| Author | Title | Citation | Summary | Year | Key Terms |
| Çaca Yvaire |
SENTIENT RAINS |
30 New York University Environmental Law Journal 337 (2022) |
There are perhaps multiple explanations behind the rise of the modern nation-state. The modern nation-states of today exist due to colonization. As nations such as Great Britain spread across the world, they would conquer territories and introduce their own institutions there. Under colonialism, local populations did not have the sovereignty to... |
2022 |
Yes |
| Riccardo Vecellio Segate |
SHIFTING PRIVACY RIGHTS FROM THE INDIVIDUAL TO THE GROUP: A RE-ADAPTATION OF ALGORITHMS REGULATION TO ADDRESS THE GESTALTIAN CONFIGURATION OF GROUPS |
8 Loyola University Chicago Journal of Regulatory Compliance 55 (Spring, 2022) |
Engineers have long demonstrated that anonymizing bulk data is insufficient a condition for ensuring that specific individuals are not isolated and re-identified out of broader amounts of data and metadata. However, this approach still focuses on the most traditional conception of privacy, rooted in the individual as sovereign over their own... |
2022 |
Yes |
| Scott Franks |
SOME REFLECTIONS OF A MÉTIS LAW STUDENT AND ASSISTANT PROFESSOR ON INDIGENOUS LEGAL EDUCATION IN CANADA |
48 Mitchell Hamline Law Review 744 (May, 2022) |
This Article is a reflection on some of my experiences as a Métis law student and assistant professor on the subject of Indigenous legal education in Canada. I introduce myself and what brought me to law school and describe some of my experiences as a law student, as a co-president of an Indigenous Students Association, and as a student organizer... |
2022 |
|
| Haley Stewart |
SOVEREIGNS OF NO TERRITORY: ALASKA NATIVES, ANCSA, AND TRIBAL SELF-DETERMINATION |
12 Arizona Journal of Environmental Law & Policy 247 (Summer, 2022) |
This Note examines Alaska Native systems of private land ownership as imposed through the Alaska Native Claims Settlement Act (ANCSA) and evaluates existing and potential alternatives in the interest of self-determination, sovereignty, and land ownership. ANCSA was passed in 1971 to resolve conflicts over the land in Alaska, and it established a... |
2022 |
Yes |
| Anupam Chander , Haochen Sun |
SOVEREIGNTY 2.0 |
55 Vanderbilt Journal of Transnational Law 283 (March, 2022) |
Digital sovereignty--the exercise of control over the internet--is the ambition of the world's leaders, from Australia to Zimbabwe, seen as a bulwark against both foreign states and foreign corporations. Governments have resoundingly answered first-generation internet law questions of who, if anyone, should regulate the internet. The answer: they... |
2022 |
Yes |
| Sam Erman |
STATUS MANIPULATION AND SPECTRAL SOVEREIGNS |
53 Columbia Human Rights Law Review 813 (Spring, 2022) |
This Essay examines how empire invisibly perpetuates itself through status manipulation. Status refers to formal polity-person and polity-place relationships, perceived to be well-defined, pre-established, unchanging, and consequential. Such relationships are envisioned as automatically creating rights and powers, as well as obligations,... |
2022 |
Yes |
| Isabella Zink |
STORM WARNING: NEW ZEALAND'S TREATMENT OF "CLIMATE REFUGEE" CLAIMS AS A VIOLATION OF INTERNATIONAL LAW |
37 American University International Law Review 441 (2022) |
I. INTRODUCTION. 442 II. BACKGROUND. 445 A. Effects of slow-onset climate change on Pacific Island atoll nations. 445 B. Government mitigation plans for climate change affecting Pacific Island atoll nations. 447 C. Protections offered to climate refugees under current international legal frameworks. 449 D. New Zealand's domestic immigration and... |
2022 |
Yes |
| Angelique EagleWoman, Wambdi A. Was'teWinyan, Dominic J. Terry, Lani Petrulo., Dr. Gavin Clarkson, Angela Levasseur, Leah R. Sixkiller, Jack Rice |
