| Author | Title | Citation | Summary | Year | Key Terms |
| Samantha Doss |
THE FOOD DISTRIBUTION PROGRAM ON INDIAN RESERVATIONS: PAST, PRESENT, AND FUTURE |
76 Arkansas Law Review 219 (2023) |
In 2018, the United States Department of Agriculture (USDA) proposed replacing much of the Supplemental Nutrition Assistance Program (SNAP) with America's Harvest Box, a program that would directly distribute a package of non-perishable food items to low-income families. The proposal was met with intense controversy. Many hunger advocates,... |
2023 |
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| Nasrin Camilla Akbari |
THE GLADUE APPROACH: ADDRESSING INDIGENOUS OVERINCARCERATION THROUGH SENTENCING REFORM |
98 New York University Law Review 198 (April, 2023) |
In the American criminal justice system, individuals from marginalized communities routinely face longer terms and greater rates of incarceration compared to their nonmarginalized counterparts. Because the literature on mass incarceration and sentencing disparities has largely focused on the experiences of Black and Hispanic individuals, far less... |
2023 |
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| Nicole Friederichs |
THE GROWING LIST OF REASONS TO AMEND THE MAINE INDIAN JURISDICTIONAL AGREEMENT |
75 Maine Law Review 331 (June, 2023) |
Abstract Introduction I. History and Context A. The Land Claim and Subsequent Negotiations Efforts B. Tribal Sovereignty and Trust Responsibility at the Time of the Settlement Acts C. The Role (and Absence) of the U.S. Department of the Interior During the Land Claim Settlement Process II. The Hand-Over to Congress A. The Jurisdictional... |
2023 |
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| Amelia Tidwell |
THE HEART OF THE MATTER: ICWA AND THE FUTURE OF NATIVE AMERICAN CHILD WELFARE |
43 Journal of the National Association of Administrative Law Judiciary 126 (Spring, 2023) |
The United States has a long and tragic history of removing Native American children from their homes and culture at shocking rates. Congress passed the Indian Child Welfare Act (ICWA) in 1978 in response to that crisis and many states have bolstered the Act with state legislation and tribal-state agreements, but racial disparities are still... |
2023 |
|
| Jordan K. Medaris |
THE IMPACT OF CLIMATE CHANGE ON THE CULTURAL IDENTITY OF INDIGENOUS PEOPLES AND THE NATION'S FIRST "CLIMATE REFUGEES" |
47 American Indian Law Review 1 (2022-2023) |
I am convinced that climate change, and what we do about it, will define us, our era, and ultimately the global legacy we leave for future generations. Today, the time for doubt has passed. - U.N. Secretary-General Ban Ki-moon The people of the world cannot continue to ignore Aboriginal Indigenous Peoples, the Natural System of Life, the Natural... |
2023 |
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| Zoe Vogel |
THE IMPORTANCE OF ENSURING AN ACCESSIBLE FEDERAL ACKNOWLEDGMENT PROCESS FOR INDIGENOUS TRIBES IN THE FACE OF THE CLIMATE CRISIS |
36 Tulane Environmental Law Journal 275 (Summer, 2023) |
I. Introduction. 275 II. Federal Acknowledgment Process: Procedures for Establishing that an American Indian Group Exists as an Indian Tribe. 278 A. History of Federal Recognition. 278 B. Current Process. 282 III. The Importance of an Accessible Federal Acknowledgment Process for Indigenous Tribes. 284 A. Right to Culture. 285 B. Access to Federal... |
2023 |
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| Jed H. Shugerman |
THE INDECISIONS OF 1789: INCONSTANT ORIGINALISM AND STRATEGIC AMBIGUITY |
171 University of Pennsylvania Law Review 753 (March, 2023) |
The unitary executive theory relies on the First Congress and an ostensible Decision of 1789 as an originalist basis for unconditional presidential removal power. In light of new evidence, the First Congress was undecided on any constitutional theory and retreated to ambiguity in order to compromise and move on to other urgent business. Seila... |
