures and the good news are not two competing ideas. They can and do merge, as can be seen in how God's grace fulfills the lives of so many Native Americans. With a deeper understanding of the Native American Catholic communities, we, as a Church, are better able to unify both the faith and the cultures that guide Catholic... |
2024 |
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| Temple Stoellinger, Dessa Reimer |
NAVIGATING THE NEW NEPA LANDSCAPE: AN OVERVIEW OF THE 2024 PHASE 2 REGULATIONS AND RECENT STATUTORY CHANGES |
61 The Foundation Journal for Natural Resources and Energy Law 223 (2024) |
I. Introduction II. NEPA History and Key Requirements A. Key Provisions of NEPA B. The 1978 Council on Environmental Quality NEPA Regulations III. Modern Regulatory and Statutory Reform Efforts A. The 2020 Regulatory Revisions B. 2022 Phase 1 NEPA Rule C. 2023 Fiscal Responsibility Act NEPA Amendments D. 2023 Phase 2 Rule Proposal IV. The 2024... |
2024 |
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| Anthony M. Ciolli |
NEEDFUL RULES AND REGULATIONS: ORIGINALIST REFLECTIONS ON THE TERRITORIAL CLAUSE |
77 Vanderbilt Law Review 1263 (May, 2024) |
Introduction. 1264 I. Why the Insular Cases Still Matter. 1268 II. The Reluctance to Revisit the Insular Cases. 1271 III. Getting the Territorial Clause Right. 1279 A. The Plain Text of the Constitution and Historical Practice. 1280 1. The Territorial Clause. 1281 2. Other Relevant Provisions of the U.S. Constitution. 1290 B. Envisioning a... |
2024 |
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| Arne R. Leonard |
NEW MEXICO TRUE: CRAFTING A MORE INCLUSIVE AND INDEPENDENT METHOD OF STATE CONSTITUTIONAL INTERPRETATION FOR CLAIMS UNDER THE NEW MEXICO CIVIL RIGHTS ACT |
54 New Mexico Law Review 425 (Summer, 2024) |
A few weeks after a violent mob of White Nationalists broke into the United States Capitol with the intent to stop Congress from certifying the results of the presidential election on January 6, 2021, the New Mexico Legislature began its regular legislative session at the Roundhouse in Santa Fe. On the agenda that session were the New Mexico Civil... |
2024 |
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NNALSA BRIEFS INTRODUCTION |
47 Public Land & Resources Law Review 161 (2024) |
The National Native American Law Students Association held its 32 annual moot court competition at the Alexander Blewett III School of Law at the University of Montana in February 2024. As the host school for this year's competition, the Public Land & Resources Law Review is honored to publish the following outstanding briefs from the... |
2024 |
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| Tristan Hanna |
NO DICE: SPORTS BETTING IN CALIFORNIA |
55 University of the Pacific Law Review 343 (February, 2024) |
C1-2Table of Contents I. Introduction. 344 II. Gaming Law at the Federal, State, and Tribal Level. 346 A. The Indian Gaming Regulatory Act Regulates Tribal Gaming. 346 B. Federal Law Regulating Sports Betting. 348 C. California Law on Sports Gambling. 349 D. Compacts Give Tribes the Ability to Conduct Gaming California Law Prohibits. 350 III.... |
2024 |
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| Seth Davis |
NONDELEGATION AND NATIVE NATIONS |
56 Connecticut Law Review 1069 (May, 2024) |
There is no nondelegation doctrine for Native nations, nor should there be one even if the Supreme Court revives the nondelegation doctrine for federal agencies and private parties. The Court has never struck down a statute on the ground that it delegated legislative power to a Native nation. Instead, it has held that Congress may recognize the... |
2024 |
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| Ted Shepherd |
NOT "INDIAN" ENOUGH: FREEDMEN, JURISDICTION, AND EQUAL PROTECTION |
2024 Pepperdine Law Review 43 (2024) |
Beginning in the 17th century, many American Indians owned enslaved African workers. They stopped only at the end of the Civil War, when several Tribal Nations signed treaties with the federal government requiring them to emancipate their enslaved workers. The treaties also required the Nations to enroll these Freedmen and their descendants as... |
2024 |
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| Samantha Bingaman |
NOTHING AT STAKE BUT LIFE'S ESSENTIALS: HOW SOLE RELIANCE ON NEW TEXTUALISM ENDANGERS CLEAN WATER, ENVIRONMENTAL JUSTICE COMMUNITIES, AND ENVIRONMENTAL LAW (AND A JUDICIAL FRAMEWORK TO FIX IT) |
83 Maryland Law Review 1313 (2024) |