STORYTELLING AND TRUTH-TELLING: PERSONAL REFLECTIONS ON THE NATIVE AMERICAN EXPERIENCE IN LAW SCHOOLS |
48 Mitchell Hamline Law Review 704 (May, 2022) |
I. Introduction. 705 II. Becoming a Native Lawyer. 710 A. Ya'at'eeh!. 710 B. Don't Be A Victim of Your Environment. 710 C. Work Hard, and Never Give Up. 711 D. The Scenic Route. 711 E. So Close, Yet So Far. 712 F. The Bar Exam Does Not Define You!. 713 G. Ya'at'eeh, My Name is Dominic Terry. 713 III. Barred: A Personal Reflection on the Native... |
2022 |
|
| Jon W. Katchen , Nicholas Ostrovsky |
STRANGERS IN THEIR OWN LAND: A SURVEY OF THE STATUS OF THE ALASKA NATIVE PEOPLE FROM THE RUSSIAN OCCUPATION THROUGH THE TURN OF THE TWENTIETH CENTURY |
39 Alaska Law Review 1 (June, 2022) |
The federal government's scattershot treatment of Alaska Natives has long created confusion over the legal status and rights of Alaska Natives and Alaska Native entities. This confusion was center stage in the recent Supreme Court case, Yellen v. Confederated Tribes of the Chehalis Reservation, involving Indian Tribe entitlement to CARES Act... |
2022 |
Yes |
| Elizabeth Hidalgo |
SUPPORTING NATIVE AMERICAN COMMUNITIES DURING THE CORONAVIRUS PANDEMIC: CHECKPOINTS, TRIBAL SOVEREIGNTY, AND THE IMPLICATIONS OF MCGIRT v. OKLAHOMA |
21 Houston Journal of Health Law & Policy 449 (2022) |
Introduction. 451 I. Overview of the COVID-19 Pandemic in South Dakota. 455 A. Cheyenne River Sioux Tribe's Pandemic Response. 457 1. Preparations. 457 2. Basis for Heightened Concern. 457 B. Checkpoint Implementation and Controversy. 458 II. Impact on Native American Communities. 462 A. Impact on the Cheyenne River Sioux Tribe. 462 B. Crisis in... |
2022 |
Yes |
| Emily Reevesiginal |
TAKING BACK SOVEREIGNTY: THE IMPORTANCE OF NATIVE VOICES IN ADDRESSING ENVIRONMENTAL HARMS TO NATIVE LAND |
52 California Western International Law Journal 615 (Spring, 2022) |
C1-2Table of Contents Introduction. 616 I. History of Tribal Sovereignty. 619 II. Tribal Sovereignty and Environmental Rights. 620 III. Description of Controversy. 623 A. The Enbridge Pipeline. 624 B. Department of Natural Resources v. White Earth Band of Ojibwe. 625 IV. Repercussions of Department of Natural Resources v. White Earth Band of... |
2022 |
Yes |
| Jordan Gross |
TAKING STOCK: OPEN QUESTIONS AND UNFINISHED BUSINESS UNDER THE VAWA AMENDMENTS TO THE INDIAN CIVIL RIGHTS ACT |
73 Hastings Law Journal 475 (February, 2022) |
The primary statutory tool for federal regulation of Tribal court criminal procedure is the Indian Civil Rights Act of 1968 (ICRA). ICRA replicated most of the procedural protections in the Bill of Rights applicable to the States, as then interpreted by the Supreme Court. ICRA also sets out procedures Tribes must extend to criminal defendants in... |
2022 |
|
| Kyle Willmott , Department of Sociology & Anthropology, Simon Fraser University, Burnaby, British Columbia, Canada |
TAXES, TAXPAYERS, AND SETTLER COLONIALISM: TOWARD A CRITICAL FISCAL SOCIOLOGY OF TAX AS WHITE PROPERTY |
56 Law and Society Review 6 (March, 2022) |
In settler colonial states such as Canada, tax is central to political ideas that circulate about Indigenous nations and people. The stories that are told about Indigenous peoples by taxpayers' often involve complaints about budgets, welfare, and unfair tax arrangements. The paper theorizes how informal tax imaginaries' and taxpayer... |
2022 |
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| Jonathan Adler, Charles Doran, Rosemary McCarney, Martha Hall Findlay, Hugh Short |
TENSIONS AND OPPORTUNITY IN ARCTIC DEVELOPMENT AND STEWARDSHIP |
46 Canada-United States Law Journal 77 (2022) |
MR. STEPHEN PETRAS: Welcome back everyone. We will now start our formal afternoon panel session of our conference. Our next panel will delve into tensions and opportunity in Arctic development and stewardship. Our moderator is Professor Jonathan Adler. Jonathan is the Johan Verheij Memorial Professor of Law here at Case Western Reserve University,... |
