| Author | Title | Citation | Summary | Year | Key Terms |
| Bethany R. Berger , Chloe Scherpa |
MOHEGAN WOMEN, THE MOHEGAN CHURCH, AND THE LASTING OF THE MOHEGAN NATION |
27 Roger Williams University Law Review 211 (Spring, 2022) |
Remember to take the best of what the white man has to offer . and use it to still be Indian.--Gladys Tantaquidgeon On a hill at the end of Church Lane in rural Uncasville, Connecticut, stands a lovely but unimposing church. With its white wooden façade and high slender steeple, the Mohegan Congregational Church resembles many others scattered... |
2022 |
|
| Amy Oltmanns |
MONEY, MONEY, MONEY: REVENUE IS FUNNY IN A MCGIRT WORLD |
74 Oklahoma Law Review 825 (Summer, 2022) |
Taxation is a vital instrument of government that provides funds for public services. In general, tax is simple: the federal government taxes all American citizens through the Internal Revenue Code, states tax persons within their boundaries, and Indian tribes do the same. Where there is overlap, the simplicity of the general principle... |
2022 |
|
| Matthew L.M. Fletcher |
MUSKRAT TEXTUALISM |
116 Northwestern University Law Review 963 (2022) |
Abstract--The Supreme Court decision McGirt v. Oklahoma, confirming the boundaries of the Creek Reservation in Oklahoma, was a truly rare case in which the Court turned back arguments by federal and state governments in favor of American Indian and tribal interests. For more than a century, Oklahomans had assumed that the reservation had been... |
2022 |
|
| James M. Grijalva |
NEW FEDERAL INITIATIVES FOR INDIAN COUNTRY ENVIRONMENTAL MANAGEMENT |
97 North Dakota Law Review 343 (2022) |
I. INTRODUCTION. 343 II. THE FOUNDATION OF THE EPA'S INDIAN PROGRAM. 344 III. INDIAN COUNTRY WATER QUALITY PROTECTION. 346 IV. FEDERAL WQS FOR INDIAN COUNTRY. 347 V. DEFINING TRIBAL USES AND SETTING PROTECTIVE CRITERIA. 349 VI. PROTECTING TRIBAL WATER QUALITY INTERESTS OUTSIDE INDIAN RESERVATIONS. 351 VII. CONCLUSION. 352 |
2022 |
|
| Danielle Clifford |
NINTH CIRCUIT MUDDIES THE WATERS OF TRIBAL SOVEREIGN IMMUNITY AND THE CLEAN WATER ACT IN DESCHUTES RIVER ALLIANCE v. PORTLAND GE |
12 Washington Journal of Social & Environmental Justice 45 (May, 2022) |
Throughout 2011 and 2012, members of the Deschutes River community who fish in the Lower Deschutes River in Oregon noticed a slew of significant changes to their natural environment. The Deschutes River Alliance attributed the changes to the operation of the Pelton Round Butte Hydraulic Project, which is co-owned and operated by Portland General... |
2022 |
Yes |
| Ann E. Tweedy |
OFF-RESERVATION TREATY HUNTING RIGHTS, THE RESTATEMENT, AND THE STEVENS TREATIES |
97 Washington Law Review 835 (October, 2022) |
Abstract: The underdevelopment of the law of off-reservation treaty hunting and gathering poses challenges for treatises like the groundbreaking Restatement of the Law of American Indians (Restatement). With particular attention to sections 83 and 6 of the Restatement, this Article explores those challenges and offers some solutions for dealing... |
2022 |
Yes |
| Brandon Hasbrouck |
ON LENITY: WHAT JUSTICE GORSUCH DIDN'T SAY |
108 Virginia Law Review 1289 (September, 2022) |
Facially neutral doctrines create racially disparate outcomes. Increasingly, legal academia and mainstream commentators recognize that this is by design. The rise of this colorblind racism in Supreme Court jurisprudence parallels the rise of the War on Drugs as a political response to the Civil Rights Movement. But, to date, no member of the... |
2022 |
|
| Brandon Hasbrouck |