2023 |
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| Neoshia R. Roemer |
THE INDIAN CHILD WELFARE ACT AS REPRODUCTIVE JUSTICE |
103 Boston University Law Review 55 (February, 2023) |
Federal Indian policy is rooted in family regulation. Here, family regulation is twofold, comprising: (1) the idea that American Indian families should be curated to be more like their non-Indian counterparts; and (2) the child welfare system, as Dorothy Roberts notes. Overall, family regulation was part of an Indian assimilation project. Since the... |
2023 |
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| M. Alexander Pearl |
THE INDIAN CHILD WELFARE ACT IN THE MULTIVERSE |
121 Michigan Law Review 1101 (April, 2023) |
Adoptive Couple v. Baby Girl. By Matthew L.M. Fletcher and Kathryn E. Fort, in Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law 452, 471. Edited by Bennett Capers, Devon W. Carbado, R.A. Lenhardt and Angela Onwuachi-Willig. Cambridge: Cambridge University Press. 2022. Pp. xxx, 694. Cloth, $84.75; paper, $39.19. As a kid, I... |
2023 |
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| Kirke Kickingbird |
THE JURISDICTIONAL LANDSCAPE OF INDIAN COUNTRY AFTER THE MCGIRT AND CASTRO-HUERTA DECISIONS |
48 Human Rights 10 (2023) |
On July 9, 2020, the U.S. Supreme Court issued its opinion in McGirt v. Oklahoma, 591 U.S. _, 140 S. Ct. 2452 (2020), a case involving state jurisdiction in Indian Country. Petitioner McGirt, an Indian, contended the sexual offenses that were the subject of his state conviction occurred in Indian Country--the reservation of the Muscogee (Creek)... |
2023 |
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| Rosa Celorio |
THE KALEIDOSCOPE OF CLIMATE CHANGE AND HUMAN RIGHTS: THE PROMISE OF INTERNATIONAL LITIGATION FOR WOMEN, INDIGENOUS PEOPLES, AND CHILDREN |
13 Arizona Journal of Environmental Law & Policy 155 (Spring, 2023) |
Climate change has been identified as a global emergency, a major international development issue, and a priority concern by many international and national entities. Women, Indigenous peoples, and children are some of the individuals and groups most affected by the adverse impacts of climate change. The author contends in this article that... |
2023 |
|
| Hailey Trawick |
THE LEGACY OF TRUST PROMISES: NATIVE AMERICAN HEALTHCARE |
25 Scholar: St. Mary's Law Review on Race and Social Justice 301 (2023) |
Introduction. 302 I. The Evolution of the Trust Doctrine. 306 A. Treaties. 307 B. Case Law. 308 C. The Snyder Act. 310 D. The Indian Health Care Improvement Act (IHCIA). 312 II. The Legal and Interpretive Follies Behind the Circuits Looking Beyond Statutory Trust Duties. 313 A. The Circuit Holdings. 314 1. The Ninth Circuit: Quechan Tribe of the... |
2023 |
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| Rosemary Mahaffey |
THE MONTANA "2.0" TEST FOR TRIBAL CIVIL ADJUDICATORY JURISDICTION: A GRAIN OF RIGHTS |
9 One J: Oil and Gas, Natural Resources, and Energy Journal 45 (September, 2023) |
C1-2Table of Contents I. Introduction: Opposing Interests in Minnesota. 46 A. The White Earth Nation and Manoomin. 47 B. The Line 3 Pipeline. 49 II. Before the Case: Laws and Practices of The White Earth Band. 50 A. Rice Can Sue You - The Rights of Nature Movement. 50 B. The Law on Tribal Civil Adjudicatory Jurisdiction. 51 III. The Trial Decision... |
2023 |
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| Alexander Volokh |
THE MYTH OF THE FEDERAL PRIVATE NONDELEGATION DOCTRINE |
99 Notre Dame Law Review 203 (November, 2023) |
Judges and scholars have often claimed that delegations of governmental power to private parties are constitutionally prohibited. However, such a private nondelegation doctrine is elusive, if not nonexistent. To understand why, first we need to realize that there are actually several distinct nondelegation doctrines. I develop a taxonomy that... |
