AuthorTitleCitationSummaryYearKey Terms
William K. Meheula III, Esq. A LITIGATOR'S APPROACH TO ISSUES CONCERNING EXERCISE AND PROTECTION OF NATIVE HAWAIIAN TRADITIONAL AND CUSTOMARY RIGHTS 43 University of Hawaii Law Review 592 (Summer, 2021) This comment focuses on considerations litigators in Chapter 91 administrative and judicial proceedings must be prepared to analyze when pursuing or defending a claim involving impacts to Native Hawaiian traditional and customary rights and the natural and cultural resources that support these practices. The exercise and protection of Native... 2021  
Sara L. Ochs A NATIONAL TRUTH COMMISSION FOR NATIVE AMERICANS 36 Wisconsin Journal of Law, Gender & Society 1 (Spring, 2021) Native Americans have endured centuries of genocide. What began as a systemic attempt by European colonialists to decimate the indigenous population subsequently evolved into more subtle, devastating acts intended to destroy indigenous culture. Today, Native Americans remain the subject of ongoing discrimination and human rights abuses, especially... 2021  
Christina D. Ponsa-Kraus A PERFECTLY EMPTY GIFT 119 Michigan Law Review 1223 (April, 2021) Almost Citizens: Puerto Rico, the U.S. Constitution, and Empire. By Sam Erman. Cambridge: Cambridge University Press. 2019. Pp. xv, 275. Cloth, $49.99; paper, $29.99. Almost citizens. What does that even mean? It's like being kind of pregnant, isn't it? In other words, nonsense. Citizenship isn't an almost kind of thing. It's all or nothing.... 2021  
Henan Hu A PHILOSOPHICAL INQUIRY INTO THE CONCEPT OF TERRITORIAL SOVEREIGNTY: A NEW ANALYTICAL FRAMEWORK OF THE TERRITORIAL DISPUTES IN THE CHINA SEAS 4 Cardozo International & Comparative Law Review 463 (Winter, 2021) Existing normative legal efforts that focus on territorial acquisition, appear inadequate in providing a uniform and final answer to the issue of territorial disputes in the South and East China Seas. China's historical claims are a unique and difficult issue therein. This article returns legal attention to the central concept of territorial... 2021 Yes
Josh Martin A TRANSNATIONAL LAW OF THE SEA 21 Chicago Journal of International Law 419 (Winter, 2021) It is widely accepted that we are presently struggling to govern the vast expanse of the ocean effectively. This Article finally gets to the real cause of much of the failures of the law of the sea: Westphalian sovereignty. In particular, it evidences that certain features of our obstinate model of public international law--such as sovereign... 2021 Yes
M. June Harris A VIEW FROM TRIBAL COURT 57-AUG Arizona Attorney 14 (July/August, 2021) A trait shared by successful tribal court practitioners is their respect for tribal sovereignty. Whether working in private practice or working for a tribal government, these tribal court practitioners show their respect by knowing the tribal constitution, tribal law and tribal court procedure, and by showing awareness of tribal custom and... 2021 Yes
Stacy Leeds , Lonnie Beard A WEALTH OF SOVEREIGN CHOICES: TAX IMPLICATIONS OF MCGIRT v. OKLAHOMA AND THE PROMISE OF TRIBAL ECONOMIC DEVELOPMENT 56 Tulsa Law Review 417 (Spring, 2021) I. Introduction. 418 A. Overview of McGirt's Tax Implications for the Five Tribes and Oklahoma. 420 B. Possible Tax Impact for other Indigenous Nations. 422 C. Scope of This Article. 424 D. Summary of Technical Tax Issues Arising from McGirt. 424 II. States, Local Governments, and Tribes as Taxing Sovereigns. 424 A. An Overview. 424 B. Territorial... 2021 Yes
Theresa Rocha Beardall, J.D., Ph.D. , Frank Edwards, Ph.D. ABOLITION, SETTLER COLONIALISM, AND THE PERSISTENT THREAT OF INDIAN CHILD WELFARE 11 Columbia Journal of Race and Law 533 (July, 2021) Family separation is a defining feature of the U.S. government's policy to forcibly assimilate and dismantle American Indian and Alaska Native (AIAN) tribal nations. The historical record catalogues the violence of this separation in several ways, including the mass displacement of Native children into boarding schools throughout the 19th century... 2021  
Nicholas J. Diamond, Kabir A.N. Duggal ADDING NEW INGREDIENTS TO AN OLD RECIPE: DO ISDS REFORMS AND NEW INVESTMENT TREATIES SUPPORT HUMAN RIGHTS? 53 Case Western Reserve Journal of International Law 117 (Spring, 2021) The investor-State dispute settlement (ISDS) system has been undergoing significant change along two fronts. First, multi-stakeholder efforts, primarily led by States via the United Nations Commission on International Trade Law (UNCITRAL), have recently been considering various largely procedural reform options. Second, international investment... 2021 Yes
Robert Snigaroff , Craig Richards ALASKA NATIVE CORPORATION ENDOWMENT MODELS 38 Alaska Law Review 1 (June, 2021) New settlement trust provisions in the Tax Cuts and Jobs Act of 2017 have significant implications for Alaska Native Corporation (ANC) business longevity and the appropriateness of an operating business model given ANC goals as stated in their missions. The Alaska Native Claims Settlement Act (ANCSA) authorized the creation of for-profit... 2021  
Tom Callahan ALASKA NATIVE HUNTING AND FISHING RIGHTS IN A CHANGING CLIMATE: KATIE JOHN, STURGEON, AND A PATH FORWARD 68 UCLA Law Review 518 (August, 2021) Climate change creates a worldwide threat that is distributed unequally across the globe. Alaska Natives are uniquely vulnerable to climate change, both because it is impacting the Arctic more than other regions and because of the importance of traditional hunting and fishing practices to Alaska Native culture. The fact that climate change is... 2021  
Kyle E. Scherer ALASKA'S TRIBAL TRUST LANDS: A FORGOTTEN HISTORY 38 Alaska Law Review 37 (June, 2021) Since the enactment of the Alaska Native Claims Settlement Act in 1971, there has been significant debate over whether the Secretary of the Interior should accept land in trust for the benefit of federally recognized tribes in Alaska. A number of legal opinions have considered the issue and have reached starkly different conclusions. In 2017, the... 2021  
  ALGERIA ISSUES LIST OF STRATEGIC ACTIVITIES FOR FOREIGN DIRECT INVESTMENT 32 Journal of International Taxation 06 (August, 2021) Algeria's Complementary Finance Act for 2020 and the Finance Act for 2021 have modified the legal provision that requires each foreign investor to have at least a 51% equity stake owned by an Algerian resident. Accordingly, this rule, known as the 49/51 rule, is no longer a condition for the creation of a legal entity under Algerian law by a... 2021  
Will R. Gallagher ALLEN v. COOPER: RAISING THE FLAG OF SOVEREIGN IMMUNITY IN THE SHIFTING SEAS OF COPYRIGHT 80 Maryland Law Review 1221 (2021) The expansion of maritime trade in the mid-1600s sparked the Golden Age of Piracy, when fearless privateers plundered the high seas for fame and fortune. One of the most infamous pirates of this era, Blackbeard, left plenty of both for the history books. As traditional piracy has faded from our shores, digital piracy has largely taken its place.... 2021 Yes
Govind Persad ALLOCATING MEDICINE FAIRLY IN AN UNFAIR PANDEMIC 2021 University of Illinois Law Review 1085 (2021) America's COVID-19 pandemic has both devastated and disparately harmed minority communities. How can the allocation of scarce treatments for COVID-19 and similar public health threats fairly and legally respond to these racial disparities? Some have proposed that members of racial groups who have been especially hard-hit by the pandemic should... 2021  
