| Author | Title | Citation | Summary | Year | Key Terms |
| Liam T. Sheridan |
SOLEMN VOW: SOLUM'S ORIGINALISM, TREATIES, AND TRIBAL SOVEREIGNTY IN CASTRO-HUERTA |
75 Maine Law Review 397 (June, 2023) |
Abstract Introduction I. Background A. What Is Originalism? B. Originalism and Federal Indian Law C. Historical Background: The Trail of Tears D. Legal Background: McGirt v. Oklahoma A. Majority Opinion 1. Facts 2. Constitutional Basis for State Criminal Jurisdiction 3. Federal Statutes Do Not Preempt State Jurisdiction 4. Bracker Balancing Test B.... |
2023 |
Yes |
| Kristen A. Carpenter |
"ASPIRATIONS": THE UNITED STATES AND INDIGENOUS PEOPLES' HUMAN RIGHTS |
36 Harvard Human Rights Journal 41 (Spring, 2023) |
The United States has long positioned itself as a leader in global human rights. Yet, the United States lags curiously behind when it comes to the human rights of Indigenous Peoples. This recalcitrance is particularly apparent in diplomacy regarding the United Nations Declaration on the Rights of Indigenous Peoples. Adopted by the United Nations... |
2023 |
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| Amy Reavis, Nora Wallace |
"ENTITLED TO OUR LAND": THE SETTLER COLONIAL ORIGINS OF THE UNIVERSITY OF CALIFORNIA |
14 California Law Review Online 23 (June, 2023) |
Many may recognize the land grant moniker that several dozen U.S. universities like the University of California carry, but what many do not realize is that the land granted to fund these universities was land that the federal government had recently expropriated from Native Nations through violent seizures and coercive treaties. While... |
2023 |
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| Lori McPherson , Sarah Blazucki |
"STATISTICS ARE HUMAN BEINGS WITH THE TEARS WIPED AWAY": UTILIZING DATA TO DEVELOP STRATEGIES TO REDUCE THE NUMBER OF NATIVE AMERICANS WHO GO MISSING |
47 Seattle University Law Review 119 (Fall, 2023) |
C1-2Contents Introduction. 120 I. Data Sources/Legal Mandates for Submission. 125 A. Biographic Data. 126 B. Biometric Data. 132 II. Baseline: What We Know About Missing Indigenous Persons. 134 III. Legal Considerations in Missing Person Cases in ISndian Country. 143 A. Federalism and Limits of Federal Power. 143 B. Right to Privacy & the Right to... |
2023 |
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| Chantelle van Wiltenburg |
"THE CENTER CANNOT HOLD": NATION AND NARRATION IN AMERICAN INDIAN LAW |
47 American Indian Law Review 127 (2022-2023) |
Then she began without bothering with onceuponatime, and whether it was all true or false he could see the fierce energy that was going into the telling, . this memory jumbled rag-bag of material was in fact the very heart of her, her self-portrait .. So that it was not possible to distinguish memories from wishes, guilty reconstructions from... |
2023 |
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| Julia Gaffney |
"THE GOLD STANDARD OF CHILD WELFARE" UNDER ATTACK: THE INDIAN CHILD WELFARE ACT AND HAALAND v. BRACKEEN |
56 Family Law Quarterly 231 (2022-2023) |
Our country was built on the systemic erasure of Indigenous persons, their communities, and their culture. While one might consider this erasure a thing of the past--a phenomenon belonging more to colonization or the country's period of Western expansion--many of the legal, social, and political structures in the United States still operate in ways... |
2023 |
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| Lucia Kello |
"THE PAST GOT BROKEN OFF": CLASSIFYING "INDIAN" IN THE INDIAN CHILD WELFARE ACT |
36 Journal of Civil Rights & Economic Development 361 (Winter, 2023) |
In her 1993 novel, Pigs in Heaven, Barbara Kingsolver chronicles the story of an American Indian child, Turtle, and her young, white, adoptive mother, Taylor Greer. In what has been criticized as a controversial imagined fact pattern, Kingsolver writes that while stopped in a parking lot in the middle of the night, Taylor is approached by an... |
2023 |
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| William Y. Chin |