You throw a stone into a deep pond. Splash. The sound is big, and it reverberates throughout the surrounding area. What comes out of the pond after that? All we can do is stare at the pond, holding our breath. -Haruki Murakami Water is life, as the old saying goes. We drink, we wash, we play, we swim, we travel, and we grow with water, among... |
2024 |
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| Katherine Mims Crocker |
NOT-SO-SPECIAL SOLICITUDE |
109 Minnesota Law Review 815 (December, 2024) |
In a high-profile 2023 case about state standing to sue in federal court, Justice Gorsuch deemed it hard not to wonder why the majority said nothing about special solicitude.D The silence was indeed surprising, for in a landmark decision several years earlier, the Supreme Court had declared that states were entitled to special... |
2024 |
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| Camryn A. Conroy |
OKLAHOMA v. CASTRO-HUERTA: OKLAHOMA'S LATEST POWER GRAB AND ITS IMPLICATIONS FOR NATIVE WOMEN IN A POST-ROE WORLD |
48 American Indian Law Review 71 (2023-2024) |
Victor Manuel Castro-Huerta, a non-Indian man living in Tulsa, Oklahoma, was charged with criminal child neglect of his Cherokee Indian stepdaughter after she was found to be extremely sick and in deteriorating condition while under his care. While Castro-Huerta's appeal was pending in state court, the United States Supreme Court decided McGirt v.... |
2024 |
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| Steve Titla , Alex Ritchie , Lloyd Miller |
ON BECERRA v. SAN CARLOS APACHE TRIBE |
61-SEP Arizona Attorney 12 (September, 2024) |
On June 6, 2024, in Becerra v. San Carlos Apache Tribe, the Supreme Court held in favor of the San Carlos Apache Tribe and the Northern Arapaho Tribe of Wyoming in a dispute over recovery of their unreimbursed overhead costs from the Indian Health Service (IHS). The Court ruled 5 to 4. The Court decided the case on construing the contract terms... |
2024 |
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| Douglas P. Thompson, Jason Decker, Torivio A. Fodder, Gavin M. Ratcliffe, Michael J. Dockry, Ben Benoit, Christopher Murray |
OPPORTUNITIES FOR RECONCILIATION: THE LEGAL HISTORY OF THE LEECH LAKE INDIAN RESERVATION AND THE CHIPPEWA NATIONAL FOREST |
50 Mitchell Hamline Law Review 726 (December, 2024) |
I. The Early Years. 728 II. The History of Federal Indian Law and the Destruction of Tribal Institutions. 732 A. Three Pillars of Modern Federal Indian Law. 733 1. The Doctrine of Discovery. 733 2. The Trust Doctrine. 734 3. Congressional Plenary Power over Indian Affairs. 735 B. Modern Federal Indian Law: The Marshall Court Legacy. 736 1. The... |
2024 |
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| Robert S. Chang |
OUR CONSTITUTION HAS NEVER BEEN COLORBLIND |
54 Seton Hall Law Review 1307 (2024) |
This Article takes a contrarian approach to the first Justice Harlan's famous phrase from his dissent in Plessy v. Ferguson, [o]ur Constitution is color-blind, to argue not only that the Constitution has never been colorblind, but also that racial realism counsels against falling for the siren call of constitutional colorblindness. This Article... |
2024 |
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| Christopher A. Wellborn , Christopher Wellborn PA, Rock Hill, South Carolina, 803-366-1065, Email cawlaw@comporium.net, Website www.wellbornlawfirm.com |
OUR ORIGINAL AND REOCCURRING SIN |
48-DEC Champion 5 (November/December, 202) |
December 26, 1862, was by all accounts a bitterly cold day in Mankato, Minnesota. That particular place on that particular day might not have been noteworthy except that at precisely 10:00 a.m., watched by an estimated 4,000 spectators, the U.S. government hanged 38 Santee Dakota Indians on a scaffold specially constructed for this execution. This... |
2024 |
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| Mia Montoya Hammersley , Vanessa Racehorse , Heather Tanana , Nadine Padilla , Gerald Torres |
PANEL THREE: TEACHING AT THE INTERSECTION OF FEDERAL INDIAN LAW AND ENVIRONMENTAL LAW COURSES |
49 Vermont Law Review 202 (Winter 2024) |
A discussion of the important role of Federal Indian Law in the practice of environmental and natural resources law and guidance on incorporating this intersection into traditional environmental law courses and curricula. Introduction. 203 I. Federal Indian Law in the Classroom. 206 II. Languaging and Terminology. 209 III. Tribal Self-Determination... |
