| Author | Title | Citation | Summary | Year | Key Terms |
| Sara L. Ochs |
CONFRONTING LEGACIES OF INDIGENOUS INJUSTICE: LESSONS FROM SWEDEN |
54 Seton Hall Law Review 641 (2024) |
The past decade has brought global efforts by settler colonial states to provide healing and justice for past and ongoing harms against Indigenous communities. Many of these efforts have manifested in the creation of truth commissions, nonjudicial entities which seek to establish a reliable historical record of harm, promote reconciliation, and... |
2024 |
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| Matthew Calabrese |
CONGRESSIONAL TRUST RESPONSIBILITY AND TRIBAL HEALTH CARE |
2024 University of Illinois Law Review Online 12 (Spring, 2024) |
As a member of the Cherokee Nation, I firmly believe the federal government must honor its trust and treaty responsibilities to Indian Nations. U.S. Senator Markwayne Mullin Federal Indian trust responsibility is the legal idea that the federal government owes a special duty to federally recognized tribes to act in the best interest of their... |
2024 |
|
| Sandra B. Zellmer |
CONSERVATION AS MULTIPLE USE |
66 Arizona Law Review 467 (Summer, 2024) |
The world is facing unprecedented species extinctions, wrought in large part by climate change. Slashing greenhouse gas emissions is one crucial response to the climate/biodiversity crisis. The conservation of intact ecosystems and the life-sustaining services they provide is another. This goal will be beyond reach if conservation commitments do... |
2024 |
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| Shana R. Herman |
CONSERVATION CO-GOVERNANCE AS A CURE: INVESTIGATING AOTEAROA NEW ZEALAND'S CONSERVATION CO-GOVERNANCE MODEL AS A BLUEPRINT FOR RESTORING NAVAJO SOVEREIGNTY IN MANAGING CANYON DE CHELLY |
35 Villanova Environmental Law Journal 205 (2024) |
As a result of colonization, Indigenous Peoples, globally, have historically been excluded from managing their ancestral lands and the resources they supply. This exclusion infringes on tribal SOVEREIGNty and violates treaty rights. Recently, co-management schemes have emerged in the United States in an effort to restore tribal power in managing... |
2024 |
Yes |
| Avery E. Emery |
CONSERVATION GERRYMANDERING |
26 Vermont Journal of Environmental Law 78 (Fall, 2024) |
ABSTRACT. 78 INTRODUCTION. 79 I. THE BIODIVERSITY PROBLEMS WITH CONSERVATION GERRYMANDERING. 80 II. THE HUMAN RIGHTS TOLL OF CONSERVATION GERRYMANDERING. 87 III. TOWARD MORE EFFECTIVE, INDIGENOUS-CENTERED CONSERVATION. 91 CONCLUSION. 93 |
2024 |
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| R. Denisse Córdova Montes, Heather Retberg, Photini Kamvisseli Suarez |
CONSTITUTIONALIZING THE HUMAN RIGHT TO FOOD IN MAINE: A PEOPLE'S TOOL TO ADVANCE FOOD SOVEREIGNTY IN THE UNITED STATES |
76 Maine Law Review 229 (June, 2024) |
Abstract Introduction I. The Road to Constitutionalizing the Right to Food in Maine A. The Food Safety Modernization Act and Downward Pressure on Maine's Local Food System B. Local Participation of Farmers in Food System Legal Structures and the Birth of the Food SOVEREIGNty Movement in Maine C. Connecting Locally and Globally to Strengthen the... |
2024 |
Yes |
| Patrick J. White |
CO-STEWARDSHIP IN PRACTICE: YELLOWSTONE BISON |
47 Public Land & Resources Law Review 127 (2024) |
I. Introduction. 128 II. Indigenous People and Colonization. 130 III. Establishment of Yellowstone National Park. 133 IV. Management of Yellowstone Bison. 137 V. Federal-State-Tribal Relations. 143 VI. Moving Forward. 148 A. Conserving a Viable Population of Wild, Migratory Bison and Their Habitats. 149 B. Maintaining a Low Risk of Brucellosis... |
2024 |
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| Kip M. Hustace |
COUNTING IS HARD! A THEORY OF DOCTRINAL EXPANSION |
28 Lewis & Clark Law Review 51 (2024) |
