| Author | Title | Citation | Summary | Year | Key Terms |
| Margaret Schaff |
INDIAN COUNTRY AND THE AMERICAN ENERGY ECONOMY |
36-FALL Natural Resources & Environment 9 (Fall, 2021) |
Until the pandemic, my legal career involved traveling to visit American Indian (hereinafter Indian) tribes to address their energy issues and projects. Staying home this year, I reflected on the historical arc of Indian country's participation in the American energy economy and the future with a changing climate. Despite federal Indian policies in... |
2021 |
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| Elizabeth Kronk Warner , Heather Tanana |
INDIAN COUNTRY POST-MCGIRT: IMPLICATIONS FOR TRADITIONAL ENERGY DEVELOPMENT AND BEYOND |
45 Harvard Environmental Law Review 249 (2021) |
The decision in McGirt v. Oklahoma is being heralded as the most important Indian law decision of the last 100 years, as it affirmed the reservation boundaries of the Muscogee (Creek) Reservation--an area long considered by many to be under Oklahoma's jurisdiction. Following release of the U.S. Supreme Court's decision, the outcry from the oil and... |
2021 |
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| Aila Hoss |
INDIANA'S INDIAN LAWS: INDIGENOUS ERASURE AND RACISM IN THE LAND OF THE INDIANS |
30-SPG Kansas Journal of Law & Public Policy 184 (Spring, 2021) |
In response to a request for funding on Tribal and Indian law research, a director level position from Indiana University who reviewed a draft of the proposal stated that the author needed to clear why a team from the middle of Indiana is positioned to conduct this research and that it is her job to point out the obvious. In the author's... |
2021 |
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| Sonal Chhugani |
INDIA'S AADHAAR CARD--A VIOLATION OF INDIAN CITIZEN'S RIGHT TO PRIVACY |
4 Cardozo International & Comparative Law Review 733 (Winter, 2021) |
C1-3Table of Contents I. Introduction. 733 II. The Aadhaar Card. 736 A. Introduction to the Card and It's Processes. 736 1. Data Security. 737 2. Profiling. 740 3. Surveillance. 740 B. India's Right to Privacy and the Recent Indian Supreme Court Ruling. 741 III. International Right to Privacy Established Under the International Covenant on Civil... |
2021 |
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| Jason Anthony Robison |
INDIGENIZING GRAND CANYON |
2021 Utah Law Review 101 (2021) |
The magical place commonly called the Grand Canyon is Native space. Eleven tribes hold traditional connections to the canyon according to the National Park Service. This Article is about relationships between these tribes and the agency--past, present, and future. Grand Canyon National Park's 2019 centennial afforded a valuable opportunity to... |
2021 |
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| Trevor Reed |
INDIGENOUS DIGNITY AND THE RIGHT TO BE FORGOTTEN |
46 Brigham Young University Law Review 1119 (2021) |
C1-2Contents Introduction. 1119 I. Hopi Forgetting: A Case Study. 1123 II. Theorizing Anonymous Care. 1128 III. Understanding Indigenous Erasure. 1133 IV. Toward an Indigenous Right to Be Forgotten. 1138 Conclusion. 1146 |
2021 |
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| Kristen Carpenter , Alexey Tsykarev |
INDIGENOUS PEOPLES AND DIPLOMACY ON THE WORLD STAGE |
115 AJIL Unbound 118 (2021) |
Indigenous Peoples are emerging as diplomats on the world stage. With states relinquishing some soft power space to non-state actors, the role of Indigenous Peoples in international diplomacy and particularly human rights diplomacy is both distinctive and important. Indigenous Peoples are neither states nor international organizations nor NGOs;... |
2021 |
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| Dr. Daniel Rietiker |
INDIGENOUS PEOPLES' RIGHT TO WATER IN TIMES OF COVID-19: ASSESSMENT OF THE PROTECTION UNDER INTERNATIONAL LAW AND RECOMMENDATIONS FOR HUMAN RIGHTS LITIGATION |
44 Suffolk Transnational Law Review 1 (Winter, 2021) |
