| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Clifford J. Villa |
"DON'T BLAME THE FLINT RIVER" |
52 Environmental Law 341 (Summer, 2022) |
Since appearing in modern form fifty years ago, the Clean Water Act has proven a powerful force for environmental justice, helping to clean up urban waterways across the country. Through establishment of water quality standards and enforcement of regulatory requirements, the Clean Water Act has compelled public authorities and private companies to... |
2022 |
|
| Author |
Clifford J. Villa |
| Title |
"DON'T BLAME THE FLINT RIVER" |
| Citation |
52 Environmental Law 341 (Summer, 2022) |
| Summary |
Since appearing in modern form fifty years ago, the Clean Water Act has proven a powerful force for environmental justice, helping to clean up urban waterways across the country. Through establishment of water quality standards and enforcement of regulatory requirements, the Clean Water Act has compelled public authorities and private companies to... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Margo A. Bagley |
"JUST" SHARING: THE VIRTUES OF DIGITAL SEQUENCE INFORMATION BENEFIT-SHARING FOR THE COMMON GOOD |
63 Harvard International Law Journal 1 (Winter, 2022) |
Genome sequence information is being used to develop improvements in diverse product areas from agriculture to therapeutics. In fact, the rapid development of COVID-19 vaccines required access to the genome sequence of the virus. Beyond the COVID-19 context, however, vast amounts of what is being called digital sequence information (DSI) are being... |
2022 |
|
| Author |
Margo A. Bagley |
| Title |
"JUST" SHARING: THE VIRTUES OF DIGITAL SEQUENCE INFORMATION BENEFIT-SHARING FOR THE COMMON GOOD |
| Citation |
63 Harvard International Law Journal 1 (Winter, 2022) |
| Summary |
Genome sequence information is being used to develop improvements in diverse product areas from agriculture to therapeutics. In fact, the rapid development of COVID-19 vaccines required access to the genome sequence of the virus. Beyond the COVID-19 context, however, vast amounts of what is being called digital sequence information (DSI) are being... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Mary Christina Wood |
"ON THE EVE OF DESTRUCTION": COURTS CONFRONTING THE CLIMATE EMERGENCY |
97 Indiana Law Journal 239 (Winter, 2022) |
In the dim and smokey twilight, with only bare necessities in tow, a family rushes to escape the wildfire racing toward them. Elsewhere, a household evacuates just ahead of a category five hurricane, perhaps not for the first time. Along the coastlines, countless others are resigned to looking on as their homesites erode into the inexorably rising... |
2022 |
|
| Author |
Mary Christina Wood |
| Title |
"ON THE EVE OF DESTRUCTION": COURTS CONFRONTING THE CLIMATE EMERGENCY |
| Citation |
97 Indiana Law Journal 239 (Winter, 2022) |
| Summary |
In the dim and smokey twilight, with only bare necessities in tow, a family rushes to escape the wildfire racing toward them. Elsewhere, a household evacuates just ahead of a category five hurricane, perhaps not for the first time. Along the coastlines, countless others are resigned to looking on as their homesites erode into the inexorably rising... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Claire Blumenthal |
"WE HOLD THE GOVERNMENT TO ITS WORD": HOW MCGIRT v. OKLAHOMA REVIVES ABORIGINAL TITLE |
131 Yale Law Journal 2326 (May, 2022) |
This Note analyzes for the first time how McGirt v. Oklahoma could revive aboriginal-title land claims against the United States and create an opening for Land Back litigation. It argues that McGirt directs lower courts to enforce aboriginal title's congressional-intent requirement strictly and renews the relevance of an overlooked case from 2015,... |
2022 |
|
| Author |
Claire Blumenthal |
| Title |
"WE HOLD THE GOVERNMENT TO ITS WORD": HOW MCGIRT v. OKLAHOMA REVIVES ABORIGINAL TITLE |
| Citation |
131 Yale Law Journal 2326 (May, 2022) |
| Summary |