We conventionally see pleading as liberalized, with leeway for inconsistent claims and expansive choice among theories of relief, or counts. Yet procedure scholars have shown how heightened pleading post-Twiqbal constricts liberality, turning us back toward 19th century fact-intensive code pleading. This Article theorizes a further constriction:... |
2024 |
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| Hon. Carrie Garrow , A. Nikki Borchardt Campbell |
CREATING PATHWAYS TO THE JUDICIARY FOR NATIVE AMERICANS AND ALASKA NATIVES THROUGH TRIBAL COURTS |
49 Human Rights 19 (2024) |
The courts and justice system provide vital services for communities--from holding individuals accountable for breaking laws and restoring the harm they have caused, to providing relief and services for victims, to helping protect vulnerable individuals. Native American and Alaska Native lawyers and jurists have often been overlooked in the... |
2024 |
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| Harold J. Krent , Nicole Jansma |
CROSSING THE BORDER CROSSES A LINE: ASSESSING THE CONSTITUTIONALITY OF UNAUTHORIZED EXTRATERRITORIAL ARRESTS |
61 American Criminal Law Review 1263 (Fall, 2024) |
Perhaps surprisingly, the Supreme Court has never resolved whether an unauthorized arrest across state lines violates the Fourth Amendment as an unreasonable seizure. In light of the recent spike in legislation purporting to make conduct originating in other states illegal, delimiting the power to make extraterritorial arrests has become more... |
2024 |
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| Zamir Ben-Dan |
DEEPLY ROOTED IN AMERICAN HISTORY AND TRADITION: THE U.S. SUPREME COURT'S ABYSMAL TRACK RECORD ON RACIAL JUSTICE AND EQUITY |
15 Alabama Civil Rights & Civil Liberties Law Review 45 (2023-2024) |
Of the three branches of government, the United States Supreme Court has shown itself to be the truest defender of white supremacy. To establish this point, this article offers an unprecedented historical account of the Supreme Court's race-related jurisprudence from 1795 to 1945. From Native American colonization and chattel slavery to Old Jim... |
2024 |
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| Nicholas R. Walter |
DEFER YOUR DEFERENCE: HOW COURTS SHOULD APPROACH THE INTERSECTION OF THE INDIAN CANONS OF CONSTRUCTION AND CHEVRON DEFERENCE |
76 Baylor Law Review 194 (Winter, 2024) |
Within the complex landscape of statutory interpretation, many guiding pillars stand tall, each providing the judiciary with unique directives. However, these pillars occasionally cast contrasting shadows. The intersection of the Indian canons of construction and Chevron deference illuminates this inherent tension in statutory interpretation,... |
2024 |
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| Casey Rockwell , Sarah Clements |
DEFINING THE BORDERS: EXPLORING THE TAX IMPLICATIONS SURROUNDING MCGIRT v. OKLAHOMA |
52 Real Estate Law Journal 62 (Winter, 2024) |
In July 2020, the United States Supreme Court ruled on the landmark case of McGirt v. Oklahoma. While this case generated some affirmative answers, it also generated numerous questions. Seeking to address some of these, the Oklahoma State Governor's Office and the Tulsa County District Attorney, Steve Kunzweiler, organized a McGirt v. Oklahoma... |
2024 |
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| Jack Gallifant , Ashley Cordes , Amelia Fiske , Matilda Dorotic , Mataroria Lyndon , Shrey Jain , Joe Zhang , Judy Gichoya , Leo Anthony Celi , Robin L. Pierce |
DEFINING THE SOCIAL LICENCE OF LARGE LANGUAGE MODELS IN HEALTHCARE |
15 Seattle Journal of Technology, Environmental & Innovation Law 1 (December, 2024) |
I. Defining the Social Licence of Large Language Models II. Finding the Means to Meet Growing Data Requirements III. The Evolution of Social Licensing for Data Sharing IV. Pending Problems for the Use of LLMs in Healthcare V. Current Barriers to Developing an Effective Governance Model A. Deliberating Sufficient Public Benefits to Justify Privacy... |
2024 |
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| Hanna Woods |