"WE WANT OUR LAND BACK": RETURNING LAND TO FIRST PEOPLES IN THE LAND RETURN ERA USING THE NATIVE LAND CLAIMS COMMISSION TO REVERSE CENTURIES OF LAND DISPOSSESSION |
24 Scholar: St. Mary's Law Review on Race and Social Justice 335 (2023) |
Introduction. 337 I. The First Peoples Land Inhabitance Era. 339 II. The European Land Dispossession Era. 340 III. The American Land Dispossession Era. 342 A. The United States' Continuing Reliance on the Discovery Doctrine. 342 B. The United States' History of Unjust Land Confiscations. 343 IV. The First Peoples Land Return Era. 345 A.... |
2023 |
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| Audrey Glendenning , Martin Nie , Monte Mills |
(SOME) LAND BACK . SORT OF: THE TRANSFER OF FEDERAL PUBLIC LANDS TO INDIAN TRIBES SINCE 1970 |
63 Natural Resources Journal 200 (Summer, 2023) |
Federal public lands in the United States were carved from the territories of Native Nations and, in nearly every instance, required that the United States extinguish pre-existing aboriginal title. Following acquisition of these lands, the federal government pursued various strategies for them, including disposal to states and private parties,... |
2023 |
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2023 NINTH CIRCUIT ENVIRONMENTAL REVIEW |
53 Environmental Law 747 (Fall, 2023) |
CASE SUMMARIES. 751 I. Animals & Agriculture. 751 A. Endangered Species Act. 751 1. San Luis Obispo Coastkeeper v. Santa Maria Valley Water Conservation District, 49 F.4th 1242 (9th Cir. 2022). 751 2. Save the Bull Trout v. Williams, 51 F.4th 1101 (9th Cir. 2022). 753 B. Animal Agriculture. 756 1. Martínez-Rodríguez v. Giles, 31 F.4th 1139 (9th... |
2023 |
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| Margaret Kelly |
A MOTHER'S DOMICILE IN THE INDIAN CHILD WELFARE ACT: IN RE ADOPTION OF B.B. |
101 Oregon Law Review 453 (2023) |
Introduction. 453 I. History and Purpose of the Indian Child Welfare Act. 455 A. The Statute. 459 B. Domicile. 461 C. Statutory Interpretation. 461 II. Background of In re Adoption of B.B. 462 III. Case Analysis. 464 A. Plain Interpretation. 464 B. Congressional Intent. 466 C. Canons of Construction. 470 D. Effect on Public Policy. 470 E. United... |
2023 |
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| Bryce Drapeaux |
A NEW ENTRY INTO THE ANTICANON OF INDIAN LAW: OKLAHOMA v. CASTRO-HUERTA AND THE ACTUAL STATE OF THINGS |
68 South Dakota Law Review 513 (2023) |
Criminal jurisdiction in Indian country is complex and has generally been controlled by the federal government and the tribes. State involvement in this realm has traditionally been limited and subject only to congressional plenary authority in Indian affairs. But the Supreme Court in Oklahoma v. Castro-Huerta ruled that states hold concurrent... |
2023 |
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| Danielle J. Mayberry , Carrie E. Garrow |
A PORTRAIT OF TRIBAL COURTS: TRIBAL COURT TOOLS AND LEVERS TO ENSURE PROCEDURAL FAIRNESS FOR SELF-REPRESENTED LITIGANTS |
23 Journal of Appellate Practice and Process 221 (Summer, 2023) |
There are three distinct sovereign entities in the United States: the federal government, state governments, and Indian Tribes. Each sovereign entity possesses its own distinct judicial system. Even though there are similarities among state, federal, and tribal courts, tribal courts are not United States courts. The differences between the state... |
2023 |
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| Dominic Vendell , University of Exeter, Exeter, United Kingdom, E-mail: d.vendell@exeter.ac.uk |
A TRUE COPY? DOCUMENTS AND THE PRODUCTION OF LEGALITY IN THE BOMBAY INAM COMMISSION |
41 Law and History Review 543 (August, 2023) |
As he copied down one of many old land grants piling up in a crowded government office in colonial India, the Persian scribe Sayyid Usman may have reached for a sheet of paper that survives today in the Pune branch of the Maharashtra State Archives. In the center of the page are three circles, one of which contains the beginnings of a seal of a... |