This Note analyzes for the first time how McGirt v. Oklahoma could revive aboriginal-title land claims against the United States and create an opening for Land Back litigation. It argues that McGirt directs lower courts to enforce aboriginal title's congressional-intent requirement strictly and renews the relevance of an overlooked case from 2015,... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Cree Jones , Weijia Rao |
(UN)STABLE BITS |
47 Yale Journal of International Law 247 (Summer, 2022) |
INTRODUCTION. 248 A. Popular Narrative. 252 B. Disentangling Preferences. 254 I. NEGOTIATION INPUT, EVOLVING PREFERENCES, AND TREATY TERMINATION. 257 A. An Overview. 258 B. Mass Terminators: India & Ecuador. 261 C. Incremental Terminators: Indonesia & South Africa. 263 D. Renegotiators: Germany & China. 264 E. Termination by Consent. 266 F.... |
2022 |
Yes |
| Author |
Cree Jones , Weijia Rao |
| Title |
(UN)STABLE BITS |
| Citation |
47 Yale Journal of International Law 247 (Summer, 2022) |
| Summary |
INTRODUCTION. 248 A. Popular Narrative. 252 B. Disentangling Preferences. 254 I. NEGOTIATION INPUT, EVOLVING PREFERENCES, AND TREATY TERMINATION. 257 A. An Overview. 258 B. Mass Terminators: India & Ecuador. 261 C. Incremental Terminators: Indonesia & South Africa. 263 D. Renegotiators: Germany & China. 264 E. Termination by Consent. 266 F.... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Charles R. Venator-Santiago |
¿CUÁLES SON LAS FUENTES CONSTITUCIONALES DE LA LEGISLACIÓN SOBRE LA CIUDADANÍA DE LOS ESTADOS UNIDOS PARA PUERTO RICO? |
91 Revista Juridica Universidad de Puerto Rico 793 (2022) |
Introducción. 793 I. Teorías especulativas. 795 II. Definiendo el estatus político de Puerto Rico. 801 III. Una visión general de la legislación de ciudadanía extendida a Puerto Rico. 810 A. Fuentes constitucionales de la ciudadanía de los Estados Unidos en 1898. 811 B. Nacionalidad no ciudadana o ciudadanía puertorriqueña 1898-1934. 812 C.... |
2022 |
|
| Author |
Charles R. Venator-Santiago |
| Title |
¿CUÁLES SON LAS FUENTES CONSTITUCIONALES DE LA LEGISLACIÓN SOBRE LA CIUDADANÍA DE LOS ESTADOS UNIDOS PARA PUERTO RICO? |
| Citation |
91 Revista Juridica Universidad de Puerto Rico 793 (2022) |
| Summary |
Introducción. 793 I. Teorías especulativas. 795 II. Definiendo el estatus político de Puerto Rico. 801 III. Una visión general de la legislación de ciudadanía extendida a Puerto Rico. 810 A. Fuentes constitucionales de la ciudadanía de los Estados Unidos en 1898. 811 B. Nacionalidad no ciudadana o ciudadanía puertorriqueña 1898-1934. 812 C.... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Michael C. Blumm, Gregory A. Allen |
30 BY 30, AREAS OF CRITICAL ENVIRONMENTAL CONCERN, AND TRIBAL CULTURAL LANDS |
52 Environmental Law Reporter (ELI) 10366 (May, 2022) |
President Joe Biden's Executive Order No. 14008 of January 2021 called for the Administration to conserve at least 30% of the nation's lands and waters by 2030. To accomplish this ambitious 30 by 30 effort, the Order directed federal agencies to work with tribal governments, among others, to propose lands and waters as qualifying for... |
2022 |
|
| Author |
Michael C. Blumm, Gregory A. Allen |
| Title |
30 BY 30, AREAS OF CRITICAL ENVIRONMENTAL CONCERN, AND TRIBAL CULTURAL LANDS |
| Citation |
52 Environmental Law Reporter (ELI) 10366 (May, 2022) |
| Summary |
President Joe Biden's Executive Order No. 14008 of January 2021 called for the Administration to conserve at least 30% of the nation's lands and waters by 2030. To accomplish this ambitious 30 by 30 effort, the Order directed federal agencies to work with tribal governments, among others, to propose lands and waters as qualifying for... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Anita Sinha |
A LINEAGE OF FAMILY SEPARATION |
87 Brooklyn Law Review 445 (Winter, 2022) |
History, as nearly no one seems to know, is not merely something to be read. And it does not refer merely, or even principally, to the past. On the contrary, the great force of history comes from the fact that we carry it within us .. This article is rooted in the belief that the articulation of shared narrative histories advances the pursuit of... |
2022 |
|
| Author |
Anita Sinha |
| Title |
A LINEAGE OF FAMILY SEPARATION |
| