| Author | Title | Citation | Summary | Year | Key Terms |
| Kate Jackson |
ALL THE SOVEREIGN'S AGENTS: THE CONSTITUTIONAL CREDENTIALS OF ADMINISTRATION |
30 William & Mary Bill of Rights Journal 777 (March, 2022) |
[P]rerogative being nothing, but a Power in the hands of the Prince to provide for the publick good, in such Cases, which depending upon unforeseen and uncertain Occurrences, certain and unalterable Laws could not safely direct, whatsoever shall be done manifestly for the good of the People, and the establishing the Government upon its true... |
2022 |
Yes |
| Mao-wei Lo |
AN UNRECOGNIZED STATE AS AN INTERNATIONAL INVESTMENT LAW ACTOR: THE INNOVATION OF TAIWAN'S NEW INTERNATIONAL INVESTMENT TREATIES |
31 Minnesota Journal of International Law 97 (Summer, 2022) |
As an isolated island lacking in natural resources, trade and investment are important instruments for Taiwan's economic policies. However, due to political and diplomatic constraints, Taiwan has been largely excluded from international trade and investment regimes. Taiwan has participated in the Asia-Pacific Economic Cooperation (APEC) since 1991... |
2022 |
Yes |
| Michael P. Van Alstine |
ARRESTING MISGUIDED TRENDS IN TREATY LAW |
110 Kentucky Law Journal 421 (2021-2022) |
Table of Contents. 421 Introduction. 422 I. Examining the Power and Influence of Treaties. 428 A. Background: The Special Value of Treaties in an Interconnected World. 428 B. The Broad Substantive Influence of Treaties in U.S. Law. 429 II. Treaties in the Constitutional Design. 435 A. Treaties as Directly Enforceable, Supreme Federal Law. 435 B.... |
2022 |
Yes |
| Josh Chafetz |
BEATING A DEAD CORPSE |
120 Michigan Law Review 1187 (April, 2022) |
Sovereignty, RIP. By Don Herzog. New Haven: Yale University Press. 2020. Pp. xiii, 299. $40. About two-thirds of the way through Sovereignty, RIP, Don Herzog recounts one of the more macabre moments of the Stuart Restoration. Three leaders of the revolt against Charles I who had the good sense to pass away during the Commonwealth had their bodies... |
2022 |
Yes |
| Kekek Jason Stark |
BEZHIGWAN JI-IZHI-GANAWAABANDIYANG: THE RIGHTS OF NATURE AND ITS JURISDICTIONAL APPLICATION FOR ANISHINAABE TERRITORIES |
83 Montana Law Review 79 (Winter, 2022) |
I. Introduction II. Gidakiiminaan (Our Earth). 82 III. The Treaty with Manoomin. 84 IV. The Rights of Nature Movement. 87 A. The Rights of Manoomin (Wild Rice). 89 V. The Effects of the Indigenous Codification of the Rights of Nature. 91 A. Who Speaks on Behalf of the Resources?. 91 B. The Proclaimed Rights of Sovereignty. 93 C. Territorial... |
2022 |
Yes |
| Nathalie Martin |
BREWING DISHARMONY: ADDRESSING TRIBAL SOVEREIGN IMMUNITY CLAIMS IN BANKRUPTCY |
96 American Bankruptcy Law Journal 145 (Winter, 2022) |
Introduction. 147 I. The Uniformity and Collectivist Nature of Bankruptcy, The Importance of the Automatic Stay, and the Application of The Bankruptcy Code to Tribes. 151 A. Bankruptcy as Collective Action. 152 B. The Contours of the Automatic Stay. 153 C. The U.S. Constitution, Bankruptcy Code, Tribes and Section 106 of the Bankruptcy Code. 156 1.... |
2022 |
Yes |
| |
CHAPTER TWO INDIGENOUS INTERPRETATIONS: INVOKING THE THIRD INDIAN CANON TO COMBAT CLIMATE CHANGE |
135 Harvard Law Review 1568 (April, 2022) |
As long as the rivers run, as long as the tide flows, and as long as the sun shines, you will have land, fish and game for your frying pans, and timber for your lodges, Washington Territorial Governor Isaac Stevens reassured the signatories of the 1855 Treaty of Point Elliott. The Duwamish, Suquamish, Snoqualmie, Snohomish, Lummi, Nooksack,... |