ON LENITY: WHAT JUSTICE GORSUCH DIDN'T SAY |
108 Virginia Law Review Online 239 (August, 2022) |
Facially neutral doctrines create racially disparate outcomes. Increasingly, legal academia and mainstream commentators recognize that this is by design. The rise of this colorblind racism in Supreme Court jurisprudence parallels the rise of the War on Drugs as a political response to the Civil Rights Movement. But, to date, no member of the... |
2022 |
|
| Robert Alan Hershey |
ORAL HISTORY ON TRIAL |
58-AUG Arizona Attorney 48 (July/August, 2022) |
Oral traditions are deeply important, if not sacred, to Indigenous Peoples because they document not only the living memory of their Aboriginal history and occupancy of land, but also their treatment, especially in regard to the identification of the when and where of the unconsented or coerced taking of their lands. John Borrows, the Canada... |
2022 |
Yes |
| Annie R. Matthews |
PABLO v. AK-CHIN INDIAN COMMUNITY: A PATH FOR TRIBAL COURTS TO PROTECT INDIGENOUS SOVEREIGNTY AND SAME-SEX MARRIAGE |
31 Tulane Journal of Law & Sexuality 179 (2022) |
I. Overview. 179 II. Background. 182 III. Court's Decision. 185 IV. Analysis. 192 |
2022 |
Yes |
| Jiang Zhifeng |
PACTA SUNT SERVANDA AND EMPIRE: A CRITICAL EXAMINATION OF THE EVOLUTION, INVOCATION, AND APPLICATION OF AN INTERNATIONAL LAW AXIOM |
43 Michigan Journal of International Law 745 (2022) |
In public international law, pacta sunt servanda is the foundational principle that international agreements are binding on treaty parties and must be kept. Insufficient attention, however, has been given to the role played by this international law axiom in organizing and shaping the international legal order. Accordingly, this note undertakes a... |
2022 |
Yes |
| Matthew L.M. Fletcher |
PANDEMICS IN INDIAN COUNTRY: THE MAKING OF THE TRIBAL STATE |
18 University of Saint Thomas Law Journal 295 (Spring, 2022) |
In late 1881, the Odawa people of Peshawbestown, Michigan, the capital of the Grand Traverse Band of Ottawa and Chippewa Indians, suffered through a vicious smallpox outbreak. Dozens of people became sick, and at least thirty Odawa people died out of a population of about three hundred. Once state health officials learned of the outbreak, they... |
2022 |
|
| Alexandra Flynn |
PARKS AS PERSONS: LEGAL INNOVATION OR COLONIAL APPROPRIATION? |
50 Fordham Urban Law Journal 1 (November, 2022) |
Introduction. 1 I. The Legal History of Vancouver's Stanley Park. 4 II. City Power and City Parks. 10 III. Personhood and Colonial Property Rights. 14 A. Personhood Differs Based on Jurisdiction, Form, and Legal Technicality. 15 B. Examples of Personhood Status for Nature: New Zealand and Colombia. 16 C. Personhood at the Local Level. 19 IV.... |
2022 |
|
| William B. Davis |
PERPETUATED IN RIGHTEOUSNESS: PROPOSALS FOR STRENGTHENING HAWAI'I'S "CEDED LAND" PROTECTIONS |
45-SPG Environs Environmental Law and Policy Journal 185 (Spring, 2022) |
I. Introduction. 186 II. Background. 188 A. Pre-Mhele. 189 B. The Great Mhele. 190 1. Crown and Government Lands. 191 C. Overthrow of the Hawaiian Kingdom. 192 1. Republic of Hawai'i. 194 2. Territory of Hawai'i. 195 3. Lili'uokalani v. United States. 196 D. Admission to the Union. 197 III. Road to the Current Law. 200 A. Halting the Sale of... |
2022 |
|
| Seth Davis , Eric Biber , Elena Kempf |
PERSISTING SOVEREIGNTIES |
170 University of Pennsylvania Law Review 549 (February, 2022) |