2023 |
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| Rebecca Tsosie |
ACCOUNTABILITY FOR THE HARMS OF INDIGENOUS BOARDING SCHOOLS: THE CHALLENGE OF "HEALING THE PERSISTING WOUNDS" OF "HISTORIC INJUSTICE" |
52 Southwestern Law Review 20 (2023) |
As the settler colonial nations that emerged from British colonization, the United States, Canada, and Australia share a dark history of forcible acculturation of Indigenous peoples. The histories of Canada and the United States, in particular, are closely linked. The two countries share an international border that separated several Indigenous... |
2023 |
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| Vanessa Racehorse , Anna Hohag |
ACHIEVING CLIMATE JUSTICE THROUGH LAND BACK: AN OVERVIEW OF TRIBAL DISPOSSESSION, LAND RETURN EFFORTS, AND PRACTICAL MECHANISMS FOR #LANDBACK |
34 Colorado Environmental Law Journal 175 (Spring, 2023) |
C1-2Table of Contents Introduction. 176 I. History of Forcible Dispossession of Indigenous Lands. 178 A. Doctrine of Discovery, Broken Treaties, and Indian Removal. 178 B. Land Back as More than a Movement. 183 II. Correlation Between Dispossession and Climate Change. 184 A. Shifting Land Management Practices. 185 1. Historical Indigenous Practices... |
2023 |
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| James A. Heilpern |
ACTING CABINET SECRETARIES AND THE TWENTY-FIFTH AMENDMENT |
57 University of Richmond Law Review 1169 (Spring, 2023) |
The Twenty-Fifth Amendment of the United States Constitution contains a mechanism that enables the Vice President, with the support of a majority of the Cabinet, to temporarily relieve the President of the powers and duties of the Presidency. The provision has never been invoked, but was actively discussed by multiple Cabinet Secretaries in... |
2023 |
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| Kathryn E. Fort |
AFTER BRACKEEN: FUNDING TRIBAL SYSTEMS |
56 Family Law Quarterly 191 (2022-2023) |
The purpose of the Indian Child Welfare Act was to allow tribes to make decisions for their own families, rather than state courts and agencies. Again and again, tribal leaders stated that they knew what to do for their tribes. Lost in our current fights over ICWA in the Supreme Court is the history of tribal leaders trying to secure funding for... |
2023 |
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| Ezra Rosser |
AFTERWORD WITH GRATITUDE |
52 Southwestern Law Review 281 (2023) |
It is a tremendous honor that Southwestern Law Review decided to publish a symposium on A Nation Within: Navajo Land and Economic Development, and I want my response to be primarily about expressing my gratitude. Law professors and the law review format are odd. People spend days reading your massive article and marking it up with suggestions and... |
2023 |
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| A. U'ilani Tanigawa Lum |
AIA I WAI'OLI KE ALOHA 'INA: RE-CENTERING 'INA AND INDIGENOUS KNOWLEDGE FOR RESTORATIVE ENVIRONMENTAL JUSTICE |
41 UCLA Journal of Environmental Law & Policy 301 (2023) |
This Article explores Knaka Maoli's (Native Hawaiians') work to re-center principles of Indigenous biocultural resource management in decisionmaking to more fully realize restorative environmental justice. To do so, it contextualizes 'ina (land and natural resources) as Knaka Maoli's natural counterpart. Deploying a contextual inquiry framework... |
2023 |
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| Gregory Ablavsky |
AKHIL AMAR'S UNUSABLE PAST |
121 Michigan Law Review 1119 (April, 2023) |
The Words That Made Us: America's Constitutional Conversation, 1760-1840. By Akhil Reed Amar. New York: Basic Books. 2021. Pp. xiv, 817. $40. Akhil Amar's doorstop of a constitutional history, The Words That Made Us: America's Constitutional Conversation, 1760-1840, appeared in spring 2021 to both scholarly and popular acclaim. Amar's love letter... |
2023 |
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| Madison S. Marlow |
