| Author | Title | Citation | Summary | Year | Key Terms |
| Kalae Trask |
TOWARD MUTUAL RECOGNITION: AN INVESTIGATION OF ORAL TRADITION EVIDENCE IN THE UNITED STATES AND CANADA |
13 Washington Journal of Social & Environmental Justice 54 (May, 2023) |
United States (U.S.) courts have long failed to recognize the value of oral traditional evidence (OTE) in the law. Yet, for Indigenous peoples, OTE forms the basis of many of their claims to place, property, and political power. In Canada, courts must examine Indigenous OTE on equal footing with other forms of admissable evidence. While legal... |
2023 |
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| Sarah M. Kelly |
TOWARD SELF-DETERMINATION IN THE U.S. TERRITORIES: THE RESTORATIVE JUSTICE IMPLICATIONS OF REJECTING THE INSULAR CASES |
28 Michigan Journal of Race and Law 109 (Spring, 2023) |
Conservatives and liberals alike are increasingly calling for condemnation of the Insular Cases--a series of U.S. Supreme Court cases from the early 1900s, in which the Court developed the doctrine of territorial incorporation to license the United States' indefinite holding of overseas colonial possessions. In March 2021, members of the U.S. House... |
2023 |
|
| Hannah Friedle |
TREATIES AS A TOOL FOR NATIVE AMERICAN LAND REPARATIONS |
21 Northwestern Journal of Human Rights 239 (Summer, 2023) |
Hundreds of treaties signed. Hundreds of treaties broken. The juvenile United States grew in size as independent Native nations ceded their territory through treaties. Thirsting for more land, the United States broke its promises and continued its manifest destiny westward. And what of tribes' treaty rights to land? Some Native nations received... |
2023 |
Yes |
| Ryan B. Stoa |
TRIBAL CANNABIS AGRICULTURE LAW |
2023 Utah Law Review 1075 (2023) |
Indian tribes have some freedom to develop their own approach to cannabis agriculture, but what is the nature of that freedom, and how have tribes acted upon it? This Article investigates the current legal framework surrounding tribal cannabis agriculture and tribal participation in legal cannabis markets. It is generally believed that tribes have... |
2023 |
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| Joe Hillman , Clayton Fulton |
TRIBAL INFRASTRUCTURE AS A ROAD TO RECLAIMING SOVEREIGNTY |
62 Washburn Law Journal 635 (Spring, 2023) |
The ability to shape one's built environment has always been tied to the idea of sovereignty, both at the levels of individual people and units of communal self-governance. Modern tribal infrastructure is overwhelmingly influenced by a top-down approach where money comes from the federal government and credit for infrastructure projects in tribal... |
2023 |
Yes |
| Lauren van Schilfgaarde, Aila Hoss, Ann E. Tweedy, Sarah Deer, Stacy Leeds |
TRIBAL NATIONS AND ABORTION ACCESS: A PATH FORWARD |
46 Harvard Journal of Law & Gender 1 (Winter, 2023) |
I. Introduction. 2 II. Historical Backdrop for Reproductive Autonomy. 8 III. Abortion Care in Indian Country Today. 17 A. Federal Indian Health System. 19 B. Facility Abortion Policies. 22 C. Indigenous Access to Abortion Care. 26 D. Views of Abortion Across Indian Country. 29 IV. Navigating Jurisdiction in Indian Country. 31 A. Criminal... |
2023 |
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| Angela R. Riley |
TRIBAL SELF-DETERMINATION AND A NATION WITHIN |
52 Southwestern Law Review 217 (2023) |
Native Nations in the United States are stronger today in some respects than they have been in the last 250 years. Despite this growth, however, tribes continue to experience the instability that comes from the ruptures of colonialism and must work to recover, rebuild, and revive the cultural lifeways that make them who they are as Indigenous... |
2023 |
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| Michael Doran |
TRIBAL SOVEREIGNTY PREEMPTED |
89 Brooklyn Law Review 53 (Fall, 2023) |
In 1832, the US Supreme Court held in Worcester v. Georgia that the State of Georgia had no authority to exercise criminal jurisdiction over a non-Indian for conduct within the lands of the Cherokee Nation. In passages repeated many times since, the Court said that the several Indian nations [are] distinct political communities, having territorial... |
2023 |
Yes |
| Christopher R. Green |
TRIBES, NATIONS, STATES: OUR THREE COMMERCE POWERS |
127 Penn State Law Review 643 (Summer, 2023) |
