| Author | Title | Citation | Summary | Year | Key Terms |
| 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 |
| Eric D. Eberhard, Professor from Practice |
FOREWORD |
97 Washington Law Review 697 (October, 2022) |
This issue of Washington Law Review includes material from Part Two of the 34th Annual Indian Law Symposium that was held virtually on April 21 and 22, 2022. It was devoted to an in-depth review of the Final Draft of the Restatement of the Law of American Indians. With very few exceptions, the panelists and speakers at the Symposium were among the... |
2022 |
|
| Victoria Roman |
FROM APOLOGY TO ACTION: A COMMENT ON TRANSITIONAL JUSTICE IN THE UNITED STATES AND CANADA |
37 Maryland Journal of International Law 122 (2022) |
On September 30, 2021, National Day of Remembrance for Native Americans, Senator Elizabeth Warren (D-Mass) and the Co-Chairs of the Congressional Native American Caucus reintroduced The Truth and Healing Commission on Indian Boarding School Policies in the United States. U.S. Secretary of the Interior Deb Haaland (Laguna Pueblo) first introduced... |
2022 |
|
| Pippa Browde |
FROM ZERO-SUM TO ECONOMIC PARTNERS: REFRAMING STATE TAX POLICIES IN INDIAN COUNTRY IN THE POST-COVID ECONOMY |
52 New Mexico Law Review 1 (Winter, 2022) |
The disparate impact COVID-19 has had on Indian Country reveals problems centuries in the making from the legacy of colonialism. One of those problems is state encroachment in Indian Country, including attempts to assert taxing authority within Indian Country. The issue of the reaches of state taxing authority in Indian Country has resulted in law... |
2022 |
|
| 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FROZEN IN TIME: THE SUPREME COURT'S OUTDATED, INCOHERENT JURISPRUDENCE ON CONGRESSIONAL PLENARY POWER OVER IMMIGRATION |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 |
| Denisse Córdova Montes, Tamar Ezer, Reem Ali, Kayla Bokzam, Renu Sara Nargund, Megan Norris, Maxwell Zoberman |
GENDER JUSTICE AND HUMAN RIGHTS SYMPOSIUM HOLISTIC APPROACHES TO GENDER VIOLENCE |
30 University of Miami International and Comparative Law Review 217 (Fall, 2022) |
L1-2Background . L3218 I. Day 1. 222 A. Day 1 Welcome Remarks. 222 B. Introductory Panel. 224 C. Preventing GBV. 228 D. Systemic Accountability for GBV. 232 E. Access to Justice for GBV: How Should we Define Justice?. 237 F. Rethinking Protection to Mitigate GBV: Engaging Survivors and Offenders. 241 G. Day 1 Closing Remarks. 248 II. Day 2. 248 A.... |
2022 |
|
| Grant Christensen |
GETTING COOLEY RIGHT: THE INHERENT CRIMINAL POWERS OF TRIBAL LAW ENFORCEMENT |
56 U.C. Davis Law Review 467 (December, 2022) |
While the Supreme Court regularly decides cases defining the limits of the criminal jurisdiction of tribal courts, when it heard United States v. Cooley in 2021 it had not decided a case about the procedural powers of tribal law enforcement in more than a century. Across more than five decades lower courts at all levels struggled to decide whether... |
2022 |
|
| Gregory Ablavsky |
GETTING PUBLIC RIGHTS WRONG: THE LOST HISTORY OF THE PRIVATE LAND CLAIMS |
74 Stanford Law Review 277 (February, 2022) |
Abstract. Black-letter constitutional law distinguishes private rights, which must be litigated before an Article III tribunal, from public rights, which Congress may resolve through administrative adjudication. Yet both scholars and the Supreme Court have long struggled to define this distinction. Recently, many have turned to history for... |
2022 |
|
| 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 |
| Melodie Meyer |
GOOD FIRE |
37-FALL Natural Resources & Environment 30 (Fall, 2022) |
Several tribes have adopted adaptation plans and mitigation strategies in response to the climate crisis. These responses incorporate traditional ecological knowledge that seamlessly blends the most current scientific methods with time-honored cultural practices and ceremonies. Due to climate change, wildfires have increased across North America... |
2022 |
|
| 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 |
| Adam Crepelle |
HOLDING THE UNITED STATES LIABLE FOR INDIAN COUNTRY CRIME |
31-SPG Kansas Journal of Law & Public Policy 223 (Spring, 2022) |
[A]ll Americans have the right to public safety and security, but it's preeminently a Federal responsibility to protect those rights in Indian Country. Police killings of unarmed African Americans have inspired calls to defund the police. Although the number of African Americans killed by police is troubling, Indians are killed by police at... |