ALL THE WAY TO HELL: AN ARTIST'S LEGAL DESCENT INTO THE UNDERWORLD OF OIL AND GAS |
41 Cardozo Arts and Entertainment Law Journal 949 (2023) |
Introduction 950 I. Background: Oklahoma's Oil and Gas Industry 955 A. The Ad Coelum Doctrine and The Rule of Capture 955 B. Oil and Gas Regulation in Oklahoma: The Commission 958 C. Creating a Spacing Unit and Who Can Drill 959 D. Oklahoma's Forced Pooling Process 961 II. Scope, Merit, & Limitations of All The Way To Hell: A Property Law... |
2023 |
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| Steven Isaacs |
AMERICAN GIVERS: HOW THE RENEGING OF THE FEDERAL TRUST RESPONSIBILITY IMPACTS INDIAN GAMING AND CONTINUES AMERICA'S APATHETIC OPPRESSION OF NATIVE AMERICANS |
13 UNLV Gaming Law Journal 235 (Spring, 2023) |
Initially, this paper sought to answer why wealth inequality exists between tribal casinos and reservation life. Through research into the subject, this paper now offers a comprehensive overview of the many contradictions plaguing modern Native American society, explanations of why they persist, and potential ways they can be fixed. Section II of... |
2023 |
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| Tom C.W. Lin |
AMERICANS, BEYOND STATES AND TERRITORIES |
107 Minnesota Law Review 1183 (February, 2023) |
Location matters. Where you reside within the United States can affect the education you receive, the air you breathe, the taxes you pay, the food you eat, and many pedestrian and profound matters of daily life. Despite these differences and disparities based on location, one would think that where you reside or choose to relocate within the United... |
2023 |
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| Karrigan Börk , Sonya Ziaja |
AMORAL WATER MARKETS? |
111 Georgetown Law Journal 1335 (June, 2023) |
Severe water scarcity in the western United States is prompting legitimate questions about the best way to decide which places, people, industries, and species need it most. Water markets, which allow for trading water like a commodity, are perennial proposals during times of scarcity. Water markets have an innate allure: promising to efficiently... |
2023 |
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| Affie B. Ellis |
AN "ENDURING PLACE" |
46-OCT Wyoming Lawyer 20 (October, 2023) |
On June 15, 2023, the U.S. Supreme Court handed down a significant victory to supporters of tribal sovereignty and the Indian Child Welfare Act (ICWA) in Haaland v. Brackeen. Congress enacted ICWA in 1978 to stop the forced assimilation of Native American children by putting in place several important safeguards that apply to adoption and foster... |
2023 |
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| Jasmine McNealy |
AN ECOLOGICAL APPROACH TO DATA GOVERNANCE |
37 Notre Dame Journal of Law, Ethics & Public Policy Online Supplement 523 (2023) |
The products of algorithmic and decision systems unleashed in the wild-put to use by governments, corporations, and civil society organizations-- significantly impact how life happens and society functions. Recently, a Facebook whistleblower detailed how the inability to recognize these significant impacts, and the failure of federal lawmakers to... |
2023 |
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| Adam Crepelle |
AN INTERTRIBAL BUSINESS COURT |
60 American Business Law Journal 61 (Spring, 2023) |
Few Indian reservations have any semblance of a private sector. Consequently, poverty and unemployment are major problems in much of Indian country. While there are many reasons why private enterprise is scarce in Indian country, one of the foremost reasons is businesses do not trust tribal courts. Businesses' distrust of tribal courts is not... |
2023 |
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| Todd R. Matha |
AN UNEXPECTED CHALLENGE: THE CONSEQUENCE OF A LIMITED TRIBAL APPELLATE CASELOAD |
23 Journal of Appellate Practice and Process 1 (Winter, 2023) |