DENEZPI v. UNITED STATES: TRIBAL SELF-DETERMINATION, SAFETY, AND THE NECESSARY ROLE OF THE DUAL-SOVEREIGNTY DOCTRINE |
101 Denver Law Review Forum 1 (3/21/2024) |
The Double Jeopardy Clause (Clause) of the Fifth Amendment guarantees that no person will be prosecuted twice for the same offense. The dual-SOVEREIGNty doctrine, however, operates as a significant carveout to this protection. The doctrine provides that successive prosecutions for a single act do not implicate the Clause, so long as the laws... |
2024 |
Yes |
| Emily Behzadi Cárdenas |
DESETTLING FIXATION |
102 North Carolina Law Review 865 (March, 2024) |
Scholars have long contemplated how the effects of colonialism have permeated even race neutral laws. This Article scrutinizes the ways Eurocentric copyright systems have failed to protect, and have even encouraged, the unauthorized uses of indigenous heritage in derivative subject matter, exposing how settler colonialism in copyright law has... |
2024 |
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| Timothy Fadgen , Guy Charlton , Dana E. Prescott |
DID THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION RECOGNIZE INDIGENOUS GROUPS AND CULTURE? |
37 Journal of the American Academy of Matrimonial Lawyers 87 (2024) |
Abstract: Among the profound challenges related to family law and child custody conflict has been the impact of globalization on the consequences to children from marriage and divorce, and nonmarried parental separation. Most nations implemented family justice courts decades ago where one judge, within an adversarial fact-finding system, applied... |
2024 |
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| Katie Eyer, Karen M. Tani |
DISABILITY AND THE ONGOING FEDERALISM REVOLUTION |
133 Yale Law Journal 839 (January, 2024) |
The Supreme Court's new federalism revolution remains one of the most important developments in recent U.S. legal history. The Court revitalized states' rights doctrines under the Tenth and Eleventh Amendments, rendering states partially or wholly immune from many types of federal litigation. Simultaneously, the Court retrenched the authority... |
2024 |
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| Katrina Quisumbing King |
DISMANTLING RIGHTS: FORTHCOMING INDEPENDENCE AND THE REVOCATION OF US MILITARY BENEFITS FROM FILIPINO WWII VETERANS |
49 Law and Social Inquiry 1004 (May, 2024) |
This article explores the plasticity of rights by examining how the US government promised and revoked naturalization rights and military benefits from Filipino colonial soldiers who served on behalf of the United States in World War II. Rarely have legal scholars of the US military, citizenship, and the welfare state addressed the rights of... |
2024 |
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| Serena Dineshkumar, Juliet Dale, Chunhui Li, Grace Campbell, Alison Hagani, Erika Hinkle, Elaine McCabe, Lindsay Sergi, Payton Gannon |
DOMESTIC VIOLENCE |
25 Georgetown Journal of Gender and the Law 473 (Annual Review 2024) |
I. Introduction. 473 II. Current Organization of Domestic Violence Law. 475 A. Federal Laws Relating to Domestic Violence. 476 1. The Violence Against Women Act. 476 a. Immigrant Women. 480 b. LGBTQIA+ Individuals. 481 c. Native Americans. 482 d. Ongoing Criticisms. 484 2. The Lautenberg Amendment. 485 3. Title IX. 489 B. State Law Relating to... |
2024 |
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| |
DOUBLE JEOPARDY |
53 Georgetown Law Journal Annual Review of Criminal Procedure 553 (2024) |
The Double Jeopardy Clause of the Fifth Amendment states no person shall be subject for the same offense to be twice put in jeopardy of life or limb. The Clause protects against (1) a second prosecution for the same offense after acquittal; (2) a second prosecution for the same offense after conviction; and (3) multiple punishments for the... |
2024 |
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| Ivan Ditmars, Gaby Salazar Kitner, Co-Editor-in-Chief, Co-Editor-in-Chief |
EDITORS' FOREWORD |
30 UC Law Environmental Journal 123 (May, 2024) |
