| Author | Title | Citation | Summary | Year | Key Terms |
| Jasmine McNealy |
AN ECOLOGICAL APPROACH TO DATA GOVERNANCE |
37 Notre Dame Journal of Law, Ethics & Public Policy Online Supplement 523 (2023) |
The products of algorithmic and decision systems unleashed in the wild-put to use by governments, corporations, and civil society organizations-- significantly impact how life happens and society functions. Recently, a Facebook whistleblower detailed how the inability to recognize these significant impacts, and the failure of federal lawmakers to... |
2023 |
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| Adam Crepelle |
AN INTERTRIBAL BUSINESS COURT |
60 American Business Law Journal 61 (Spring, 2023) |
Few Indian reservations have any semblance of a private sector. Consequently, poverty and unemployment are major problems in much of Indian country. While there are many reasons why private enterprise is scarce in Indian country, one of the foremost reasons is businesses do not trust tribal courts. Businesses' distrust of tribal courts is not... |
2023 |
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| Todd R. Matha |
AN UNEXPECTED CHALLENGE: THE CONSEQUENCE OF A LIMITED TRIBAL APPELLATE CASELOAD |
23 Journal of Appellate Practice and Process 1 (Winter, 2023) |
An appellate court's decisions should derive from careful deliberation, involving an acute dissection of legal issues, an exhaustive performance of relevant research, and an integration--exacting in detail--of these two undertakings. This unexceptional proposition holds greater significance for recently emerging tribal judiciaries. These appellate... |
2023 |
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ANALYZING THE CONSEQUENCES OF SACKETT v. EPA |
53 Environmental Law Reporter (ELI) 10693 (September, 2023) |
The U.S. Supreme Court's May ruling in Sackett v. Environmental Protection Agency sharply limited the scope of the federal Clean Water Act's (CWA's) protection for the nation's waters. The Court redefined the Act's coverage of waters of the United States (WOTUS), effectively removing protection from many wetlands that have been covered under the... |
2023 |
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| Jeremiah Chin |
ANTIMATTERS: THE CURIOUS CASE OF CONFEDERATE MONUMENTS |
103 Boston University Law Review 311 (February, 2023) |
Confederate monuments sit at a crossroads of speech frameworks as contested government speech, as concrete edifices of hate speech, and as key protest sites. The interplay of state law and speech doctrines in states like Alabama and Florida has cemented monuments as physical representations of government speech that municipal governments cannot... |
2023 |
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| Amanda Shanor, Sarah E. Light |
ANTI-WOKE CAPITALISM, THE FIRST AMENDMENT, AND THE DECLINE OF LIBERTARIANISM |
118 Northwestern University Law Review 347 (2023) |
Abstract--Firms across the globe, including financial institutions like banks, asset managers, and pension fund managers, are adopting strategies to account for the risks they face from climate change. These strategies include declining to invest in certain emissions-intensive projects or advising firms in their portfolios to report or reduce... |
2023 |
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| Victoria Sutton |
APPELLATE COURTS: STOP ACCEPTING AN "ABSURD" FIRST AMENDMENT ANALYSIS FOR NATIVE NATIONS' SACRED SITE DESTRUCTION |
23 Journal of Appellate Practice and Process 193 (Winter, 2023) |
I do not use the term absurd in this title lightly. Judge Marsha Berzon used it in a dissenting opinion to describe the impractical result that comes from repeating the same First Amendment analysis for sovereign Native Nations that consistently fails to protect their sacred sites. U.S. courts fail to recognize that Native Nations are legally... |
2023 |
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| Jason N. Summerfield |