2023 |
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| Wendy S. Greyeyes |
THE NATION WITHIN: PROSPECTS FOR AN INDIGENOUS FUTURE |
52 Southwestern Law Review 271 (2023) |
Professor Ezra Rosser's work comes at a pivotal point for my Navajo people in terms of land issues and economic development, as the pressure to rebuild a new Navajo economy has increased during the recent presidential election. For example, at the June 28, 2022 Navajo Nation Presidential Forum hosted by Diné College, Native American students from... |
2023 |
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| Mary Christina Wood |
THE OREGON FOREST TRUST: AN ECOLOGICAL ENDOWMENT FOR POSTERITY |
101 Oregon Law Review 515 (2023) |
Introduction. 520 I. Oregon's Forests: Silent and Vibrant Cathedrals Sustaining Life. 530 A. The Endowment. 530 1. Inestimable Functions of Forests. 531 2. Inseverable from the Rest of Nature. 534 B. Disastrous Management for Private Profit. 535 II. Legal Context of Management: Property Ownerships and Regulation. 538 A. The Ownership Prerogative.... |
2023 |
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| Helia Bidad |
THE POWER OF TRIBAL COURTS IN ONGOING ENVIRONMENTAL-TORT LITIGATION |
132 Yale Law Journal Forum 904 (2/17/2023) |
abstract. Cities, counties, and states across the country are bringing environmental and climate tort suits to hold environmental tortfeasors accountable. These cases are commonly brought in state and federal court, but the possibility of bringing these suits in tribal courts has largely been left out of the discussion. In the wake of attacks on... |
2023 |
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| Alexander M. Roider |
THE PROMISE AT THE END OF THE TRAIL: USING MCGIRT TO CLOSE THE TRIBAL ENTERPRISE PERFORMANCE GAP |
52 Public Contract Law Journal 323 (Winter, 2023) |
Despite being introduced in identical ways, tribal enterprises and Alaska Native Corporations have achieved vastly different outcomes in their government contracting operations. However, the Supreme Court's recent decision in McGirt v. Oklahoma may change this, handing down a potential beacon of hope to the underperforming tribal enterprises. This... |
2023 |
|
| William Ortman |
THE PROSECUTION BAR |
101 Washington University Law Review 123 (2023) |
The American legal profession needs a prosecution bar. Before lawyers are permitted to appear for the government in a criminal case, they should be licensed not just to practice law, but to practice prosecution. The two are not the same. Regulating them as if they were fosters injustice and fortifies the carceral state. Doing justice is the... |
2023 |
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| Dylan R. Hedden-Nicely |
THE REPORTS OF MY DEATH ARE GREATLY EXAGGERATED: THE CONTINUED VITALITY OF WORCESTER v. GEORGIA |
52 Southwestern Law Review 255 (2023) |
Sovereign governments, like the people that form them, are imperfect. All have some level of corruption, privileging, and bias. Some, unfortunately, are despotic or rapidly moving in that direction. Most, however, strive to form a more perfect union, whereby they maintain their political integrity and economic security so as to improve the health... |
2023 |
|
| Samuel S. Johnson |
THE RIGHT TO THE COPY: A CASE FOR APPLYING PHYSICAL TAKINGS PROTECTION TO INTELLECTUAL PROPERTY |
17 Liberty University Law Review 385 (Spring, 2023) |
Perhaps the only exception to the rule that every rule has its exceptions is the law of unintended consequences. An example may be found in the Supreme Court's 2020 ruling in Allen v. Cooper. Seeking to protect the rights of states against the federal judiciary, the Court ruled that states are immune from suit in federal court for copyright... |
2023 |
|
| Kathryn Fort |
THE ROAD TO BRACKEEN: DEFENDING ICWA 2013-2023 |
72 American University Law Review 1673 (June, 2023) |