2022 |
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| Alex Tallchief Skibine |
TEXTUALISM AND THE INDIAN CANONS OF STATUTORY CONSTRUCTION |
55 University of Michigan Journal of Law Reform 267 (Winter, 2022) |
When interpreting statutes enacted for the benefit or regulation of Indians or construing treaties signed with Indian nations, courts are supposed to apply any of five specific canons of construction relating to Indian Affairs. Through examining the modern line of Supreme Court cases involving statutory or treaty interpretation relating to Indian... |
2022 |
Yes |
| Kate R. Finn , Christina A.W. Stanton |
THE (UN)JUST USE OF TRANSITION MINERALS: HOW EFFORTS TO ACHIEVE A LOW-CARBON ECONOMY CONTINUE TO VIOLATE INDIGENOUS RIGHTS |
33 Colorado Environmental Law Journal 341 (Spring, 2022) |
C1-2Table of Contents Introduction. 342 I. The Intersection of Indigenous Rights and Extractive Industries. 346 A. Past Patterns. 347 B. Present Economic Drivers. 353 II. Global Standards to Shape the Supply Chain. 356 III. Russian Indigenous Peoples and Nornickel--A Developing Case Study. 360 IV. Next Steps to a Green Future. 364 A. Strengthening... |
2022 |
|
| Christopher R. Leslie |
THE AMERICA WITHOUT MARRIAGE EQUALITY: FA'AFAFINE, THE INSULAR CASES, AND MARRIAGE INEQUALITY IN AMERICAN SAMOA |
122 Columbia Law Review 1769 (October, 2022) |
American Samoa is the only U.S. jurisdiction that does not recognize gender-neutral marriage despite the Supreme Court's Obergefell decision invalidating laws that limit marriage to male-female couples. Among U.S. territories, American Samoa has five unique features: It is the only territory that the United States acquired through negotiation with... |
2022 |
|
| Angela R. Riley |
THE ASCENSION OF INDIGENOUS CULTURAL PROPERTY LAW |
121 Michigan Law Review 75 (October, 2022) |
Indigenous Peoples across the world are calling on nation-states to decolonize laws, structures, and institutions that negatively impact them. Though the claims are broad based, there is a growing global emphasis on issues pertaining to Indigenous Peoples' cultural property and the harms of cultural appropriation, with calls for redress... |
2022 |
|
| Julia Brokaw , Hudson B. Kingston , Jordan Hughes |
THE 'BURBS AND THE BEES: RACE, CLASS, AND RPBB POLICY IN MINNESOTA |
23 Minnesota Journal of Law, Science & Technology 473 (5/27/2022) |
Conserving the Rusty Patched Bumble Bee (RPBB) is a complicated scientific and legal effort that will require bee researchers, community organizers, and environmental justice coalitions to band together to reverse their decline. However, recent local and national disputes over the conservation of the RPBB demonstrate how a fragmented strategy will... |
2022 |
|
| Kristine A. Huskey |
THE CASE FOR TRIBAL VETERANS HEALING TO WELLNESS COURTS |
90 UMKC Law Review 577 (Spring, 2022) |
American Indians and Alaska Natives (AIAN) have a long history of serving in the United States military in relatively high numbers, and they continue to do so to this day. In some conflicts, for example the Vietnam War, AIAN soldiers saw disproportionately high rates of combat and were often assigned perilous duties, such as walking point and... |
2022 |
|
| Tom I. Romero, II |
THE COLOR OF LOCAL GOVERNMENT: OBSERVATIONS OF A BROWN BUFFALO ON RACIAL IMPACT STATEMENTS IN THE MOVEMENT FOR WATER JUSTICE |
25 CUNY Law Review 241 (Summer, 2022) |
This Article advocates for the adoption of racial impact statements (RIS) in local government decision making, particularly among water utilities. Situated in the larger history of water and climate injustice in Colorado and the arid American West, this Article examines ways that racially minoritized communities engage and contest legal and... |
2022 |
|
| David S. Schwartz |