ARIZONA v. NAVAJO NATION (2023): LEGAL REALISM AND THE COLORADO RIVER |
14 Houston Law Review Online 1 (Fall, 2023) |
I. INTRODUCTION. 2 II. THE NAVAJO NATION AND ITS WATER NEEDS. 4 A. Description of the Land - Where is the Navajo Nation?. 4 B. The Population Needs - How many people live in the Navajo Nation?. 5 C. Access to Water - How much clean water reaches the population?. 6 D. Navajo Nation Infrastructure Development. 7 E. Summary. 8 III.THE COLORADO RIVER.... |
2023 |
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| Angela R. Riley |
BEFORE MINE!: INDIGENOUS PROPERTY RIGHTS FOR JAGENAGENON: MINE!: HOW THE HIDDEN RULES OF OWNERSHIP CONTROL OUR LIVES. BY MICHAEL HELLER AND JAMES SALZMAN. NEW YORK, N.Y.: DOUBLEDAY. 2021. PP. 322. $17.00 |
136 Harvard Law Review 2074 (June, 2023) |
Many of our most basic rights and fundamental freedoms-- securing bodily autonomy, patenting inventions, maintaining authority over who (and what) can live inside our homes--are shaped by property law. In a new book by Professors Michael Heller and James Salzman, Mine!: How the Hidden Rules of Ownership Control Our Lives, the authors set out to... |
2023 |
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| Deanna Salem |
BIRTHRIGHT CITIZENSHIP AND THE PLIGHT OF AMERICAN SAMOA |
56 UIC Law Review 783 (Winter 2023) |
I. Introduction. 783 II. Background. 784 A. The Union between the United States of America and American Samoa (1900-1904). 785 B. The Insular Cases (1900-1922). 786 1. The Territorial Incorporation Doctrine Applied. 788 2. Reid v. Covert and the Impractical and Anomalous Standard (1957). 789 C. American Samoa: The Only U.S. Territory without... |
2023 |
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| Ashleigh Lussenden |
BLOOD QUANTUM AND THE EVER-TIGHTENING CHOKEHOLD ON TRIBAL CITIZENSHIP: THE REPRODUCTIVE JUSTICE IMPLICATIONS OF BLOOD QUANTUM REQUIREMENTS |
111 California Law Review 287 (February, 2023) |
Blood often serves as the basis for identity for many groups in the United States. Native Americans, however, are the only population in which blood is a requirement for collective belonging and can be the determining factor for whether one receives tribal benefits and services. Many Tribal Nations use blood quantum, the percentage of Indian blood... |
2023 |
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| Marcia Zug |
BRACKEEN AND THE "DOMESTIC SUPPLY OF INFANTS" |
56 Family Law Quarterly 175 (2022-2023) |
In November 2022, the Supreme Court heard oral arguments in Brackeen v. Haaland. The case concerns the constitutionality of the Indian Child Welfare Act (ICWA), a statute enacted in 1978 to help keep Indian children connected to their families and culture. Most Indian child and family advocates consider ICWA a success. The Act is routinely referred... |
2023 |
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| Sam J. Carter , Robin M. Rotman |
BURNING QUESTIONS: CHANGING LEGAL NARRATIVES ON CANNABIS IN INDIAN COUNTRY |
74 Mercer Law Review 993 (Spring, 2023) |
In the not-so-distant past, thoughts of Cannabis legalization in the United States were radical. In the present day, the narratives around Cannabis are changing. The term present day affixes this Article to early 2023, a snapshot in time. To understand the current legal narratives surrounding Cannabis, and what they might become in the future, it... |
2023 |
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| J. David Beck |
CAST ALL YOUR CARES UPON THE COURT: THE NEED FOR A MORE INCLUSIVE "SUBSTANTIAL BURDEN" |
69 Loyola Law Review 539 (Spring, 2023) |
INTRODUCTION. 540 I. BACKGROUND: WHAT'S THE BIG DEAL ABOUT RELIGION?. 544 A. Free Exercise Jurisprudence: A Brief Look. 547 B. Smith versus The Religious Freedom Restoration Act: The Current Free Exercise Analysis. 549 II. MAINSTREAM V. MINORITY: THE OPPRESSOR AND THEIR LANGUAGE PLOW ONWARD. 551 A. Christian Claimants and the Hobby Lobby Movement.... |