On behalf of the UC Law Environmental Journal editorial board and staff, it is with great pride, gratitude, and joy that we present the Summer Issue of Volume 30 of the UC Law Environmental Journal (UCLEJ). With thirty years of history, this journal has not only served as an academic platform but as a home to generations of environmental law... |
2024 |
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| Angelica Félix-D'Egidio |
EDUCATION INEQUITY FOR MIXTEC STUDENTS IN CALIFORNIA PUBLIC SCHOOLS: A HUMAN RIGHTS APPROACH TO EDUCATING INDIGENOUS STUDENTS NOT RECOGNIZED BY THE U.S. GOVERNMENT |
40 Chicana/o-Latina/o Law Review 125 (2024) |
This Comment examines the educational experiences of Indigenous Latine communities within the California public education system, utilizing existing state and federal law in conjunction with human rights framework outlined in the United Nations Declaration of the Rights of Indigenous Peoples (U.N. Declaration). While the Every Student Succeeds Act... |
2024 |
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| Christopher Orjuela |
ELECTRIC VEHICLES AT THE EXPENSE OF COMMUNITIES: LITHIUM MINING AND THE DEPRIVATION OF ARGENTINIAN INDIGENOUS PEOPLES' RIGHTS |
49 Brooklyn Journal of International Law 678 (2024) |
In many parts of the world, [Indigenous] peoples are unable to enjoy their fundamental human rights to the same degree as the rest of the population of the States within which they live, and . their laws, values, customs and perspectives have often been eroded. For the Indigenous communities situated in the Jujuy province of Argentina, the... |
2024 |
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| W. Gregory Guedel, Ph.D., J.D. , Philip H. Viles, Jr., J.D., M.B.A., M.L.I.S. |
ENERGY SOVEREIGNTY FOR NATIVE AMERICAN NATIONS: THE MODEL TRIBAL ENERGY CODE |
59 Tulsa Law Review 67 (Winter, 2024) |
I. Introduction. 68 II. Historical Overview of Federal Energy Management on Tribal Lands. 68 A. The Legal Relationship Between Federal Agencies and Tribal Governments. 68 B. Historical Performance Issues with Federal Management of Tribal Resources. 70 C. Inspector General's Findings on Federal Energy Management on Tribal Lands. 71 D. A Clear and... |
2024 |
Yes |
| John H. Knox , Nicole Tronolone |
ENVIRONMENTAL JUSTICE AS ENVIRONMENTAL HUMAN RIGHTS |
57 Vanderbilt Journal of Transnational Law 153 (January, 2024) |
For many years, the environmental justice movement in the United States and the evolution of international human rights law concerning the environment have pursued parallel but separate paths, only occasionally noting that they share common concerns. This Article seeks to build a stronger bridge between them, in three ways. First, it presents the... |
2024 |
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| Elissa Underwood Marek |
ESTABLISHING A RIGHT TO FOOD FOR "JUSTICE"-IMPACTED PEOPLE: AN ABOLITIONIST STRATEGY TO BUILD COMMUNITY, SUSTAINABILITY, AND SMALL BUSINESS IN THE UNITED STATES |
52 Fordham Urban Law Journal 339 (November, 2024) |
Introduction. 339 I. Current Recitations of the Right to Food. 342 II. Food Rightlessness Among Justice-Impacted People. 347 A. Prior to Incarceration. 348 B. During Incarceration. 352 C. Post-Incarceration Policy. 361 III. A Comprehensive Call for Food Rights in the Criminal Legal System. 363 Conclusion: Cultivating Inclusive and Sustainable... |
2024 |
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| Vaughan Carter , Charlotte Ku , Andrew P. Morriss |
EVOLVING SOVEREIGNTY RELATIONSHIPS BETWEEN AFFILIATED JURISDICTIONS: LESSONS FOR NATIVE AMERICAN JURISDICTIONS |
40 Arizona Journal of International and Comparative Law 411 (2024) |
C1-2Table of Contents I. Introduction. 412 II. Sharing SOVEREIGNty. 416 A. Evolutionary Relationships. 418 C. Interwoven Governance. 426 D. Dimensions of SOVEREIGNty Dialogues. 428 III. Micro-SOVEREIGN Case Studies. 428 A. Jurisdictions Connected to the United Kingdom. 431 1. Bermuda. 433 2. Cayman Islands. 435... |
2024 |
Yes |
| Jessica De Los Santos |