THE COMMITTEE OF STYLE AND THE FEDERALIST CONSTITUTION |
70 Buffalo Law Review 781 (April, 2022) |
The conventional interpretation of the Constitution assumes that the Committee of Style, which created the final draft of the Constitution, lacked authority to engage with substance; therefore, any arguably substantive changes it purportedly made should be disregarded in favor of earlier draft language found in the records of the Constitutional... |
2022 |
|
| Bethany Sullivan, Jennifer Turner |
THE CONTINUED IMPACT OF CARCIERI ON THE RESTORATION OF TRIBAL HOMELANDS: IN NEW ENGLAND AND BEYOND |
27 Roger Williams University Law Review 322 (Spring, 2022) |
In 2009, the United States Supreme Court decided Carcieri v. Salazar, a case involving the Department of the Interior's (the Department or Interior) authority under section 5 of the Indian Reorganization Act (IRA) to acquire land into trust for the Narragansett Indian Tribe. Prior to the Supreme Court's decision, Interior had long interpreted the... |
2022 |
|
| Thomas F. McInerney |
THE EMERGENCE OF INTELLIGENT TREATY SYSTEMS AND THE FUTURE OF INTERNATIONAL LAW |
2022 University of Illinois Journal of Law, Technology and Policy 259 (Fall, 2022) |
Ensuring that multilateral regulatory treaties fulfill their stated purposes is important to solving many intractable global problems. Despite immense challenges, the prospects for achieving these aims have improved in recent years with the emergence of what I term Intelligent Treaty Systems (ITS). I define ITS to include five core capacities... |
2022 |
Yes |
| Connor Marcum |
THE ENDS AND THE MEANS: INDIGENOUS SOVEREIGNTY, CLIMATE-RELATED LEGAL ACTIONS, AND FRAMEWORKS OF JUSTICE |
29 Indiana Journal of Global Legal Studies 261 (Winter, 2022) |
Philosophy professor Timothy Morton uses climate change as his foremost example of what he calls a hyperobject: an object that occupies both more physical space and more time than humans can usefully comprehend. For example, one can understand local meteorological occurrences in isolation without necessarily understanding that a given storm was... |
2022 |
Yes |
| Kylah Staley |
THE EXTRACTION INDUSTRY IN LATIN AMERICA AND THE PROTECTION OF INDIGENOUS LAND AND NATURAL RESOURCE RIGHTS: FROM CONSULTATION TOWARD FREE, PRIOR, AND INFORMED CONSENT |
73 Hastings Law Journal 1145 (May, 2022) |
Resource extraction and exploitation threaten the survival of Indigenous and tribal peoples, who are amongst the most marginalized communities in the world. This is both a human rights issue and an environmental issue. There are around 300 million people that make up Indigenous communities worldwide, the majority of whom live in forests.... |
2022 |
|
| Grant Christensen |
THE EXTRADITION CLAUSE AND INDIAN COUNTRY |
97 North Dakota Law Review 355 (2022) |
I. INTRODUCTION. 355 II. THE ENFORCEABILITY OF THE EXTRADITION CLAUSE. 357 A. Dennison and the Inability of Federal Courts to Enforce the Extradition Clause. 358 B. Branstad and a New Role for Federal Courts Enforcing the Extradition Clause. 360 III. THE EXTRADITION CLAUSE IN INDIAN COUNTRY. 361 A. THE GEOGRAPHIC NATURE OF INDIAN COUNTRY. 362 B.... |
2022 |
|
| Shira Cohen |
THE FAILINGS OF THE UNITED STATES JUSTICE SYSTEM: LOBATO v. TAYLOR AND MEXICAN COMMUNITY LAND GRANTS |
93 University of Colorado Law Review 841 (Summer, 2022) |
Introduction. 842 I. The Broken Promises of the Treaty of Guadalupe-Hidalgo. 845 A. Communal Land Ownership in Mexico. 846 B. The Treaty and Its Import to Community Land Grants. 847 C. Disregard of Community Land Grants and Treaty Violations. 849 1. Tameling and the Removal of Courts from the Land-Grant Confirmation Process. 849 2. Sandoval and... |
2022 |
Yes |
| Evanson Chege Kamau , Faculty of Law, University of Bremen, Bremen, Germany, e-mail: echege@uni-bremen.de |
THE FASTEST ANIMALS ARE NOT THE FASTEST OVER TIME: MALAYSIA ADOPTS A COMPREHENSIVE ABS LEGISLATION AFTER A LONG STEADY EFFORT |