From 2013 to 2023, the Indian Child Welfare Act (ICWA) was challenged in the courts more than the Affordable Care Act. This Article lays out the history of the fight over ICWA from Baby Girl to Haaland, from my perspective as a clinical professor who has been involved with every major ICWA case since 2013, as well as my observations about why ICWA... |
2023 |
|
| Lily Cohen |
THE ROLE OF ENVIRONMENTAL LAW IN ADDRESSING THE VIOLENT EFFECTS OF RESOURCE EXTRACTION ON NATIVE WOMEN |
47 Harvard Environmental Law Review 275 (2023) |
Native women face increased levels of sexual assault, sex trafficking, and other gender-based violence when resource extraction projects are located near Native communities. Recently, organizations have begun raising claims concerning the safety of Native women and children when challenging projects like the Keystone XL pipeline. However, these... |
2023 |
|
| Russ VerSteeg |
THE ROLE OF LAW IN U.S. HISTORY TEXTBOOKS |
71 Cleveland State Law Review 363 (2023) |
This Article analyzes the references to law found in three standard U.S. History textbooks: (1) Alan Brinkley, American History Connecting with the Past 745 (McGraw-Hill Educ., 15th ed. 2015); (2) Eric Foner, Give Me Liberty! An American History 461 (Steve Forman et al. eds., 5th ed. 2017); and (3) David Goldfield et al., The American Journey: A... |
2023 |
|
| Michael D. McNally |
THE SACRED AND THE PROFANED: PROTECTION OF NATIVE AMERICAN SACRED PLACES THAT HAVE BEEN DESECRATED |
111 California Law Review 395 (April, 2023) |
From Standing Rock to San Francisco Peaks, Native American efforts to protect threatened sacred places in court have been troubled by what this Article identifies as the profanation principle: a presumption that places already profaned or degraded by development or pollution can no longer be sufficiently sacred to Native peoples to merit... |
2023 |
|
| W. Tanner Allread |
THE SPECTER OF INDIAN REMOVAL: THE PERSISTENCE OF STATE SUPREMACY ARGUMENTS IN FEDERAL INDIAN LAW |
123 Columbia Law Review 1533 (October, 2023) |
In the 2022 case of Oklahoma v. Castro-Huerta, the Supreme Court departed from one of the foundational cases in federal Indian law, Worcester v. Georgia. Chief Justice John Marshall's 1832 opinion had dismissed state power over Indian Country. But in Castro-Huerta, the Court took precisely the kind of arguments about state power that Chief Justice... |
2023 |
|
| Andrew Willinger |
THE TERRITORIES UNDER TEXT, HISTORY, AND TRADITION |
101 Washington University Law Review 1 (2023) |
In two of its major decisions in the 2021-2022 Term, New York State Rifle & Pistol Ass'n v. Bruen and Dobbs v. Jackson Women's Health Organization, the Court continued solidifying its originalist method of constitutional interpretation by looking increasingly to historical regulatory practice to construe how the Constitution protects individual... |
2023 |
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| Christina Rinnert |
THE TROUBLE WITH THE TRIBAL LAW AND ORDER ACT |
59-AUG Arizona Attorney 36 (July/August, 2023) |
The application of the Tribal Law and Order Act (TLOA) creates multiple issues for tribes: a lack of funding for appointing attorneys, concerns about congressionally dictated incarceration limitations' effects on tribal sovereignty, and negative effects on tribal justice customs and traditions. Many of us have heard the Miranda rights recited so... |
2023 |
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| Karin Mika |
THE UNITED STATES AND THE NEED FOR AN IMPROVED GLOBAL CITIZENSHIP IN THE TWENTY-FIRST CENTURY: HOW HISTORY SHAPED OUR IDENTITY AS A NATION |
72 Cleveland State Law Review 25 (2023) |
This Article describes how accidents of geography and history enabled the United States to become the global power that it has become. It examines how the extended warring in Europe during the Eighteenth and Nineteenth century allowed the United States to develop as a country without the repeated necessity of continually rebuilding, as was... |