EXECUTIVE INACTION, STATE SOVEREIGNTY & AUTHORITY, AND THE PURSUIT OF ENFORCEMENT ALONG A BURNING SOUTHERN BORDER |
48 Thurgood Marshall Law Review 239 (Spring, 2024) |
In the ongoing U.S-Mexico border crisis, new issues emerge through the deterioration of our national security and the transportation of undocumented migrants to refugee cities in notably democrat-led states. Cities that have never felt the pressure of supporting an influx of thousands of immigrants a day are now familiar with the difficulties... |
2024 |
Yes |
| Eames Armstrong, E.C. Bell |
EXEMPLARY BRIEF FOR PETITIONER |
47 Public Land & Resources Law Review 163 (2024) |
No. 23-1491 IN THE Supreme Court of the United States DAKOTA FARM BUREAU, Petitioner, v. NORTHERN TRIBE, OF THE NORTHERN RESERVATION, et al. Respondent. ON WRIT OF CERTIORARI TO THE UNTIES STATES OF APPEALS FOR THE THIRTEENTH CIRCUIT BRIEF FOR RESPONDENT Eames Armstrong and E.C. Bell Counsel of Record American University Washington College of Law... |
2024 |
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| Skylee James, Lauren Bretz |
EXEMPLARY BRIEF FOR RESPONDENT |
47 Public Land & Resources Law Review 187 (2024) |
No. 23-1491 In The Supreme Court of the United States DAKOTA FARM BUREAU, Petitioner, v. NORTHERN TRIBE, ET. AL., Respondent. On Writ of Certiorari to the United States Court of Appeals for the thirteenth Circuit BRIEF FOR RESPONDENT Skylee James and Lauren Bretz Counsel of Record University of Kansas School of Law 1535 W. 15th Street Lawrence, KS... |
2024 |
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| Kekek Jason Stark |
EXERCISING THE RIGHT OF SELF-RULE: TRIBAL CONSTITUTIONAL LAW AND CUSTOMARY LAW |
51 Mitchell Hamline Law Review 94 (December, 2024) |
C1-2Table of Contents Introduction. 95 I. Doctrines of Tribal SOVEREIGNty and Tribal Self-Government. 97 II. Indigenous Customary Law. 101 III. Indigenous Governance. 108 IV. The Establishment of Modern (IRA) Tribal Constitutions. 114 A. Assimilation Policy Era. 115 B. Pre-IRA Enactment Tribal Constitutional Practice. 116 C. Enactment of the Indian... |
2024 |
Yes |
| Taylor R. Dalton |
EXIT THROUGH THE WHITE HOUSE: CONGRESSIONAL CONSTRAINTS ON UNILATERAL PRESIDENTIAL WITHDRAWAL FROM TREATIES |
12 Texas A&M Law Review 207 (Fall, 2024) |
When does the U.S. President have the constitutional authority to withdraw from a treaty unilaterally? Where the U.S. Constitution details the making but not the exiting of treaties, the U.S. Supreme Court has largely left the issue open for the political branches to resolve. Many scholars argue that modern practice supports a conclusion that the... |
2024 |
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| Alexander Zhang |
EXTERNALIST STATUTORY INTERPRETATION |
134 Yale Law Journal 447 (November, 2024) |
The dominant paradigm of statutory-interpretation scholarship is an internalist one. It treats statutory interpretation as a self-contained set of tools primarily deployed by lawyers and judges within the closed universe of courts. But as judges increasingly justify textualism by invoking a populist fidelity to the people, the internalist... |
2024 |
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| |
EY GLOBAL DESK |
35 Journal of International Taxation 07 (January, 2024) |
On 6 October 2023, the Argentine National Executive Branch (PEN in Spanish) issued Decree 508/2023, enacted Law 27,725 (the Law), which amends the Income Tax Law starting on 1 January 2024. The main highlights of the new law follow. A cedular tax on high incomes received through salaries, retirements and pensions is incorporated, replacing the... |
2024 |
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| Matthew L.M. Fletcher |
FEDERAL INDIAN LAW AS METHOD |
95 University of Colorado Law Review 375 (2024) |
Introduction. 375 I. Federal Indian Law's Default Interpretative Rules. 377 A. The Canons of Construction and the Clear Expression Rules. 377 B. The Mancari Principle. 378 II. Mancari's Critics. 381 III. Why Mancari's Method Remains Superior. 385 A. The Mancari Method. 385 1. The Mancari Method Defined. 385 2. Theoretical Justification for the... |
