| Author | Title | Citation | Summary | Year | Key Terms |
| Jessica A. Shoemaker |
THE TRUTH ABOUT PROPERTY |
120 Michigan Law Review 1143 (April, 2022) |
Federal Ground: Governing Property and Violence in the First U.S. Territories. By Gregory Ablavsky. New York: Oxford University Press. 2021. Pp. ix, 350. $39.95. The truth about stories is that that's all we are. This is one of the repeated refrains in Thomas King's The Truth About Stories: A Native Narrative. King is an American-born Canadian... |
2022 |
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| Heather J. Tanana, Elisabeth Paxton Parker |
THE UNFULFILLED PROMISE OF INDIAN WATER RIGHTS SETTLEMENTS |
37-FALL Natural Resources & Environment 12 (Fall, 2022) |
When the Ute Bands signed the treaty establishing the Ute Reservation in 1868, the United States promised the Ute people that the Reservation would be a permanent home that would support our people forever. The key to carrying out that promise is water--a fact that the Tribal leadership has always known but which the United States has sometimes... |
2022 |
Yes |
| Elizabeth Dunne, Esq. |
THE US PRESIDENT AND ARMY CORPS' DISCRETION AND AUTHORITY WITH REGARD TO EXECUTIVE ACTION IN FURTHERANCE OF BREACHING THE LOWER SNAKE RIVER DAMS |
14 Golden Gate University Environmental Law Journal 1 (Spring, 2022) |
This article takes an in depth look at the legal landscape applicable to the exercise of executive branch authority in the context of breaching the four dams on the lower Snake River. It demonstrates how executive authority can play an important role when it comes to addressing the climate crisis and biodiversity loss as well as in taking steps... |
2022 |
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| William J. Aceves |
THE WATTS GANG TREATY: HIDDEN HISTORY AND THE POWER OF SOCIAL MOVEMENTS |
57 Harvard Civil Rights-Civil Liberties Law Review 115 (Summer, 2022) |
On the eve of the 1992 Los Angeles uprising, a small group of gang leaders and community activists drafted an agreement to curtail violence in south Los Angeles. Several gangs in Watts accepted the truce and established a cease-fire agreement. By most accounts, the 1992 Watts Gang Treaty succeeded in reducing gang violence in Los Angeles. Local... |
2022 |
Yes |
| Michael C. Blumm , Susan Jane M. Brown , Chelsea Stewart-Fusek |
THE WORLD'S LARGEST ECOSYSTEM MANAGEMENT PLAN: THE NORTHWEST FOREST PLAN AFTER A QUARTER-CENTURY |
52 Environmental Law 151 (Spring, 2022) |
For decades, the public forests of the Pacific Northwest were subject to widespread clearcutting of their old-growth trees as part of a federal policy promoting industrial logging. That era came to an end in the early 1990s, due to court injunctions enforcing environmental laws like the National Environmental Policy Act and the National Forest... |
2022 |
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| Gabe Chess |
THIRD-PARTY BENEFICIARIES OF GOVERNMENT CONTRACTS: IMAGINING AN EQUITABLE APPROACH AND APPLYING IT TO BROKEN PROMISES IN DETROIT |
121 Michigan Law Review 291 (November, 2022) |
Courts have widely adopted a heightened standard for recognizing third-party beneficiaries of government contracts. But the justifications offered for the heightened standard do not withstand scrutiny. Instead, courts should apply a series of equitable factors to produce results consistent with the concern for manifest justice that animates... |
2022 |
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| Rebecca Bratspies |
THIS GREAT CATASTROPHE: BUNGLING PANDEMICS FROM 1918 TO TODAY |
30 Michigan State International Law Review 189 (2022) |
I had a little bird, Its name was Enza. I opened the window, And in-flu-enza. In examining how badly the United States bungled its COVID-19 pandemic response, it is worth going back to the dire warnings issued two years earlier--on the 100th anniversary of the 1918 flu pandemic. Scientists and policymakers cautioned that the next pandemic would... |
