| Author | Title | Citation | Summary | Year | Key Terms |
| Laura Waldman |
NO SETTLED LAW ON SETTLED LAND: LEGAL STRUGGLES FOR NATIVE AMERICAN LAND AND SOVEREIGNTY RIGHTS |
26 CUNY Law Review 220 (Summer, 2023) |
I. INTRODUCTION. 221 II. THE ROOTS OF DISPOSSESSION. 223 A. Resource Greed Drives Settlers' Theft of Native American Land. 223 B. An Ineffective Treaty Codifies Partial Sovereignty. 226 C. Allotment Further Weakens Native American Control of Land. 229 III. ROLE OF THE JUDICIARY. 232 A. Cherokee Nation Has No Standing in Cherokee Nation v. Georgia.... |
2023 |
Yes |
| Ali Malik, Drake University |
NULLIUS: THE ANTHROPOLOGY OF OWNERSHIP, SOVEREIGNTY, AND THE LAW IN INDIA, KRITI KAPILA (CHICAGO: HAU PRESS, 2022) |
46 PoLAR: Political and Legal Anthropology Review 1 (November, 2023) |
In Nullius: The Anthropology of Ownership, Sovereignty, and the Law in India, Kriti Kapila subjects the concept of dispossession in India to anthropological inquiry to study the mutually constitutive relations between the social relations embedded in regimes of property ownership and practices of sovereignty-making enacted by the colonial and... |
2023 |
Yes |
| Michael D.O. Rusco |
OKLAHOMA v. CASTRO-HUERTA, JURISDICTIONAL OVERLAP, COMPETITIVE SOVEREIGN EROSION, AND THE FUNDAMENTAL FREEDOM OF NATIVE NATIONS |
106 Marquette Law Review 889 (Summer, 2023) |
Pay no attention to the man behind the curtain. --Wizard of Oz (Metro-Goldwyn-Mayer 1939) In addition to its stunning internal flaws, the United States Supreme Court's opinion in Oklahoma v. Castro-Huerta exemplifies Indian law's broader flaws as a jurisprudence. Castro-Huerta holds that states have concurrent criminal jurisdiction with federal and... |
2023 |
Yes |
| |
PUERTO RICO OVERSIGHT, MANAGEMENT, AND ECONOMIC STABILITY ACT-- SOVEREIGN IMMUNITY--ELEVENTH AMENDMENT--U.S. TERRITORIES--FINANCIAL OVERSIGHT & MANAGEMENT BOARD FOR PUERTO RICO v. CENTRO DE PERIODISMO INVESTIGATIVO, INC. |
137 Harvard Law Review 460 (November, 2023) |
Puerto Rico is in a state of crisis. The island bears a debt burden of more than seventy-two billion dollars, retains lasting damage from natural disasters whilst being subject to discriminatory restrictions on federal aid, and is vulnerable to corporate interests and exploitation. The resultant austerity measures imposed in response to the debt... |
2023 |
Yes |
| Paul Rose |
REGULATING STRATEGIC SOVEREIGN WEALTH |
48 Brigham Young University Law Review 1345 (2023) |
In an era of ascendant globalization, sovereign wealth funds were used by governments around the world--and, in particular, by governments with massive natural resource wealth or balance-of-trade surpluses--to invest widely in foreign markets. Sovereign wealth funds were products of the international economic order then in existence, adapted to a... |
2023 |
Yes |
| Julianna Smith |
RIGHTS OF NATURE AND TRIBAL SOVEREIGNTY: PROTECTING NATURAL COMMUNITIES, WILD RICE, AND SALMON IN THE UNITED STATES |
38 Maryland Journal of International Law 162 (2023) |
The transboundary nature of environmental harm has led to a vast and complex body of global environmental law. As environmental issues grow and technologies improve, countries look to each other to develop new ways to combat environmental harms and create cross-cultural environmental policies. Rights of Nature are an example of this and are largely... |
2023 |
Yes |
| Joao F. Magalhaes , Coordinating Editor, Connell Foley LLP, Newark, N.J. |
SCOTUS: TRIBAL SOVEREIGN IMMUNITY ABROGATED THROUGH THE CODE |
42-SEP American Bankruptcy Institute Journal 26 (September, 2023) |
In Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin, the U.S. Supreme Court set out to resolve a split among circuit courts of appeals as to whether Congress had abrogated the sovereign immunity of the Indian tribes through the Bankruptcy Code. The matter rose to the Court from a dispute between a wholly owned subsidiary of a... |
2023 |
Yes |
| Liam T. Sheridan |
SOLEMN VOW: SOLUM'S ORIGINALISM, TREATIES, AND TRIBAL SOVEREIGNTY IN CASTRO-HUERTA |
75 Maine Law Review 397 (June, 2023) |
Abstract Introduction I. Background A. What Is Originalism? B. Originalism and Federal Indian Law C. Historical Background: The Trail of Tears D. Legal Background: McGirt v. Oklahoma A. Majority Opinion 1. Facts 2. Constitutional Basis for State Criminal Jurisdiction 3. Federal Statutes Do Not Preempt State Jurisdiction 4. Bracker Balancing Test B.... |
2023 |
Yes |
| J. Zak Ritchie |
SOVEREIGN IMMUNITY AND THE WEST VIRGINIA CONSTITUTION |
125 West Virginia Law Review 885 (Spring, 2023) |
I. Background. 887 A. Sovereign Immunity in West Virginia and the Ratification of the 1872 State Constitution. 889 B. The Meaning of Article VI, Section 35. 890 1. The Textualist or Original Understanding Method. 890 2. The Original Meaning of Article VI, Section 35. 892 C. Application of Article VI, Section 35 before Pittsburgh Elevator. 894 1.... |
2023 |
Yes |
| Deborah L. Thorne , Luke L. Sperduto |
SOVEREIGN IMMUNITY TESTS BANKRUPTCY'S LEAST CONTESTED AXIOMS |
39 Emory Bankruptcy Developments Journal 1 (2023) |
Section 106 of the Bankruptcy Code expressly abrogates the sovereign immunity of governmental units with respect to fifty-nine other provisions of the Code. There are currently two distinct issues splitting circuit courts over the meaning of this provision. First, does section 106 waive the sovereign immunity of the Internal Revenue Service in... |
2023 |
Yes |
| Brent D. Chicken, Amanda J. Dick |
SOVEREIGN LANDS |
9 One J: Oil and Gas, Natural Resources, and Energy Journal 351 (December, 2023) |
C1-2Table of Contents I. Introduction. 351 II. Federal Regulatory Developments. 352 A. Amendments to and Issuance of Agency Rules. 352 B. Executive Action. 354 III. Judicial Developments. 355 A. Moratorium on Federal Leases. 355 B. Royalty Calculations on Tribal Lands. 356 C. Extension of Tribal Immunity. 358 D. Operator Trespass on Tribal Land.... |
2023 |
Yes |
| Jonathan Williams |
TEXT AND STRUCTURE IN HISTORICAL CONTEXT: A THEORY ABOUT THE FATE OF THE EXCLUSIVE TREATY POWER |
48 North Carolina Journal of International Law 227 (Spring, 2023) |
I. Introduction. 228 A. Congressional-Executive Agreements and the Paradox of International Agreement--Making in the 2020s. 228 B. Treaty Exclusivity Against Interchangeability: The Terms Defined and Illustrated. 229 II. Exclusivity Against Interchangeability Since the 1990s. 234 A. Tribe's Textual and Structural Challenge. 234 B. The Scarcity of... |
2023 |
Yes |
| Cameron Abatti |
THE ENEMY OF MY ENEMY IS MY FRIEND. THE RETURN OF WOLVES THROUGH FEDERAL AUTHORITY AND TRIBAL TREATY RIGHTS |
34 Colorado Environmental Law Journal 353 (Spring, 2023) |
Introduction. 354 I. Background. 360 A. The Misconceptions about Wolves. 360 1. Hunters. 360 2. Ranchers. 362 B. Nonlethal Predator Management. 364 II. Federal Authority and Management for Wildlife on Federal Lands. 366 A. Constitutional Authority. 366 1. Supremacy Clause. 366 2. Property Clause. 367 3. Commerce Clause. 368 4. Tenth Amendment.... |
2023 |
Yes |
| Robert G. Natelson |
THE FALSE DOCTRINE OF INHERENT SOVEREIGN AUTHORITY |
24 Federalist Society Review 346 (10/20/2023) |
This essay examines the hypothesis that the federal government and its departments and officials hold powers unenumerated in the Constitution because those powers are inherent in the federal government's sovereignty. This hypothesis is called the doctrine of inherent sovereign authority. It should not be confused with a similarly-named... |