2022 |
Yes |
| Leon Trakman |
CHINA'S BELT AND ROAD: WHERE TO NOW? |
55 International Lawyer 505 (2022) |
China has nurtured its international treaty program to enable it to grow into the most important trade and investment pathway globally. It now faces serious financial, political, and legal obstacles in progressing that pathway. The most significant obstacles are financial roadblocks (attenuated by COVID-19) that are destabilizing its legacy as the... |
2022 |
Yes |
| Matthew Azim-Kramer |
COLONIAL MARKS: COMPARING THE LEGAL TREATMENT OF TATTOOING IN NEW ZEALAND AND JAPAN |
30 Michigan State International Law Review 1 (2022) |
The world has no end, and what is good among one people is an abomination with others. -Chinua Achebe, Things Fall Apart People around the world practice the art of applying permanent ink to their bodies. Although this practice goes by different names and uses various means of application, the marks are visually similar. These marks, known as... |
2022 |
Yes |
| |
DENEZPI v. UNITED STATES (NO. 20-7622) |
69-JUN Federal Lawyer 41 (May/June, 2022) |
This case asks the Supreme Court to decide whether prosecution of the same conduct, first in a Court of Indian Offenses (CFR court), a federally-constituted Article I trial court with jurisdiction over cases arising on Indian reservations, and then in a federal court, is permissible under the dual sovereignty exception to the Double Jeopardy Clause... |
2022 |
Yes |
| Charlsee P. Abernathy |
DERELICTION OF DUTY TO JUSTICE: THE DISAPPOINTING DECISION TO SEPARATE GENOCIDE FROM PROPERTY RIGHTS VIOLATIONS IN F.R.G. v. PHILIPP |
44 North Carolina Central Law Review 127 (2022) |
Under the expropriations exception to the Foreign Sovereign Immunities Act, plaintiffs may sue a foreign nation defendant within U.S. courts for claims in which rights in property taken in violation of international law are in issue. Since the exception's inception, there has remained a degree of ambiguity around the types of property takings... |
2022 |
Yes |
| W. Gregory Guedel , Philip H. Viles, Jr. |
DIGITAL ECONOMIC ZONES: A PROGRAM FOR COMPREHENSIVE TRIBAL ECONOMIC SOVEREIGNTY |
57 Tulsa Law Review 591 (Spring, 2022) |
I. Introduction. 592 II. Continuing Challenges for Native American Economic Development. 592 III. A New Paradigm for Indigenous Political Economy:. 594 Comprehensive Economic Sovereignty. 594 IV. The Digital Economic Zone. 595 V. Utilizing Digital Currency and Blockchain Technology. 600 VI. The Tribal Public Bank. 603 VII. The Tribal Banking and... |
2022 |
Yes |
| Ann Laquer Estin |
EQUAL PROTECTION AND THE INDIAN CHILD WELFARE ACT: STATES, TRIBAL NATIONS, AND FAMILY LAW |
35 Journal of the American Academy of Matrimonial Lawyers 201 (2022) |
The complex legal relationship between states, the United States, and Native nations can produce serious confusion in family law. Our system of federal Indian law, developed over several centuries, recognizes tribal sovereignty and defines the scope of state power with respect to federally-recognized Indian lands and communities. For the most part,... |
2022 |
Yes |
| |
FIFTH AMENDMENT--DOUBLE JEOPARDY CLAUSE--TRIBAL SOVEREIGNTY--DENEZPI v. UNITED STATES |
136 Harvard Law Review 350 (November, 2022) |
The Fifth Amendment's Double Jeopardy Clause protects criminal defendants from facing two prosecutions for the same offence. Under the dual-sovereignty doctrine, the Supreme Court has historically permitted successive prosecutions for the same act when that act violates the laws of separate sovereigns. Last term, in Denezpi v. United States, the... |
2022 |
Yes |
| Lauren Moose |