2022 |
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| Mariana Muñoz |
THIS LAND IS MY LAND, THIS LAND IS YOUR LAND, BUT WHERE IS THE ENVIRONMENTAL JUSTICE? |
23 Vermont Journal of Environmental Law 296 (Spring, 2022) |
Introduction. 296 I. Background. 298 A. A History of Broken Promises. 298 B. The Environmental Justice Movement. 300 C. Native Americans and Tribal Interplay with the Environmental Justice Movement. 301 II. Legal Analysis. 303 A. The Landmark Decision: McGirt v. Oklahoma. 303 B. Indian Nation Post McGirt: Generally. 306 C. Indian Nation Post... |
2022 |
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| Madelyn Lehualani McKeague |
TO RAISE THE HEALTH STATUS OF NATIVE HAWAIIANS TO THE HIGHEST POSSIBLE LEVEL: AN EXPANSIVE READING OF THE NATIVE HAWAIIAN HEALTH CARE IMPROVEMENT ACT |
24 Asian-Pacific Law and Policy Journal 120 (Fall, 2022) |
I. Introduction. 121 II. Kuleana: Trust and Responsibility. 123 A. A Brief History of the Colonization of Hawai'i. 124 B. Health Effects of Colonization. 127 C. The Trust Relationship. 129 III. The Native Hawaiian Health Care Improvement Act. 133 A. E Ola Mau. 134 B. The Text of the Act. 137 C. Papa Ola Lkahi. 140 D. E Ola Mau A Mau. 141 IV.... |
2022 |
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| John W. Davis |
TOM HORN, CATTLE KATE, AND LAW AND ORDER IN EARLY WYOMING |
45-OCT Wyoming Lawyer 38 (October, 2022) |
In early Wyoming, the territory and then the state suffered from profound problems with law and order. Lawyers and judges, more than any other groups, finally established and enforced rules stopping widespread lawlessness in the Cowboy State. This resort to violence had deep historical predicates. A good place to start is the Fort Laramie Treaty of... |
2022 |
Yes |
| Aila Hoss |
TOWARD TRIBAL HEALTH SOVEREIGNTY |
2022 Wisconsin Law Review 413 (2022) |
Introduction. 413 I. Tribal Sovereignty and Federal Indian Law. 416 II. Tribal Inherent Public Health Authority. 418 III. Indian Health Systems. 421 IV. Federal Indian Health Reform. 426 A. Health Reform Generally. 427 B. Amend 25 U.S.C. §231. 431 C. Ensure Tribal Public Health Data Access and Governance. 435 D. Reform Tribal Medicaid Policies. 437... |
2022 |
Yes |
| Angelique EagleWoman, Wambdi A. Was'teWinyan |
TRAILBLAZING AND LIVING A PURPOSEFUL LIFE IN THE LAW: A DAKOTA WOMAN'S REFLECTIONS AS A LAW PROFESSOR |
51 Southwestern Law Review 227 (2022) |
This Essay is a reflection from my perspective as a Dakota woman law professor on my fifth law school faculty. In the illuminating work of Meera Deo, light is shone on the experience of women of color legal academics. Unequal Profession: Race and Gender in Legal Academia is a book that should be required reading at every law school. As women of... |
2022 |
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| Kirsten D. Gerbatsch |
TREATY-BASED CLIMATE CHANGE CLAIMS: LITIGATION PATHWAYS IN THE FACE OF CULTURAL DEVASTATION |
45 Public Land & Resources Law Review 155 (2022) |
My ancestor . who signed the treaty . accepted the word of the United States--that this treaty would protect not only the Indian way of life for those then living, but also for all generations yet unborn. --Jerry Meninick, Citizen of the Yakama Nation I. Introduction. 156 II. Climate Change: Tribes' Unique Standing Includes Threats, Connections,... |
2022 |
Yes |
| Michael C. Blumm , Lizzy Pennock |
TRIBAL CONSULTATION: TOWARD MEANINGFUL COLLABORATION WITH THE FEDERAL GOVERNMENT |
33 Colorado Environmental Law Journal 1 (Winter, 2022) |
One of the bedrock principles of federal Indian law is a centuries-old understanding that the tribes, as domestic dependent nations, have a government-to-government relationship with the federal government, which has a trust obligation concerning the tribes, their sovereignty, and their cultural resources. Although this relationship was first... |