The scope of federal power is sometimes seen as a long-running battle between two stories. Story One sees the commerce power as initially broad, mistakenly contracted in the late nineteenth century, then properly restored in 1937 as the national power to deal with national problems. Story Two sees 1937 as the mistake, and the commerce power as... |
2023 |
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| Ellen Elizabeth Scott |
TWENTY-FIRST CENTURY COLONIZATION IS NOT A GOOD POLICY DECISION |
51 Georgia Journal of International and Comparative Law 867 (2023) |
C1-2Table of Contents I. Introduction. 868 II. Background. 871 A. Initial Colonization of the Chagos Islands: The Chagossians. 871 B. Islands' Geography. 873 C. The United Kingdom's Continued Presence. 873 D. Missed Economic Opportunity: IO Domain Code. 875 E. Recent Events. 876 III. Analysis. 878 A. The Perfect Spot for Guns. 878 B. Clinging to... |
2023 |
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| Justin E. Brooks |
TWO COUNTRIES IN CRISIS: MAN CAMPS AND THE NIGHTMARE OF NON-INDIGENOUS CRIMINAL JURISDICTION IN THE UNITED STATES AND CANADA |
56 Vanderbilt Journal of Transnational Law 533 (March, 2023) |
Thousands of Indigenous women and girls have gone missing or have been found murdered across the United States and Canada; these disappearances and killings are so frequent and widespread that they have become known as the Missing and Murdered Indigenous Women Crisis (MMIW Crisis). Indigenous communities in both countries often lack the... |
2023 |
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| Erick J. Franz Hughes |
UNCIRCLE THE WAGONS: RECONCILING WYOMING'S REGULATORY TRADITION WITH THE EASTERN SHOSHONE'S TREATY-BASED OFF-RESERVATION HUNTING RIGHTS |
23 Wyoming Law Review 11 (2023) |
I. Introduction. 12 II. The Genesis of Wyoming's Regulatory Tradition. 15 A. The Eastern Shoshone reserved off-reservation hunting rights in the Second Treaty of Fort Bridger. 16 B. The Marshall Trilogy and Frederick Jackson Turner's Frontier Thesis collide. 19 C. Ward v. Race Horse institutionalized Frederick Jackson Turner's Frontier Thesis. 22... |
2023 |
Yes |
| Christopher Mark Macneill |
UNCLOS, UNDRIP & TARTUPALUK: THE GRIM TALE OF HANS ISLE AND GRAENSE |
23 Sustainable Development Law & Policy 18 (Spring, 2023) |
Inuit have lived in the Arctic from time immemorial. The Arctic, in the face of climate change, has become a hot spot for exploration, resource extraction, and increased shipping and scientific activity. [The] Inuit . have had a common and shared use of the sea area and the adjacent coasts among their own communities, and contemporaneously with... |
2023 |
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| Neoshia R. Roemer |
UN-ERASING AMERICAN INDIANS AND THE INDIAN CHILD WELFARE ACT FROM FAMILY LAW |
56 Family Law Quarterly 31 (2022-2023) |
In 1978, Congress enacted the Indian Child Welfare Act (ICWA) as a remedial measure to correct centuries-old policies that removed Indian children from their families and tribal communities at alarming rates. Since 1978, courts presiding over child custody matters around the country have applied ICWA. Over the last few decades, state legislatures,... |
2023 |
|
| Nicole Pla |
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT |
26 University of Denver Water Law Review 147 (Fall, 2023) |
Klamath Irrigation Dist. v. U.S. Bureau of Reclamation, 48 F.4th 934 (9th Cir. 2022) (holding that: (i) the Tribes were required parties; (ii) the Tribes could not be joined due to tribal sovereign immunity; and (iii) the case could not proceed in equity and good conscience in the Tribes' absence). The Bureau of Reclamation (Reclamation)... |
2023 |
|
| Lucas Szulczynski |
UNITED STATES v. COOLEY: A STEP TOWARDS TRIBAL SOVEREIGNTY |
56 UIC Law Review 697 (Winter 2023) |
I. Introduction. 697 II. Background. 699 A. Inherent Sovereignty and the Treaty Period. 699 B. Allotment and Territorial Erosion. 702 C. Repudiation, Termination, and Modern Policy. 706 D. Implicit Divestiture Doctrine. 708 III. Analysis: United States v. Cooley. 711 A. United States v. Cooley Background. 711 B. Ninth Circuit Court of Appeals. 714... |
2023 |
Yes |
| Eric Loefflad, University of Kent, Canterbury, UK, Email: e.d.loefflad@kent.ac.uk |
UNPARTITIONABLE: C.H. ALEXANDROWICZ, SOVEREIGN DIVISIBILITY, AND THE LONGUE DURÉE OF THE POLISH-LITHUANIAN COMMONWEALTH |