An appellate court's decisions should derive from careful deliberation, involving an acute dissection of legal issues, an exhaustive performance of relevant research, and an integration--exacting in detail--of these two undertakings. This unexceptional proposition holds greater significance for recently emerging tribal judiciaries. These appellate... |
2023 |
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ANALYZING THE CONSEQUENCES OF SACKETT v. EPA |
53 Environmental Law Reporter (ELI) 10693 (September, 2023) |
The U.S. Supreme Court's May ruling in Sackett v. Environmental Protection Agency sharply limited the scope of the federal Clean Water Act's (CWA's) protection for the nation's waters. The Court redefined the Act's coverage of waters of the United States (WOTUS), effectively removing protection from many wetlands that have been covered under the... |
2023 |
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| Jeremiah Chin |
ANTIMATTERS: THE CURIOUS CASE OF CONFEDERATE MONUMENTS |
103 Boston University Law Review 311 (February, 2023) |
Confederate monuments sit at a crossroads of speech frameworks as contested government speech, as concrete edifices of hate speech, and as key protest sites. The interplay of state law and speech doctrines in states like Alabama and Florida has cemented monuments as physical representations of government speech that municipal governments cannot... |
2023 |
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| Amanda Shanor, Sarah E. Light |
ANTI-WOKE CAPITALISM, THE FIRST AMENDMENT, AND THE DECLINE OF LIBERTARIANISM |
118 Northwestern University Law Review 347 (2023) |
Abstract--Firms across the globe, including financial institutions like banks, asset managers, and pension fund managers, are adopting strategies to account for the risks they face from climate change. These strategies include declining to invest in certain emissions-intensive projects or advising firms in their portfolios to report or reduce... |
2023 |
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| Victoria Sutton |
APPELLATE COURTS: STOP ACCEPTING AN "ABSURD" FIRST AMENDMENT ANALYSIS FOR NATIVE NATIONS' SACRED SITE DESTRUCTION |
23 Journal of Appellate Practice and Process 193 (Winter, 2023) |
I do not use the term absurd in this title lightly. Judge Marsha Berzon used it in a dissenting opinion to describe the impractical result that comes from repeating the same First Amendment analysis for sovereign Native Nations that consistently fails to protect their sacred sites. U.S. courts fail to recognize that Native Nations are legally... |
2023 |
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| Jason N. Summerfield |
ARIZONA v. NAVAJO NATION (2023): LEGAL REALISM AND THE COLORADO RIVER |
14 Houston Law Review Online 1 (Fall, 2023) |
I. INTRODUCTION. 2 II. THE NAVAJO NATION AND ITS WATER NEEDS. 4 A. Description of the Land - Where is the Navajo Nation?. 4 B. The Population Needs - How many people live in the Navajo Nation?. 5 C. Access to Water - How much clean water reaches the population?. 6 D. Navajo Nation Infrastructure Development. 7 E. Summary. 8 III.THE COLORADO RIVER.... |
2023 |
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| Angela R. Riley |
BEFORE MINE!: INDIGENOUS PROPERTY RIGHTS FOR JAGENAGENON: MINE!: HOW THE HIDDEN RULES OF OWNERSHIP CONTROL OUR LIVES. BY MICHAEL HELLER AND JAMES SALZMAN. NEW YORK, N.Y.: DOUBLEDAY. 2021. PP. 322. $17.00 |
136 Harvard Law Review 2074 (June, 2023) |
Many of our most basic rights and fundamental freedoms-- securing bodily autonomy, patenting inventions, maintaining authority over who (and what) can live inside our homes--are shaped by property law. In a new book by Professors Michael Heller and James Salzman, Mine!: How the Hidden Rules of Ownership Control Our Lives, the authors set out to... |
2023 |
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| Deanna Salem |
BIRTHRIGHT CITIZENSHIP AND THE PLIGHT OF AMERICAN SAMOA |
56 UIC Law Review 783 (Winter 2023) |
I. Introduction. 783 II. Background. 784 A. The Union between the United States of America and American Samoa (1900-1904). 785 B. The Insular Cases (1900-1922). 786 1. The Territorial Incorporation Doctrine Applied. 788 2. Reid v. Covert and the Impractical and Anomalous Standard (1957). 789 C. American Samoa: The Only U.S. Territory without... |