2022 |
Yes |
| Adam Crepelle |
TRIBAL LAW'S INDIAN LAW PROBLEM: HOW SUPREME COURT JURISPRUDENCE UNDERMINES THE DEVELOPMENT OF TRIBAL LAW AND TRIBAL ECONOMIES |
29 Virginia Journal of Social Policy and the Law 93 (Winter 2022) |
Reservation Indians are the poorest people in the United States; in fact, Indian country is commonly likened to the third world. Houses in Indian country often lack access to water and electricity. Reservation unemployment rates consistently linger at fifty percent. Many believe Indian country is lawless, so significant natural resource endowments... |
2022 |
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| |
TRIBAL SOVEREIGN IMMUNITY: WHAT IS IT, AND WHAT ARE ITS LIMITATIONS? |
47-JUL Montana Lawyer 14 (June/July, 2022) |
This month, Kathryn Seaton (KS), Montana Legal Services Association, and Jessie Big Knife (JBK), Chippewa Cree Tribal Attorney, discuss the ins and outs of tribal sovereign immunity. KS: Before we dive into a discussion on tribal sovereign immunity, let's start with the concept of sovereignty. What is sovereignty? What is its relationship and... |
2022 |
Yes |
| Robert J. Miller |
TRIBAL SOVEREIGNTY AND ECONOMIC EFFICIENCY versus THE COURTS |
97 Washington Law Review 775 (October, 2022) |
Abstract: American Indian reservations are the poorest parts of the United States, and a higher percentage of Indian families across the country live below the poverty line than any other ethnic or racial sector. Indian nations and Indian peoples also suffer from the highest unemployment rates in the country and have the highest substandard housing... |
2022 |
Yes |
| Clare Holtzman |
TRIBAL SOVEREIGNTY AND THE RIGHT TO LIFE |
32 Duke Journal of Comparative & International Law 467 (Spring, 2022) |
On August 26, 2020, the only Native American on federal death row, Lezmond Mitchell was executed by the federal government for the murder of two Navajo citizens on Navajo Nation land. Federal law typically gives Tribal Nations the right to determine whether the death penalty is used against their citizens for crimes committed between Tribal... |
2022 |
Yes |
| Ann E. Tweedy |
TRIBES, FIREARM REGULATION, AND THE PUBLIC SQUARE |
55 U.C. Davis Law Review 2625 (June, 2022) |
We stand at a crossroads with the United States Supreme Court seemingly poised, in New York State Rifle & Pistol Association v. Bruen, to expand the right of individualized self-defense first recognized in District of Columbia v. Heller, and shortly thereafter extended to states in McDonald v. City of Chicago. The Court's decision in Heller has... |
2022 |
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| Kace Rodwell , Michael Colbert Smith , Stephanie Hudson |
TRIBUTES TO STEVE HAGER |
46 American Indian Law Review 337 (2022) |
I first met Steve Hager at Sovereignty Symposium when he was presenting on the Indian Child Welfare Act (ICWA) for the Juvenile Law panel. I was just a 1L law student then, inspired by his passion for advocating for Tribal families and enforcing laws enacted to protect them. I knew then that I wanted to work alongside Steve and would later get that... |
2022 |
Yes |
| Peter Niesen |
TWO CHEERS FOR LOST SOVEREIGNTY REFERENDUMS: CAMPAIGNS FOR INDEPENDENCE AND THE POUVOIR CONSTITUANT MIXTE |
23 German Law Journal 44 (February, 2022) |
(Received 08 May 2021; accepted 23 August 2021) In this article, I bring together three recent ideas from political theory and constitutional law. The first is the notion developed by Jürgen Habermas and Markus Patberg of a pouvoir constituant mixte. Complex polities such as supra-state federations should be understood as constitutional entities... |
2022 |
Yes |
| Robert A. Mikos |
UNAUTHORIZED AND UNWISE: THE LAWFUL USE REQUIREMENT IN TRADEMARK LAW |
75 Vanderbilt Law Review 161 (January, 2022) |