2024 |
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| Adam Crepelle , Timothy Purdon , Brendan Johnson |
PASSING THE BUCK: THE PERILS OF OKLAHOMA v. CASTRO-HUERTA |
101 Denver Law Review 261 (Winter, 2024) |
The Supreme Court's 2022 decision in Oklahoma v. Castro-Huerta upended federal Indian law by allowing states to prosecute crimes involving Indians committed in Indian country. Castro-Huerta created a concurrent jurisdiction over Indian country crimes involving non-Indians. While concurrent jurisdiction increases the number of law enforcement agents... |
2024 |
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| Robin Willscheidt |
POKING A SLEEPING BEAR: CULTURAL LANDSCAPES IN THE 1906 ANTIQUITIES ACT |
97 Southern California Law Review 1119 (April, 2024) |
The American Antiquities Act of 1906 permits a president to designate objects of historic and scientific interest--and the federal lands associated with them--as national monuments. The Act is foundational cultural heritage preservation legislation and has been used by presidents for over a century to protect everything from burial grounds to... |
2024 |
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| Elenore Wade |
PREDATORY DECARCERATION |
74 Duke Law Journal Online 29 (November, 2024) |
This Essay critiques the bipartisan criminal legal system reforms that have emerged over the past several years. These reforms result in predatory decarceration that exacerbates the precarious conditions of returning prisoners and supervisees--as well their communities--and distributes the benefits of reform upward. Taking an abolitionist... |
2024 |
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| Troy A. Rule |
PRESERVING SACRED SITES AND PROPERTY LAW |
2024 Wisconsin Law Review 129 (2024) |
Should courts have the power to order the federal government to give land rights to particular groups based solely on their religious beliefs? Calls for legal rules requiring such effectual transfers have grown in recent years as Americans have started to confront the country's history of mistreatment of Native nations and other disadvantaged... |
2024 |
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PROCEDURAL MEANS OF ENFORCEMENT UNDER 42 U.S.C. § 1983 |
53 Georgetown Law Journal Annual Review of Criminal Procedure 1275 (2024) |
Scope of Section 1983. Under 42 U.S.C. Section 1983, a prisoner may seek redress against state and local (but not federal) officials when a person acting under color of state law deprives the prisoner of rights guaranteed by the Constitution or federal laws. The Court has provided at least three categories of conduct that qualify as under... |
2024 |
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| Connor Sakati |
PROMOTING STRONG ARCTIC GOVERNANCE AND ENSURING AN ASPIRATIONAL MARINE RESOURCES TREATY'S EFFECTIVENESS: THE CASE OF THE AGREEMENT TO PREVENT UNREGULATED HIGH SEAS FISHERIES IN THE CENTRAL ARCTIC OCEAN |
14 Journal of National Security Law & Policy 421 (2024) |
By as early as 2035, the now-frozen Arctic Ocean may become completely ice-free each summer. In winter, sea ice still covers nearly all the Arctic Ocean's 5.4 million square miles of water. But during the warmer summer months, Arctic sea ice quickly recedes. In recent decades, more and more sea ice has melted away each summer. During the summer of... |
2024 |
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| Katie Grace Graziano |
PROPER PARENTS, PROPER RELIEF |
99 Notre Dame Law Review 1821 (July, 2024) |
Indian children belong with Indian parents--or so says the Indian Child Welfare Act (ICWA). ICWA requires certain procedures for carrying out the adoption of an Indian child. Among those procedures is an explicit preference for Indian families over non-Indian families. The hierarchy is so strict that a court must prioritize placing a child with an... |
2024 |
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| Lisabelle Panossian |
PROTECTING HUMANITY'S CRADLE OF CIVILIZATION: ADVANCING THE RIGHT TO SELF-DETERMINATION FOR INDIGENOUS PEOPLES IN THE MIDDLE EAST & SOUTH CAUCASUS |
22 Northwestern Journal of Human Rights 149 (April, 2024) |
The author dedicates this piece to her great grandmothers, Takouhie Keshishian and Liza Jacob, who survived the 1915 Armenian, Assyrian, and Greek Genocide. During this paper's drafting, an indigenous people's independent government collapsed. For over thirty years, the Republic of Artsakh was a de facto independent region inside the... |
2024 |
