| Author | Title | Citation | Summary | Year | Key Terms |
| Avery Locklear |
ARE YOU NATIVE AMERICAN? |
100 North Carolina Law Review Forum 118 (2022) |
Throughout history, our nation has been obsessed with the identity of various groups of people inhabiting the United States. Since the founding, Native Americans have been tasked with protecting the traditions and customs that shape their identity against colonized norms. In the late 1800s, the Indian Major Crimes Act was created to further strip... |
2022 |
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| 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 |
| James T. Campbell |
AURELIUS'S ARTICLE III REVISIONISM: REIMAGINING JUDICIAL ENGAGEMENT WITH THE INSULAR CASES AND "THE LAW OF THE TERRITORIES" |
131 Yale Law Journal 2542 (June, 2022) |
The Supreme Court's unanimous decision upholding the appointments structure of Puerto Rico's controversial Financial Oversight and Management Board in FOMB v. Aurelius has, to date, yielded commentary fixated on what the Justices did not say. The bulk of that commentary criticizes the Court for declining to square up to and overturn the Insular... |
2022 |
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| Michael D. McNally, John M. and Elizabeth W. Musser Professor of Religious Studies, Carleton College |
AUTHOR'S RESPONSE, 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); $26.95 (PAPER); $26.95 (DIGITAL). ISBN: 9780691190891 |
37 Journal of Law and Religion 199 (January, 2022) |
Keywords: Native American religions; sacred places; Indigenous; Native American I am humbled to have had such close and perceptive readings of a book that I had always imagined as successful if it convened further conversation. My interlocutors in this symposium are people whose work and example I admire deeply, and readers are encouraged to take... |
2022 |
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| Nicole Russo |
BACK TO BASICS: THE SUPREME COURT'S RETURN TO FUNDAMENTAL PRINCIPLES OF FEDERAL INDIAN LAW IN MCGIRT v. OKLAHOMA AHEAD OF EQUAL PROTECTION CHALLENGE TO THE INDIAN CHILD WELFARE ACT OF 1978 |
55 Suffolk University Law Review 123 (2022) |
[T]he Supreme Court has been inattentive, flippant, and disrespectful of Indian rights, and has seen its task as one of finding arguments that will make actions by the other two branches appear legal. Many doctrines' have emerged over the course of 170 years of hearing Indian cases, but the various courts have felt no compulsion to follow... |
2022 |
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| 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 |
| MJ Palau-McDonald |
BLOCKCHAINS AND ENVIRONMENTAL SELF-DETERMINATION FOR THE NATIVE HAWAIIAN PEOPLE: TOWARD RESTORATIVE STEWARDSHIP OF INDIGENOUS LANDS |
57 Harvard Civil Rights-Civil Liberties Law Review 393 (Summer, 2022) |
Introduction. 394 I. Four Values of Restorative Justice for Native Peoples. 397 A. Mo'omeheu: Cultural Integrity. 398 B. 'ina: Land and Natural Resources. 398 C. Mauli Ola: Social Determinants of Health and WellBeing. 399 D. Ea: Self-Governance. 399 II. Contextual History of Hawai'i's Public Land Trust. 400 A. Native Hawaiian Values, Customs, and... |
2022 |
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| 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 |
| Kirsten Matoy Carlson |
BRINGING CONGRESS AND INDIANS BACK INTO FEDERAL INDIAN LAW: THE RESTATEMENT OF THE LAW OF AMERICAN INDIANS |
97 Washington Law Review 725 (October, 2022) |
Abstract: Congress and Native Nations have renegotiated the federal-tribal relationship in the past fifty years. The courts, however, have failed to keep up with Congress and recognize this modern federal-tribal relationship. As a result, scholars, judges, and practitioners often characterize federal Indian law as incoherent and inconsistent. This... |
2022 |
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| Thomas B. Sokolowski |
CAN CRIMINALS RESHAPE ENVIRONMENTAL LAW? AN ANALYSIS OF MCGIRT AND ITS IMPLICATIONS ON REGULATING THE ENVIRONMENT |
55 Indiana Law Review 857 (2022) |
On July 9, 2020, the United States Supreme Court held in McGirt v. Oklahoma that a portion of eastern Oklahoma was an Indian reservation. Though the case specifically addressed whether the State of Oklahoma or the Muscogee (Creek) Nation had prosecuting authority over the defendant, the Justices anticipated the decision's implications on other... |