From the first days of the United States, the story of sovereignty has not been one of a simple division between the federal government and the states of the Union. Then, as today, American Indian tribes persisted as self-governing peoples with ongoing and important political relationships with the United States. And then, as today, there was... |
2022 |
Yes |
| Robert J. Pushaw, Jr. |
PLAYING WITH WORDS: AMAR'S NATIONALIST CONSTITUTION |
80 Washington and Lee Law Review Online 55 (9/19/2022) |
This essay provides a balanced critique of Akhil Amar's important book on early constitutional theory and practice. On the one hand, Amar's work has three unique virtues. First, unlike other constitutional historians, he does not examine a particular clause or a brief time period (such as 1787-1789), but rather analyzes the Constitution as a whole... |
2022 |
|
| Matthew L.M. Fletcher , Randall F. Khalil |
PREEMPTION, COMMANDEERING, AND THE INDIAN CHILD WELFARE ACT |
2022 Wisconsin Law Review 1199 (2022) |
This year (2022), the Supreme Court agreed to review wide-ranging constitutional challenges to the Indian Child Welfare Act (ICWA) brought by the State of Texas and three non-Indian foster families in the October 2022 Term. The Fifth Circuit, sitting en banc, held that certain provisions of ICWA violated the anti-commandeering principle implied in... |
2022 |
|
| Jonathan Skinner-Thompson |
PROCEDURAL ENVIRONMENTAL JUSTICE |
97 Washington Law Review 399 (June, 2022) |
Abstract: Achieving environmental justice--that is, the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies--requires providing impacted communities not just the formal right,... |
2022 |
Yes |
| Robin Kundis Craig |
PROMOTING "CLIMATE CHANGE PLUS" INDUSTRIES THROUGH THE ADMINISTRATIVE STATE: THE CASE OF MARINE AQUACULTURE |
39 Yale Journal on Regulation 479 (Spring, 2022) |
Climate change has reached its all hands on deck moment, requiring simultaneous mitigation and adaptation efforts and the participation of all branches of government at all levels--including (and maybe especially) the administrative state. However, while certain agency exercises of climate change discretion have received considerable commentary,... |
2022 |
|
| Jen Jenkins |
PU'UHONUA NOT PRISONS, A MANIFESTO |
46 Harbinger 103 (3/30/2022) |
Jen Jenkins chronicles how the Prison Industrial Complex, as a capitalist and white supremacist tool, has oppressed Native Hawaiian culture and people throughout its colonial history and into the present. Ultimately, Jenkins calls for prison abolition in Hawai'i, and urges policy makers and community members to center the self-determination of... |
2022 |
|
| Michael J. Kelly |
QUIESCENT SOVEREIGNTY OF U.S. TERRITORIES |
105 Marquette Law Review 501 (Spring, 2022) |
Under modern democratic theory, the font of sovereignty springs from the people; however, traces of its past as a power emanating from the Crown continue to haunt the domestic and international status of sub-sovereign legal entities such as U.S. Territories. Quiescent sovereignty describes that which is possessed by the people of the Territories; a... |
2022 |
Yes |
| Bethany R. Berger |
RACE TO PROPERTY: RACIAL DISTORTIONS OF PROPERTY LAW, 1634 TO TODAY |
64 Arizona Law Review 619 (Fall, 2022) |
Race shaped property law for everyone in the United States, and we are all the poorer for it. This transformation began in the colonial era, when demands for Indian land annexation and a slave-based economy created new legal innovations in recording, foreclosure, and commodification of property. It continued in the antebellum era, when these same... |
2022 |
|
| Charles R. Corbett , Edward A. Parson |