FOR BETTER OR FOR WORSE: THE COURT'S APPLICATION OF THE SECOND MONTANA EXCEPTION TO UNITED STATES v. COOLEY |
83 Montana Law Review 353 (Summer, 2022) |
[P]erhaps the most basic principle of all Indian law . is the principle that those powers which are lawfully vested in an Indian tribe are not, in general, delegated powers granted by express acts of Congress, but rather inherent powers of a limited sovereignty which has never been extinguished. -Felix S. Cohen As of 2022, the United States... |
2022 |
Yes |
| Trevion Freeman |
FOR FREEDMEN'S SAKE: THE STORY OF THE NATIVE BLACKS OF THE MUSCOGEE NATION AND THEIR FIGHT FOR CITIZENSHIP POST-MCGIRT |
57 Tulsa Law Review 513 (Winter, 2022) |
I. Introduction. 514 II. Understanding Federal Indian Law. 516 A. Tribal Sovereignty. 517 i. Defining Indian & Tribal Membership. 518 B. Federal Plenary Power: United States Government Power Over Indian Affairs. 520 C. The Power of Tribal Sovereignty in Relationship with Membership Acceptance (Santa Clara Pueblo v. Martinez). 521 D. Tribal Treaty... |
2022 |
Yes |
| Hallie Ludsin |
FROZEN IN TIME: THE SUPREME COURT'S OUTDATED, INCOHERENT JURISPRUDENCE ON CONGRESSIONAL PLENARY POWER OVER IMMIGRATION |
47 North Carolina Journal of International Law 433 (Spring, 2022) |
I. The Consequences of Congressional Plenary Power: Immigration Detention. 438 A. Due Process Standards for Non-Immigration Detention. 440 B. Detention under the Immigration and Nationality Act. 455 C. Distinctions between Noncitizens Detained under Immigration Law and All Other Nonpunitive Detainees. 462 II. Immigration Regulation as a Sovereign... |
2022 |
Yes |
| Adam Crepelle |
GETTING SMART ABOUT TRIBAL COMMERCIAL LAW: HOW SMART CONTRACTS CAN TRANSFORM TRIBAL ECONOMIES |
46 Delaware Journal of Corporate Law 469 (2022) |
C1-2Table of Contents I. Introduction. 469 II. Tribal Sovereignty and Economic Development. 474 III. Tribal Institutions, Uncertainty, and Economic Development. 484 IV. Smart Contracts. 493 V. Smart Contracts and Tribal Institutions. 501 A. Smart Contracts as Contracts. 502 B. Smart Contracts and Secured Transactions. 508 C. Bureaucratic... |
2022 |
Yes |
| Samantha J. Merrill |
GUIDED INTO JEOPARDY: HOW SOUTH DAKOTA'S FAILURE TO REGULATE THE ACTS OF HUNTING OUTFITTERS CAN INFLICT CRIMINAL LIABILITY AND BODILY HARM ON CLIENT-HUNTERS |
67 South Dakota Law Review 280 (2022) |
Inexperienced hunters often rely on hunting outfitters to guide a successful hunt. However, some hunting outfitters use illegal tactics, often in violation of the Lacey Act or Migratory Bird Treaty Act, to increase the take of game to satisfy client-hunters. The violations of these federal laws have high criminal consequences, often imposing... |
2022 |
Yes |
| Kirsten Matoy Carlson |
HISTORIC APPOINTMENT OF TRIBAL CITIZENS IN BIDEN ADMINISTRATION MAY INCREASE TRIBAL PARTICIPATION IN FEDERAL POLICYMAKING |
69-APR Federal Lawyer 10 (March/April, 2022) |
American Indian and Alaska Native Nations have engaged with non-Indigenous governments since contact. As sovereign governments, they understand the importance of relationships with other governments, especially the United States. The impact of federal Indian laws and policies on tribal governments and American Indian and Alaska Native communities... |
2022 |
Yes |
| Guillermo J. Garcia Sanchez |
IN THE NAME OF ENERGY SOVEREIGNTY |
63 Boston College Law Review 2475 (November, 2022) |
Introduction. 2477 I. Energy Sovereignty as a Tool to Explain Fragmentation in Global Energy Governance. 2484 II. Competing Energy Sovereignties in the USMCA. 2494 A. Energy Sovereignty Through Government. 2495 1. The Sovereign Right to Exploit Hydrocarbons. 2496 2. Essential Security Exceptions. 2499 B. Energy Sovereignty Through Market Access.... |