2022 |
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| Guy C. Charlton , Tim Fadgen |
CASE NOTE: FITISEMANU v. UNITED STATES: U.S. CITIZENSHIP IN AMERICAN SMOA AND THE INSULAR CASES |
39 UCLA Pacific Basin Law Journal 25 (Spring, 2022) |
This article considers the problematic place of individual American Smoans who have been denied full membership within the American political community, first due to the colonialist arcane notion of being unfit for full membership in the American community on racial and cultural grounds embodied in the Supreme Court's Insular Cases, and second,... |
2022 |
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CASE SUMMARIES |
52 Environmental Law 469 (Summer, 2022) |
City of Phoenix residents Sandra L. Bahr, Jeanne Lunn, and David Matusow (collectively, Bahr) filed a petition for judicial review of the Environmental Protection Agency's (EPA) determination that the Phoenix nonattainment area (NAA) had attained the national ambient air quality standard (NAAQS) for ozone by its 2018 deadline in compliance with the... |
2022 |
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CHAPTER 9 NEW ZEALAND |
98 IUS Gentium 429 (2022) |
Abstract This chapter begins with a brief overview of the historical background, leading into the current social context and a consideration of the social movements and issues that generate dissent and shape the context for conscientious objection. It then identifies and examines the relevant principles, doctrines and definitions including... |
2022 |
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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 |
| Kristina M. Campbell |
CITIZENSHIP, RACE, AND STATEHOOD |
74 Rutgers University Law Review 583 (Winter, 2022) |
This Article will discuss the interplay between citizenship, race, and ratification of statehood in the United States, both historically and prospectively. Part II will discuss the development and history of the Insular Cases and the creation of the Territorial Incorporation Doctrine (TID), focusing on the Territory of Puerto Rico and how the... |
2022 |
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| Cass R. Sunstein |
CLIMATE CHANGE COSMOPOLITANISM |
39 Yale Journal on Regulation 1012 (Spring, 2022) |
Do foreign lives matter? When? How much? If one nation damages another, what are its obligations, as a matter of law and policy? These questions can be approached and understood in diverse ways, but they are concretized in debates over the social cost of carbon, which is sometimes described as the linchpin of national climate policy. The social... |
2022 |
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| Cinnamon P. Carlarne |
CLIMATE COURAGE: REMAKING ENVIRONMENTAL LAW |
41 Stanford Environmental Law Journal 125 (May, 2022) |
I. Introduction. 126 II. The Making of Environmental Law. 133 A. How It Began: Environmental Law's Ecological Roots. 135 B. How It Is Going: A Field Detached. 140 III. Examining the Roots of Environmental Law. 142 A. International Environmental Leadership. 143 B. Environmental Justice. 147 C. Climate Justice. 152 D. Environmental Rights. 156 IV.... |
2022 |
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| 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 |
| Sydney Groll |
COMMUNITIES AS CARETAKERS: THE INDIAN CHILD WELFARE ACT AS AN ANTIRACIST FRAMEWORK FOR ALL CHILD WELFARE CASES |
19 Rutgers Journal of Law & Public Policy 279 (Spring, 2022) |
Americans have long been trained to see the deficiencies of people rather than policy. It's a pretty easy mistake to make: People are in our faces. Policies are distant. We are particularly poor at seeing the policies lurking behind the struggles of people. --Ibram X. Kendi The child welfare system is racist. As with all systems in the United... |
2022 |
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| Jarrod Shobe |
CONGRESSIONAL RULES OF INTERPRETATION |
63 William and Mary Law Review 1997 (May, 2022) |
Many scholars argue that Congress should adopt federal rules of statutory interpretation to guide judicial interpretation. This Article uses a novel dataset to show that Congress has long used enacted rules of interpretation and has increasingly done so in recent decades. However, it has chosen to do so on a statute-by-statute basis in a way that... |