While rivers flow through Navajo lands and are used to irrigate golf courses in Phoenix, the Navajo lack legal entitlement to that water and amidst the coronavirus crisis, cannot even get sufficient plumbing to wash their hands. Indigenous peoples have suffered and continue to suffer from human rights abuses more than the rest of the population.... |
2021 |
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| Grant Christensen |
INDIGENOUS PERSPECTIVES ON CORPORATE GOVERNANCE |
23 University of Pennsylvania Journal of Business Law 902 (2021) |
Introduction. 903 I. The Traditional Model of Corporate Governance. 908 A. The Origins of Shareholder Primacy. 910 B. The Intervening Role of the Business Judgment Rule. 912 II. The Need to Rethink Shareholder Primacy. 914 III. Indigenous Corporations. 917 A. Chthonic or Autochthonous Law. 918 B. Autochthonous Governance. 923 1. Indigenous... |
2021 |
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| Mary Jane Angelo , J.W. Glass |
INTEGRATED ESTUARY GOVERNANCE |
45 William and Mary Environmental Law and Policy Review 455 (Winter, 2021) |
Estuaries are complex, dynamic ecosystems that play a critical role in supporting crucial economic industries, such as commercial fishing and tourism, and providing the resources necessary to sustain coastal communities. A range of anthropogenic environmental stressors are threatening the health of estuaries throughout the world. Traditional... |
2021 |
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| Railla Veronica D. Puno |
INTEGRATING SOCIAL AND ENVIRONMENTAL SAFEGUARDS IN THE IMPLEMENTATION OF THE PARIS AGREEMENT'S SUSTAINABLE DEVELOPMENT MECHANISM |
51 Environmental Law 205 (Spring, 2021) |
Climate change is without a doubt the single most daunting challenge of our time. The impacts of climate change are already being felt and indicators show that they are here to stay. While early projections demonstrate that the Paris Agreement falls short of the efforts needed in the face of the looming climate crisis, the inclusion of new... |
2021 |
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| Colin McKenzie |
INTEGRATING THE LAW OF THE RIO CHAMA THROUGH INSTITUTIONAL ONTOLOGIES OF THE MIDDLE RIO GRANDE BASIN |
61 Natural Resources Journal 253 (Summer, 2021) |
Terror is lawfulness, if law is the law of the movement of some suprahuman force, Nature or History. * * * If the essence of government is defined as lawfulness, and if it is understood that laws are the stabilizing forces in the public affairs of men (as indeed it always has been since Plato invoked Zeus, the god of the boundaries, in his Laws),... |
2021 |
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| Valentina Vadi |
INTER-CIVILIZATIONAL APPROACHES TO INVESTOR-STATE DISPUTE SETTLEMENT |
42 University of Pennsylvania Journal of International Law 737 (Spring, 2021) |
After having described the main features of investor-state arbitration and the key challenges it is facing, this Article investigates whether arbitral tribunals can be analogised to global constitutional courts, or whether they are analogous to other international tribunals. It then examines the promises and pitfalls of constitutional theories of... |
2021 |
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| Greta Carlson |
INTERNATIONAL LAW IN THE ARCTIC: LOOMING CONFLICTS OVER RESOURCES, SHIPING, AND REGIONAL INFLUENCE |
24 Currents: Journal of International Economic Law 92 (2021) |
The Arctic region's strategic location and natural resources make it a place of increasing interest for many countries--both Arctic and non-Arctic. Global warming has revealed previously inaccessible sea routes and natural resources. The United Nations Convention on the Law of the Sea (UNCLOS) provides a mechanism by which Arctic coastal countries... |
2021 |
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| Christopher Rossi |
INTERSTITIAL SPACE AND THE HIGH HIMALAYAN DISPUTE BETWEEN CHINA AND INDIA |
62 Harvard International Law Journal 429 (Summer, 2021) |
A border dispute between Indian and Chinese troops, the most dangerous in forty-five years, has roiled relations in the High Himalayan valleys and plateaus separating India (Ladakh) and China (Aksai Chin). Against this barren landscape, ancient pathways connecting Central, South, and East Asia converge, making the area today a key nodal point of... |