2024 |
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| Leslie A. Hagen , National Indian Country Training Coordinator, Office of Legal Education, U.S. Department of Justice |
FEDERAL PROSECUTION OF SEXUAL ASSAULT IN INDIAN COUNTRY |
72 Department of Justice Journal of Federal Law and Practice 155 (September, 2024) |
This work requires each of us to face our own trauma, to relive unimaginable pain, and visualize a future in which our loved ones are safe and our communities have closure. We're here for our children, grandchildren and relatives we have yet to meet .. This work is urgently needed and requires all of us working collaboratively. Shana is a... |
2024 |
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| Kevin Burdet |
FEEDING THE GOOD FIRE: PATHS TO FACILITATE NATIVE-LED FIRE MANAGEMENT ON FEDERAL LANDS |
47 Seattle University Law Review 1443 (Spring, 2024) |
According to the traditional beliefs of the Salish, the Creator put animal beings on the earth before humans. But the world was cold and dark because there was no fire on earth. The animal beings knew one day human beings would arrive, and they wanted to make the world a better place for them, so they set off on a great quest to steal fire from the... |
2024 |
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| Tisa Wenger, Professor of American Religious History, Yale Divinity School, Yale University, USA, tisa.wenger@yale.edu |
FIGHTING FOR OAK FLAT: WESTERN APACHES AND AMERICAN RELIGIOUS FREEDOM |
39 Journal of Law and Religion 247 (May, 2024) |
This article foregrounds the Western Apache fight to save the sacred site of Chi'chil Bidagoteel, or Oak Flat, which at this writing is threatened by a proposed copper mine. Like many other Native peoples, Western Apaches have historically resisted colonial suppression by reconfiguring ancestral traditions to make them legible to authorities as... |
2024 |
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| Markus Nolff |
FINALLY! WIPO TREATY ON DISCLOSURE OF ORIGIN OR SOURCE OF GENETIC RESOURCES & ASSOCIATED TRADITIONAL KNOWLEDGE IN PATENT APPLICATIONS |
104 Journal of the Patent and Trademark Office Society 397 (July, 2024) |
After decades-long, extensive discussions, studies, and negotiations in various fora, including WTO and WIPO, negotiators at the WIPO were finally able to agree on a set of rules on the contentious issue of requiring disclosure of origin or source of genetic material (referred to as genetic resources in the Treaty) and/or associated Traditional... |
2024 |
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| Emily Wells |
FOREWORD TO WATER LAW IN A CHANGING CLIMATE |
48 William and Mary Environmental Law and Policy Review 447 (Spring, 2024) |
Without water, life is not possible. And due to climate change, water is changing, and life along with it. In 2010, the United Nations acknowledged the importance of water by adopting the human right to water and sanitation. It also declared access to water essential for the full enjoyment of life and all human rights. Recognizing water's... |
2024 |
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| Charles W. Tyler |
GENEALOGY IN CONSTITUTIONAL LAW |
77 Vanderbilt Law Review 1713 (November, 2024) |
Genealogy is a form of argument that seeks to discredit social phenomena by exposing their pernicious ancestry. In recent years, the U.S. Supreme Court has used genealogy to undermine key provisions of written law, doctrinal rules, longstanding practices, and private conduct in cases involving a wide range of constitutional issues. After... |
2024 |
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| J. Shinay |
GETTING THE GREEN LIGHT: RENEWABLE ENERGY DEVELOPMENT IN MAINE AS AN INTERNAL TRIBAL MATTER |
76 Maine Law Review 95 (January, 2024) |
Abstract Introduction I. Background A. Wabanaki Status in Maine and the Enactment of the MICSA B. Energy Development in Maine Generally II. Tribal Rights and SOVEREIGNty Under the MICSA A. Land Rights B. Federal Recognition C. Loss of SOVEREIGNty III. Defining Internal Tribal Matters in the Context of Renewable Resource Development A.... |
2024 |
Yes |
| M. Alexander Pearl |
GREEN COLONIALISM: SIDELINED WHILE ON THE FRONT LINES |
56 Case Western Reserve Journal of International Law 95 (Spring, 2024) |
I. Introduction. 95 II. Background. 96 III. Indigenous Peoples and the United States. 98 A. The Marshall Trilogy and Tribal Control. 99 B. From the Trilogy to the Trust Relationship and Consultation. 102 C. From Trust and Consultation to Inherent Control. 107 IV. International Law and Indigenous Peoples: The Big Picture. 109 V. Conclusion. 113 |
2024 |
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| Kekek Jason Stark |
GWAYAK ATEG ONAAKONIGEWI DIBENJIGEWIN: DECOLONIZING JURISDICTION IN ANISHINAABE TRIBAL COURTS |
103 Nebraska Law Review 199 (2024) |
It is generally understood as a matter of federal Indian law that determinations of tribal law should properly be interpreted by tribal courts. This is because tribal courts do not always adhere to the same legal philosophy as their settler colonial counterparts. Many tribal courts subscribe to traditional law, which is an essential source of... |
2024 |
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| Grace Carson |
HAALAND v. BRACKEEN AFFIRMS THE CONSTITUTIONALITY OF ICWA |
49 Human Rights 24 (2024) |
In adopting the Indian Child Welfare Act, Congress exercised that lawful authority to secure the right of Indian parents to raise their families as they please; the right of Indian children to grow in their culture; and the right of Indian communities to resist fading into the twilight of history. --Justice Neil Gorsuch concurring in Haaland v.... |
2024 |
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| Laura Briggs |
HAALAND v. BRACKEEN AND MANCARI: ON HISTORY, TAKING CHILDREN, AND THE RIGHT-WING ASSAULT ON INDIGENOUS SOVEREIGNTY |
56 Connecticut Law Review 1121 (May, 2024) |
In June 2023, the Supreme Court upheld the constitutionality of the Indian Child Welfare Act (ICWA) of 1978 in Haaland v. Brackeen. making it harder for (some) Indigenous families and communities to lose their children. The decision left one key question unanswered, however: whether protections specifically for American Indian households served as... |
2024 |
Yes |
| Andrew B. Reid |
HAALAND v. BRACKEEN: THE INDIAN CHILD WELFARE ACT, STATES' RIGHTS, AND THE SURVIVAL OF AMERICA'S FIRST PEOPLES AND NATIONS |
101 Denver Law Review 349 (Winter, 2024) |
At the end of its 2023 term, the United States Supreme Court issued a long-awaited decision on the Indian Child Welfare Act, Haaland v. Brackeen. The Court was presented with the direct conflict between three well-established bodies of constitutional law: (1) the right of individuals against racial discrimination, (2) the rights reserved by the... |
2024 |
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| Ian Heath Gershengorn |
HAALAND v. BRACKEEN--A WINDOW INTO PRESENTING TRIBAL CASES TO THE COURT |
56 Connecticut Law Review 1103 (May, 2024) |
In this Essay, as I did at the Connecticut Law Review's Symposium, I draw on my experience representing Tribes in Haaland v. Brackeen to discuss more broadly the effective presentation of tribal arguments to the Court. I touch briefly on four main topics. First, I discuss how we collaborated with amici to ensure that the Court would have the full... |
2024 |
|
| Nakoa S. Gabriel |
HAWAI'I FAMILY COURT AND BRIDGING THE MISCONNECT |
26 Asian-Pacific Law and Policy Journal 51 (Fall, 2024) |
I. Introduction. 52 II. Understanding Interplays Between the Native Hawaiian Family and Religion. 56 A. Kumulipo: The Native Hawaiian Creation Story. 56 B. The Expansive 'Ohana Through a Native Hawaiian Framework. 58 C. Conflict Resolution Through Ho'oponopono. 61 III. Determining an Effective Family Court System: An Ecological & Culturally... |
2024 |
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