95 IUS Gentium 355 (2022) |
Abstract Malaysia did not have a law to regulate access to genetic resources, associated traditional knowledge (aTK) and benefit-sharing at a Federal level prior to the Nagoya Protocol. Only two States, Sabah and Sarawak, had such a law. Following the assent of the bill of 2017 regulating access and benefit-sharing (ABS) within the entire territory... |
2022 |
|
| Timothy Sandefur |
THE FEDERALISM PROBLEMS WITH THE INDIAN CHILD WELFARE ACT |
26 Texas Review of Law and Politics 429 (Spring, 2022) |
Author's Note. 430 Introduction. 430 I. What ICWA Does. 431 II. ICWA Exceeds the Commerce Clause. 435 A. The One and Only Commerce Clause. 435 B. The Non-textual Plenary Power. 437 C. Even Under the Treaty Power, ICWA Would Be Unconstitutional. 448 III. ICWA Violates the Anti-commandeering Principle. 453 A. The Anti-commandeering Principle. 453... |
2022 |
Yes |
| Sam F. Halabi |
THE HEALTHCARE LEGACY OF THE MISSION CIVILISATRICE IN UNINCORPORATED U.S. TERRITORIES |
20 Northwestern Journal of Human Rights 121 (3/30/2022) |
ABSTRACT--Individual and population health in unincorporated U.S. territories-- American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands--lag terribly behind those in the 50 U.S. states and D.C. The populations in the territories--with drastically higher rates of poverty-- suffer and die from chronic conditions... |
2022 |
|
| K-Sue Park |
THE HISTORY WARS AND PROPERTY LAW: CONQUEST AND SLAVERY AS FOUNDATIONAL TO THE FIELD |
131 Yale Law Journal 1062 (February, 2022) |
This Article addresses the stakes of the ongoing fight over competing versions of U.S. history for our understanding of law, with a special focus on property law. Insofar as legal scholarship has examined U.S. law within the historical context in which it arose, it has largely overlooked the role that laws and legal institutions played in... |
2022 |
|
| Yuri G. Mantilla |
THE IMPLEMENTATION OF THE RIGHT TO SELF-DETERMINATION OF AYMARA AND QUECHUA INDIGENOUS PEOPLES: AN INTERNATIONAL NORMATIVE RESPONSE TO THE SPANISH CONQUEST OF TAWANTINSUYU |
36 Emory International Law Review 287 (2022) |
Contrary to ethnocentric views of law, this Article proposes an inter-civilizational perspective of international law. This perspective provides an analytical tool to understand the importance of preserving and empowering diverse cultures and peoples. In a globalized world, there is an increasing recognition of the contributions of diverse cultures... |
2022 |
|
| Christina Duffy Ponsa-Kraus |
THE INSULAR CASES RUN AMOK: AGAINST CONSTITUTIONAL EXCEPTIONALISM IN THE TERRITORIES |
131 Yale Law Journal 2449 (June, 2022) |
The Insular Cases have been enjoying an improbable--and unfortunate-- renaissance. Decided at the height of what has been called the imperialist period in U.S. history, this series of Supreme Court decisions handed down in the early twentieth century infamously held that the former Spanish colonies annexed by the United States in 1898--Puerto... |
2022 |
|
| Adam Crepelle |
THE LAW AND ECONOMICS OF CRIME IN INDIAN COUNTRY |
110 Georgetown Law Journal 569 (March, 2022) |
C1-2Table of Contents Introduction. 569 I. Crime in Indian Country. 576 II. Tribal Sovereignty and Criminal Justice. 579 III. The Economics of Crime. 586 IV. The Law and Economics of Crime in Indian Country. 589 V. Solutions. 601 a. jurisdictional fix. 603 b. more cops. 606 c. improve tribal economies. 609 Conclusion. 611 |
2022 |
Yes |
| Alexandra Huneeus |
THE LEGAL STRUGGLE FOR RIGHTS OF NATURE IN THE UNITED STATES |
2022 Wisconsin Law Review 133 (2022) |
Introduction. 133 I. The Origins of U.S. Nature Rights. 138 A. Codifying Navajo Common Law. 139 B. Corporate Persons and Toxic Sludge. 141 C. Ecuador's Constitution as a Catalyst. 145 II. The Quixotic Persistence of Non-Human Rights in the USA. 149 A. Transnational Legitimacy and Symbolic Politics. 150 B. The (Re)Turn to Native American Law. 152 C.... |