2022 |
|
| N. Lauryn Boston |
HON. ALLIE GREENLEAF MALDONADO |
69-APR Federal Lawyer 16 (March/April, 2022) |
The reservation lands of the Little Traverse Bay Bands of Odawa Indians (LTBB Tribe) lie along the picturesque northern shores of Michigan's Lower Peninsula, where great white pine, red oak, and colorful sugar maple dominate the landscape of a region once called by the native Odawa the land of the crooked tree. It is here that the Hon. Allie... |
2022 |
|
| Jaime M.N. Lavallee |
HOW TO BE BIASED IN THE CLASSROOM: KWAYESKASTASOWIN - SETTING THINGS RIGHT? |
48 Mitchell Hamline Law Review 771 (May, 2022) |
Preface. 772 I. Introduction of Self. 773 A. Where Do You Come From?. 773 1. In The Beginning. 774 2. Taking Time Away. 775 B. Why Law?. 776 C. Where Are You Going?. 778 II. Methodology & Previous Good Ideas. 778 A. Why a Narrative?. 778 B. Previous Good Ideas: Development to Current Paper. 786 1. Previous Good Ideas. 786 2. Current Good... |
2022 |
|
| 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 |
| Justin E. C. Tetrault |
INDIGENIZING PRISONS: A CANADIAN CASE STUDY |
51 Crime and Justice 187 (2022) |
Mass incarceration of Indigenous peoples is a fundamental Canadian human rights problem. One response since the 1970s has been to Indigenize prisons by teaching Indigenous culture and history, facilitating spirituality, involving Elders and communities in rehabilitation, and creating special prisons called healing lodges. Criminologist... |
2022 |
|
| Wayne D. Garnons-Williams, Dalee Sambo Dorough, Heather Exner-Pirot, Kitty Gordon |
INDIGENOUS LEADERSHIP ON CLIMATE CHANGE AND THE ARCTIC |
46 Canada-United States Law Journal 98 (2022) |
MR. STEPHEN PETRAS: Everyone, our final panel today will explore Indigenous leadership on climate change and the Arctic. Our moderator is Wayne D. Garnons-Williams, who is a practicing attorney in Canada and a true expert on Indigenous and First Nations laws. Wayne is the founding president of the Intertribal Trade Organization and chair of the... |
2022 |
|
| Leonardo Figueroa Helland |
INDIGENOUS PATHWAYS BEYOND THE "ANTHROPOCENE": BIOCULTURAL CLIMATE JUSTICE THROUGH DECOLONIZATION AND LAND REMATRIATION |
30 New York University Environmental Law Journal 347 (2022) |
I. The Spiritual Basis of Sacred Indigenous Relations to Land and Mother Earth. 350 II. To Nurture or Destroy Diversity? Indigenous Biocultures vs. Desacralizing Violences. 358 III. A Climate Crisis or a Problem of Colonialism? Defending Mother Earth at a High Cost. 372 IV. The Colonial Traps of Global Environmental Policy. 382 V. The Treacherous... |
2022 |
|
| Adam J. Sulkowski |
INDIGENOUS SHARED GOVERNANCE, INTERNATIONAL LAW, MIXED USE, AND PRESERVING RAINFOREST DURING THE COVID-19 PANDEMIC |
12 Arizona Journal of Environmental Law & Policy 127 (Spring, 2022) |
This article takes a transdisciplinary approach to examining a range of issues related to the topic of Indigenous shared governance. It examines concepts such as free prior informed consent and the role of international law in affecting local reality in the context of a specific illustrative example in South America in the Amazon biome: the... |
2022 |
|
| Addie C. Rolnick |
INDIGENOUS SUBJECTS |
131 Yale Law Journal 2652 (June, 2022) |
This Article tells the story of how race jurisprudence has become the most intractable threat to Indigenous rights--and to collective rights more broadly. It examines legal challenges to Indigenous self-determination and land rights in the U.S. territories. It is one of a handful of articles to address these cases and the only one to do so through... |
2022 |
|
| 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 |
| |
INTRODUCTION |
135 Harvard Law Review 1524 (April, 2022) |
The months leading up to the 2021 United Nations Climate Change Conference (COP26) in Glasgow put the climate crisis in stark relief. Heatwaves blanketed the American Northwest, shattering temperature records as mortality rates surged. Wildfires raged across Greece, destroying over 120,000 acres of pine forests. Unexpected monsoons and dry spells... |
2022 |
|
| 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 |
| Genesis M. Agosto |
INVOLUNTARY STERILIZATION OF NATIVE AMERICAN WOMEN IN THE UNITED STATES: A LEGAL APPROACH |
100 Nebraska Law Review 995 (2022) |
C1-2TABLE OF CONTENTS I. Introduction. 995 II. Why Native Sterilization Matters. 997 A. Significance. 997 B. Contribution to Scholarship. 1001 III. Legal Context of Native Sterilization. 1002 A. Origins of Eugenic Laws in the United States. 1002 B. Infamous Eugenic Cases. 1003 C. Passage of Laws that Allowed Native Sterilizations. 1007 IV. The... |