2023 |
Yes |
| Chief Ben Barnes |
THE INTERSECTION OF LANGUAGE, LAW, AND SOVEREIGNTY: A SHAWNEE PERSPECTIVE |
34 Colorado Environmental Law Journal 17 (Spring, 2023) |
NOTE: what follows is a lightly-edited transcript of the keynote address held as part of the 54 Algonquian Conference, University of Colorado Boulder, October 21, 2022. Kristen Carpenter: Greetings from the American Indian Law Program here at the University of Colorado. I am pleased to have this opportunity to co-chair this conference with my... |
2023 |
Yes |
| Dylan R. Hedden-Nicely |
THE TERMS OF THEIR DEAL: REVITALIZING THE TREATY RIGHT TO LIMIT STATE JURISDICTION IN INDIAN COUNTRY |
27 Lewis & Clark Law Review 457 (2023) |
But today and to its credit, the Court holds the parties to the terms of their deal. It is the least we can do. Justice Neil Gorsuch, Washington State Department of Licensing v. Cougar Den. For over 200 years, the whole course of judicial decision in the United States has recognized that American Indian tribes possess inherent sovereignty to... |
2023 |
Yes |
| Gabrielle Jones |
THE WINDING TRAIL: A LOOK AT NON-LINEAR TEMPORALITY IN LITERARY WORKS IN RESPONSE TO THE ISSUE OF SOVEREIGNTY |
47 American Indian Law Review 195 (2022-2023) |
--Justice Gorsuch In a 2013 case in the United States District Court of the Western District of Texas, Steven John Busti alleged copyright infringement of his comic, Cowboys and Aliens, by two works: a graphic novel and a movie, both named Cowboys & Aliens. Based on titles of works alone, a reader can already glean how the court approached this... |
2023 |
Yes |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| Kristen A. Carpenter |
"ASPIRATIONS": THE UNITED STATES AND INDIGENOUS PEOPLES' HUMAN RIGHTS |
36 Harvard Human Rights Journal 41 (Spring, 2023) |
The United States has long positioned itself as a leader in global human rights. Yet, the United States lags curiously behind when it comes to the human rights of Indigenous Peoples. This recalcitrance is particularly apparent in diplomacy regarding the United Nations Declaration on the Rights of Indigenous Peoples. Adopted by the United Nations... |
2023 |
|
| Amy Reavis, Nora Wallace |
"ENTITLED TO OUR LAND": THE SETTLER COLONIAL ORIGINS OF THE UNIVERSITY OF CALIFORNIA |
14 California Law Review Online 23 (June, 2023) |
Many may recognize the land grant moniker that several dozen U.S. universities like the University of California carry, but what many do not realize is that the land granted to fund these universities was land that the federal government had recently expropriated from Native Nations through violent seizures and coercive treaties. While... |
2023 |
|
| Lori McPherson , Sarah Blazucki |
"STATISTICS ARE HUMAN BEINGS WITH THE TEARS WIPED AWAY": UTILIZING DATA TO DEVELOP STRATEGIES TO REDUCE THE NUMBER OF NATIVE AMERICANS WHO GO MISSING |
47 Seattle University Law Review 119 (Fall, 2023) |
C1-2Contents Introduction. 120 I. Data Sources/Legal Mandates for Submission. 125 A. Biographic Data. 126 B. Biometric Data. 132 II. Baseline: What We Know About Missing Indigenous Persons. 134 III. Legal Considerations in Missing Person Cases in ISndian Country. 143 A. Federalism and Limits of Federal Power. 143 B. Right to Privacy & the Right to... |
2023 |
|
| Chantelle van Wiltenburg |
"THE CENTER CANNOT HOLD": NATION AND NARRATION IN AMERICAN INDIAN LAW |
47 American Indian Law Review 127 (2022-2023) |
Then she began without bothering with onceuponatime, and whether it was all true or false he could see the fierce energy that was going into the telling, . this memory jumbled rag-bag of material was in fact the very heart of her, her self-portrait .. So that it was not possible to distinguish memories from wishes, guilty reconstructions from... |