2023 |
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| Slam Dunkley |
CENTERING MNI WACONI IN WATER LAW: THE NATURE OF THE PONCA TRIBE OF OKLAHOMA'S WATER RIGHTS AND POTENTIAL METHODS TO ASCERTAIN THEM |
13 Arizona Journal of Environmental Law & Policy 24 (Summer, 2023) |
Water is not a natural resource. Water is a source of life that every being on this planet has an inalienable right to. For that reason, we say Mni Waconi which means Water is Life. The law of the United States, however, ignores this fact and attempts to create a means of dominion over a source of life that is sacred and gifted with the... |
2023 |
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| Catherine Y. Kim |
CITIZENSHIP OUTSIDE THE COURTS |
57 U.C. Davis Law Review 253 (November, 2023) |
The notion of citizenship lies at the core of our constitutional structure, determining possession of fundamental rights ranging from the rights to vote and hold public office to the right to enter and remain in the United States at all. Indeed, the entire constitutional project of self-governance rests on the premise of a defined group of We the... |
2023 |
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| Jason Buhi |
CITIZENSHIP, ASSIMILATION, AND THE INSULAR CASES: REVERSING THE TIDE OF CULTURAL PROTECTIONISM AT AMERICAN SAMOA |
53 Seton Hall Law Review 779 (2023) |
Notwithstanding the gravity of American sovereignty, the people of American Samoa have maintained a distinctive way of life: the fa'a Samoa. This resiliency reflects that American Samoa is in many ways the most unique of the five U.S. territories, including the fact that its residents are the only Americans who do not automatically attain... |
2023 |
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| Amy McMeeking |
CITIZENSHIP, SELF-DETERMINATION, AND CULTURAL PRESERVATION IN AMERICAN SAMOA |
70 UCLA Law Review 840 (September, 2023) |
Recent litigation about the Citizenship Clause's applicability in American Samoa exposes tensions between competing goals of inclusion, self-determination, and cultural preservation. The noncitizen national category and the Insular Cases are both legacies of a long tradition of racial exclusion in the United States, but their current significance... |
2023 |
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| Michelle David |
CLEAN UP YOUR ACT: THE U.S. GOVERNMENT'S CERCLA LIABILITY FOR URANIUM MINES ON THE NAVAJO NATION |
90 University of Chicago Law Review 1771 (October, 2023) |
This Comment delves into the Cold War legacy of uranium mines on the Navajo Nation. Today, unremediated hazardous waste from more than five hundred deserted mines has continued to poison the health and lands of the Navajo. This Comment argues that the federal government is ultimately liable for the remediation of these mines under the Comprehensive... |
2023 |
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| Geoff Strommer |
CLIMATE CHANGE IS FORCING INDIGENOUS COMMUNITIES TO RELOCATE WITH LITTLE ASSISTANCE FROM THE FEDERAL GOVERNMENT--BUT CONGRESS CAN MAKE IT EASIER? |
70-SPG Federal Lawyer 17 (Spring, 2023) |
As climate change becomes more and more of a reality for our planet, some of the most impacted communities are America's indigenous people. Tribal Nations (including Alaska Native villages) throughout the United States are experiencing climate threats such as flooding, erosion, permafrost degradation, ocean acidification, increased wildfires,... |
2023 |
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| Jeremy Rabkin |
COMMERCE WITH THE INDIAN TRIBES: ORIGINAL MEANINGS, CURRENT IMPLICATIONS |
56 Indiana Law Review 279 (2023) |
The Supreme Court's 2022 ruling in Oklahoma v. Castro-Huerta defied much current precedent and practice, as four dissenters protested. But neither side grappled with the Constitution's original meaning. Both text and early practice confirm that the federal power to regulate commerce with the Indian tribes was a different, more constrained power... |