2022 |
|
| 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 |
| Sharon Thompson, Attorney, Circling Eagle Law |
IT IS MORE THAN JUST A CALCULATION: REFRAMING CHILD SUPPORT IN INDIAN COUNTRY |
97 North Dakota Law Review 297 (2022) |
I'm going to start off with a funny story. I was approached, I think it was a few months ago, by the editor board saying we'd like you to be part of the symposium, we're talking about Indian law this year, would you participate? I say sure, tell me a little bit more. They say it's going to be a panel that you'll be a part of, and it'll be about... |
2022 |
|
| Dallin J. Prisbrey |
JODIK: A CREATIVE PROPOSAL FOR SEEKING JUSTICE THROUGH NEEN KIO (WAKE ISLAND) |
23 Asian-Pacific Law and Policy Journal 54 (5/17/2022) |
I. Kadkad In (Introduction). 55 II. Naan ko Rmool im Jimwe (The Facts). 61 A. Jinoin La in (The Beginning of this World). 61 B. E Waok Ri-Plle (Foreigners Appear). 65 C. E Jutak Beak an Ri-Jmane (The German Flag is Raised). 66 D. A Brief American Interjection. 72 1. Buford Incident. 74 E. Nany Gunt: The South Seas Mandate. 75 1. The... |
2022 |
|
| Cynthia L. Cooper |
JUDGING JURISDICTION |
108-MAY ABA Journal 46 (April/May, 2022) |
On the Thursday in July 2020 that U.S. Supreme Court Justice Neil M. Gorsuch read the majority opinion in McGirt v. Oklahoma, Assistant U.S. Attorney Shannon Cozzoni sprang into action. In that moment, she knew what would happen next: Scores of major crime cases would be landing in her federal court district in Tulsa, requiring rapid adjustments... |
2022 |
|
| Emily N. Harwell |
JUDICIAL DISCRETION ACROSS JURISDICTIONS: MCGIRT'S EFFECTS ON INDIAN OFFENDERS IN OKLAHOMA |
107 Cornell Law Review 2095 (November, 2022) |
Introduction. 2095 I. Criminal Jurisdiction in Indian Country. 2097 II. Criminal Prosecution in Federal Courts. 2099 III. Criminal Prosecution in Oklahoma State Courts. 2100 IV. Methodology. 2102 A. Oklahoma Courts Dataset. 2103 B. Federal Courts Dataset. 2105 V. Results. 2107 A. Oklahoma Courts Results. 2109 B. Federal Courts Results. 2115... |
2022 |
|
| Rebecca Tsosie |
JUSTICE AS HEALING: NATIVE NATIONS AND RECONCILIATION |
54 Arizona State Law Journal 1 (Spring, 2022) |
I am honored to give the Canby Lecture for 2020, and I thank Patty Ferguson-Bohnee and Kate Rosier for their leadership of the Indian Legal Program and for inviting me today. I'm delighted to return, even in a virtual space, to the Sandra Day O'Connor College of Law at Arizona State University (ASU). This was my academic home for over twenty-two... |
2022 |
|
| 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 |
| Matthew L.M. Fletcher , Wenona T. Singel |
LAWYERING THE INDIAN CHILD WELFARE ACT |
120 Michigan Law Review 1755 (June, 2022) |
This Article describes how the statutory structure of child welfare laws enables lawyers and courts to exploit deep-seated stereotypes about American Indian people rooted in systemic racism to undermine the enforcement of the rights of Indian families and tribes. Even when Indian custodians and tribes are able to protect their rights in court,... |
2022 |
|
| 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 |
| Ben Gibson |
LESSONS FROM MCGIRT v. OKLAHOMA'S HABEAS AFTERMATH |
99 Denver Law Review 253 (Winter, 2022) |
In the summer of 2020, the U.S. Supreme Court handed down a decision in McGirt v. Oklahoma, concluding that Congress had never disestablished the historic boundaries of the Muscogee (Creek) Nation's reservation. In reaching this decision, the majority and dissent in McGirt sparred about the impact the Court's decision would have on the availability... |
2022 |
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| Stephen H. Greetham |
LESSONS LEARNED, LESSONS FORGOTTEN: A TRIBAL PRACTITIONER'S READING OF MCGIRT AND THOUGHTS ON THE ROAD AHEAD |
57 Tulsa Law Review 613 (Spring, 2022) |
I. Introduction. 614 II. Discussion. 621 A. What Happened: A Tribal Practitioner's Reading of McGirt. 621 i. McGirt as Court Ruling. 624 a. The Parties. 624 b. The Question and Issue. 626 c. Oklahoma's Argument and the Law Before McGirt. 630 d. The Court's Holding and Analysis. 632 ii. McGirt Through the Lens of Professor... |
2022 |
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| Alexandra B. Klass , Rebecca Wilton |
LOCAL POWER |
75 Vanderbilt Law Review 93 (January, 2022) |