For decades, the United States Patent and Trademark Office (PTO) has required trademark owners to comply with sundry nontrademark laws governing the sale of their trademarked goods and services. Pursuant to this lawful use requirement, the Agency has refused or even cancelled registration of thousands of marks used on everything from Schedule I... |
2022 |
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| Matthew L.M. Fletcher |
UNCOMFORTABLE TRUTHS ABOUT SOVEREIGNTY AND WEALTH |
27 Roger Williams University Law Review 288 (Spring, 2022) |
In 2007 my brother, Zeke Fletcher, represented the Grand Traverse Band of Ottawa and Chippewa Indians (GTB). He observed a public meeting in Whitewater Township, Grand Traverse County, Michigan. The meeting was concerned with the Department of the Interior's planned acquisition of lands in trust for GTB's benefit in an area where the tribe already... |
2022 |
Yes |
| Kevin M. Biglin |
USING THE PUBLIC TRUST DOCTRINE TO SHUT DOWN ENBRIDGE LINE 5 |
23 Rutgers Race & the Law Review 327 (2022) |
The Great Lakes constitute one of the world's largest fresh water supplies. Millions of people rely on the lakes for drinking water and over 800,000 jobs. Millions more seek out vacations along the shores of the Great Lakes. Particularly popular are the Straits of Mackinac, known for their history, natural landscape, and biodiversity. However,... |
2022 |
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| Katherine Florey |
WAITING FOR THE SMOKE TO CLEAR: THE COMPLICATED BEGINNINGS AND PROMISING FUTURE OF TRIBAL CANNABIS |
67 South Dakota Law Review 443 (2022) |
When the Obama administration first extended its hands-off marijuana policy to tribes as well as states, much of Indian Country celebrated, believing that federal tolerance would be an immediate boon for tribes. The reality of tribal cannabis has been rockier. Tribes' initial ventures into cannabis were clouded by state opposition, federal raids,... |
2022 |
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| Richard A. Monette |
WATER LAW IN NATIVE NATION TERRITORIES |
95-OCT Wisconsin Lawyer 10 (October, 2022) |
Maintaining access to sufficient clean water sometimes requires resort to the legal system. Determining rights to water on Indian land is a special exercise in choice of laws, jurisdiction, and balance of competing policies and cultures. Indian water rights law is complex, meandering through federal Indian law and several relatively distinct but... |
2022 |
|
| David P. Stewart , Diana A. A. Reisman |
WHO THINKS TREATIES ARE LIKE CONTRACTS? NOT JOHN MARSHALL |
37 American University International Law Review 945 (2022) |
I. INTRODUCTION. 946 II. WHY TREATIES ARE NOT LIKE CONTRACTS TODAY. 950 A. Differences in Nature and Purpose. 951 B. Substantive Rules and Principles. 958 i. Competence, Formation, and Validity. 959 ii. Third Parties. 962 iii. Non-Performance or Breach. 963 C. Rules and Methods of Interpretation. 970 i. Basic Rule. 973 ii. Negotiating History vs.... |
2022 |
Yes |
| Lorenzo E. Gudino |
WHO, WHAT, WHERE, AND HOW: THE FUNDAMENTAL ELEMENTS FOR CONTRACTS IMPLICATING TRIBAL SOVEREIGN IMMUNITY |
2022 Wisconsin Law Review 239 (2022) |
Introduction. 239 I. Tribal Sovereign Immunity's Doctrinal Underpinnings in the Commercial Context. 243 II. Waiver Jurisprudence. 247 III. Model Elements of Tribal Sovereign Immunity Contract Provisions. 250 A. Who Is Immune?. 251 B. What Is the Tribe Waiving or Not Waiving?. 255 C. Where Will Dispute Resolution Occur?. 257 D. How Will Enforcement... |
2022 |
Yes |
| Joshua J. Schroeder |
WHY COST/BENEFIT BALANCING TESTS DON'T EXIST: HOW TO DISPEL A DELUSION THAT DELAYS JUSTICE FOR IMMIGRANTS |
125 West Virginia Law Review 183 (Fall, 2022) |
In 2022, the U.S. Supreme Court nullified its earlier presumption that indefinite immigrant detention without bond hearings is unconstitutional under Zadvydas v. Davis. If Zadvydas is a nullity, those who raise due process balancing tests during the post-removal-period in immigrant habeas review may need to find new grounds for review. However,... |