2021 |
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| Mary Kathryn Nagle |
INTRODUCTION |
56 Tulsa Law Review 363 (Spring, 2021) |
On the far end of the Trail of Tears was a promise. The Supreme Court's decision to uphold this promise--a promise that the U.S. Constitution declares to be the supreme law of the land --has inspired more celebration, poetry, and tears than quite possibly any other U.S. Supreme Court case concerning tribal nations in the Court's entire 230... |
2021 |
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| S. James Anaya , Antony Anghie |
INTRODUCTION TO THE SYMPOSIUM ON THE IMPACT OF INDIGENOUS PEOPLES ON INTERNATIONAL LAW |
115 AJIL Unbound 116 (2021) |
The field of Indigenous Peoples' rights has transformed international law. This is reflected in recent developments relating to Indigenous Peoples across a range of areas of international law. For example, in addition to the adoption of international instruments specifically concerning Indigenous Peoples, the United Nations and regional authorities... |
2021 |
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| Monica C. Bell , Katherine Beckett , Forrest Stuart |
INVESTING IN ALTERNATIVES: THREE LOGICS OF CRIMINAL SYSTEM REPLACEMENT |
11 UC Irvine Law Review 1291 (August, 2021) |
What logics underlie the call to defund the police, and how do those logics matter in policy debate? In the wake of widespread protests after the deaths of George Floyd, Breonna Taylor, and other victims of police violence during the summer of 2020, the Black Lives Matter movement's call to defund the police captured the national imagination.... |
2021 |
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| James Fischer |
IS ONLINE SPORT BETTING ILLEGAL IN CALIFORNIA? |
18 Hastings Business Law Journal 61 (Winter 2021) |
C1-2Table of Contents I. Introduction. 61 II. History of Gambling in California. 64 A. Horse racing. 65 B. Cardrooms. 65 C. Lottery. 66 D. Tribal Casinos. 68 E. Other Forms of Gambling. 69 F. Sports Betting. 69 III. The California Constitution. 70 IV. The California Penal Code. 78 A. Customer's Conduct. 79 B. Debbie's Conduct. 89 V. California... |
2021 |
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| James R. Steiner-Dillon |
IS TRUTH TRUTH? |
109 Kentucky Law Journal 477 (2020-2021) |
Truth isn't truth, Rudy Giuliani infamously asserted. Though critiqued as a manifestation of the alternative facts mindset in a post-truth era, Giuliani's words, taken in context, embody a practitioner's insight into several compelling theoretical questions concerning the nature of legal truth and the construction of facts by legal... |
2021 |
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| Bill Denke , Bruce Lee , Matthew Lysakowski , Jason O'Neal , Chief of Police, Sycuan Tribal Police Department, Public Safety Director, Poarch Band of Creek Indians, Senior Advisor for Tribal Affairs, Office of Community Oriented Policing Services, Departm |
JURISDICTIONAL SOLUTIONS IN INDIAN COUNTRY TO SUPPORT MISSING OR MURDERED INDIGENOUS PEOPLE EFFORTS |
69 Department of Justice Journal of Federal Law and Practice 71 (January, 2021) |
Jurisdictional challenges in Indian country may hamper tribal law enforcement's efforts to address missing or murdered Indigenous persons cases. To provide justice and fair treatment of tribal members and communities, tribal law enforcement must work in close cooperation with their local, state, and federal law enforcement partners in and around... |
2021 |
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| Angelique EagleWoman (Wambdi A. Was'teWinyan) |
JURISPRUDENCE AND RECOMMENDATIONS FOR TRIBAL COURT AUTHORITY DUE TO IMPOSITION OF U.S. LIMITATIONS |
47 Mitchell Hamline Law Review 342 (February, 2021) |
I. Introduction. 342 II. Questioning the Legal Basis for the Courts of Indian Offenses. 344 A. The Context of Shifting U.S. Indian Policies. 345 B. Courts of Indian Offenses as Assimilation Era Federal Instrumentalities. 347 III. Transition to Indian Self-Government and Modern Tribal Courts. 351 A. The Operation of Tribal Courts. 352 B. Tribal... |