2023 |
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| Jeanne L. Schroeder , David Gray Carlson |
THIRD-PARTY RELEASES UNDER THE BANKRUPTCY CODE AFTER PURDUE PHARMA |
31 American Bankruptcy Institute Law Review 1 (Winter, 2023) |
C1-2Table of Contents Introduction. 2 I. Species of Releases. 5 A. Settlements. 6 1. Breach of Fiduciary Duty. 7 2. Piercing Corporate Veils. 8 3. Fraudulent Transfers. 10 4. Joint and Several Liability. 11 B. Insurance Cases. 12 C. Qualified Immunity. 15 D. Asbestos Cases. 16 E. Expropriation of Third-Party Rights. 18 F. Eminent Domain. 21 II. The... |
2023 |
|
| Adam Crepelle |
THOUGHTS ON A NATION WITHIN'S DISCUSSION OF THE NAVAJO NATION'S WATER RIGHTS |
52 Southwestern Law Review 208 (2023) |
Professor Ezra Rosser's book, A Nation Within: Navajo Land and Economic Development, paints a vivid picture of the challenges facing the Navajo Nation. The book provides a concise history of the challenges the Navajo have encountered since first European contact. Rosser clearly explains the past injustices perpetrated against the Navajo by the... |
2023 |
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| Elena S. Meth |
TITLE VII'S FAILURES: A HISTORY OF OVERLOOKED INDIFFERENCE |
121 Michigan Law Review 1417 (June, 2023) |
Nearly sixty years after the adoption of Title VII and over thirty since intersectionality theory was brought into legal discourse by Professor Kimberlé Crenshaw, the U.S. Supreme Court has consistently failed to meaningfully implement intersectionality into its decisionmaking. While there is certainly no shortage of scholarship on... |
2023 |
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| Kalae Trask |
TOWARD MUTUAL RECOGNITION: AN INVESTIGATION OF ORAL TRADITION EVIDENCE IN THE UNITED STATES AND CANADA |
13 Washington Journal of Social & Environmental Justice 54 (May, 2023) |
United States (U.S.) courts have long failed to recognize the value of oral traditional evidence (OTE) in the law. Yet, for Indigenous peoples, OTE forms the basis of many of their claims to place, property, and political power. In Canada, courts must examine Indigenous OTE on equal footing with other forms of admissable evidence. While legal... |
2023 |
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| Sarah M. Kelly |
TOWARD SELF-DETERMINATION IN THE U.S. TERRITORIES: THE RESTORATIVE JUSTICE IMPLICATIONS OF REJECTING THE INSULAR CASES |
28 Michigan Journal of Race and Law 109 (Spring, 2023) |
Conservatives and liberals alike are increasingly calling for condemnation of the Insular Cases--a series of U.S. Supreme Court cases from the early 1900s, in which the Court developed the doctrine of territorial incorporation to license the United States' indefinite holding of overseas colonial possessions. In March 2021, members of the U.S. House... |
2023 |
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| Ryan B. Stoa |
TRIBAL CANNABIS AGRICULTURE LAW |
2023 Utah Law Review 1075 (2023) |
Indian tribes have some freedom to develop their own approach to cannabis agriculture, but what is the nature of that freedom, and how have tribes acted upon it? This Article investigates the current legal framework surrounding tribal cannabis agriculture and tribal participation in legal cannabis markets. It is generally believed that tribes have... |
2023 |
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| Lauren van Schilfgaarde, Aila Hoss, Ann E. Tweedy, Sarah Deer, Stacy Leeds |
TRIBAL NATIONS AND ABORTION ACCESS: A PATH FORWARD |
46 Harvard Journal of Law & Gender 1 (Winter, 2023) |
I. Introduction. 2 II. Historical Backdrop for Reproductive Autonomy. 8 III. Abortion Care in Indian Country Today. 17 A. Federal Indian Health System. 19 B. Facility Abortion Policies. 22 C. Indigenous Access to Abortion Care. 26 D. Views of Abortion Across Indian Country. 29 IV. Navigating Jurisdiction in Indian Country. 31 A. Criminal... |
2023 |