2023 |
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| Torey Dolan |
CONGRESS' POWER TO AFFIRM INDIAN CITIZENSHIP THROUGH LEGISLATION PROTECTING NATIVE AMERICAN VOTING RIGHTS |
59 Idaho Law Review 47 (2023) |
American Indians' path to citizenship and the franchise has not been straightforward nor simple. The legacy of this complicated path bears out today in the myriad of ways that Native Americans lack equitable access to voting in state and federal elections and otherwise face barriers to participating in the body politic that non-Indians do not.... |
2023 |
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| Shannon M. Roesler |
CONSTITUTIONAL RESILIENCE |
80 Washington and Lee Law Review 1523 (Fall, 2023) |
Since the New Deal era, our system of constitutional governance has relied on expansive federal authority to regulate economic and social problems of national scale. Throughout the twentieth century, Congress passed ambitious federal statutes designed to address these problems. In doing so, it often enlisted states as regulatory partners--creating... |
2023 |
|
| Monica Shaffer |
CONSTITUTIONALITY OF REPARATIONS FOR NATIVE AMERICANS: CONFRONTING THE BOARDING SCHOOLS |
49 Mitchell Hamline Law Review 403 (April, 2023) |
I. Introduction. 404 II. Government Mistreatment of Native Americans: Boarding Schools. 405 A. Historical Context of the Boarding Schools. 405 B. The Boarding School Experience. 406 C. Historical Trauma and Direct Impact. 410 D. Ripple Effects. 412 III. About Reparations and Native Americans. 414 A. General Review. 414 B. Types of Reparations:... |
2023 |
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| Thomas G. Hamilton |
COOLEY'S HIDDEN RAMIFICATIONS: HAS THE SUPREME COURT EXTENDED THE TERRY DOCTRINE FOR AUTOMOBILE SEARCHES TO THE POINT OF ELIMINATING PROBABLE CAUSE? |
47 American Indian Law Review 101 (2022-2023) |
Nothing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence. Protection against unreasonable searches and seizures dates back to the founding of our nation, when the framers amended the Constitution to add individual rights for citizens. Adding to this history,... |
2023 |
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| Erin Shields |
COUNTERING EPISTEMIC INJUSTICE IN THE LAW: CENTERING AN INDIGENOUS RELATIONSHIP TO LAND |
70 UCLA Law Review 206 (June, 2023) |
This paper argues that Indigenous peoples in the United States and Canada are subject to epistemic injustice in the law, particularly with regard to many Indigenous groups' worldviews and relationship to land. Many Indigenous cultures share a sacred connection to the traditional homelands they lived on and with, sometimes for thousands of years... |
2023 |
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| Ali Murat Gali |
CRAWLING OUT OF FEAR AND THE RUINS OF AN EMPIRE: QUEER, BLACK, AND NATIVE INTIMACIES, LAWS OF CREATION AND FUTURES OF CARE |
34 Yale Journal of Law & Feminism 176 (2023) |
L1-2Table of Contents Introduction. 177 Part I. Relational Possibilities Under the Siege of Equality: Privatized Romances of Sensuality and the Family. 184 A. Lawrence v. Texas and Domesticated Sensualities. 187 B. Obergefell v. Hodges and Fantasizing Privatized Marriage. 193 Part II. Privatized Subjects in Lifeless Streets: Ethical Ramifications... |
2023 |
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| Julie Novkov |
DEATH DROP: THE ROBERTS COURT, LEGITIMACY, AND THE FUTURE OF DEMOCRACY IN THE UNITED STATES |
83 Maryland Law Review 77 (2023) |
Left critics of the Roberts Court have objected to the Court's decisions, but also to its efforts to transform the Constitution and constitutional interpretation, upending longstanding organizations of political power and the structure and scope of rights. These critics have questioned the Court's legitimacy, noting the unpopularity of some of... |
2023 |
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| Bailey B. Lazzari |