2021 |
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| Aziz Rana |
KEYNOTE SPEECH, UCLA LAW REVIEW SYMPOSIUM 2020: LAW AND EMPIRE IN THE AMERICAN CENTURY |
67 UCLA Law Review 1432 (April, 2021) |
This keynote speech was delivered on January 31, 2020. It argues that dominant narratives of American legal liberalism and global exceptionalism increasingly find themselves under real political and intellectual strain, even among mainstream scholars and practitioners of constitutional law and public international law. The speech then draws from... |
2021 |
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| Joshua Rosenberg |
KŪ KIA'I MAUNA: PROTECTING INDIGENOUS RELIGIOUS RIGHTS |
96 Washington Law Review 277 (March, 2021) |
Courts historically side with private interests at the expense of Indigenous religious rights. Continuing this trend, the Hawai'i State Supreme Court allowed the Thirty-Meter-Telescope to be built atop Maunakea, a mountain sacred to Native Hawaiians. This decision led to a mass protest that was organized by Native Hawaiian rights... |
2021 |
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| Sherlyn Abdullah |
LEARNING FROM INDIA'S TKDL: DIGITIZATION AS A TOOL TO PROTECT CULTURAL PROPERTY AND AN ARGUMENT FOR DOING IT YOURSELF |
5 Georgetown Law Technology Review 99 (May, 2021) |
C1-2Table of Contents I. Introduction. 100 II. An Overview of Traditional Knowledge and Traditional Cultural Expressions. 101 III. Digitization Generally and Intellectual Property Implications. 103 IV. Who Should Digitize? The Historical Role of Memory Institutions and The Need For Change. 105 A. Memory Institutions' Use of Digitization to Preserve... |
2021 |
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| Nina Ciffolillo |
LEGAL BARRIERS TO TRIBAL JURISDICTION OVER VIOLENCE AGAINST WOMEN IN MAINE: DEVELOPMENTS AND PATHS FORWARD |
73 Maine Law Review 351 (2021) |
I. Introduction: Tribal Jurisdiction in the United States and Maine II. Violence Against Indigenous Women and the Violence Against Women Act (VAWA), Nationally and in MaineE A. On the National Scale B. In Maine III. Prospects of Prosecuting in Maine Tribal Courts IV. Weaknesses and Potential for More Effective Solutions in the U.S. and in... |
2021 |
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| Mirko Bagaric , Peter Isham , Jennifer Svilar , Theo Alexander |
LESS PRISON TIME MATTERS: A ROADMAP TO REDUCING THE DISCRIMINATORY IMPACT OF THE SENTENCING SYSTEM AGAINST AFRICAN AMERICANS AND INDIGENOUS AUSTRALIANS |
37 Georgia State University Law Review 1405 (Summer, 2021) |
The criminal justice system discriminates against African Americans. There are a number of stages of the criminal justice process. Sentencing is the sharp end of the system because this is where the community acts in its most coercive manner by intentionally inflecting hardships on offenders. African Americans comprise approximately 40% of the... |
2021 |
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| Rebekah Ross |
LET INDIANS DECIDE: HOW RESTRICTING BORDER PASSAGE BY BLOOD QUANTUM INFRINGES ON TRIBAL SOVEREIGNTY |
96 Washington Law Review 311 (March, 2021) |
American immigration laws have been explicitly racial throughout most of the country's history. For decades, only White foreign nationals could become naturalized citizens. All racial criteria have since vanished from the Immigration and Nationality Act (INA)--all but one. Section 289 of the INA allows American Indians born in Canada to... |
2021 |
Yes |
| Adam Crepelle |
LIES, DAMN LIES, AND FEDERAL INDIAN LAW: THE ETHICS OF CITING RACIST PRECEDENT IN CONTEMPORARY FEDERAL INDIAN LAW |
44 New York University Review of Law and Social Change 529 (2021) |
Federal Indian law is rooted in history. Present day Indian law practitioners routinely cite cases from the 1800s. Most of the jurisprudence dealing with Indians in the 1800s is flagrantly racist and based upon grossly erroneous stereotypes about Indians. Contemporary Indian rights continuously erode because federal Indian law remains stuck in the... |