24 German Law Journal 912 (August, 2023) |
(Received 13 June 2022; accepted 22 September 2022) In recent years, scholars of international legal history have demonstrated much newfound interest in C.H. Alexandrowicz, a Polish jurist renowned for his anti-Eurocentric revisionist account of Asian and African agency within the meta-narrative of international law. Building on efforts to link his... |
2023 |
Yes |
| Jocelyn Getgen Kestenbaum , Caroline Bishop LaPorte |
UNSETTLING HUMAN RIGHTS CLINICAL PEDAGOGY AND PRACTICE IN SETTLER COLONIAL CONTEXTS |
31 American University Journal of Gender, Social Policy and the Law 441 (2023) |
Abstract. 442 I. Introduction. 443 II. Critiques of International Human Rights Law, Pedagogy & Practice. 453 A. International Human Rights Law. 454 B. Law School Pedagogy & Practice. 462 III. Incorporating Indigenous Values in Human Rights Clinical Pedagogy & Practice. 466 A. Prioritize Process as Successful Human Rights Practice. 466 B. Reject... |
2023 |
|
| M. Kathryn Hoover |
UP SHIT CREEK --LOOKING FOR A PADDLE |
59-AUG Arizona Attorney 24 (July/August, 2023) |
At the turn of the 21st century, the Navajo Nation faced a dilemma. The Nation's lands in Arizona were in desperate need of water. Earlier efforts to settle the Nation's water rights claims to the Colorado River had collapsed when the Nation sued Peabody Coal Company for its role in a scheme to deflate royalties paid to the Nation for Navajo coal.... |
2023 |
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| Christine Annerfalk , Kevin Bales |
VARIATIONS IN VALOR? AMERICAN CONFLICT, THE "INDIAN WARS," AND THE CONGRESSIONAL MEDAL OF HONOR |
18 Intercultural Human Rights Law Review 175 (2023) |
The Medal of Honor is the highest award given to United States soldiers. It assumes extreme risk and sacrifice in action against an enemy. It is often awarded posthumously. This paper will examine two themes: first, a significant variation in the award of the Medal across conflicts. Further, this paper will discuss the awarding patterns of the... |
2023 |
|
| Heather Tanana |
VOICES OF THE RIVER: THE RISE OF INDIGENOUS WOMEN LEADERS IN THE COLORADO RIVER BASIN |
34 Colorado Environmental Law Journal 265 (Spring, 2023) |
Climate change is one of the leading challenges facing tribes today. Traditionally, Indigenous women played significant roles in tribal decisionmaking and governance. However, European contact and colonization shifted gender dynamics, imposing male-dominated leadership. Recently, Native American women are reclaiming leadership positions--formally... |
2023 |
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| Jack Zarin-Rosenfeld |
WATER BANKRUPTCY THROUGH THE BANKRUPTCY CODE |
57 U.C. Davis Law Review 1435 (December, 2023) |
Water scarcity due to climate change is forcing the state and local government agencies that regulate water use to prioritize certain water uses and users above others. Water agencies could just stand pat and enforce existing priorities, even if doing so would cut off valuable collective uses of water that are lower in priority than uses by narrow... |
2023 |
Yes |
| Erin Rubin |
WATER RIGHTS OF PUBLIC DOMAIN ALLOTMENTS |
132 Yale Law Journal Forum 957 (2/17/2023) |
abstract. Indigenous peoples in the United States have stewarded its land and water for millennia, but now face barriers to accessing sufficient amounts of clean, safe water. Public domain allotments (PDAs) are one solution the United States offers to provide land to Indian people, but PDAs and the rights attaching to them are insufficiently... |
2023 |
|
| Laura S. Underkuffler |
WAYS OF KNOWING AND THE LAW: A TRIBUTE TO JOSEPH WILLIAM SINGER |
10 Texas A&M Law Review 697 (Summer, 2023) |
What is art in human life? When we think of art, it seems at first blush to be just another human endeavor. It is brush strokes of some chosen substance across a piece of canvas or paper. It is the piece of wood or stone left after pieces have been removed by human hands. It is sounds made of a certain pitch and in a certain pattern, rather than... |
2023 |
|
| Gregory Ablavsky , W. Tanner Allread |
WE THE (NATIVE) PEOPLE?: HOW INDIGENOUS PEOPLES DEBATED THE U.S. CONSTITUTION |
123 Columbia Law Review 243 (March, 2023) |
The Constitution was written in the name of the People of the United States. And yet, many of the nation's actual people were excluded from the document's drafting and ratification based on race, gender, and class. But these groups were far from silent. A more inclusive constitutional history might capture marginalized communities' roles as... |