2023 |
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| Ashleigh Lussenden |
BLOOD QUANTUM AND THE EVER-TIGHTENING CHOKEHOLD ON TRIBAL CITIZENSHIP: THE REPRODUCTIVE JUSTICE IMPLICATIONS OF BLOOD QUANTUM REQUIREMENTS |
111 California Law Review 287 (February, 2023) |
Blood often serves as the basis for identity for many groups in the United States. Native Americans, however, are the only population in which blood is a requirement for collective belonging and can be the determining factor for whether one receives tribal benefits and services. Many Tribal Nations use blood quantum, the percentage of Indian blood... |
2023 |
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| Marcia Zug |
BRACKEEN AND THE "DOMESTIC SUPPLY OF INFANTS" |
56 Family Law Quarterly 175 (2022-2023) |
In November 2022, the Supreme Court heard oral arguments in Brackeen v. Haaland. The case concerns the constitutionality of the Indian Child Welfare Act (ICWA), a statute enacted in 1978 to help keep Indian children connected to their families and culture. Most Indian child and family advocates consider ICWA a success. The Act is routinely referred... |
2023 |
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| Sam J. Carter , Robin M. Rotman |
BURNING QUESTIONS: CHANGING LEGAL NARRATIVES ON CANNABIS IN INDIAN COUNTRY |
74 Mercer Law Review 993 (Spring, 2023) |
In the not-so-distant past, thoughts of Cannabis legalization in the United States were radical. In the present day, the narratives around Cannabis are changing. The term present day affixes this Article to early 2023, a snapshot in time. To understand the current legal narratives surrounding Cannabis, and what they might become in the future, it... |
2023 |
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| J. David Beck |
CAST ALL YOUR CARES UPON THE COURT: THE NEED FOR A MORE INCLUSIVE "SUBSTANTIAL BURDEN" |
69 Loyola Law Review 539 (Spring, 2023) |
INTRODUCTION. 540 I. BACKGROUND: WHAT'S THE BIG DEAL ABOUT RELIGION?. 544 A. Free Exercise Jurisprudence: A Brief Look. 547 B. Smith versus The Religious Freedom Restoration Act: The Current Free Exercise Analysis. 549 II. MAINSTREAM V. MINORITY: THE OPPRESSOR AND THEIR LANGUAGE PLOW ONWARD. 551 A. Christian Claimants and the Hobby Lobby Movement.... |
2023 |
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| Slam Dunkley |
CENTERING MNI WACONI IN WATER LAW: THE NATURE OF THE PONCA TRIBE OF OKLAHOMA'S WATER RIGHTS AND POTENTIAL METHODS TO ASCERTAIN THEM |
13 Arizona Journal of Environmental Law & Policy 24 (Summer, 2023) |
Water is not a natural resource. Water is a source of life that every being on this planet has an inalienable right to. For that reason, we say Mni Waconi which means Water is Life. The law of the United States, however, ignores this fact and attempts to create a means of dominion over a source of life that is sacred and gifted with the... |
2023 |
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| Catherine Y. Kim |
CITIZENSHIP OUTSIDE THE COURTS |
57 U.C. Davis Law Review 253 (November, 2023) |
The notion of citizenship lies at the core of our constitutional structure, determining possession of fundamental rights ranging from the rights to vote and hold public office to the right to enter and remain in the United States at all. Indeed, the entire constitutional project of self-governance rests on the premise of a defined group of We the... |
2023 |
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| Jason Buhi |
CITIZENSHIP, ASSIMILATION, AND THE INSULAR CASES: REVERSING THE TIDE OF CULTURAL PROTECTIONISM AT AMERICAN SAMOA |
53 Seton Hall Law Review 779 (2023) |
Notwithstanding the gravity of American sovereignty, the people of American Samoa have maintained a distinctive way of life: the fa'a Samoa. This resiliency reflects that American Samoa is in many ways the most unique of the five U.S. territories, including the fact that its residents are the only Americans who do not automatically attain... |