2022 |
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| Grant Christensen |
CONSENTING TO CRIMINAL JURISDICTION IN TRIBAL COURT |
37-FALL Criminal Justice 34 (Fall, 2022) |
Consent is rarely discussed in the context of criminal jurisdiction. Unlike civil jurisdiction, where parties may consent to the personal jurisdiction of the courts of a state or the venue of a federal district court, in the criminal context, a state is assumed to have authority over crimes committed within its borders. Rather than criminally try a... |
2022 |
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| Brayden Jack Parker |
'CORNERSTONE UPON WHICH REST ALL OTHERS': UTILIZING CANONS OF STATUTORY INTERPRETATION TO CONFIRM AN ENFORCEABLE TRUST DUTY FOR NATIVE AMERICAN HEALTH CARE |
90 George Washington Law Review 237 (February, 2022) |
In 1976, the federal government passed the Indian Health Care Improvement Act (IHCIA) in furtherance of its special trust responsibility owed to Native Americans. Through the IHCIA, Congress created the Indian Health Service, which provides health care to five million members of federally recognized tribes. In recent years, however, the Indian... |
2022 |
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| Judith Dworkin |
COURTS HAVE MUCH TO RESOLVE IN DETERMINING INDIAN WATER RIGHTS |
36-WTR Natural Resources & Environment 39 (Winter, 2022) |
A sustainable water supply is critical for viable communities. In the western United States, this has meant the development of water law regimes to support the area's growing population. These regimes set objectives for obtaining and controlling limited water and diverting, storing, and delivering this vital resource. The federal government,... |
2022 |
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| Lia Maria Fulgaro |
DEATH BY APATHY: TOLERANCE OF THE GOVERNMENT'S FAILURE TO FUND PROMISED HEALTHCARE CAUSES LOSS OF NATIVE AMERICAN LIVES |
20 Seattle Journal for Social Justice 583 (Winter, 2022) |
In 2015, Indian Health Services (IHS), the federal agency responsible for providing Native Americans with promised healthcare, closed Rosebud Hospital Emergency Department in South Dakota due to lack of compliance with basic safety and sanitation guidelines. In response, the local Rosebud Sioux Tribe sued IHS in an effort to keep the emergency... |
2022 |
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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 |
| Warigia M. Bowman |
DIKOS NITSAA'IGII-19 ("THE BIG COUGH"): COAL, COVID-19, AND THE NAVAJO NATION |
73 Hastings Law Journal 975 (May, 2022) |
Our Nation was born in genocide when it embraced the doctrine that the original American, the Indian, was an inferior race. Even before there were large numbers of Negroes on our shores, the scar of racial hatred had already disfigured colonial society. From the sixteenth century forward, blood flowed in battles over racial supremacy. Moreover, we... |
2022 |
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| Sherally Munshi |
DISPOSSESSION: AN AMERICAN PROPERTY LAW TRADITION |
110 Georgetown Law Journal 1021 (May, 2022) |
Universities and law schools have begun to purge the symbols of conquest and slavery from their crests and campuses, but they have yet to come to terms with their role in reproducing the material and ideological conditions of settler colonialism and racial capitalism. This Article considers the role the property law tradition has played in shaping... |
2022 |
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| Anna C. Scartz |
DO YOU NEED LEGS TO STAND? WILD RICE STANDS IN TRIAL AND AN EXAMINATION OF THE USE OF LEGAL PERSONHOOD TO PROTECT THE RIGHTS OF NATURE IN COURT |
51 Georgia Journal of International and Comparative Law 245 (2022) |
C1-2Table of Contents I. Introduction. 246 II. Rights of Nature. 247 A. What is Legal Personhood?. 247 B. What are the Rights of Nature?. 248 III. Around the World. 249 A. Generally. 249 B. Case Studies and Examples. 250 i. New Zealand. 250 ii. Ecuador. 251 IV. In the United States. 252 A. Current Methods... |
2022 |
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| Gabriel J. Chin |
DRED SCOTT AND ASIAN AMERICANS |