2023 |
|
| Julia Gaffney |
"THE GOLD STANDARD OF CHILD WELFARE" UNDER ATTACK: THE INDIAN CHILD WELFARE ACT AND HAALAND v. BRACKEEN |
56 Family Law Quarterly 231 (2022-2023) |
Our country was built on the systemic erasure of Indigenous persons, their communities, and their culture. While one might consider this erasure a thing of the past--a phenomenon belonging more to colonization or the country's period of Western expansion--many of the legal, social, and political structures in the United States still operate in ways... |
2023 |
|
| Lucia Kello |
"THE PAST GOT BROKEN OFF": CLASSIFYING "INDIAN" IN THE INDIAN CHILD WELFARE ACT |
36 Journal of Civil Rights & Economic Development 361 (Winter, 2023) |
In her 1993 novel, Pigs in Heaven, Barbara Kingsolver chronicles the story of an American Indian child, Turtle, and her young, white, adoptive mother, Taylor Greer. In what has been criticized as a controversial imagined fact pattern, Kingsolver writes that while stopped in a parking lot in the middle of the night, Taylor is approached by an... |
2023 |
|
| William Y. Chin |
"WE WANT OUR LAND BACK": RETURNING LAND TO FIRST PEOPLES IN THE LAND RETURN ERA USING THE NATIVE LAND CLAIMS COMMISSION TO REVERSE CENTURIES OF LAND DISPOSSESSION |
24 Scholar: St. Mary's Law Review on Race and Social Justice 335 (2023) |
Introduction. 337 I. The First Peoples Land Inhabitance Era. 339 II. The European Land Dispossession Era. 340 III. The American Land Dispossession Era. 342 A. The United States' Continuing Reliance on the Discovery Doctrine. 342 B. The United States' History of Unjust Land Confiscations. 343 IV. The First Peoples Land Return Era. 345 A.... |
2023 |
|
| Audrey Glendenning , Martin Nie , Monte Mills |
(SOME) LAND BACK . SORT OF: THE TRANSFER OF FEDERAL PUBLIC LANDS TO INDIAN TRIBES SINCE 1970 |
63 Natural Resources Journal 200 (Summer, 2023) |
Federal public lands in the United States were carved from the territories of Native Nations and, in nearly every instance, required that the United States extinguish pre-existing aboriginal title. Following acquisition of these lands, the federal government pursued various strategies for them, including disposal to states and private parties,... |
2023 |
|
| |
2023 NINTH CIRCUIT ENVIRONMENTAL REVIEW |
53 Environmental Law 747 (Fall, 2023) |
CASE SUMMARIES. 751 I. Animals & Agriculture. 751 A. Endangered Species Act. 751 1. San Luis Obispo Coastkeeper v. Santa Maria Valley Water Conservation District, 49 F.4th 1242 (9th Cir. 2022). 751 2. Save the Bull Trout v. Williams, 51 F.4th 1101 (9th Cir. 2022). 753 B. Animal Agriculture. 756 1. Martínez-Rodríguez v. Giles, 31 F.4th 1139 (9th... |
2023 |
|
| Margaret Kelly |
A MOTHER'S DOMICILE IN THE INDIAN CHILD WELFARE ACT: IN RE ADOPTION OF B.B. |
101 Oregon Law Review 453 (2023) |
Introduction. 453 I. History and Purpose of the Indian Child Welfare Act. 455 A. The Statute. 459 B. Domicile. 461 C. Statutory Interpretation. 461 II. Background of In re Adoption of B.B. 462 III. Case Analysis. 464 A. Plain Interpretation. 464 B. Congressional Intent. 466 C. Canons of Construction. 470 D. Effect on Public Policy. 470 E. United... |
2023 |
|
| Bryce Drapeaux |
A NEW ENTRY INTO THE ANTICANON OF INDIAN LAW: OKLAHOMA v. CASTRO-HUERTA AND THE ACTUAL STATE OF THINGS |
68 South Dakota Law Review 513 (2023) |
Criminal jurisdiction in Indian country is complex and has generally been controlled by the federal government and the tribes. State involvement in this realm has traditionally been limited and subject only to congressional plenary authority in Indian affairs. But the Supreme Court in Oklahoma v. Castro-Huerta ruled that states hold concurrent... |