2022 |
Yes |
| Diane P. Wood |
INDIAN SOVEREIGNTY IN CONTEXT |
2022 Wisconsin Law Review 211 (2022) |
Introduction. 211 I. Challenges for this Restatement. 212 II. Tribal Sovereignty: A Comparative Look. 213 III. Unsolved Problems. 221 |
2022 |
Yes |
| Anna Parks Muecke |
INTERNATIONAL CONSTRUCTION LAW: THE DEVELOPMENT OF THE BUSINESS AND HUMAN RIGHTS TREATY AND ITS IMPLICATIONS ON MIGRANT WORKERS |
50 Georgia Journal of International and Comparative Law 548 (2022) |
C1-2Table of Contents I. Introduction. 549 A. Contemporary Issues in International Construction Law. 549 B. Outline of Argument. 549 II. Background. 551 A. The Business and Human Rights Treaty. 552 B. Construction Law, Generally. 553 i. Olympics. 554 ii. World Cup. 555 III. Analysis. 556 A. Migrant Workers in the Gulf. 557 B. Holding Companies... |
2022 |
Yes |
| Dana Lloyd, Assistant Professor of Global Interdisciplinary Studies, Villanova University |
INTRODUCTION TO THE BOOK REVIEW SYMPOSIUM ON MICHAEL MCNALLY'S DEFEND THE SACRED, DEFEND THE SACRED: NATIVE AMERICAN RELIGIOUS FREEDOM BEYOND THE FIRST AMENDMENT BY MICHAEL D. MCNALLY. PRINCETON: PRINCETON UNIVERSITY PRESS, 2020. PP. 400. $99.95 (CLOTH); |
37 Journal of Law and Religion 167 (January, 2022) |
Keywords: religious freedom; Indigenous sovereignty; Indigenous law; federal Indian law Michael McNally's book Defend the Sacred: Native American Religious Freedom beyond the First Amendment responds to recent doubts, raised by Indigenous communities, lawyers, and scholars about the usefulness of religious freedom law for Indigenous nations who are... |
2022 |
Yes |
| Ruth L. Okediji |
IS THE PUBLIC DOMAIN JUST?: BIBLICAL STEWARDSHIP AND LEGAL PROTECTION FOR TRADITIONAL KNOWLEDGE ASSETS |
45 Columbia Journal of Law & the Arts 461 (Spring, 2022) |
The present debate over the legal treatment of traditional knowledge (TK) and genetic resources tends to rationalize the precarious conditions in which Indigenous peoples and local communities live. The debate is organized around the question whether TK should be treated as part of the public domain or whether property rights should apply. Both... |
2022 |
Yes |
| Alexander Toke |
LAND, LEGACY, AND LAW: AMENDING CERCLA TO ACCOUNT FOR ENVIRONMENTAL CONTAMINATION OF TRIBAL CULTURAL RESOURCES |
28 Cardozo Journal of Equal Rights & Social Justice 333 (Winter, 2022) |
C1-2Table of Contents I. Introduction. 335 II. Background Information. 337 A. Treaties. 337 B. The Relationship Between the Federal Government and the Tribes. 340 C. Natural Resources Damages and CERCLA. 343 III. Challenges Faced by Tribes in Recovering for Injuries to Cultural Resources. 346 A. Tribal Lands are Disproportionately Affected by... |
2022 |
Yes |
| Maggie Lohmann |
LAW OF THE LAND: THE CONTINUING LEGACY OF INDIAN LAW'S RACIST ROOTS AND ITS IMPACT ON NATIVE AMERICAN LAND RIGHTS |
125 West Virginia Law Review 329 (Fall, 2022) |
Throughout American history, inhumane treatment of Native nations has been legalized through treaties, court cases, and legislation. Confiscating Native land, treating Native Americans as second-class citizens, and breaking government promises to Native nations has been justified with racist stereotypes about Native Americans. Although some may... |
2022 |
Yes |
| Adam Crepelle |
LEGAL ISSUES IN TRIBAL E-COMMERCE |
10 American University Business Law Review 383 (2022) |