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| Neoshia R. Roemer |
PROTECTING THOSE AMONG THE MOST VULNERABLE |
71-SPG Federal Lawyer 12 (Spring, 2024) |
On June 15, 2023, the U.S. Supreme Court affirmed the constitutionality of the Indian Child Welfare Act (ICWA) in a 7-2 decision in Haaland v. Brackeen. Without a doubt, Brackeen was a win for Indian Country because the Supreme Court's rebuke of these challenges demonstrated that ICWA's opponents have an uphill battle in undermining federal Indian... |
2024 |
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| John D. Leshy |
PUBLIC LANDS AND NATIVE AMERICANS: A GUIDE TO CURRENT ISSUES |
47 Public Land & Resources Law Review 1 (2024) |
I. Introduction. 1 II. Dispossession History in Relation to Today's Public Lands. 5 III. Many Native Americans and Non-Native Public Land Protection Advocates Have Strong Common Interests. 9 IV. U.S. Protection of Culturally Important Public Lands. 10 V. The Climate Challenge. 13 VI. Other Complications in Addressing Native Concerns on Public... |
2024 |
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| Sarah Van Voorhis |
PURSUING THE EXEMPTION: THE MAKAH'S WHITE WHALE |
14 Washington Journal of Social & Environmental Justice 1 (March, 2024) |
Whales hold a special place in our hearts. They evoke a sense of awe and majesty in their size and grace. Media commonly features whales as a tool to help audiences connect with a story or character that might otherwise be unrelatable, whether it asks viewers to care about the environment of the far-off planet of Pandora in James Cameron's latest... |
2024 |
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| Dylan R. Hedden-Nicely |
REBALANCING WINTERS: INDIGENOUS WATER RIGHTS AND CLIMATE CHANGE IN THE WESTERN UNITED STATES |
48 Harvard Environmental Law Review 489 (2024) |
C1-2Table of contents Introduction. 490 I. The Historical Development of Western Water Law. 491 II. The Devolution of the Quantification Method for Reserved Irrigation Water Rights for Tribes. 496 A. The Original Understanding of the Winters Doctrine. 496 B. The Balance Struck in Arizona v. California. 508 C. The Contemporary Method for Estimating... |
2024 |
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RECENT CASE DECISIONS |
9 One J: Oil and Gas, Natural Resources, and Energy Journal 467 (March, 2024) |
C1-2Table of Contents Oil and Gas. 468 Upstream. 468 Midstream. 476 Downstream. 478 Water. 479 Federal. 479 State. 491 Land. 496 Easement. 496 Other Use. 506 Electricity. 524 Renawable Generation. 524 Rate. 526 Technology and Business. 527 Patents / Intellectual Property. 527 Mergers and Acquisitions. 530 Bankruptcy. 531 Corporations. 532... |
2024 |
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| Morgan Gray |
RECLAIMING THE AIRWAVES: AN ANALYSIS OF CLAIMS TO WIRELESS SPECTRUM BY TRIBAL NATIONS BASED ON TREATY OBLIGATIONS AND THE FEDERAL TRUST RESPONSIBILITY |
76 Federal Communications Law Journal 295 (January, 2024) |
C1-2Table of Contents I. Introduction. 297 II. Background. 299 A. Wireless Spectrum Allocation in the United States. 299 B. Federal Trust Responsibility & Treaty Obligations. 301 1. Supreme Court Jurisprudence on the Trust Responsibility. 301 a. Courts on Congress's Obligation to Act Pursuant to the Trust Responsibility. 302 b. Courts Recognize the... |
2024 |
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| Timothy M. Mulvaney |
RECONCEPTUALIZING "BACKGROUND PRINCIPLES" IN TAKINGS LAW |
109 Minnesota Law Review 689 (December, 2024) |
Both libertarians and progressives rejoiced in the result reached by the Supreme Court in the 2023 matter of Tyler v. Hennepin County. This Article asserts that such unified celebration has overshadowed the extent to which the Supreme Court's reasoning calls into question even our most foundational assumptions about the meaning of property and the... |
2024 |
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| Joseph Berra, S. Priya Morley |
REIMAGINING RIGHTS IN THE AMERICAS |
28 UCLA Journal of International Law and Foreign Affairs 1 (Fall, 2024) |
C1-2Table of Contents I. Prelude: Site Visit of the IACHR Special Rapporteur on Economic, Social, Cultural and Environmental Rights (REDESCA) on the Rights of the Unhoused, Racialization and Criminalization of Poverty in Los Angeles. 5 II. The Bringing Human Rights Home Symposium: Bridging the Gap Between International and Domestic Frames for Human... |
2024 |
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