2023 |
|
| Danielle J. Mayberry , Carrie E. Garrow |
A PORTRAIT OF TRIBAL COURTS: TRIBAL COURT TOOLS AND LEVERS TO ENSURE PROCEDURAL FAIRNESS FOR SELF-REPRESENTED LITIGANTS |
23 Journal of Appellate Practice and Process 221 (Summer, 2023) |
There are three distinct sovereign entities in the United States: the federal government, state governments, and Indian Tribes. Each sovereign entity possesses its own distinct judicial system. Even though there are similarities among state, federal, and tribal courts, tribal courts are not United States courts. The differences between the state... |
2023 |
|
| Dominic Vendell , University of Exeter, Exeter, United Kingdom, E-mail: d.vendell@exeter.ac.uk |
A TRUE COPY? DOCUMENTS AND THE PRODUCTION OF LEGALITY IN THE BOMBAY INAM COMMISSION |
41 Law and History Review 543 (August, 2023) |
As he copied down one of many old land grants piling up in a crowded government office in colonial India, the Persian scribe Sayyid Usman may have reached for a sheet of paper that survives today in the Pune branch of the Maharashtra State Archives. In the center of the page are three circles, one of which contains the beginnings of a seal of a... |
2023 |
|
| Rebecca Tsosie |
ACCOUNTABILITY FOR THE HARMS OF INDIGENOUS BOARDING SCHOOLS: THE CHALLENGE OF "HEALING THE PERSISTING WOUNDS" OF "HISTORIC INJUSTICE" |
52 Southwestern Law Review 20 (2023) |
As the settler colonial nations that emerged from British colonization, the United States, Canada, and Australia share a dark history of forcible acculturation of Indigenous peoples. The histories of Canada and the United States, in particular, are closely linked. The two countries share an international border that separated several Indigenous... |
2023 |
|
| Vanessa Racehorse , Anna Hohag |
ACHIEVING CLIMATE JUSTICE THROUGH LAND BACK: AN OVERVIEW OF TRIBAL DISPOSSESSION, LAND RETURN EFFORTS, AND PRACTICAL MECHANISMS FOR #LANDBACK |
34 Colorado Environmental Law Journal 175 (Spring, 2023) |
C1-2Table of Contents Introduction. 176 I. History of Forcible Dispossession of Indigenous Lands. 178 A. Doctrine of Discovery, Broken Treaties, and Indian Removal. 178 B. Land Back as More than a Movement. 183 II. Correlation Between Dispossession and Climate Change. 184 A. Shifting Land Management Practices. 185 1. Historical Indigenous Practices... |
2023 |
|
| James A. Heilpern |
ACTING CABINET SECRETARIES AND THE TWENTY-FIFTH AMENDMENT |
57 University of Richmond Law Review 1169 (Spring, 2023) |
The Twenty-Fifth Amendment of the United States Constitution contains a mechanism that enables the Vice President, with the support of a majority of the Cabinet, to temporarily relieve the President of the powers and duties of the Presidency. The provision has never been invoked, but was actively discussed by multiple Cabinet Secretaries in... |
2023 |
|
| Kathryn E. Fort |
AFTER BRACKEEN: FUNDING TRIBAL SYSTEMS |
56 Family Law Quarterly 191 (2022-2023) |
The purpose of the Indian Child Welfare Act was to allow tribes to make decisions for their own families, rather than state courts and agencies. Again and again, tribal leaders stated that they knew what to do for their tribes. Lost in our current fights over ICWA in the Supreme Court is the history of tribal leaders trying to secure funding for... |
2023 |
|
| Ezra Rosser |
AFTERWORD WITH GRATITUDE |
52 Southwestern Law Review 281 (2023) |
It is a tremendous honor that Southwestern Law Review decided to publish a symposium on A Nation Within: Navajo Land and Economic Development, and I want my response to be primarily about expressing my gratitude. Law professors and the law review format are odd. People spend days reading your massive article and marking it up with suggestions and... |