24 University of Pennsylvania Journal of Constitutional Law 633 (June, 2022) |
Chief Justice Taney's 1857 opinion in Dred Scott v. Sandford is justly infamous for its holdings that African Americans could never be citizens, that Congress was powerless to prohibit slavery in the territories, and for its proclamation that persons of African ancestry had no rights which the white man was bound to respect. For all of the... |
2022 |
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| Dominic A. Azzopardi |
DUAL TAXATION IN INDIAN COUNTRY: THE STRUGGLE TO CORRECT COTTON PETROLEUM |
67 Wayne Law Review 311 (Winter, 2022) |
ABSTRACT. 311 I. Introduction. 312 II. The Indian Commerce Clause, Preemption, and the Williams v. Lee Balancing Test. 313 A. The History of the Indian Commerce Clause. 314 B. The Construction of Federal Preemption and Williams v. Lee. 316 1. The History and Application of Williams v. Lee. 316 2. The Unique Use of Preemption in Federal Indian Law.... |
2022 |
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| Michael-Corey Francis Hinton, Erick John Giles |
ELI-TPITAHATOMEK TPASKUWAKONOL WAPONAHKIK (HOW WE, NATIVE PEOPLE, REFLECT ON THE LAW IN THE DAWNLAND) |
74 Maine Law Review 209 (2022) |
Introduction I. Roots of Federal Indian Law A. Evolution of the Law of Nations (a.k.a. the Doctrine of Discovery) B. Establishment of a Spanish-Christian Hierarchy in the New World C. English Application of the Doctrine of Discovery in North America D. The Marshall Trilogy 1. Johnson v. M'Intosh 2. Cherokee Nation v. Georgia 3. Worcester v. Georgia... |
2022 |
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| Jill M. Fraley |
EMINENT DOMAIN AND UNFETTERED DISCRETION: LESSONS FROM A HISTORY OF U.S. TERRITORIAL TAKINGS |
126 Penn State Law Review 609 (Spring, 2022) |
Eminent domain is a minimal constitutional protection for private property and one that is subject to far more discretion than previously recognized by scholars. This Article traces a novel legal history of land takings within the U.S. Territories, focusing on some of the most egregious and controversial incidents and problematic patterns... |
2022 |
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| Seth Davis |
EMPIRE IN EQUITY |
97 Notre Dame Law Review 1985 (May, 2022) |
This Essay tells a story of how a contest for empire contributed to the law of justiciability in the U.S. federal courts. It begins in the eighteenth century in the Carnatic, a region in East India, winds its way through the territory of the Cherokee Nation in the nineteenth century, and eventually touches on the State of Tennessee in the... |
2022 |
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| Manda N. McElrath |
EMPTY GRAVES AND FULL MUSEUMS: THE NEED TO INCLUDE NON-FEDERALLY RECOGNIZED TRIBES IN NAGPRA CLAIMS |
55 U.C. Davis Law Review 2463 (April, 2022) |
C1-3Table of Contents L1-2Introduction . L32465 I. NAGPRA and the Federal Recognition Process. 2467 A. The NAGPRA Process: What and Who Does It Apply To?. 2469 B. What Is Federal Recognition?. 2472 II. Contradictions Within the NAGPRA Statutory Language. 2473 A. Indian Versus Native: The Confusion of Semantics. 2474 B. Bonnichsen v. United States.... |
2022 |
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| Laura Cahier |
ENVIRONMENTAL JUSTICE IN THE UNITED NATIONS HUMAN RIGHTS SYSTEM: CHALLENGES AND OPPORTUNITIES FOR THE PROTECTION OF INDIGENOUS WOMEN'S RIGHTS AGAINST ENVIRONMENTAL VIOLENCE |
13 George Washington Journal of Energy & Environmental Law 37 (2022) |
Throughout the world, Indigenous women have denounced the disproportionate effects of environmental destruction, natural resource extraction, land exploitation, or intensive agriculture on every aspect of their lives and integrity, especially when these activities are conducted within or close to the lands and territories that Indigenous peoples... |
2022 |
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| Dirk Hanschel , Mario G. Aguilera Bravo , Bayar Dashpurev , Abduletif Kedir Idris |
ENVIRONMENTAL RIGHTS BETWEEN CONSTITUTIONAL LAW AND LOCAL CONTEXT: REFLECTIONS ON A MOVING TARGET |
23 German Law Journal 1012 (September, 2022) |