Jim Walters , Melissa Blasing , Program Administrator, Amber Alert Training and Technical Assistance Program, Program Manager, AMBER Alert Training and Technical Assistance Program AMBER ALERT IN INDIAN COUNTRY 69 Department of Justice Journal of Federal Law and Practice 21 (January, 2021) On May 2, 2016, Pamela Foster's world shattered in a million pieces. That was the day a predator took the promising life of her 11-year-old daughter, Ashlynne Mike. Ashlynne's abduction, rape, and murder on the Navajo reservation in northwest New Mexico is considered one of the worst crimes ever to hit the Navajo Nation. It also exposed a... 2021  
Noelani Nasser AMERICAN IMPERIALISM IN HAWAI'I: HOW THE UNITED STATES ILLEGALLY USURPED A SOVEREIGN NATION AND GOT AWAY WITH IT 48 Hastings Constitutional Law Quarterly 319 (Winter, 2021) In 1778, England's Captain Cook first landed on the Hawaiian Islands. Since then, the Native Hawaiians have struggled to maintain their indigenous identity as distinct from the outside world and indigenous to Hawai'i. In the one thousand years preceding this early invasion, Native Hawaiians established unique political structures and cultural... 2021 Yes
Delight E. Satter , Laura M. Mercer Kollar , Public Health Writing Group on Missing or Murdered Indigenous Persons, Debra O'Gara ‘Djik Sook’ , Senior Health Scientist, Centers for Disease Control and Prevention, Behavioral Scientist, Centers for Disease C AMERICAN INDIAN AND ALASKA NATIVE KNOWLEDGE AND PUBLIC HEALTH FOR THE PRIMARY PREVENTION OF MISSING OR MURDERED INDIGENOUS PERSONS 69 Department of Justice Journal of Federal Law and Practice 149 (March, 2021) Violence against American Indian and Alaska Native (AIAN) women, children, two-spirit individuals, men, and elders is a serious public health issue. Violence may result in death (homicide), and exposure to violence has lasting effects on the physical and mental health of individuals, including depression and anxiety, substance abuse, chronic and... 2021  
Brian K. Davis AMERICAN SAMOA AND THE WEIGHT OF CITIZENSHIP 34-OCT Utah Bar Journal 22 (September/October, 2021) Jus soli (right of the soil), otherwise known as birthright citizenship, is a right nearly all Americans recognize and presume to be true for any person born on American soil. But for the nearly 55,000 residents of American Samoa, a U.S. territory in the South Pacific, this is not the case. Indigenous people born in American Samoa are considered... 2021  
Chloe Moyer AN OKLAHOMA TRIBAL EMPLOYER'S GUIDE TO CONDUCTING BUSINESS IN THE TENTH CIRCUIT 45 Oklahoma City University Law Review 215 (Spring, 2021) Native American tribes have been regulating and conducting business enterprises and gaming facilities for hundreds of years. Since the passage of the Oklahoma Indian Gaming Compact in 2004, Oklahoma has thirty-five tribal Nations that operate; according to the Oklahoma Indian Gaming Association, 130 gaming facilities with approximately 72,850... 2021  
Judith M. Dworkin , Joe W. Keene , Candace D. French AN OPPORTUNITY ARISES 57-AUG Arizona Attorney 38 (July/August, 2021) While no Indian tribe in Arizona has yet entered the rapidly expanding marijuana industry, Arizona's recent passage of Proposition 207 provides new opportunities and legal considerations for the 22 tribes here in Arizona. Currently, marijuana is a Schedule I Controlled Substance under the Controlled Substances Act. The act is considered a federal... 2021  
Scott A. Carriere, University of Calgary ANDREW PHILLIPS AND J.C. SHARMAN, OUTSOURCING EMPIRE: HOW COMPANY-STATES MADE THE MODERN WORLD, PRINCETON: PRINCETON UNIVERSITY PRESS, 2020. PP 272. $40.99 HARDCOVER (ISBN 9780691203515). DOI:10.1017/S0738248021000055 39 Law and History Review 211 (February, 2021) Andrew Phillips and J.C. Sharman have written a brilliant exposition of Company-States--corporate entities endowed with sovereign powers that ruled vast swathes of the globe throughout the seventeenth, eighteenth, and nineteenth centuries--and the impact that they had in shaping the nature of empire and its colonial legacy. Outsourcing Empire... 2021 Yes
Kekek Jason Stark ANISHINAABE INAAKONIGEWIN: PRINCIPLES FOR THE INTERGENERATIONAL PRESERVATION OF MINO-BIMAADIZIWIN 82 Montana Law Review 293 (Summer, 2021) I. Introduction. 293 II. Anishinaabe Law. 295 III. Mino-Bimaadiziwin - To Live a Good Life in Harmony with Creation. 303 IV. Seven Grandfather Teachings. 306 A. Wisdom. 306 B. Love. 309 C. Respect. 312 D. Bravery. 313 E. Honesty. 314 F. Humility. 315 G. Truth. 317 V. Traditional Governance Structure. 318 VI. The Implementation of Traditional Law... 2021  
Nedim Hogic, Imad Antoine Ibrahim ARCTIC INDIGENOUS COMMUNITIES AND ANTARCTIC ICEBERGS AS SUBJECTS OF INTER-LEGALITY 57 Stanford Journal of International Law 105 (Winter, 2021) The development of different specialized legal regimes that often address the same issues has led to a well-known phenomenon of fragmentation of international law. This phenomenon often leads to a clash of norms. In this article, authors attempt to use a new theoretical framework of Inter-Legality which addresses the situation of competing... 2021  
Frédéric Mégret ARE THERE "INHERENTLY SOVEREIGN FUNCTIONS" IN INTERNATIONAL LAW? 115 American Journal of International Law 452 (July, 2021) Privatization of functions that were traditionally considered sovereign has reached new heights. International lawyers have responded mostly by seeking to limit some of the consequences of that phenomenon, by, for example, ensuring accountability of states for outsourcing. International law has sometimes appeared agnostic, however, about the very... 2021 Yes
Olwyn Conway ARE THERE STORIES PROSECUTORS SHOULDN'T TELL?: THE DUTY TO AVOID RACIALIZED TRIAL NARRATIVES 98 Denver Law Review 457 (Spring, 2021) The purportedly race-neutral actions of courts and prosecutors protect and perpetuate the myth of colorblindness and the legacy of white supremacy that define the American criminal system. This insulates the criminal system's racially disparate outcomes from scrutiny, thereby precluding reform. Yet prosecutors remain accountable to the electorate.... 2021  
  ARGENTINA REGULATIONS FOR PROMOTIONAL REGIME FOR KNOWLEDGE-BASED ECONOMY 32 Journal of International Taxation 05 (June, 2021) On 22 March 2021, Argentina's federal tax authorities (AFIP for the Spanish acronym) published, in the Official Gazette, General Resolution 4949/2021 (Resolution 4949), which contains the regulations establishing the procedure for taxpayers to register for the promotional regime and how to use the tax credits bonds issued by National Direction of... 2021  
Elizabeth Newland AROUND THE WORLD: INDIGENOUS CHILDREN IN CANADA'S FOSTER CARE SYSTEM: BILL C-92 AND THE IMPORTANCE OF CULTURAL IDENTITY 42 Children's Legal Rights Journal 59 (2021) This article addresses the historical colonization of Indigenous people in Canada and how this is continued through the Canadian child welfare system. It will examine the history of colonialism of Indigenous children in Canada, specifically through the creation of residential schools, the increase of Indigenous children in foster care through the... 2021  
Addie C. Rolnick ASSIMILATION, REMOVAL, DISCIPLINE, AND CONFINEMENT: NATIVE GIRLS AND GOVERNMENT INTERVENTION 11 Columbia Journal of Race and Law 811 (July, 2021) A full understanding of the roots of child separation must begin with Native children. This Article demonstrates how modern child welfare, delinquency, and education systems are rooted in the social control of indigenous children. It examines the experiences of Native girls in federal and state systems from the late 1800s to the mid-1900s to show... 2021  
Joshua Santangelo BANKRUPTING TRIBES: AN EXAMINATION OF TRIBAL SOVEREIGN IMMUNITY AS REPARATION IN THE CONTEXT OF SECTION 106(A) 37 Emory Bankruptcy Developments Journal 325 (2021) This Comment concerns section 106(a) of the Bankruptcy Code, which abrogates sovereign immunity of a State, a Commonwealth, a District, a Territory, a municipality, or a foreign state; or other foreign or domestic government. A circuit split exists as to whether this section applies to Native Nations. The Sixth Circuit interpreted this section to... 2021 Yes
Arpitha Kodiveri BEING, BECOMING AND (UN)BECOMING INDIGENOUS? INDIGENEITY, HUMAN RIGHTS, AND CLIMATE CHANGE IN INDIA 38 Wisconsin International Law Journal 232 (Spring, 2021) Is conservation a choice for our community or is it our duty in exchange for rights? asked a young Adivasi from Kondingamali, a bauxite-rich hill range in the eastern Indian state of Odisha. This brief encounter with a young Adivasi in Kodingamali brings to light that the Indigeneity embodied in India's legal regime and international law hinges... 2021  
Russell Fowler BENITO JUÁREZ, PRO BONO LAWYER 57-AUG Tennessee Bar Journal 45 (July/August, 2021) The law has always been my sword and my shield. --Benito Juárez It was 1835. In the remote Mexican village of Loxicha, a group of poor, illiterate Zapotec Indians were mistreated by their local priest. He took what little money they had and forced them to work for less than the law allowed. The frightened band finally summoned the courage to make... 2021  
Glennas'ba Augborne Arents , April E. Olson BENT, BUT NOT BROKEN 57-AUG Arizona Attorney 62 (July/August, 2021) There is a term for a judicial decision that does nothing more than opine on what the law should be: an advisory opinion. That is what the roughly 300 pages you just read amount to. --Judge James Dennis, Brackeen v. Haaland On April 6, 2021, after waiting 14 months to learn whether the Indian Child Welfare Act (ICWA) would survive, the United... 2021  
Kalika Mehta , Avantika Tiwari BETWEEN SEXUAL VIOLENCE AND AUTONOMY: RETHINKING THE ENGAGEMENT OF THE INDIAN WOMEN'S MOVEMENT WITH CRIMINAL LAW 22 German Law Journal 860 (August, 2021) (Received 06 July 2021; accepted 07 July 2021) The aftermath of protests triggered by a brutal gang-rape in New Delhi in December 2012 was archetypal of the broader women's movement in post-independence India. The primary demands of the social movement to address sexual violence against women were wrapped in the language of rights-based reforms in... 2021  
  BRAZILIAN TAX AUTHORITY RULES AGAINST WITHHOLDING TAX ON CROSS-BORDER INSURANCE PREMIUMS 32 Journal of International Taxation 06 (December, 2021) In Private Letter Ruling (PLR) No. 138 of 20 September 2021, the Brazilian Tax Authority provided welcome guidance as it ruled that, under the rules of the Brazil-Norway double tax treaty, withholding tax does not apply to insurance premiums paid to a Norwegianinsurance company without a permanent establishment in Brazil. A Brazilian resident... 2021 Yes
Monte Mills, Martin Nie BRIDGES TO A NEW ERA: A REPORT ON THE PAST, PRESENT, AND POTENTIAL FUTURE OF TRIBAL CO-MANAGEMENT ON FEDERAL PUBLIC LANDS 44 Public Land & Resources Law Review 49 (2021) Introduction. 52 Executive Summary. 54 A. Tribal Co-Management. 55 B. Bridges to Tribal Co-Management. 57 C. Tribal Consultation. 57 D. Contracting and Compacting. 58 E. The National Historic Preservation Act and Native American Traditional Cultural Properties, Districts and Landscapes. 59 F. Federal Public Lands Planning. 59 G. Bridges to a New... 2021  
Leigh Hawley BUILDING A BASKETBALL ARENA ON TRIBAL LAND: A COLLABORATIVE APPROACH FOR THE NATIONAL BASKETBALL ASSOCIATION AND AMERICAN INDIAN TRIBES 10 Arizona State Sports & Entertainment Law Journal 57 (Spring, 2021) During the 2020 Coronavirus Pandemic, more professional athletes began using their platforms to voice concern and raise awareness about social justice issues. Many professional athletes come from diverse racial and ethnic backgrounds. Through these athletes' voices, the concerns for the oppressed, underserved, and impoverished communities are heard... 2021  
Taylor Henshaw, Richard Kyle Paisley, Glen Hearns BUILDING CLIMATE CHANGE AND ECOSYSTEM-BASED FUNCTION CONSIDERATIONS INTO A MODERNIZED COLUMBIA RIVER TREATY: A COMMENTARY 57 Idaho Law Review 151 (2021) C1-2TABLE OF CONTENTS I. INTRODUCTION. 151 II. THE COLUMBIA RIVER BASIN. 153 III. THE COLUMBIA RIVER TREATY. 154 IV. BUILDING CLIMATE CHANGE CONSIDERATIONS INTO THE CRT. 155 V. BUILDING ECOSYSTEM FUNCTION INTO THE CRT. 167 2021 Yes
Toby S. Goldbach BUILDING THE ABORIGINAL CONFERENCE SETTLEMENT SUITE: HOPE AND REALISM IN LAW AS A TOOL FOR SOCIAL CHANGE 46 Law and Social Inquiry 116 (February, 2021) In 2014, the provincial government unveiled a new courthouse in Thunder Bay, Ontario, featuring a conference area designed to emulate an Anishinaabe roundhouse. The Aboriginal Conference Settlement Suite epitomizes efforts to support Indigenous justice within the criminal justice system. However, despite similar efforts in the past, the... 2021  
Dr. Xu Qian CAN INFRINGEMENTS ON FREEDOM OF EXPRESSION AMOUNT TO INVESTMENT TREATIES VIOLATIONS? REFLECTIONS ON THE AL JAZEERA v. EGYPT DISPUTE 66 Wayne Law Review 483 (Winter, 2021) 484 I. Introduction. 485 II. The Question of the ICSID Arbitral Tribunal's Jurisdiction. 491 A. Some Potential Objections to Jurisdiction. 492 1. Criminal Issue--The Subject Matter of the Dispute (Jurisdiction Ratione Materiae). 493 a. The Dispute. 494 b. The Legal Nature of the Dispute. 494 c. The Directness of the Dispute in Relation to... 2021 Yes
Brandon Naquin CANALS, COMMUNITY, AND COASTAL PERMITS: OVERCOMING INADEQUATE REMEDIES FOR EROSION WITHIN THE BARATARIA-TERREBONNE NATIONAL ESTUARY 70 Emory Law Journal 663 (2021) The Barataria-Terrebonne National Estuary has lost over 934 square miles of land since 1932, causing a mass exodus of communities within the estuary, including the Biloxi-Chitimacha-Choctaw tribe of Isle de Jean Charles. Though some of this erosion can be attributed to rising sea levels and natural subsidence, scientists now realize that the... 2021  
  Central Va. Cmty. College v. Katz : How Is It Faring Fifteen Years On? 30 Norton Journal of Bankruptcy Law and Practice 2 (June 1, 2021) Karen Cordry is Bankruptcy Counsel for the National Association of Attorneys General (NAAG) where she provides advice, assistance, and representation to the state Attorneys Generals with respect to bankruptcy issues that arise in their work on behalf of their state and its citizens. After she obtained her J.D. from Antioch School of Law in 1977,... 2021  
Elizabeth Kronk Warner, Kathy Lynn, Kyle Whyte CHANGING CONSULTATION 68-APR Federal Lawyer 54 (March/April, 2021) Examples abound of both historic and modern situations where the federal government and tribes failed to engage in effective consultation. Yet, numerous reasons exist--such as effective management of natural resources and the negative impacts of climate change--for tribes and the federal government to engage in effective consultation. Effective... 2021  