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| Angela R. Riley |
TRIBAL SELF-DETERMINATION AND A NATION WITHIN |
52 Southwestern Law Review 217 (2023) |
Native Nations in the United States are stronger today in some respects than they have been in the last 250 years. Despite this growth, however, tribes continue to experience the instability that comes from the ruptures of colonialism and must work to recover, rebuild, and revive the cultural lifeways that make them who they are as Indigenous... |
2023 |
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| Christopher R. Green |
TRIBES, NATIONS, STATES: OUR THREE COMMERCE POWERS |
127 Penn State Law Review 643 (Summer, 2023) |
The scope of federal power is sometimes seen as a long-running battle between two stories. Story One sees the commerce power as initially broad, mistakenly contracted in the late nineteenth century, then properly restored in 1937 as the national power to deal with national problems. Story Two sees 1937 as the mistake, and the commerce power as... |
2023 |
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| Ellen Elizabeth Scott |
TWENTY-FIRST CENTURY COLONIZATION IS NOT A GOOD POLICY DECISION |
51 Georgia Journal of International and Comparative Law 867 (2023) |
C1-2Table of Contents I. Introduction. 868 II. Background. 871 A. Initial Colonization of the Chagos Islands: The Chagossians. 871 B. Islands' Geography. 873 C. The United Kingdom's Continued Presence. 873 D. Missed Economic Opportunity: IO Domain Code. 875 E. Recent Events. 876 III. Analysis. 878 A. The Perfect Spot for Guns. 878 B. Clinging to... |
2023 |
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| Justin E. Brooks |
TWO COUNTRIES IN CRISIS: MAN CAMPS AND THE NIGHTMARE OF NON-INDIGENOUS CRIMINAL JURISDICTION IN THE UNITED STATES AND CANADA |
56 Vanderbilt Journal of Transnational Law 533 (March, 2023) |
Thousands of Indigenous women and girls have gone missing or have been found murdered across the United States and Canada; these disappearances and killings are so frequent and widespread that they have become known as the Missing and Murdered Indigenous Women Crisis (MMIW Crisis). Indigenous communities in both countries often lack the... |
2023 |
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| Christopher Mark Macneill |
UNCLOS, UNDRIP & TARTUPALUK: THE GRIM TALE OF HANS ISLE AND GRAENSE |
23 Sustainable Development Law & Policy 18 (Spring, 2023) |
Inuit have lived in the Arctic from time immemorial. The Arctic, in the face of climate change, has become a hot spot for exploration, resource extraction, and increased shipping and scientific activity. [The] Inuit . have had a common and shared use of the sea area and the adjacent coasts among their own communities, and contemporaneously with... |
2023 |
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| Neoshia R. Roemer |
UN-ERASING AMERICAN INDIANS AND THE INDIAN CHILD WELFARE ACT FROM FAMILY LAW |
56 Family Law Quarterly 31 (2022-2023) |
In 1978, Congress enacted the Indian Child Welfare Act (ICWA) as a remedial measure to correct centuries-old policies that removed Indian children from their families and tribal communities at alarming rates. Since 1978, courts presiding over child custody matters around the country have applied ICWA. Over the last few decades, state legislatures,... |
2023 |
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| Nicole Pla |
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT |
26 University of Denver Water Law Review 147 (Fall, 2023) |
Klamath Irrigation Dist. v. U.S. Bureau of Reclamation, 48 F.4th 934 (9th Cir. 2022) (holding that: (i) the Tribes were required parties; (ii) the Tribes could not be joined due to tribal sovereign immunity; and (iii) the case could not proceed in equity and good conscience in the Tribes' absence). The Bureau of Reclamation (Reclamation)... |
2023 |
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| Jocelyn Getgen Kestenbaum , Caroline Bishop LaPorte |