2022 |
|
| Mengyun Ma |
WORKFORCE EQUALITY: THE CONSTITUTIONAL CONCEPTION OF EDUCATIONAL EQUALITY IN MAO-ERA CHINA |
17 University of Pennsylvania Asian Law Review 283 (2022) |
Introduction. 283 I. The Goal of Industrialization in the Constitutional Vision. 292 II. Conceiving Workforce Equality: Empowering Workers Through Education. 298 A. Popularizing Education for the Masses. 301 B. Combining Education with Industrial Production. 311 III. Whither Equality: Bridging the Gap Between Education and Employment. 319... |
2022 |
Yes |
| Roopa Bala Singh |
YOGA AS PROPERTY: A CENTURY OF UNITED STATES YOGA COPYRIGHTS, 1937-2021 |
99 Denver Law Review 725 (Summer, 2022) |
Public debate on yoga as property fixates on whether yoga should be owned, asking if yoga can be Indian property. Framed as such, the public discourse obscures a century-long, ravenous arc of yoga ownership in the United States, accumulated by whiteness, beginning in the early twentieth century. What do the stories of yoga in American law tell us... |
2022 |
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| Hannah Duncan |
YOUTH ALWAYS MATTERS: REPLACING EIGHTH AMENDMENT PSEUDOSCIENCE WITH AN AGE-BASED BAN ON JUVENILE LIFE WITHOUT PAROLE |
131 Yale Law Journal 1936 (April, 2022) |
The Supreme Court has placed restrictions on courts' ability to impose life-with-out-parole sentences on juveniles. Most recently, Jones v. Mississippi underscored how existing Eighth Amendment protections fail to extend categorical protection to all juveniles. Tracing the history of intrachildhood classifications, this Note argues that Jones's... |
2022 |
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| |
YSLETA DEL SUR AND ALABAMA AND COUSHATTA INDIAN TRIBES OF TEXAS RESTORATION ACT--FEDERAL INDIAN LAW--STATUTORY INTERPRETATION--YSLETA DEL SUR PUEBLO v. TEXAS |
136 Harvard Law Review 490 (November, 2022) |
It is hornbook law that standard principles of statutory interpretation do not have their usual force in cases involving Indian law. The Indian canons of construction counsel liberal interpretation of statutes and treaties in favor of Native nations. But no matter what the hornbooks say, the Supreme Court relies on the canons only sporadically... |
2022 |
Yes |
| Richard Spradlin |
ZONING, NATURAL RESOURCES, AND RECLAMATION: OPPORTUNITIES FOR ENVIRONMENTAL JUSTICE IN A FLOWERING INDUSTRY |
23 Vermont Journal of Environmental Law 374 (Summer, 2022) |
Introduction. 375 I. Racialized Criminalization and Attempted Restoration. 377 A. Criminalization. 377 B. Legalization. 379 1. Canna-colonialism. 379 II. Relationship Between the Environment and Cannabis Cultivation/Production. 383 III. EJ and Cannabis: Considerations and Opportunities. 389 A. Zoning, Licensing, and Community Rebuilding. 390 B.... |
2022 |
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| Amanda Frost |
"BY ACCIDENT OF BIRTH": THE BATTLE OVER BIRTHRIGHT CITIZENSHIP AFTER UNITED STATES v. WONG KIM ARK |
32 Yale Journal of Law & the Humanities 38 (Summer, 2021) |
In theory, birthright citizenship has been well established in U.S. law since 1898, when the Supreme Court held in United States v. Wong Kim Ark that all born on U.S. soil are U.S. citizens. The experience of immigrants and their families over the last 120 years tells a different story, however. This article draws on government records documenting... |
2021 |
Yes |
| Heather D. Schafroth |
"CUI BONO FUISSET": COORDINATING U.S. TAX STATUES WITH U.S. TAX TREATIES |
40 Virginia Tax Review 371 (Winter, 2021) |
When attempting to resolve a potential conflict between a U.S. tax statute and a U.S. tax treaty provision, how much should it matter whether the statue was enacted before or after the ratification of the treaty? Examining the history of the later-in-time rule and related principles used in coordinating treaties and statutes suggests that the... |
2021 |
Yes |
| Neil Fulton |