RADICAL CLIMATE ADAPTATION IN ANTARCTICA |
49 Ecology Law Quarterly 77 (2022) |
As the climate crisis intensifies, there is growing interest in policies that might supplement emissions reduction and adaptation, such as carbon removal systems and solar radiation modification. One newly prominent class of proposed interventions, which we call radical adaptation, would aim to stabilize Antarctic ice sheets, the loss of which... |
2022 |
|
| Nicholas Shrubsole, Associate Lecturer, University of Central Florida |
RAISING INDIGENOUS RELIGIOUS FREEDOM TO A HIGHER STANDARD: MICHAEL MCNALLY'S DEFEND THE SACRED AND THE CANADIAN LEGAL AND LEGISLATIVE LANDSCAPES, DEFEND THE SACRED: NATIVE AMERICAN RELIGIOUS FREEDOM BEYOND THE FIRST AMENDMENT BY MICHAEL D. MCNALLY. PRINCE |
37 Journal of Law and Religion 182 (January, 2022) |
Keywords: Canada; collective rights; cultural rights; Indigenous rights; religious freedom; United Nations Declaration on the Rights of Indigenous Peoples What is clear from Michael McNally's Defend the Sacred: Native American Religious Freedom beyond the First Amendment, and my own, What Has No Place, Remains: The Challenges for Indigenous... |
2022 |
|
| Girardeau A. Spann |
RANDOM JUSTICE |
100 North Carolina Law Review 739 (March, 2022) |
As recent Senate confirmation practices suggest, the Supreme Court is best understood as the head of a political branch of government, whose Justices are chosen in a process that makes their ideological views dispositive. Throughout the nation's history, the Supreme Court has exercised its governing political ideology in ways that sacrifice the... |
2022 |
|
| Harold Anthony Lloyd |
RECASTING CANONS OF INTERPRETATION AND CONSTRUCTION INTO "CANONICAL" QUERIES: INITIAL CANONICAL QUERIES OF PRESENTED OR TRANSMITTED TEXT |
57 Wake Forest Law Review 353 (2022) |
This Article advocates recasting the canons of construction into neutral queries rather than presumptions or directives of meaning. Such an approach would not only rectify problems with the canons discussed in this Article, but it would also provide lawyers with highly useful checklists of semantic questions lawyers might otherwise overlook when... |
2022 |
|
| Professor Matthew L.M. Fletcher, Reporter for the Restatement |
REFLECTIONS ON THE RESTATEMENT OF THE LAW OF AMERICAN INDIANS |
97 Washington Law Review 699 (October, 2022) |
34TH ANNUAL INDIAN LAW SYMPOSIUM RESTATEMENT OF THE LAW OF AMERICAN INDIANS APRIL 21, 2022 I've been asked to talk about and give some reflections about the Restatement project. And I'm going to start by telling a story about my family. I'm a descendant of a man named Leopold Pokagon. He is the namesake for which the Pokagon Band of Potawatomi... |
2022 |
|
| Christopher Ewell |
REIMAGINING THE RENEWABLE ENERGY TRANSITION: THE POTENTIAL FOR MANDATORY CORPORATE DUE DILIGENCE TO ENSURE RESPECT FOR THE RIGHT TO FREE, PRIOR, AND INFORMED CONSENT |
47 Yale Journal of International Law 309 (Summer, 2022) |
Introduction. 310 I. The Legal Development of the Right to Free, Prior, and Informed Consent. 315 A. International Labour Organization Conventions. 317 B. United Nations Declaration on the Rights of Indigenous Peoples. 318 C. International Financial Institutions and Corporate Policies. 319 II. International and Domestic Jurisprudence on the Right... |
2022 |
|
| Ashleigh Lussenden |
REIMAGINING THE VIOLENCE AGAINST WOMEN ACT FOR TRIBES IN 2022 |
27 Berkeley Journal of Criminal Law 141 (Spring, 2022) |