2023 |
|
| A. U'ilani Tanigawa Lum |
AIA I WAI'OLI KE ALOHA 'INA: RE-CENTERING 'INA AND INDIGENOUS KNOWLEDGE FOR RESTORATIVE ENVIRONMENTAL JUSTICE |
41 UCLA Journal of Environmental Law & Policy 301 (2023) |
This Article explores Knaka Maoli's (Native Hawaiians') work to re-center principles of Indigenous biocultural resource management in decisionmaking to more fully realize restorative environmental justice. To do so, it contextualizes 'ina (land and natural resources) as Knaka Maoli's natural counterpart. Deploying a contextual inquiry framework... |
2023 |
|
| Gregory Ablavsky |
AKHIL AMAR'S UNUSABLE PAST |
121 Michigan Law Review 1119 (April, 2023) |
The Words That Made Us: America's Constitutional Conversation, 1760-1840. By Akhil Reed Amar. New York: Basic Books. 2021. Pp. xiv, 817. $40. Akhil Amar's doorstop of a constitutional history, The Words That Made Us: America's Constitutional Conversation, 1760-1840, appeared in spring 2021 to both scholarly and popular acclaim. Amar's love letter... |
2023 |
|
| Madison S. Marlow |
ALL THE WAY TO HELL: AN ARTIST'S LEGAL DESCENT INTO THE UNDERWORLD OF OIL AND GAS |
41 Cardozo Arts and Entertainment Law Journal 949 (2023) |
Introduction 950 I. Background: Oklahoma's Oil and Gas Industry 955 A. The Ad Coelum Doctrine and The Rule of Capture 955 B. Oil and Gas Regulation in Oklahoma: The Commission 958 C. Creating a Spacing Unit and Who Can Drill 959 D. Oklahoma's Forced Pooling Process 961 II. Scope, Merit, & Limitations of All The Way To Hell: A Property Law... |
2023 |
|
| Steven Isaacs |
AMERICAN GIVERS: HOW THE RENEGING OF THE FEDERAL TRUST RESPONSIBILITY IMPACTS INDIAN GAMING AND CONTINUES AMERICA'S APATHETIC OPPRESSION OF NATIVE AMERICANS |
13 UNLV Gaming Law Journal 235 (Spring, 2023) |
Initially, this paper sought to answer why wealth inequality exists between tribal casinos and reservation life. Through research into the subject, this paper now offers a comprehensive overview of the many contradictions plaguing modern Native American society, explanations of why they persist, and potential ways they can be fixed. Section II of... |
2023 |
|
| Tom C.W. Lin |
AMERICANS, BEYOND STATES AND TERRITORIES |
107 Minnesota Law Review 1183 (February, 2023) |
Location matters. Where you reside within the United States can affect the education you receive, the air you breathe, the taxes you pay, the food you eat, and many pedestrian and profound matters of daily life. Despite these differences and disparities based on location, one would think that where you reside or choose to relocate within the United... |
2023 |
|
| Karrigan Börk , Sonya Ziaja |
AMORAL WATER MARKETS? |
111 Georgetown Law Journal 1335 (June, 2023) |
Severe water scarcity in the western United States is prompting legitimate questions about the best way to decide which places, people, industries, and species need it most. Water markets, which allow for trading water like a commodity, are perennial proposals during times of scarcity. Water markets have an innate allure: promising to efficiently... |
2023 |
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| Affie B. Ellis |
AN "ENDURING PLACE" |
46-OCT Wyoming Lawyer 20 (October, 2023) |
On June 15, 2023, the U.S. Supreme Court handed down a significant victory to supporters of tribal sovereignty and the Indian Child Welfare Act (ICWA) in Haaland v. Brackeen. Congress enacted ICWA in 1978 to stop the forced assimilation of Native American children by putting in place several important safeguards that apply to adoption and foster... |
2023 |
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