DECADES OF DISCORD |
46-OCT Wyoming Lawyer 42 (October, 2023) |
The United States Supreme Court held in Herrera v. Wyoming, a case involving the criminal prosecution of a member of the Crow Tribe (Apsaalooke) for hunting elk in the Big Horn National Forest, that the creation of Wyoming's statehood did not automatically extinguish the treaty rights once promised to the Crow long ago. Although remanded back to... |
2023 |
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| Jonah Charles Ullendorff |
DISAGREEMENT AS DEPARTMENTALISM OR JUDICIAL SUPREMACY IN STARE DECISIS |
98 New York University Law Review 1754 (November, 2023) |
The role of stare decisis in constitutional law is a ubiquitous one. It shows up almost everywhere, leaving controversy and chaos in its wake. Yet despite the prominence of stare decisis, its jurisprudence remains perpetually unsettled. The Supreme Court identifies several factors that affect the strength of prior precedent. However, these factors... |
2023 |
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| Abbey Koenning-Rutherford |
DISHONORING THE EARTH: ECOCIDE AS PROSECUTABLE GENOCIDE AGAINST INDIGENOUS PEOPLE |
111 Georgetown Law Journal 1495 (June, 2023) |
C1-2Table of Contents Introduction. 1496 I. Frameworks: International Legal, Economic, Indigenous. 1499 a. international legal. 1499 b. economic. 1501 c. indigenous. 1502 II. The Genocidal Impact of Ecocide: A Prosecutable Crime?. 1503 a. what is ecocide?. 1504 b. what is genocide?. 1505 c. ecocide as prosecutable genocide in the international... |
2023 |
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| Adam Crepelle , Thomas Stratmann |
DOES EXPANDING TRIBAL JURISDICTION IMPROVE TRIBAL ECONOMIES: LESSONS FROM ARIZONA |
55 Arizona State Law Journal 211 (Spring, 2023) |
In 2013, Congress reaffirmed tribes' inherent authority to prosecute all persons who commit dating violence, domestic violence, or violate a protective order against Indian women on tribal land in the Violence Against Women Reauthorization Act (VAWA). Congress required tribes to comply with strict procedural safeguards to implement VAWA. Although... |
2023 |
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| Sapir Sela |
DOUBLE JEOPARDY - INDIANS - COURTS: WHETHER SUCCESSIVE PROSECUTIONS ARISING FROM A SINGLE ACT ARE BARRED BY THE CONSTITUTION'S DOUBLE JEOPARDY CLAUSE |
98 North Dakota Law Review 301 (2023) |
In Denezpi v. United States, the United States Supreme Court interpreted the Double Jeopardy Clause as it applied to the question of whether successive prosecutions can arise from a single act. The Court held that the Double Jeopardy Clause of the Fifth Amendment does not prevent successive prosecutions of different offenses that stemmed from a... |
2023 |
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| Tracy Hester |
ECOWORSHIP AND FEDERAL ENVIRONMENTAL LAW |
48 Columbia Journal of Environmental Law 1 (2023) |
As the growing land stewardship movement has joined with rising evangelical environmentalism, religious worship has intersected with ecological protection to spark the rise of a new variety of ecoworship. Given the U.S. Supreme Court's recent willingness to expand constitutional protections for religious exercise and trim bulwarks against... |
2023 |
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| Barry E. Hill |
ENVIRONMENTAL JUSTICE AND THE TRANSITION FROM FOSSIL FUELS TO RENEWABLE ENERGY |
53 Environmental Law Reporter (ELI) 10317 (April, 2023) |
This Article explores the environmental justice, climate justice, and sustainable development implications of the recently enacted Inflation Reduction Act, which encourages domestically produced and processed minerals for the country's energy transition from fossil fuels. It examines (1) the resulting need for a resurgence of mining in Indian... |
2023 |
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| Neoshia R. Roemer |