"IT IS NOT NECESSARY FOR EAGLES TO BE CROWS.": WINTER COUNTS. DAVID HESKA WANBLI WEIDEN. ECCO, 2020. 325 PP. (ISBN 9780062968944) |
66 South Dakota Law Review 200 (2021) |
In his novel Winter Counts author David Heska Wanbli Weiden takes readers to the heart of modern life in Indian Country. Set on the Rosebud Indian Reservation in south central South Dakota, home of the Sicangu Lakota people, his novel is a compelling crime thriller. But it does more than tell an exciting tale. Through the lives of its characters,... |
2021 |
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| Allison McKenzie |
"RIGHTS OF NATURE: THE EVOLUTION OF PERSONHOOD RIGHTS" |
9 Joule: Duquesne Energy & Environmental Law Journal 1 (Spring, 2021) |
Recently, there has been a growing movement to grant rights to certain aspects of nature among indigenous tribes and their supporting advocates in the United States as well as other places throughout the world. These rights are specifically called Rights of Nature, and are essentially a tool being used to grant legal standing to various aspects... |
2021 |
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| Monica Krup |
"RIOT BOOSTING": SOUTH DAKOTA'S INTEGRATION OF ENVIRONMENTAL, INDIGENOUS, AND FIRST AMENDMENT CONCERNS AND THE RHETORIC ON PROTEST |
22 Rutgers Race & the Law Review 293 (2021) |
In early 2019, the South Dakota legislature passed an urgent law that punishes and criminalizes those who participate in riots throughout the state. The law was a clear infringement on First Amendment Freedom of Speech and Freedom of Association rights and was executed as a direct response to the Standing Rock protests occurring in North Dakota... |
2021 |
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| George Dylan Boan |
"SAY THE MAGIC WORDS": HOW SOVEREIGN IMMUNITY ABSOLVES THE FEDERAL GOVERNMENT FROM ITS OBLIGATIONS UNDER THE FAIR CREDIT REPORTING ACT |
99 North Carolina Law Review 1617 (September, 2021) |
In the many decades following World War II, America has become a country run on credit. Hardly a day passes in which the average citizen has not been offered a new credit card, loan, or opportunity to refinance their existing debt. Underpinning it all is a vast credit ecosystem processing incredible amounts of data. When Congress passed the Fair... |
2021 |
Yes |
| Lucas S. Stegman |
"TAKE"-ING A NEW APPROACH TO THE LACEY ACT: HOW THE COMMERCE CLAUSE ENABLES THE LACEY ACT TO PROHIBIT TAKE OF PROTECTED SPECIES |
51 Texas Environmental Law Journal 325 (Summer, 2021) |
I. Introduction. 326 II. The Problem of Wildlife Trafficking. 328 A. The Wildlife Trade: United States as Destination. 330 B. The Wildlife Trade: United States as Source. 332 C. United States' Laws Regulating the Wildlife Trade. 333 III. The Lacey Act. 334 A. History of the Lacey Act. 334 B. Terms and Structure of the Lacey Act. 336 C. Lacey Act... |
2021 |
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| Kayla Molina |
"THE DESERT IS OUR HOME" |
45 American Indian Law Review 125 (2021) |
The U.S.--Mexico border divides the Tohono O'odham Nation in southern Arizona. The Nation governs and provides services for its members on both sides of the countries' borders. It is the second-largest [tribal nation] in the U.S., by land holdings--sit[ting] on an estimated 2.7 million acres in southern Arizona's Sonoran Desert. According to the... |
2021 |
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| Edward C. Beach, Jr. |
"THE GOOD OF EACH OF THE PARTS": A COLLECTIVE ACTION UNDERSTANDING OF THE TREATY CLAUSE |
16 Duke Journal of Constitutional Law & Public Policy 279 (Spring, 2021) |
Article II, Section 2 of the Constitution gives the President the power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur. The Supremacy Clause gives treaties--like federal statutes--the status of supreme law in the constitutional system. But the process for concluding treaties... |
2021 |
Yes |
| Joseph Palandrani |