2023 |
|
| Malcolm M. Gilbert , Aspen B. Ward |
WHAT THE TRUST? OVERCOMING BARRIERS TO RENEWABLE ENERGY DEVELOPMENT IN INDIAN COUNTRY |
46 Public Land & Resources Law Review 133 (2023) |
I. Introduction. 134 II. Tattered Trust in A Patchwork Quilt. 136 A. Origins of the federal trust doctrine. 136 B. The modern federal trust responsibility. 139 C. Dismantling paternalism in American Indian energy policy. 141 III. The Frustrated Impact of Good Intentions. 143 A. Bringing native-owned energy to market. 144 1. Debt financing. 145 2.... |
2023 |
|
| Timothy Sandefur |
WHY HAALAND v. BRACKEEN IS NOT THE END OF THE STORY |
2023 Cato Supreme Court Review 169 (2022-2023) |
The story does not end with the last word. It goes on in the silence of the mind .. I profess the conviction that there is only one story, but there are many stories in the one. --N. Scott Momaday The Indian Child Welfare Act (ICWA) is a federal law which establishes a set of rules state governments must follow in child custody proceedings... |
2023 |
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| Gregory L. Lui-Kwan |
WILLIAM S. RICHARDSON SCHOOL OF LAW--REALIZING THE DREAM AND KEEPING IT ALIVE |
27-SEP Hawaii Bar Journal 4 (September, 2023) |
Part I of Realizing the Dream and Keeping It Alive outlined the vision of the founders of the William S. Richardson School of Law, the law school's struggles for survival in the early years, and its success in fulfilling its mission over the last 50 years. Part II highlights the scholarship and contributions of the law school's faculty, the... |
2023 |
|
| Daniel Ahrens , Case Nieboer |
WINNER, BEST APPELLATE BRIEF IN THE 2022 NATIVE AMERICAN LAW STUDENT ASSOCIATION MOOT COURT COMPETITION |
47 American Indian Law Review 167 (2022-2023) |
1. Whether, through general reference to the existence of Native peoples in the Greening of America Act, Congress expressed its clear intent to terminate its solemn treaty promises to the sovereign Winomee Nation? 2. Whether the Greening of America's Act's transfer of title to and planned destruction of the Winomee Nation's most sacred mountain... |
2023 |
|
| Noah Goldenberg , Clayton Kinsey |
WINNER, BEST APPELLATE BRIEF IN THE 2023 NATIVE AMERICAN LAW STUDENT ASSOCIATION MOOT COURT COMPETITION |
47 American Indian Law Review 343 (2022-2023) |
1. Does the Minneshonka Nation retain a power of eminent domain expansive enough to apply to non-enrolled descendants, if retaining the power at all? 2. Does the Minneshonka Nation retain inherent authority to seize non-Indian fee land within the reservation based on the presence of Minneshonka Cane? On August 20, 2020, the Minneshonka Nation's... |
2023 |
|
| Connor D. Hicks |
WITHOUT RESERVATION: ENSURING UNIFORM TREATMENT IN BANKRUPTCY WHILE KEEPING IN MIND THE INTERESTS OF NATIVE AMERICAN INDIVIDUALS AND TRIBES |
28 Fordham Journal of Corporate and Financial Law 341 (2023) |
The Bankruptcy Code (Code) exists as a mechanism for good faith debtors to discharge debts and seek a fresh start in life and finance. 11 U.S.C. § 106(a) ensures that not only are all debtors treated uniformly, but that all creditors, including governmental creditors which may otherwise enjoy immunity from suit, are equally subject to the... |
2023 |
Yes |
| Jesse Honig, David Takacs |
WOLF LAW |
41 UCLA Journal of Environmental Law & Policy 39 (2023) |
Various populations of wolves have been listed as threatened or endangered under the U.S. Endangered Species Act since the 1970s. But no listed species has aroused, and continues to arouse, so much controversy as the Northern Gray wolf. Wolf law is unique, odd, and often counterproductive--at least if the goal is to ensure the species' survival... |
2023 |
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| Donald Craig Mitchell |
YELLEN v. CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION: WHY LEGISLATIVE HISTORY STILL SHOULD COUNT |
59 Willamette Law Review 215 (Spring, 2023) |
To mitigate the damage the coronavirus pandemic was inflicting on the nation's economy, on March 27, 2020, President Donald Trump signed H.R. 748, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). Pursuant to what in Congress is called the regular order, a senator or member of the U.S. House of Representatives introduces a bill,... |