EQUAL PROTECTION FOR THE BENEFICIARIES (PARENTS) OF COLONIALISM |
71 University of Kansas Law Review 595 (May, 2023) |
Parents' rights are in flux right now. As loud as some critics are about the strengthening of parents' rights and protections, it seems that those protections are largely meant to serve the beneficiaries of colonialism. Haaland v. Brackeen provides a prime example of these times as beneficiaries of colonialism challenge the Indian Child Welfare Act... |
2023 |
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| Lisa Benjamin |
EVS AS EJ? |
47 Harvard Environmental Law Review 347 (2023) |
Electric vehicles (EVs) are everywhere. And they are cool--consumers love them. Federal agencies, such as EPA and NHTSA, promulgated rules which will usher in an EV revolution. But EVs have justice implications--both positive and negative. The transition to EVs will have significant climate and environmental justice benefits for some communities... |
2023 |
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| Alice Ristroph |
EXCEPTIONALISM EVERYWHERE: A (LEGAL) FIELD GUIDE TO STRUCTURAL INEQUALITY |
65 Arizona Law Review 921 (Winter 2023) |
In the first two decades of the twenty-first century, American legal scholars have discovered exceptionalism everywhere: family law exceptionalism, tax law exceptionalism, bankruptcy exceptionalism, immigration exceptionalism, criminal law exceptionalism, and more. For several of these fields, the charge is that the field is not operating in... |
2023 |
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| Wendy Heipt |
FACTORY AQUACULTURE vs. THE RIGHT TO FOOD: THE FIRST CONFLICT ON AMERICAN SHORES |
38 Journal of Environmental Law & Litigation 171 (2023) |
I. Introduction. 171 A. The Right to Food. 172 B. The Right to Food in the United States. 174 C. A History of Fishing in Maine. 175 D. Advocacy and Adoption of the RtF in Maine. 177 II. Aquaculture in Maine. 180 A. CAFOs and the RtF. 181 B. CAAPs and the RtF. 186 C. CAAPs in Maine: Challenges Before and After Enactment of the RtF. 188 D. The Future... |
2023 |
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| Aaron J. Walayat |
FEDERAL COURTS AND THE CIVILIZING MISSION |
23 Journal of Law in Society 117 (Winter 2023) |
C1-2CONTENTS Abstract. 117 A) The Hanging Judge. 120 B) The Legislative Judges. 122 C) The Executive Judges. 125 D) Conclusion. 129 |
2023 |
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| Adam Crepelle |
FEDERAL POLICIES TRAP TRIBES IN POVERTY |
48 Human Rights 8 (2023) |
Poverty and its related maladies are a scourge upon Indian Country. Many people believe this poverty stems from Indigenous cultures' inability to adapt to Western economic models. This notion arises from the belief that North America's Indigenous inhabitants were noncommercial prior to European arrival, but this is false. Commerce with distant and... |
2023 |
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| Jane Jacoby |
FIGHTING FIRE WITH FIRE: HOW NEPA'S EMPHASIS ON RISK PREVENTS PRESCRIBED BURNS AND INTENSIFIES WILDFIRE |
52 Urban Lawyer 146 (June, 2023) |
Climate change is reshaping America's relationship with wildfire. As fires become more dangerous, prescribed burning is a vital tool to protect vulnerable communities and ecosystems. Native Americans used fire to manage forests for millennia, and intentional fire remains routine in forests in the Southeastern United States. Yet the white settlers... |
2023 |
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| Tom W. Bell |
FINTECH REGULATION IN THE CATAWBA DIGITAL ECONOMIC ZONE |
26 Chapman Law Review 477 (Spring, 2023) |
The Catawba Digital Economic Zone (CDEZ) achieved a number of firsts when it launched in late 2022: the world's first entirely virtual special jurisdiction devoted to financial services using technologies like blockchains, cryptocurrencies, digital assets, and artificial intelligence (fintech); the first time that a Native American tribe has... |