I. Introduction. 383 II. Tribal Sovereignty and Economic Development. 386 III. Tribes, E-Commerce, and the Law. 391 A. Online Reservation Sales and State Taxes. 391 B. Online Gaming. 396 C. Fintech. 400 i. Cryptocurrency. 400 ii. Tribal Lending. 403 a. Tribal Sovereign Immunity. 406 b. Jurisdiction and Forum Selection Clauses. 410 IV.... |
2022 |
Yes |
| Angela R. Riley , Sarah Glenn Thompson |
MAPPING DUAL SOVEREIGNTY AND DOUBLE JEOPARDY IN INDIAN COUNTRY CRIMES |
122 Columbia Law Review 1899 (November, 2022) |
The Double Jeopardy Clause guarantees no individual will be put in jeopardy twice for the same offense. But, pursuant to the dual-sovereignty doctrine, multiple prosecutions for offenses stemming from the same conduct do not violate the Clause if the offenses charged arise under the laws of separate sovereigns, even if the laws are otherwise... |
2022 |
Yes |
| Robert J. Miller |
MCGIRT v. OKLAHOMA |
58-AUG Arizona Attorney 18 (July/August, 2022) |
On the far end of the Trail of Tears was a promise. On July 9, 2020, the U.S. Supreme Court issued McGirt v. Oklahoma. In a 5-4 decision that landed like a bombshell, the Court held that the boundaries of the Muscogee (Creek) Nation (MCN) reservation remain intact, as defined in its 1866 treaty with the United States. Overnight, the MCN... |
2022 |
Yes |
| Adam Goodrum |
MEETING THE MCGIRT MOMENT: THE FIVE TRIBES, SOVEREIGNTY & CRIMINAL JURISDICTION IN OKLAHOMA'S NEW INDIAN COUNTRY |
46 American Indian Law Review 201 (2022) |
In the summer of 2020, the U.S. Supreme Court issued a decision that has been hailed as a significant victory for supporters of tribal sovereignty. The Court held that a significant portion of the land in Oklahoma is an Indian reservation. In a letter to Oklahoma's congressional delegation, a coalition of Native organizations asserted that [t]he... |
2022 |
Yes |
| Cosmas Emeziem |
MISERABLE COMFORTS OR CONCRETE PROTECTIONS: HUMAN RIGHTS CONVENTIONS, TREATIES, DECLARATIONS, AND THE RIGHTS OF INDIGENOUS/OTHERED COMMUNITIES--QUO VADIS? |
21 Santa Clara Journal of International Law 47 (2022) |
It has become an annual ritual for the world--especially through the United Nations (UN)--to organize events and activities celebrating Indigenous Peoples. Further to this disposition, the UN has adopted a Declaration on the Rights of Indigenous Peoples. Equally, it is now fashionable, to include the needs, and questions, affecting indigenous... |
2022 |
Yes |
| Danielle Clifford |
NINTH CIRCUIT MUDDIES THE WATERS OF TRIBAL SOVEREIGN IMMUNITY AND THE CLEAN WATER ACT IN DESCHUTES RIVER ALLIANCE v. PORTLAND GE |
12 Washington Journal of Social & Environmental Justice 45 (May, 2022) |
Throughout 2011 and 2012, members of the Deschutes River community who fish in the Lower Deschutes River in Oregon noticed a slew of significant changes to their natural environment. The Deschutes River Alliance attributed the changes to the operation of the Pelton Round Butte Hydraulic Project, which is co-owned and operated by Portland General... |
2022 |
Yes |
| Ann E. Tweedy |
OFF-RESERVATION TREATY HUNTING RIGHTS, THE RESTATEMENT, AND THE STEVENS TREATIES |
97 Washington Law Review 835 (October, 2022) |
Abstract: The underdevelopment of the law of off-reservation treaty hunting and gathering poses challenges for treatises like the groundbreaking Restatement of the Law of American Indians (Restatement). With particular attention to sections 83 and 6 of the Restatement, this Article explores those challenges and offers some solutions for dealing... |
2022 |
Yes |
| Robert Alan Hershey |
ORAL HISTORY ON TRIAL |
58-AUG Arizona Attorney 48 (July/August, 2022) |