2023 |
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| Amy McMeeking |
CITIZENSHIP, SELF-DETERMINATION, AND CULTURAL PRESERVATION IN AMERICAN SAMOA |
70 UCLA Law Review 840 (September, 2023) |
Recent litigation about the Citizenship Clause's applicability in American Samoa exposes tensions between competing goals of inclusion, self-determination, and cultural preservation. The noncitizen national category and the Insular Cases are both legacies of a long tradition of racial exclusion in the United States, but their current significance... |
2023 |
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| Michelle David |
CLEAN UP YOUR ACT: THE U.S. GOVERNMENT'S CERCLA LIABILITY FOR URANIUM MINES ON THE NAVAJO NATION |
90 University of Chicago Law Review 1771 (October, 2023) |
This Comment delves into the Cold War legacy of uranium mines on the Navajo Nation. Today, unremediated hazardous waste from more than five hundred deserted mines has continued to poison the health and lands of the Navajo. This Comment argues that the federal government is ultimately liable for the remediation of these mines under the Comprehensive... |
2023 |
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| Geoff Strommer |
CLIMATE CHANGE IS FORCING INDIGENOUS COMMUNITIES TO RELOCATE WITH LITTLE ASSISTANCE FROM THE FEDERAL GOVERNMENT--BUT CONGRESS CAN MAKE IT EASIER? |
70-SPG Federal Lawyer 17 (Spring, 2023) |
As climate change becomes more and more of a reality for our planet, some of the most impacted communities are America's indigenous people. Tribal Nations (including Alaska Native villages) throughout the United States are experiencing climate threats such as flooding, erosion, permafrost degradation, ocean acidification, increased wildfires,... |
2023 |
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| Jeremy Rabkin |
COMMERCE WITH THE INDIAN TRIBES: ORIGINAL MEANINGS, CURRENT IMPLICATIONS |
56 Indiana Law Review 279 (2023) |
The Supreme Court's 2022 ruling in Oklahoma v. Castro-Huerta defied much current precedent and practice, as four dissenters protested. But neither side grappled with the Constitution's original meaning. Both text and early practice confirm that the federal power to regulate commerce with the Indian tribes was a different, more constrained power... |
2023 |
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| Torey Dolan |
CONGRESS' POWER TO AFFIRM INDIAN CITIZENSHIP THROUGH LEGISLATION PROTECTING NATIVE AMERICAN VOTING RIGHTS |
59 Idaho Law Review 47 (2023) |
American Indians' path to citizenship and the franchise has not been straightforward nor simple. The legacy of this complicated path bears out today in the myriad of ways that Native Americans lack equitable access to voting in state and federal elections and otherwise face barriers to participating in the body politic that non-Indians do not.... |
2023 |
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| Shannon M. Roesler |
CONSTITUTIONAL RESILIENCE |
80 Washington and Lee Law Review 1523 (Fall, 2023) |
Since the New Deal era, our system of constitutional governance has relied on expansive federal authority to regulate economic and social problems of national scale. Throughout the twentieth century, Congress passed ambitious federal statutes designed to address these problems. In doing so, it often enlisted states as regulatory partners--creating... |
2023 |
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| Monica Shaffer |
CONSTITUTIONALITY OF REPARATIONS FOR NATIVE AMERICANS: CONFRONTING THE BOARDING SCHOOLS |
49 Mitchell Hamline Law Review 403 (April, 2023) |
I. Introduction. 404 II. Government Mistreatment of Native Americans: Boarding Schools. 405 A. Historical Context of the Boarding Schools. 405 B. The Boarding School Experience. 406 C. Historical Trauma and Direct Impact. 410 D. Ripple Effects. 412 III. About Reparations and Native Americans. 414 A. General Review. 414 B. Types of Reparations:... |
2023 |
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