2022 |
|
| Sabrina Frydman |
THE MATANZA-RIACHUELO BASIN CASE: LESSONS IN ENVIRONMENTAL ACTIVISM FROM THE ARGENTINE SUPREME COURT AND CIVIL SOCIETY ORGANIZATIONS |
28 Southwestern Journal of International Law 47 (2022) |
I. Introduction. 48 II. The Legal Basis for Environmental Claims From a Human Rights Perspective. 50 III. Lessons in Environmental Activism: The Mendoza Case. 56 A. Environmental Issues in the Public Agenda and the Matanza-Riachuelo Basin Crisis. 56 B. Behind the Scenes: Social Activism. 60 C. A Court for the Environment: Ensuring Public Policy... |
2022 |
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| Charles W. Tyler , Heather K. Gerken |
THE MYTH OF THE LABORATORIES OF DEMOCRACY |
122 Columbia Law Review 2187 (December, 2022) |
A classic constitutional parable teaches that our federal system of government allows states to function as laboratories of democracy. This tale has been passed down from generation to generation, often to justify constitutional protections for state autonomy from the federal government. But scholars have failed to explain how state governments... |
2022 |
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| David E. Spencer |
THE OECD DRAFT MODEL RULES FOR NEXUS AND REVENUE SOURCING: INTANGIBLE PROPERTY |
33 Journal of International Taxation 32 (September, 2022) |
The OECD Draft Model Rules for Nexus and Revenue Sourcing (Model Rules for Nexus and Revenue Sourcing) cover Intangible Property. But the treatment in those Model Rules of income from Intangible Property is related to other proposals to modify the treatment of Intellectual Property for other purposes, as discussed below. Therefore, the... |
2022 |
Yes |
| Robert G. Natelson |
THE ORIGINAL UNDERSTANDING OF THE INDIAN COMMERCE CLAUSE: AN UPDATE |
23 Federalist Society Review 209 (8/29/2022) |
The Congress shall have Power . To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes. C1-2Table of Contents I. Recent and Pending Litigation. 211 II. Previous Scholarship. 212 III. Goals of this Article. 213 IV. Some Principles of Originalist Analysis. 214 V. The Constitutional Scheme: Separation of... |
2022 |
|
| Ari Spitzer |
THE PERSONAL QUESTION DOCTRINE |
14 Northeastern University Law Review 549 (June, 2022) |
Introduction I. Evolution of Popular Sovereignty A. Creation Myth B. Chisholm Prelude C. Reinvention of Popular Sovereignty as a Structural Principle--Federalism D. A Spectacular Failure: Civil War E. Consigned to Desuetude F. Conservatives Revive our Popular Sovereignty 1. Dual Sovereignty 2. Anti-Commandeering 3. Sovereign Immunity 4. Equal... |
2022 |
Yes |
| Michelle Bryan |
THE POWER OF RECIPROCITY: HOW THE CONFEDERATED SALISH & KOOTENAI WATER COMPACT ILLUMINATES A PATH TOWARD NATURAL RESOURCES RECONCILIATION |
25 University of Denver Water Law Review 227 (Spring, 2022) |
INTRODUCTION. 229 The Peoples and Their Place. 230 Why This Story Matters. 232 Roadmap for this Article. 235 I. HOW THE FEDERAL GOVERNMENT SET THE STAGE FOR TRIBAL-STATE COMPETITION OVER SCARCE WATER RESOURCES. 235 A. It Began in Montana: The Winters Doctrine and Tribal Water Rights. 235 B. The McCarran Amendment and its Impact on Tribal-State... |
2022 |
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| Dr. Gavin Clarkson |
THE PROBLEM OF DOUBLE-TAXATION IN INDIAN COUNTRY |
69-APR Federal Lawyer 32 (March/April, 2022) |
Despite the moral rectitude of the tribal position that federal treaty obligations require financial support for services such as tribal healthcare, economic dependency on the federal government is not a viable long-term strategy for tribal nations. If tribal sovereignty is to mean something, at a minimum, it should mean the ability of a tribe to... |
2022 |
Yes |
| Yanay Israeli |