(Received 31 August 2022; accepted 31 August 2022) Environmental rights such as the right to a sound environment and rights of nature, while playing an increasingly important role in global environmental governance and protection, frequently do not correspond to articulations of fundamental experiences of injustice by communities particularly... |
2022 |
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| 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 |
| Maria Antonia Tigre |
EXPLORING THE BEDROCK FOR EARTH JURISPRUDENCE |
22 Rutgers Journal of Law & Religion 223 (2021-2022) |
This article calls for a reassessment of our core beliefs on how we relate to the environment through a deep dive into the philosophical foundations of environmental protection. With this purpose, it shows how Earth-centered discourses have existed in human societies and civilizations for millennia. Different religious and philosophical... |
2022 |
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| Kevin K. Washburn |
FACILITATING TRIBAL CO-MANAGEMENT OF FEDERAL PUBLIC LANDS |
2022 Wisconsin Law Review 263 (2022) |
Each year Native American tribal nations enter hundreds of federal contracts worth billions of dollars to run federal Indian programs. By substituting tribal governments for federal agencies, these self-determination contracts have been enormously successful in improving the effective delivery of federal programs on Indian reservations. Tribal... |
2022 |
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| Sadie Hart |
FALLING THROUGH THE CRACKS: THE AMERICAN INDIAN FOSTER CARE TO SEXUAL EXPLOITATION PIPELINE AND THE NEED FOR EXPANDED AMERICAN INDIAN COMMUNITY SERVICES IN MINNESOTA |
15 DePaul Journal for Social Justice 1 (Winter/Spring, 2021-2022) |
Following the discovery of hundreds of children's bodies at residential schools in Canada, United States Interior Secretary Deb Haaland called for an investigation into the federal government's oversight of American Indian boarding schools. This call highlights a growing awareness of the United States' legacy of violence against American Indians.... |
2022 |
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| Joubin Khazaie |
FANON, COLONIAL VIOLENCE, AND RACIST LANGUAGE IN FEDERAL AMERICAN INDIAN LAW |
12 University of Miami Race & Social Justice Law Review 297 (Spring, 2022) |
This Comment will argue that the racist language enshrined in foundational Supreme Court decisions involving Native tribes continuously enacts a form of colonial violence that seeks to preserve a white racial dictatorship. The paper will use Frantz Fanon's scholarship on colonial violence and the dehumanization of Indigenous people as a framework... |
2022 |
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| Amanda B. Hurst |
FAUX FEDERALISM |
110 Kentucky Law Journal 221 (2021-2022) |
Table of Contents. 221 Abstract. 222 Introduction. 222 I. Meeting the Players. 229 A. Federalism's End Game. 229 B. The Power to Spend: Congress's Superpower. 231 i. The Tenth Amendment: No Additional Limit. 233 ii. Federalism: Interpretive Tool v. Substantive Limit. 235 iii. Spending Programs & Federalism. 238 1. Dual Federalism: Stay in Your... |
2022 |
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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 |
| Adam Crepelle |
FINDING WAYS TO EMPOWER TRIBAL OIL PRODUCTION |
22 Wyoming Law Review 25 (2022) |
I. Introduction. 25 II. The History of Federal Control of Tribal Land and Oil. 32 III. Obstacles to Indian Country Oil and Gas Development. 39 A. Federal Bureaucracy. 39 B. Dual Taxation. 43 C. Jurisdictional Uncertainty. 48 IV. Recommendations. 50 A. TEDO and Vertical Integration. 50 B. Constitutional Challenges. 53 C. Blockchain to Improve Land... |
2022 |
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| Dale T. White |
FIVE RESTATEMENTS: CHARTING THE HISTORY OF THE LAW ON STATE TAXATION OF NON-TRIBAL MEMBERS IN INDIAN COUNTRY |
2022 Wisconsin Law Review 329 (2022) |
Introduction. 330 I. Restatement #1: 1832 (Worcester v. Georgia). 332 II. Restatement #2: 1942 (Cohen Handbook). 333 A. Chapter 6, Scope of State Powers over Indian Affairs. 333 1. The Cohen Matrix. 334 2. Caselaw in 1942 on What a Federal Concern Is. 335 B. State Sales Taxes. 336 III. Restatement #3: Cohen to Moe (1942-1976). 337 A. The 1958... |
2022 |
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| 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 |