Introduction. 142 I. The Problem of Criminal Jurisdiction in Indian Country. 144 A. The Oliphant Problem. 144 B. Oliphant's Jurisdictional Vacuum is the Main Cause of Violence Against Native Women. 144 1. Oliphant Undermines Tribal Sovereignty. 145 C. Clarifying Oliphant: Wheeler, Duro, and the Pyrrhic Victory of Lara. 146 II. The Legislation... |
2022 |
Yes |
| Kekek Jason Stark , Autumn L. Bernhardt , Monte Mills , Jason Robison |
RE-INDIGENIZING YELLOWSTONE |
22 Wyoming Law Review 397 (2022) |
I. Introduction. 398 II. Yellowstone as Native Space. 402 A. Native Connections. 403 B. Legal Landscape. 411 1. Inherent Tribal Sovereignty. 412 2. Aboriginal Title and Rights. 412 3. Treaty Relationship. 414 4. Trust Responsibility. 418 III. Federal-Tribal Relations in Yellowstone. 419 A. Trespass (1872-1900). 421 B. Separation (1900-1990). 429 C.... |
2022 |
Yes |
| Rose Cuison-Villazor |
REJECTING CITIZENSHIP |
120 Michigan Law Review 1033 (April, 2022) |
Pursuing Citizenship in the Enforcement Era. By Ming Hsu Chen. Stanford: Stanford University Press. 2020. Pp. xi, 215. $28. Citizenship for undocumented immigrants is once again on the horizon. Just a few weeks after President Donald Trump left the White House, and several years since the last time Congress failed to pass comprehensive immigration... |
2022 |
|
| Kendall Lawrenz |
REMEDYING THE HEALTH IMPLICATIONS OF STRUCTURAL RACISM THROUGH REPARATIONS |
90 George Washington Law Review 1018 (August, 2022) |
From the early introduction of slavery to the United States, not only did the economic prosperity of slavery depend on extracting reproductive labor from Black birthing people, but so did the field of medicine. Enslaved Black people were experimented on and forced to undergo inhumane procedures in the name of science, yet as the medical profession... |
2022 |
|
| Susan K. Serrano , Ian Falefuafua Tapu |
REPARATIVE JUSTICE IN THE U.S. TERRITORIES: RECKONING WITH AMERICA'S COLONIAL CLIMATE CRISIS |
110 California Law Review 1281 (August, 2022) |
This Article links the climate crisis with the ongoing colonization of the U.S. territories. It explores how the U.S. territories' political status--rooted in U.S. colonialism--limits their ability to develop meaningful adaptation efforts to combat the climate crisis in their islands. It offers a developing conceptual framework that draws upon... |
2022 |
|
| C. Steven Hager |
REPRINT: THE RULE OF LAW: MCGIRT v. OKLAHOMA AND THE RECOGNITION OF THE MUSCOGEE (CREEK) RESERVATION |
46 American Indian Law Review 308 (2022) |
As this special dedication issue dives into the testimonials in honor of Professor Hager, the incoming Board has decided to include a work by Professor Hager, to share his passion with you, the reader, in his own words. This article, written by Professor C. Steven Hager, was one of the last works Professor Hager published with Oklahoma Indian Legal... |
2022 |
|
| Whitney Saunders |
RESISTING INDIGENOUS ERASURE IN RHODE ISLAND: THE NEED FOR COMPULSORY NATIVE AMERICAN HISTORY IN RHODE ISLAND SCHOOLS |
27 Roger Williams University Law Review 379 (Spring, 2022) |
Before we begin, I want to take a moment to reflect on the lands on which we reside. We are coming from many places, physically and remotely, and we want to acknowledge the ancestral homelands and traditional territories of Indigenous and Native peoples who have been here since time immemorial and to recognize that we must continue to build our... |
2022 |
|
| Bill Piatt |
RESPECTING THE IDENTITY AND DIGNITY OF ALL INDIGENOUS AMERICANS |
6 Howard Human & Civil Rights Law Review 83 (2021-2022) |