2021 |
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| Carol Zhang |
LINGUISTIC MINORITIES WITH DISABILITIES AND THE RIGHT TO NATIVE LANGUAGE INSTRUCTION |
22 Chicago Journal of International Law 335 (Summer, 2021) |
This Comment examines whether international law guarantees for linguistic minorities with disabilities the right to native language instruction. Linguistic minorities with disabilities currently face two challenges: the barriers presented by their disability and the difficulties of learning the majority language. A right to native language... |
2021 |
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| Kristen A. Carpenter |
LIVING THE SACRED: INDIGENOUS PEOPLES AND RELIGIOUS FREEDOM, DEFEND THE SACRED: NATIVE AMERICAN RELIGIOUS FREEDOM BEYOND THE FIRST AMENDMENT. BY MICHAEL D. MCNALLY. PRINCETON, N.J.: PRINCETON UNIVERSITY PRESS. 2020. PP. 376. $99.95 |
134 Harvard Law Review 2103 (April, 2021) |
In recent years, the Supreme Court has shown solicitude for religious freedom claims arising under the First Amendment and federal statutes. Cases expanding the scope of free exercise and narrowing limitations on government establishment have favored religious belief and practice, even when arguably pitted against core concerns about public health... |
2021 |
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| Nestor M. Davidson |
LOCAL CONSTITUTIONS |
99 Texas Law Review 839 (April, 2021) |
Municipal charters are the forgotten constitutions of our federal system. Scholars generally understand our democracy to be governed by federal and state constitutions, but there is a third, almost entirely ignored realm of constitutional law and practice that lives at the local-government level, embodied in the charters that govern cities,... |
2021 |
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| Amanda Tesarek |
MAKING THE "BEST" BETTER: TRANSFERRING BEST INTERESTS DETERMINATIONS TO TRIBES AS A SOLUTION TO THE ONGOING POST-COLONIAL INDIGENOUS CHILD WELFARE CRISIS |
30 Minnesota Journal of International Law 395 (Spring, 2021) |
Kill the Indian in him, and save the man. [C]ontinue until there is not a single Indian in Canada that has not been absorbed into the body politic and there is no Indian question, and no Indian department. [T]he destiny of the natives of aboriginal origin . lies in their ultimate absorption by the people of the Commonwealth . These... |
2021 |
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| Ana Condes |
MAN CAMPS AND BAD MEN: LITIGATING VIOLENCE AGAINST AMERICAN INDIAN WOMEN |
116 Northwestern University Law Review 515 (2021) |
The crisis of sexual violence plaguing Indian Country is made drastically worse by oil-pipeline construction, which often occurs near reservations. The man camps constructed to house pipeline workers are hotbeds of rape, domestic violence, and sex trafficking, and American Indian women are frequently targeted due to a perception that... |
2021 |
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| Judith Resnik |
MATURE AGGREGATION AND ANGST: REFRAMING COMPLEX LITIGATION BY ECHOING FRANCIS MCGOVERN'S EARLY INSIGHTS INTO REMEDIAL INNOVATION |
84 Law and Contemporary Problems 231 (2021) |
My introduction to Francis McGovern came in the fall of 1985, when the Yale Law School hosted a National Conference on Litigation Management. There, federal district judge Richard Enslen, who sat in the Western District of Michigan, talked about his experiences dealing with a volatile lawsuit involving fishing rights in the Great Lakes. An 1836... |
2021 |
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| Robert J. Miller |
MCGIRT v. OKLAHOMA: THE INDIAN LAW BOMBSHELL |
68-APR Federal Lawyer 30 (March/April, 2021) |
Note: A longer version of this article will be published in the 101 B.U. L. Rev. __ (2021). On July 9, 2020, in a 5-4 decision, the U.S. Supreme Court held in McGirt v. Oklahoma that the 3,250,000-acre Muscogee Creek Nation (MCN) reservation still exists. This case has already created major political, legal, and societal changes for the MCN and... |
2021 |