THE REQUERIMIENTO IN THE OLD WORLD: MAKING DEMANDS AND KEEPING RECORDS IN THE LEGAL CULTURE OF LATE MEDIEVAL CASTILE |
40 Law and History Review 37 (February, 2022) |
The requerimiento (requirement) was among the most famous legal instruments of Spanish colonization in the Americas, a legal ritual of conquest designed to both assert and legitimate rule over others. Upon first contact with indigenous groups, invading parties would read a written statement asserting Spanish sovereignty over the islands and... |
2022 |
Yes |
| Adam Crepelle |
THE RESERVATION AND THE RULE OF LAW |
70 Louisiana Bar Journal 192 (October/November, 2022) |
The rule of law is vital to social stability and economic development. The Supreme Court's 2020 decision in McGirt v. Oklahoma cast a cloud of uncertainty over which law to follow in eastern Oklahoma--tribal, state or federal. McGirt arose because Oklahoma acted as though the Muscogee Nation's treaty guaranteed reservation had been disestablished... |
2022 |
Yes |
| Nick Crockett |
THE RISE OF CRITICAL INFRASTRUCTURE PROTEST LEGISLATION AND ITS IMPLICATIONS FOR RADICAL CLIMATE ACTIVISM |
33 Colorado Environmental Law Journal 407 (Spring, 2022) |
C1-2Table of Contents Introduction. 408 I. Background on State Repression and Vilification of Radical Environmental Activists. 411 A. Direct Action. 412 B. Animal Enterprise Terrorism Act. 413 C. Standing Rock and Valve Turners: The Impetus for the Rise of Critical Infrastructure Protest Laws. 415 II. Survey and Statutory Analysis of Critical... |
2022 |
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| Arthur D. Middleton, Temple Stoellinger, Drew E. Bennett, Travis Brammer, Laura Gigliotti, Hilary Byerly Flint, Sam Maher, Bryan Leonard |
THE ROLE OF PRIVATE LANDS IN CONSERVING YELLOWSTONE'S WILDLIFE IN THE TWENTY-FIRST CENTURY |
22 Wyoming Law Review 237 (2022) |
I. Introduction. 238 II. Origins, Ownership, and Use of Private Land in the Gye. 244 III. Importance of Private Lands to Wide-Ranging Wildlife in the Gye. 251 A. The Grizzly Bear. 252 B. The Elk. 254 IV. Conceptual Basis for Wildlife Conservation on Private Lands. 260 A. Responsibilities of Landowners Toward Wildlife; and of the Public Toward... |
2022 |
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| Clare J. Soria |
THE ROLE OF THE LAW IN NATIVE SOVEREIGNTY: A COMPARISON OF CANADIAN AND AMERICAN APPROACHES TO SOVEREIGNTY |
46 Canada-United States Law Journal 253 (2022) |
C1-2Table of Contents Abstract. 254 I. Introduction. 254 II. What Sovereignty Means to Natives and the Contemporary Landback Movement. 255 a. Preservation of Culture, Autonomy and Freedom. 255 b. The Landback Movement Today. 256 III. Canada and the United States: A Fundamentally Different Legal Approach to Establishing Sovereignty - Comparison of... |
2022 |
Yes |
| Scotti Hill |
THE ROUND HOUSE BY LOUISE ERDRICH |
35-AUG Utah Bar Journal 44 (July/August, 2022) |
Jurisdiction is among the first legal doctrines instilled in the minds of eager 1Ls. While many recall the difference between personal and subject matter jurisdiction, the issue of indigenous sovereignty has puzzled American law students and is often given short shrift in legal coursework due to its relative complexity and fraught history. The work... |
2022 |
Yes |
| Ming Tanigawa-Lau |
THE STATE'S KULEANA: DECONSTRUCTING THE PERMITTING PROCESS FOR THE THIRTY-METER TELESCOPE AND FINDING RESTORATION THROUGH SYSTEMIC VALIDATION OF NATIVE HAWAIIAN RIGHTS |
68 UCLA Law Review 1390 (January, 2022) |
To many Native Hawaiians, Maunakea is a sacred place, central to their creation. To the astronomy community, it represents modern astronomy's greatest opportunity for scientific advancement. The steady construction of observatories on Maunakea since the 1960s, and the resultant destruction of the mountain's natural and spiritual landscape... |
2022 |
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