The United States government attempted to eliminate Native Americans through outright physical extermination and later by the eradication of Indian identity through a boarding school system and other paper genocide mechanisms. One of those mechanisms is the recognition of some Natives but not the majority, including those who ancestors were... |
2022 |
|
| Matthew L.M. Fletcher |
RESTATEMENT AS AADIZOOKAAN |
2022 Wisconsin Law Review 197 (2022) |
Introduction. 197 I. Waabanong. 199 II. Zhaawanong. 201 III. Niingaabii'anong. 204 IV. Kiiwedinong. 206 Conclusion. 210 |
2022 |
|
| Richard J. Wallsgrove |
RESTORATIVE ENERGY JUSTICE |
40 UCLA Journal of Environmental Law & Policy 133 (2022) |
While distributive justice and procedural justice have received substantial attention from energy scholars, recent work identifies restorative justice as an underdeveloped component of the energy justice framework. As conceived in the context of criminal law, restorative justice seeks to more precisely account for harms and obligations that arise... |
2022 |
|
| Sara E. Hill |
RESTORING OKLAHOMA: JUSTICE AND THE RULE OF LAW POST-MCGIRT |
57 Tulsa Law Review 553 (Spring, 2022) |
I. Introduction. 554 II. Criminal Jurisdiction in a Post-McGirt World: The Creation of Modern Criminal Jurisdictional Rules in Indian Country. 558 A. Evolution of Criminal Jurisdiction in Indian Country. 559 III. The Post-McGirt Toolkit: Jurisdictional Problem-solving in Indian Country. 565 A. Public Law 280. 565 B. Cross-deputation Agreements. 567... |
2022 |
|
| Sam J. Carter , Robin M. Rotman |
RESURFACING SOVEREIGNTY: WHO REGULATES SURFACE MINING IN INDIAN COUNTRY AFTER MCGIRT? |
83 Montana Law Review 265 (Summer, 2022) |
With that one ruling, what we thought that's happened over the last 114 years since statehood was that we were able to regulate industry, we were able to tax, we were able to prosecute crimes. And that's all kind of thrown up into question. This is the concern that Governor Kevin Stitt voiced to the press following the decision in McGirt v.... |
2022 |
Yes |
| Taino J. Palermo |
RETURNING HOME AND RESTORING TRUST: A LEGAL FRAMEWORK FOR FEDERALLY NON-RECOGNIZED TRIBAL NATIONS TO ACQUIRE ANCESTRAL LANDS IN FEE SIMPLE |
27 Roger Williams University Law Review 305 (Spring, 2022) |
There is a special trust relationship between the federal government and American Indian tribes, referred to as the trust responsibility. However, it is difficult to frame the scope of this relationship. One narrow interpretation is the trust instrument formed when the federal government takes tribal land in fee simple, to manage for the benefit... |
2022 |
|
| David H. Moore , Michalyn Steele |
REVITALIZING TRIBAL SOVEREIGNTY IN TREATYMAKING |
97 New York University Law Review 137 (April, 2022) |
In the current model of federal-Indian relations, the United States claims a plenary legislative power, as putative guardian, to regulate Indian tribes. Under this model, tribes are essentially wards in a state of pupilage. But the federal-tribal relationship was not always so. Originally, the federal government embraced, even promoted, a more... |
2022 |
Yes |
| Nicole Mecca |
RIDING THE WAVE: FAIRNESS FOR FOREIGN INVESTORS IN INDIA'S IMPENDING INSOLVENCY TSUNAMI |
27 Fordham Journal of Corporate and Financial Law 619 (2022) |
Reminiscent of the warning signs of a tsunami, bankruptcy and insolvency courts across the globe have been eerily calm despite unprecedented conditions during the COVID-19 pandemic. The full extent of the pandemic's effect, including a tidal wave of wide-spread corporate and financial sector harm and wide-spread economic distress, remains to be... |