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| Ryan Gormley, Mary Bacon, Marisa Rodriguez, (WEINBERG, WHEELER, HUDGINS, GUNN & DIAL, LLC), (SPENCER FANE LLP), (CITY OF NORTH LAS VEGAS) |
MEET KOSTAN LATHOURIS |
29-JUL Nevada Lawyer 31 (July, 2021) |
When Kostan Lathouris entered law school, he had a different focus than most. He wanted to better position himself to be of service to his tribe: the Chemehuevi (cheh-meh-way-vee) Indian Tribe. And since graduating law school, he has done precisely that. Lathouris serves on the Chemehuevi Tribal Council, which consists of nine members and is the... |
2021 |
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| Barbara Zaragoza |
MILITARIZED PICNICS: A COMPARATIVE ANALYSIS OF PEACE PARKS AT THE U.S.-MEXICO AND U.S.-CANADIAN BORDERS |
51 California Western International Law Journal 457 (Spring, 2021) |
C1-2Table of Contents Introduction. 458 I. The Borderlands of the United States: Two Parks, Two Boundaries, Two Regulatory Agencies. 462 A. Peace Parks at the Borderlands. 462 1. Peace Arch Park. 464 2. Friendship Park. 467 B. The Sovereign State and the Creation of Borders. 473 1. The United States-Canadian Border. 473 2. The International... |
2021 |
Yes |
| Jonathan Riedel |
MIRRORED HARMS: UNINTENDED CONSEQUENCES IN THE GRANT OF TRIBAL COURT JURISDICTION OVER NON-INDIAN ABUSERS |
45 American Indian Law Review 211 (2021) |
Rates of domestic violence are astonishingly high in Indian Country. More than half of Indian women have experienced physical violence in their lifetimes. They are twice as likely to experience rape as white women and to experience more violent rape when it occurs. Their plight is also deeply intertwined with race: 90% of women reported that the... |
2021 |
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| Heather Sauyaq Jean Gordon , Travis W.M. Roberts , Management and Program Analyst, Administration for Native Americans, Department of Health and Human Services, Program Analyst, Administration for Native Americans, Department of Health and Human Services |
MISSING OR MURDERED INDIGENOUS PEOPLE: CULTURALLY BASED PREVENTION STRATEGIES |
69 Department of Justice Journal of Federal Law and Practice 47 (January, 2021) |
To address the ongoing crisis of missing or murdered Indigenous persons (MMIP), we must explore the historical context that led to the extent of the victimization today. The issue is steeped in centuries of interracial physical and cultural violence carried out through colonial oppression of Indigenous peoples. What began with European... |
2021 |
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| Delaney Perl |
MITIGATING DISPARITIES IN ACCESS TO HEALTHCARE AMONG NATIVE AMERICAN COMMUNITIES THROUGH TELEHEALTH |
30 Annals of Health Law Advance Directive 247 (Spring, 2021) |
Marginalized communities have long suffered from various health disparities including access to healthcare. Native Americans in particular suffer from a wide range of socioeconomic, physical, and mental health disparities. More than twenty-five percent of Native Americans are living in poverty, and in some reservations, the rate of unemployment is... |
2021 |
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| Cody Uyeda |
MOUNTAINS, TELESCOPES, AND BROKEN PROMISES: THE DIGNITY TAKING OF HAWAII'S CEDED LANDS |
28 Asian American Law Journal 65 (2021) |
Introduction. 66 I. Why Native Hawaiian Dignity Restoration Matters Today. 67 A. Bettering Native Hawaiian Health. 67 B. Re-Righting Hawaiian History. 69 II. Hawaii's Annexation and Formation of the Ceded Lands. 70 A. Overthrow and Annexation. 70 B. Formation of Hawaii's Ceded Lands. 71 C. The Ceded Lands Dispute. 74 D. The Ceded Lands Today. 76... |
2021 |
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| André B. Rosay , Professor of Justice & Associate Dean, College of Health, University of Alaska Anchorage |
NATIONAL SURVEY ESTIMATES OF VIOLENCE AGAINST AMERICAN INDIAN AND ALASKA NATIVE PEOPLE |
69 Department of Justice Journal of Federal Law and Practice 91 (January, 2021) |