UNSETTLING HUMAN RIGHTS CLINICAL PEDAGOGY AND PRACTICE IN SETTLER COLONIAL CONTEXTS |
31 American University Journal of Gender, Social Policy and the Law 441 (2023) |
Abstract. 442 I. Introduction. 443 II. Critiques of International Human Rights Law, Pedagogy & Practice. 453 A. International Human Rights Law. 454 B. Law School Pedagogy & Practice. 462 III. Incorporating Indigenous Values in Human Rights Clinical Pedagogy & Practice. 466 A. Prioritize Process as Successful Human Rights Practice. 466 B. Reject... |
2023 |
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| M. Kathryn Hoover |
UP SHIT CREEK --LOOKING FOR A PADDLE |
59-AUG Arizona Attorney 24 (July/August, 2023) |
At the turn of the 21st century, the Navajo Nation faced a dilemma. The Nation's lands in Arizona were in desperate need of water. Earlier efforts to settle the Nation's water rights claims to the Colorado River had collapsed when the Nation sued Peabody Coal Company for its role in a scheme to deflate royalties paid to the Nation for Navajo coal.... |
2023 |
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| Christine Annerfalk , Kevin Bales |
VARIATIONS IN VALOR? AMERICAN CONFLICT, THE "INDIAN WARS," AND THE CONGRESSIONAL MEDAL OF HONOR |
18 Intercultural Human Rights Law Review 175 (2023) |
The Medal of Honor is the highest award given to United States soldiers. It assumes extreme risk and sacrifice in action against an enemy. It is often awarded posthumously. This paper will examine two themes: first, a significant variation in the award of the Medal across conflicts. Further, this paper will discuss the awarding patterns of the... |
2023 |
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| Heather Tanana |
VOICES OF THE RIVER: THE RISE OF INDIGENOUS WOMEN LEADERS IN THE COLORADO RIVER BASIN |
34 Colorado Environmental Law Journal 265 (Spring, 2023) |
Climate change is one of the leading challenges facing tribes today. Traditionally, Indigenous women played significant roles in tribal decisionmaking and governance. However, European contact and colonization shifted gender dynamics, imposing male-dominated leadership. Recently, Native American women are reclaiming leadership positions--formally... |
2023 |
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| Erin Rubin |
WATER RIGHTS OF PUBLIC DOMAIN ALLOTMENTS |
132 Yale Law Journal Forum 957 (2/17/2023) |
abstract. Indigenous peoples in the United States have stewarded its land and water for millennia, but now face barriers to accessing sufficient amounts of clean, safe water. Public domain allotments (PDAs) are one solution the United States offers to provide land to Indian people, but PDAs and the rights attaching to them are insufficiently... |
2023 |
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| Laura S. Underkuffler |
WAYS OF KNOWING AND THE LAW: A TRIBUTE TO JOSEPH WILLIAM SINGER |
10 Texas A&M Law Review 697 (Summer, 2023) |
What is art in human life? When we think of art, it seems at first blush to be just another human endeavor. It is brush strokes of some chosen substance across a piece of canvas or paper. It is the piece of wood or stone left after pieces have been removed by human hands. It is sounds made of a certain pitch and in a certain pattern, rather than... |
2023 |
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| Gregory Ablavsky , W. Tanner Allread |
WE THE (NATIVE) PEOPLE?: HOW INDIGENOUS PEOPLES DEBATED THE U.S. CONSTITUTION |
123 Columbia Law Review 243 (March, 2023) |
The Constitution was written in the name of the People of the United States. And yet, many of the nation's actual people were excluded from the document's drafting and ratification based on race, gender, and class. But these groups were far from silent. A more inclusive constitutional history might capture marginalized communities' roles as... |
2023 |
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