2023 |
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| Matthew McKinney, Jay Weiner, Daryl Vigil |
FIRST IN TIME: THE PLACE OF TRIBES IN GOVERNING THE COLORADO RIVER SYSTEM |
63 Natural Resources Journal 153 (Summer, 2023) |
Native Americans are the first inhabitants of the Colorado River Basin and have relied on its water and other resources since time immemorial. However, tribes were not involved in the shaping the Colorado River Compact and its governing institutions, and they have faced uphill battles to secure, protect, and develop their water rights--including... |
2023 |
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| Eloise Melcher |
FIVE TIMES MORE LIKELY: HAALAND v. BRACKEEN AND WHAT IT COULD MEAN FOR MAINE TRIBES |
75 Maine Law Review 369 (June, 2023) |
Abstract Introduction I. Background A. Maine's Tribal History B. Child Welfare Crisis C. The Indian Child Welfare Act D. Implementation of the Indian Child Welfare Act in Maine E. Prior Supreme Court Challenges to ICWA II. Haaland v. Brackeen A. Facts and Procedural Background B. The Fifth Circuit Decision 1. The Court's Analysis 2. Equal... |
2023 |
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| Lloyd L. Lee |
FOREWORD |
52 Southwestern Law Review 191 (2023) |
The Navajo Nation has over 400,000 enrolled citizens and a land base of 27,413 square miles. The Diné people refer to the land base of the Navajo Nation as nihikéyah, meaning the land the people live and walk upon, called home. Thousands of narratives on the histories and challenges facing the Diné people and their relationship with nihikéyah are... |
2023 |
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| Maggie Blackhawk |
FOREWORD: THE CONSTITUTION OF AMERICAN COLONIALISM |
137 Harvard Law Review 1 (November, 2023) |
C1-2CONTENTS Introduction. 2 I. The Constitution of American Colonialism. 22 A. Constituting American Colonialism. 26 1. Colonization Within the Founding Borders. 28 2. Colonization Beyond the Founding Borders. 33 3. Colonization of Noncontiguous Territory. 43 B. The Rise of the Plenary Power Doctrine. 53 1. Plenary Power as Doctrine. 55 2.... |
2023 |
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| Samantha Blount |
FRACKED REGULATION: HOW REGULATORY EXEMPTIONS FOR FRACKING HARM TRIBAL WATERS |
38 Journal of Environmental Law & Litigation 255 (2023) |
Introduction. 255 I. Environmental and Human Health Effects of Oil and Natural Gas Production and the Gap in Monitoring and Reporting. 259 II. Current Water Pollution Issues on the Wind River Reservation and the Fort Berthold Reservation. 263 A. Wind River Reservation. 263 B. Fort Berthold Reservation. 266 III. Legal Framework of Produced Water... |
2023 |
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| Paige Bellamy |
FREE, PRIOR INFORMED CONSENT AND EXTRACTIVE INDUSTRY: INDIGENOUS ACTION IS THE PAST, PRESENT, AND FUTURE OF GLOBAL ENVIRONMENTAL JUSTICE |
13 Barry University Environmental and Earth Law Journal 105 (Summer, 2023) |
The fight for control of land and what lies within the earth has shaped, and continues to shape, much of human history. As Australian historian Patrick Wolfe stated: Land is life--or, at least, land is necessary for life. Thus, contests for land can be--indeed, often are--contests for life. Often at the center of these conflicts, Indigenous... |
2023 |
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| Claire Lisker |
GEOGRAPHIC AND LINGUISTIC BELONGING: A PREREQUISITE FOR FULL CONSTITUTIONAL RIGHTS |
39 Chicana/o-Latina/o Law Review 183 (2023) |
C1-2Table of Contents Introduction. 184 I. Geographic Belonging. 190 A. The Ethno-Racialized Conception of U.S. Territorial Sovereignty - A Brief History. 190 B. Modern Territorial Sovereignty: Patrolling the Border. 192 II. Linguistic Belonging. 198 A. Jury Exclusions. 199 B. English-Only Rules and Inadequate Title VII and Title VI... |
2023 |
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