Oral traditions are deeply important, if not sacred, to Indigenous Peoples because they document not only the living memory of their Aboriginal history and occupancy of land, but also their treatment, especially in regard to the identification of the when and where of the unconsented or coerced taking of their lands. John Borrows, the Canada... |
2022 |
Yes |
| Annie R. Matthews |
PABLO v. AK-CHIN INDIAN COMMUNITY: A PATH FOR TRIBAL COURTS TO PROTECT INDIGENOUS SOVEREIGNTY AND SAME-SEX MARRIAGE |
31 Tulane Journal of Law & Sexuality 179 (2022) |
I. Overview. 179 II. Background. 182 III. Court's Decision. 185 IV. Analysis. 192 |
2022 |
Yes |
| Jiang Zhifeng |
PACTA SUNT SERVANDA AND EMPIRE: A CRITICAL EXAMINATION OF THE EVOLUTION, INVOCATION, AND APPLICATION OF AN INTERNATIONAL LAW AXIOM |
43 Michigan Journal of International Law 745 (2022) |
In public international law, pacta sunt servanda is the foundational principle that international agreements are binding on treaty parties and must be kept. Insufficient attention, however, has been given to the role played by this international law axiom in organizing and shaping the international legal order. Accordingly, this note undertakes a... |
2022 |
Yes |
| Seth Davis , Eric Biber , Elena Kempf |
PERSISTING SOVEREIGNTIES |
170 University of Pennsylvania Law Review 549 (February, 2022) |
From the first days of the United States, the story of sovereignty has not been one of a simple division between the federal government and the states of the Union. Then, as today, American Indian tribes persisted as self-governing peoples with ongoing and important political relationships with the United States. And then, as today, there was... |
2022 |
Yes |
| Jonathan Skinner-Thompson |
PROCEDURAL ENVIRONMENTAL JUSTICE |
97 Washington Law Review 399 (June, 2022) |
Abstract: Achieving environmental justice--that is, the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies--requires providing impacted communities not just the formal right,... |
2022 |
Yes |
| Michael J. Kelly |
QUIESCENT SOVEREIGNTY OF U.S. TERRITORIES |
105 Marquette Law Review 501 (Spring, 2022) |
Under modern democratic theory, the font of sovereignty springs from the people; however, traces of its past as a power emanating from the Crown continue to haunt the domestic and international status of sub-sovereign legal entities such as U.S. Territories. Quiescent sovereignty describes that which is possessed by the people of the Territories; a... |
2022 |
Yes |
| Ashleigh Lussenden |
REIMAGINING THE VIOLENCE AGAINST WOMEN ACT FOR TRIBES IN 2022 |
27 Berkeley Journal of Criminal Law 141 (Spring, 2022) |
Introduction. 142 I. The Problem of Criminal Jurisdiction in Indian Country. 144 A. The Oliphant Problem. 144 B. Oliphant's Jurisdictional Vacuum is the Main Cause of Violence Against Native Women. 144 1. Oliphant Undermines Tribal Sovereignty. 145 C. Clarifying Oliphant: Wheeler, Duro, and the Pyrrhic Victory of Lara. 146 II. The Legislation... |
2022 |
Yes |
| Kekek Jason Stark , Autumn L. Bernhardt , Monte Mills , Jason Robison |
RE-INDIGENIZING YELLOWSTONE |
22 Wyoming Law Review 397 (2022) |
I. Introduction. 398 II. Yellowstone as Native Space. 402 A. Native Connections. 403 B. Legal Landscape. 411 1. Inherent Tribal Sovereignty. 412 2. Aboriginal Title and Rights. 412 3. Treaty Relationship. 414 4. Trust Responsibility. 418 III. Federal-Tribal Relations in Yellowstone. 419 A. Trespass (1872-1900). 421 B. Separation (1900-1990). 429 C.... |
2022 |
Yes |
| Sam J. Carter , Robin M. Rotman |
RESURFACING SOVEREIGNTY: WHO REGULATES SURFACE MINING IN INDIAN COUNTRY AFTER MCGIRT? |
83 Montana Law Review 265 (Summer, 2022) |