When one in three Native American women will be raped in their lifetimes, that is an assault on our national conscience; it is an affront to our shared humanity; it is something that we cannot allow to continue. Advocates, researchers, practitioners, and policymakers are increasingly working together to raise awareness on the level of violence... |
2021 |
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| John Taschner |
NATIVE HAWAIIANS' DISPROPORTIONAL INCARCERATION RATES LEADING TO DISPROPORTIONAL JAIL DEATHS |
21 Journal of Law in Society 93 (Winter, 2021) |
Introduction. 93 I. Native Hawaiians: Historically High Rates of Incarceration. 96 A. The Native Hawaiian Diaspora: Legacy of Inequality and Struggle. 99 II. Native Hawaiians and Justice: Incarceration of Hawaiian Community and Hawaiian Culture. 104 A. Incarcerated Native Hawaiians: High Rates of COVID-19. 106 III. Call for Overdue Reform:... |
2021 |
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| Katherine M. Cole |
NATIVE TREATIES AND CONDITIONAL RIGHTS AFTER HERRERA |
73 Stanford Law Review 1047 (April, 2021) |
Due to the complex and often troubled history of relations between the United States and Native nations, special rules apply when courts interpret Native treaties. For example, when interpreting the scope of treaty rights, courts apply a unique set of canons of construction generally favoring the Native nations. Further, before courts... |
2021 |
Yes |
| Ndjuoh MehChu |
NICKELS AND DIMES? RETHINKING THE IMPOSITION OF SPECIAL ASSESSMENT FEES ON INDIGENT DEFENDANTS |
99 North Carolina Law Review 1477 (September, 2021) |
The Eighth Amendment to the U.S. Constitution bars the imposition of excessive fines. Despite this seemingly straightforward mandate, case law is not harmonious on the meaning of excessive under the Eighth Amendment. Significant questions persist as to whether imposing an economic sanction on a defendant that lacks any ability to pay is... |
2021 |
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NONDELEGATION'S UNPRINCIPLED FOREIGN AFFAIRS EXCEPTIONALISM |
134 Harvard Law Review 1132 (January, 2021) |
In their efforts to restrain the administrative state, the Supreme Court's conservative Justices face a quandary: The source of administrative agencies' power--statutory delegations from Congress--is also responsible for much of the presidential authority over foreign affairs and national security that these Justices hold in high regard. Consider... |
2021 |
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| Jessica Tueller |
NOT HERS ALONE: VICTIM STANDING BEFORE THE CEDAW COMMITTEE AFTER M.W. v. DENMARK |
131 Yale Law Journal 256 (October, 2021) |
M.W. v. Denmark constitutes the first case in which the Committee on the Elimination of Discrimination against Women (CEDAW Committee) granted victim standing to an individual who did not identify as a woman to allege a violation of their rights under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).... |
2021 |
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| Michele Statz, PhD |
ON SHARED SUFFERING: JUDICIAL INTIMACY IN THE RURAL NORTHLAND |
55 Law and Society Review 5 (March, 2021) |
Rural state and tribal court judges in the upper US Midwest offer an embodied alternative to prevailing understandings of access to justice. Owing to the high density of social acquaintanceship, coupled with the rise in unrepresented litigants and the impossibility of most proposed state access to justice initiatives, what ultimately makes a... |
2021 |
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| Michael McCann , Filiz Kahraman |
ON THE INTERDEPENDENCE OF LIBERAL AND ILLIBERAL/AUTHORITARIAN LEGAL FORMS IN RACIAL CAPITALIST REGIMES . THE CASE OF THE UNITED STATES |
17 Annual Review of Law and Social Science 483 (2021) |
legal orders, race and inequality, labor, capitalism, authoritarianism, liberalism Scholars conventionally distinguish between liberal and illiberal, or authoritarian, legal orders. Such distinctions are useful but often simplistic and misleading, as many regimes are governed by plural, dual, or hybrid legal institutions, principles, and practices.... |
2021 |
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