  CHAPTER 21 INDIGENOUS COMMUNITIES AND ADOPTION 86 IUS Gentium 895 (2021) The following working definition of indigenous communities, peoples and nations has been suggested by Martinez Cobo: Indigenous communities, peoples and nations are those which having a historical continuity with pre-invasion and pre-colonial societies that developed on their territories, consider themselves distinct from other sectors of the... 2021  
Daniel Epps CHECKS AND BALANCES IN THE CRIMINAL LAW 74 Vanderbilt Law Review 1 (January, 2021) The separation of powers is considered essential in the criminal law, where liberty and even life are at stake. Yet the reasons for separating criminal powers are surprisingly opaque, and the separation of powers is often used to refer to distinct, and sometimes contradictory, concepts. This Article reexamines the justifications for the... 2021  
Christopher Afgani CHOOSING LIFE OVER LIBERTY AND PROPERTY: ENVIRONMENTAL JUSTICE IN A WORLD RAVAGED BY CLIMATE CHANGE 68 UCLA Law Review 786 (October, 2021) Harms to communities of color and poor communities are set to increase in light of climate change. These communities are vulnerable to climate-induced disasters largely because of historical, social and economic inequities. While this is generally true for vulnerable communities throughout the world, the scope of this Comment is limited to... 2021  
Ben Covington CLOSING THE TOUHY GAP: THE APA, THE FRCP, AND NONPARTY DISCOVERY AGAINST FEDERAL ADMINISTRATIVE AGENCIES 121 Columbia Law Review 369 (March, 2021) In the 1951 case United States ex rel. Touhy v. Ragen, the Supreme Court determined that courts can't hold federal agency officials in contempt for refusing to comply with nonparty subpoenas if they do so pursuant to valid agency regulations. Though the Court suggested that litigants could still challenge these noncompliance decisions, it didn't... 2021 Yes
Heath Albert COEUR D'ALENE TRIBE v. HAWKS: WHY FEDERAL COURTS HAVE THE POWER TO RECOGNIZE AND ENFORCE TRIBAL COURT JUDGMENTS AGAINST NONMEMBERS "BECAUSE OF THE FEDERAL GOVERNMENT'S UNIQUE RELATIONSHIP WITH INDIAN TRIBES" 45 American Indian Law Review 167 (2021) Lake Coeur d'Alene and the St. Joe River are long, winding bodies of water found in Northwest Idaho. To the Coeur d'Alene Tribe, these waters are sacred and foundational to the Tribe's culture. The lake and river make up part of the Coeur d'Alene Tribe Reservation and are partially owned by the Tribe. Because of the great reverence with which it... 2021  
Andrew D. Cliburn , Hillary M. Hoffmann COMING HOME AGAIN: TRIBAL SOVEREIGNTY, THE TRIBAL WILDLIFE GRANT PROGRAM, AND THEIR POTENTIAL FOR ENDEMIC. WILDLIFE REINTRODUCTION 12 Arizona Journal of Environmental Law & Policy 1 (Fall, 2021) Despite centuries of federal and state policies that have resulted in extinction or endangerment for multitudes of wildlife species with cultural, ecological, and historical significance to Indigenous nations throughout the United States, many tribes have begun to attempt wildlife reintroduction in and near Indian Country, with or without federal... 2021 Yes
Jessie Shaw COMMANDEERING THE INDIAN CHILD WELFARE ACT: NATIVE AMERICAN RIGHTS EXCEPTION TO TENTH AMENDMENT CHALLENGES 42 Cardozo Law Review 2007 (September, 2021) C1-2Table of Contents Introduction. 2007 I. Background. 2009 A. History of ICWA and the Final Rule. 2009 B. Challenging the Final Rule. 2014 C. Challenges to ICWA at the Supreme Court. 2016 D. The Anti-Commandeering Doctrine. 2017 E. ICWA Provisions Under the Anti-Commandeering Doctrine. 2020 II. Analysis: Immunity of ICWA. 2027 A. Exceptions to... 2021  
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