"THE RULE OF THE STRONG, NOT THE RULE OF LAW": REEXAMINING IMPLICIT DIVESTITURE AFTER MCGIRT v. OKLAHOMA |
89 Fordham Law Review 2375 (April, 2021) |
In McGirt v. Oklahoma, the U.S. Supreme Court found that the boundaries of the Muscogee (Creek) Nation, which were set in 1866 and which encompass a large swath of present-day Oklahoma, remain intact. Although non-Indigenous people had settled on the land in droves by the early twentieth century, the Court held that the land remains Indian... |
2021 |
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| Maci Burke |
A CALL TO CONGRESS: A CONSTITUTIONAL INDIAN CHILD WELFARE ACT IS NOT A FLAWLESS INDIAN CHILD WELFARE ACT |
39 Minnesota Journal of Law & Inequality 191 (Winter, 2021) |
In 1978, Congress enacted the Indian Child Welfare Act (ICWA), to regulate the removal and placement of Indian children in foster care, the termination of parental rights, preadoptive placement, and adoptive placement. The ICWA was enacted to address rising concerns over abusive child welfare practices that resulted in the separation of large... |
2021 |
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| Julie Combs |
A COHERENT ETHIC OF LAWYERING IN POST-MCGIRT OKLAHOMA |
56 Tulsa Law Review 501 (Spring, 2021) |
I. Introduction. 501 II. Federal Indian Law at the High Court. 503 III. Competent and Diligent Representation of Autochthonous Populations. 505 A. Ethical Representation When Indigenous Activism Is on Trial. 506 B. The Search for a Lawyer of Established Competence in the Field. 508 IV. The Organizational Hierarchy and Group Constituents:... |
2021 |
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| Assaf Likhovski |
A COLONIAL LEGAL LABORATORY? JURISPRUDENTIAL INNOVATION IN BRITISH INDIA |
69 American Journal of Comparative Law 44 (Spring, 2021) |
In this Article, I examine jurisprudence textbooks and related works written in British India in the late nineteenth and early twentieth centuries. Some of the jurisprudential works from India were not merely summaries of the leading English books, but were different from English works in three senses. First, the gap between English theories and... |
2021 |
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| Dylan R. Hedden-Nicely , Stacy L. Leeds |
A FAMILIAR CROSSROADS: MCGIRT v. OKLAHOMA AND THE FUTURE OF THE FEDERAL INDIAN LAW CANON |
51 New Mexico Law Review 300 (Summer, 2021) |
Federal Indian law forms part of the bedrock of American jurisprudence. Indeed, critical parts of the pre-civil war constitutional canon were defined in Federal Indian law cases that simultaneously provided legal justification for American westward expansion onto unceded Indian lands. As a result, Federal Indian law makes up an inextricable part of... |
2021 |
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| Noelia Gravotta |
A GREAT NATION KEEPING ITS WORD: THE ROLE OF TRIBAL TREATY RIGHTS IN CLIMATE CHANGE LITIGATION |
29 New York University Environmental Law Journal 118 (2021) |
Introduction. 118 I. Trends in Climate Litigation. 122 A. Obstacles to Climate Change Litigation. 124 B. The Potential of Indian Law to Surmount These Litigation Obstacles. 129 II. Indian Treaty Rights. 133 A. Background on Indian Treaties and Resource Rights. 133 B. The Impact of Climate Change on Treaty Resource Rights. 140 III. Suits Against... |
2021 |
Yes |
| Paul Stanton Kibel |
A HUMAN FACE TO INSTREAM FLOW: INDIGENOUS RIGHTS TO WATER FOR SALMON AND FISHERIES |
35 Emory International Law Review 377 (2021) |
In the United States and throughout the world, there are many indigenous peoples whose culture and identity are closely connected to salmon and fisheries. Such salmon and fisheries are often dependent on maintaining adequate instream flows of water in rivers. Indigenous groups in the United States and in other countries have increasingly relied on... |
2021 |
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