2023 |
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| Clifford J. Villa |
"DON'T BLAME THE FLINT RIVER" |
52 Environmental Law 341 (Summer, 2022) |
Since appearing in modern form fifty years ago, the Clean Water Act has proven a powerful force for environmental justice, helping to clean up urban waterways across the country. Through establishment of water quality standards and enforcement of regulatory requirements, the Clean Water Act has compelled public authorities and private companies to... |
2022 |
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| Margo A. Bagley |
"JUST" SHARING: THE VIRTUES OF DIGITAL SEQUENCE INFORMATION BENEFIT-SHARING FOR THE COMMON GOOD |
63 Harvard International Law Journal 1 (Winter, 2022) |
Genome sequence information is being used to develop improvements in diverse product areas from agriculture to therapeutics. In fact, the rapid development of COVID-19 vaccines required access to the genome sequence of the virus. Beyond the COVID-19 context, however, vast amounts of what is being called digital sequence information (DSI) are being... |
2022 |
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| Mary Christina Wood |
"ON THE EVE OF DESTRUCTION": COURTS CONFRONTING THE CLIMATE EMERGENCY |
97 Indiana Law Journal 239 (Winter, 2022) |
In the dim and smokey twilight, with only bare necessities in tow, a family rushes to escape the wildfire racing toward them. Elsewhere, a household evacuates just ahead of a category five hurricane, perhaps not for the first time. Along the coastlines, countless others are resigned to looking on as their homesites erode into the inexorably rising... |
2022 |
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| Claire Blumenthal |
"WE HOLD THE GOVERNMENT TO ITS WORD": HOW MCGIRT v. OKLAHOMA REVIVES ABORIGINAL TITLE |
131 Yale Law Journal 2326 (May, 2022) |
This Note analyzes for the first time how McGirt v. Oklahoma could revive aboriginal-title land claims against the United States and create an opening for Land Back litigation. It argues that McGirt directs lower courts to enforce aboriginal title's congressional-intent requirement strictly and renews the relevance of an overlooked case from 2015,... |
2022 |
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| Cree Jones , Weijia Rao |
(UN)STABLE BITS |
47 Yale Journal of International Law 247 (Summer, 2022) |
INTRODUCTION. 248 A. Popular Narrative. 252 B. Disentangling Preferences. 254 I. NEGOTIATION INPUT, EVOLVING PREFERENCES, AND TREATY TERMINATION. 257 A. An Overview. 258 B. Mass Terminators: India & Ecuador. 261 C. Incremental Terminators: Indonesia & South Africa. 263 D. Renegotiators: Germany & China. 264 E. Termination by Consent. 266 F.... |
2022 |
Yes |
| Charles R. Venator-Santiago |
¿CUÁLES SON LAS FUENTES CONSTITUCIONALES DE LA LEGISLACIÓN SOBRE LA CIUDADANÍA DE LOS ESTADOS UNIDOS PARA PUERTO RICO? |
91 Revista Juridica Universidad de Puerto Rico 793 (2022) |
Introducción. 793 I. Teorías especulativas. 795 II. Definiendo el estatus político de Puerto Rico. 801 III. Una visión general de la legislación de ciudadanía extendida a Puerto Rico. 810 A. Fuentes constitucionales de la ciudadanía de los Estados Unidos en 1898. 811 B. Nacionalidad no ciudadana o ciudadanía puertorriqueña 1898-1934. 812 C.... |
2022 |
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| Michael C. Blumm, Gregory A. Allen |
30 BY 30, AREAS OF CRITICAL ENVIRONMENTAL CONCERN, AND TRIBAL CULTURAL LANDS |
52 Environmental Law Reporter (ELI) 10366 (May, 2022) |
President Joe Biden's Executive Order No. 14008 of January 2021 called for the Administration to conserve at least 30% of the nation's lands and waters by 2030. To accomplish this ambitious 30 by 30 effort, the Order directed federal agencies to work with tribal governments, among others, to propose lands and waters as qualifying for... |
2022 |
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| Anita Sinha |
A LINEAGE OF FAMILY SEPARATION |
87 Brooklyn Law Review 445 (Winter, 2022) |
History, as nearly no one seems to know, is not merely something to be read. And it does not refer merely, or even principally, to the past. On the contrary, the great force of history comes from the fact that we carry it within us .. This article is rooted in the belief that the articulation of shared narrative histories advances the pursuit of... |