With that one ruling, what we thought that's happened over the last 114 years since statehood was that we were able to regulate industry, we were able to tax, we were able to prosecute crimes. And that's all kind of thrown up into question. This is the concern that Governor Kevin Stitt voiced to the press following the decision in McGirt v.... |
2022 |
Yes |
| David H. Moore , Michalyn Steele |
REVITALIZING TRIBAL SOVEREIGNTY IN TREATYMAKING |
97 New York University Law Review 137 (April, 2022) |
In the current model of federal-Indian relations, the United States claims a plenary legislative power, as putative guardian, to regulate Indian tribes. Under this model, tribes are essentially wards in a state of pupilage. But the federal-tribal relationship was not always so. Originally, the federal government embraced, even promoted, a more... |
2022 |
Yes |
| Brian L. Pierson |
RIGHT-OF-WAY SOVEREIGNTY |
2022 Wisconsin Law Review 225 (2022) |
Introduction. 225 I. Historical Summary of Laws Governing Rights-of-Way Through Indian Country. 228 II. Rights-of-Way in Wisconsin Indian Country. 231 III. Sovereignty Enhancement Under the 2016 Part 169 Regulations. 235 Conclusion. 237 |
2022 |
Yes |
| Amanda Lyons |
RURALITY AS AN INTERSECTING AXIS OF INEQUALITY IN THE WORK OF THE U.N. TREATY BODIES |
79 Washington and Lee Law Review 1125 (Summer, 2022) |
Rurality intersects with other identities, power dynamics, and structural inequalities--including those related to gender, race, disability, and age--to create unique patterns of human rights deprivations, violations, and challenges in rural spaces. Therefore, accurately assessing human rights and duties in rural spaces requires attention to the... |
2022 |
Yes |
| Pippa Browde |
SACRIFICING SOVEREIGNTY: HOW TRIBAL-STATE TAX COMPACTS IMPACT ECONOMIC DEVELOPMENT IN INDIAN COUNTRY |
74 Hastings Law Journal 1 (December, 2022) |
Economic development is a critical component of tribal sovereignty. When a state asserts taxing authority within Indian Country, there is potential for overlapping, or juridical, taxation over the same transaction. Actual or even potential juridical taxation threatens economic development opportunities for tribes. For many years, tribes and states... |
2022 |
Yes |
| Aila Hoss |
SECURING TRIBAL CONSULTATION TO SUPPORT TRIBAL HEALTH SOVEREIGNTY |
14 Northeastern University Law Review 155 (February, 2022) |
Introduction 159 I. Tribal Governments and Federal Indian Law 161 II. Tribal Consultation and the Law 163 A. United Nations Declaration on the Rights of Indigenous Peoples 164 B. Federal Executive Branch Requirements 166 C. Federal Statutory Requirements 169 D. State Requirements 170 III. Limitations of Existing Consultation Mandates 175 IV.... |
2022 |
Yes |
| Olivia Meadows |
SELF-DETERMINED HEALTH: REEVALUATING CURRENT SYSTEMS AND FUNDING FOR NATIVE AMERICAN HEALTH CARE |
48 American Journal of Law & Medicine 91 (2022) |
For years, the federal government has failed to uphold its promises to provide health care to Native Americans. These promises are echoed in treaties, the Constitution, and judicially-created law. As a result of this breach of promise and chronically underfunding, there are significant health disparities between indigenous populations and other... |
2022 |
Yes |
| Çaca Yvaire |
SENTIENT RAINS |
30 New York University Environmental Law Journal 337 (2022) |
There are perhaps multiple explanations behind the rise of the modern nation-state. The modern nation-states of today exist due to colonization. As nations such as Great Britain spread across the world, they would conquer territories and introduce their own institutions there. Under colonialism, local populations did not have the sovereignty to... |
2022 |
Yes |