This Article is about local power. We use that term in two distinct but complementary ways. First, local power describes the authority of local governments to enact regulatory policies in the interests of their citizens. Second, local power describes the authority of local governments to exercise proprietary control over the sources and delivery... |
2022 |
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| Paul Mooney |
MAKING MARIJUANA LESS ILLEGAL: CHALLENGES FOR NATIVE AMERICAN TRIBES ENTERING THE MARIJUANA MARKET |
67 South Dakota Law Review 482 (2022) |
Many Native American tribes are venturing into the marijuana industry. Tribes often have to rely on new business ventures to generate revenue for services, and marijuana shares some parallels with casino gaming. However, tribes face a bevy of issues entering the marijuana market. For example, tribes are largely prevented from interacting with... |
2022 |
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| J. Benton Heath |
MAKING SENSE OF SECURITY |
116 American Journal of International Law 289 (April, 2022) |
This Article theorizes security as a site of continuing struggle in the international system between competing approaches to identifying and responding to urgent threats. Rather than endorsing a single approach, this Article argues that a claim to security can imply any one of four approaches to law and policy, each of which has radically... |
2022 |
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| Patrick Derocher |
MANIFESTING A BETTER DESTINY: INTEREST CONVERGENCE AND THE INDIAN CLAIMS COMMISSION |
24 NYU Journal of Legislation and Public Policy 511 (2021-2022) |
As debates continue over whether the United States should consider, let alone how it might implement, a reparations plan for the descendants of enslaved people, the conversation often proceeds without recognizing that this country has already administered a similar program: The Indian Claims Commission (ICC). However, the fact that the ICC has... |
2022 |
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| 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 |
| Kelsey Henderson, Rachel Keirstead, Amanda Maze-Schultz, Suzie McKelvey, Lettie Rose, Melissa Zubizarreta |
MARRIAGE & DIVORCE |
23 Georgetown Journal of Gender and the Law 361 (Annual Review 2022) |
I. Introduction. 361 II. Same-Sex Marriage. 362 A. Background. 362 B. The Obergefell Holding. 362 C. Implementation and Enforcement Challenges Since Obergefell. 364 III. State Regulation of Marriage. 366 A. Jurisdiction and Recognition. 366 B. Rights Resulting from Formation. 369 C. Plural Marriage. 375 D. Covenant Marriage. 377 E. Status of Civil... |
2022 |
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| 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 |
| Elle Rothermich |
MIND GAMES: HOW ROBOTS CAN HELP REGULATE BRAIN-COMPUTER INTERFACES |
7 University of Pennsylvania Journal of Law & Public Affairs 391 (May, 2022) |
Introduction. 392 I. Neurons and Narratives. 395 A. Brain-Computer Interfaces. 396 1. What are they?. 396 2. How do they work?. 398 3. Limits of Available Consumer BCI Technology. 401 B. Why Regulating BCIs is Challenging. 405 1. The Pacing Problem. 405 2. The Internet of Things Requires New Approaches to Data Protection. 409 3. How the Privacy... |
2022 |
|
| 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 |
| Melanie McGruder |
MISSING AND MURDERED: FINDING A SOLUTION TO ADDRESS THE EPIDEMIC OF MISSING AND MURDERED INDIGENOUS WOMEN IN CANADA AND CLASSIFYING IT AS A "CANADIAN GENOCIDE" |
46 American Indian Law Review 115 (2022) |
Native communities across the world are facing a human rights crisis. In Canada, alarming numbers of indigenous women and girls are being murdered or have been missing for a substantial amount of time, with no justice being served. Currently, indigenous women in Canada make up 16% of homicide victims and 11% of missing women, even though they only... |
2022 |
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| Caelyn Radziunas |
MISSING THE MARK: A CRITICAL ANALYSIS OF THE RIGHTS OF NATURE AS A LEGAL FRAMEWORK FOR PROTECTING INDIGENOUS INTERESTS |
35 Tulane Environmental Law Journal 115 (Summer, 2022) |
I. Introduction. 115 II. Introduction to Indigenous Rights and Rights of Nature. 117 A. The Evolution of Indigenous Rights. 117 B. Sierra Club v. Morton. 120 C. Rights of Nature in the United States. 121 III. Case Studies: Ecuador, Bolivia, New Zealand, and India. 123 A. Ecuador. 123 B. Bolivia. 126 C. New Zealand. 128 D. India. 130 IV. Discussion.... |
2022 |
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