2022 |
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| Reuven Avi-Yonah , Young Ran (Christine) Kim , Karen Sam |
A NEW FRAMEWORK FOR DIGITAL TAXATION |
63 Harvard International Law Journal 279 (Spring, 2022) |
The international tax regime has wide implications for business, trade, and the international political economy. Under current law, multinational enterprises do not pay their fair share of taxes to market countries where profits are generated because market countries are only allowed to tax companies with a physical presence there. Digital... |
2022 |
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| Heather Odell |
ACCOUNTABLE TO NONE? CHALLENGING SOVEREIGN IMMUNITY THROUGH THE TRAFFICKING VICTIMS PROTECTION ACT |
63 Boston College Law Review 1517 (April, 2022) |
Abstract: Although amendments to the Trafficking Victims Protection Act (TVPA) have opened the door to greater corporate liability, government liability under the TVPA remains murky. A critical barrier that plaintiffs suing government entities confront is the broad protection from suit that states enjoy under the Eleventh Amendment. One of the few... |
2022 |
Yes |
| Ekrem Korkut, Lara B. Fowler, Kathleen E. Halvorsen, Davin Holen, E. Lance Howe, Guangqing Chi |
ADDRESSING CLIMATE IMPACTS IN ALASKA NATIVE TRIBES: LEGAL BARRIERS FOR COMMUNITY RELOCATION DUE TO THAWING PERMAFROST AND COASTAL EROSION |
40 UCLA Journal of Environmental Law & Policy 185 (2022) |
Rural communities in Alaska--predominantly Alaska Native Tribes--are at the forefront of climate change impacts and climate justice concerns in the United States. According to the 2019 Alaska statewide threat assessment report, 29 communities are currently experiencing significant climate change-related erosion. Further, 38 communities face... |
2022 |
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| Arianna Zrzavy, Molly Blondell, Wakako Kobayashi, Bryan Redden, Paul Mohai |
ADDRESSING CUMULATIVE IMPACTS: LESSONS FROM ENVIRONMENTAL JUSTICE SCREENING TOOL DEVELOPMENT AND RESISTANCE |
52 Environmental Law Reporter (ELI) 10111 (February, 2022) |
This Article discusses how disparate environmental burdens can be addressed using environmental justice (EJ) screening tools. It identifies states that have developed state-specific EJ screening tools, analyzes these tools' functions, and identifies strategies to overcome resistance to them. The authors conducted interviews with multiple... |
2022 |
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| Christian Webber |
AIDING EMPLOYMENT AND THE ENVIRONMENT ON TRIBAL LANDS: AN ANALYSIS OF HIRING PREFERENCES AND THEIR USE IN THE MINING INDUSTRY |
12 Arizona Journal of Environmental Law & Policy 298 (Summer, 2022) |
This Note analyzes hiring preferences on tribal lands in the mining industry within the United States and particularly in the State of Arizona, which has a relatively high number of both mines and federally recognized tribes. Arizona has its own robust history and case law on hiring preferences in the mining industry for tribal members. This Note... |
2022 |
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| 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 |
| Kerri M. Gefeke |
AMERICA TO ME--A PUBLIC NUISANCE REPARATIONS FRAMEWORK THROUGH THE LENS OF THE TULSA MASSACRE |
55 UIC Law Review 681 (Winter 2022) |
I. Introduction. 682 II. Background. 686 A. What are Reparations?. 686 B. Types of Reparations Provided by the United States in the Past. 687 1. The Rhetoric of Race and Understanding United States History. 687 2. Reparations to the Sioux Nation. 688 3. Reparations to Japanese-Americans Internment Survivors. 689 4. Reparations for the Tuskegee... |
2022 |
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| James D. Diamond |
AN UNCOMFORTABLE TRUTH: LAW AS A WEAPON OF OPPRESSION OF THE INDIGENOUS PEOPLES OF SOUTHERN NEW ENGLAND |
27 Roger Williams University Law Review 255 (Spring, 2022) |
Southern New England, today, is a de facto exception to much of U.S. Indian law and policy, with progress sustained by Indigenous peoples in the region at a bare minimum. The exception is the product of more than three hundred years of discrimination and persecution with law employed as the primary weapon. After the conclusion of seventeenth... |
2022 |
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| 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 |