2022 |
|
| Brian L. Pierson |
RIGHT-OF-WAY SOVEREIGNTY |
2022 Wisconsin Law Review 225 (2022) |
Introduction. 225 I. Historical Summary of Laws Governing Rights-of-Way Through Indian Country. 228 II. Rights-of-Way in Wisconsin Indian Country. 231 III. Sovereignty Enhancement Under the 2016 Part 169 Regulations. 235 Conclusion. 237 |
2022 |
Yes |
| Amanda Lyons |
RURALITY AS AN INTERSECTING AXIS OF INEQUALITY IN THE WORK OF THE U.N. TREATY BODIES |
79 Washington and Lee Law Review 1125 (Summer, 2022) |
Rurality intersects with other identities, power dynamics, and structural inequalities--including those related to gender, race, disability, and age--to create unique patterns of human rights deprivations, violations, and challenges in rural spaces. Therefore, accurately assessing human rights and duties in rural spaces requires attention to the... |
2022 |
Yes |
| Pippa Browde |
SACRIFICING SOVEREIGNTY: HOW TRIBAL-STATE TAX COMPACTS IMPACT ECONOMIC DEVELOPMENT IN INDIAN COUNTRY |
74 Hastings Law Journal 1 (December, 2022) |
Economic development is a critical component of tribal sovereignty. When a state asserts taxing authority within Indian Country, there is potential for overlapping, or juridical, taxation over the same transaction. Actual or even potential juridical taxation threatens economic development opportunities for tribes. For many years, tribes and states... |
2022 |
Yes |
| Adriel I. Cepeda Derieux , Rafael Cox Alomar |
SAYING WHAT EVERYONE KNOWS TO BE TRUE: WHY STARE DECISIS IS NOT AN OBSTACLE TO OVERRULING THE INSULAR CASES |
53 Columbia Human Rights Law Review 721 (Spring, 2022) |
At no other point in recent history have the so-called Insular Cases, and their enduring colonial legacy, elicited as intense a debate in Congress, the U.S. Department of Justice, the federal courts, and the territories as right now. Today, these early-twentieth-century cases--which notoriously established a continuing distinction between... |
2022 |
|
| Heather J. Tanana |
SECURING A PERMANENT HOMELAND: THE FEDERAL GOVERNMENT'S RESPONSIBILITY TO PROVIDE CLEAN WATER ACCESS TO TRIBAL COMMUNITIES |
69-APR Federal Lawyer 52 (March/April, 2022) |
Water is life--critical to the health, socioeconomic, and cultural needs of any community. Every household in the United States needs and deserves access to clean, reliable, and affordable drinking water. Yet, tribal communities face high rates of water insecurity. More than a half million people--nearly 48 percent of tribal homes in Native... |
2022 |
|
| Aila Hoss |
SECURING TRIBAL CONSULTATION TO SUPPORT TRIBAL HEALTH SOVEREIGNTY |
14 Northeastern University Law Review 155 (February, 2022) |
Introduction 159 I. Tribal Governments and Federal Indian Law 161 II. Tribal Consultation and the Law 163 A. United Nations Declaration on the Rights of Indigenous Peoples 164 B. Federal Executive Branch Requirements 166 C. Federal Statutory Requirements 169 D. State Requirements 170 III. Limitations of Existing Consultation Mandates 175 IV.... |
2022 |
Yes |
| Olivia Meadows |
SELF-DETERMINED HEALTH: REEVALUATING CURRENT SYSTEMS AND FUNDING FOR NATIVE AMERICAN HEALTH CARE |
48 American Journal of Law & Medicine 91 (2022) |
For years, the federal government has failed to uphold its promises to provide health care to Native Americans. These promises are echoed in treaties, the Constitution, and judicially-created law. As a result of this breach of promise and chronically underfunding, there are significant health disparities between indigenous populations and other... |
2022 |
Yes |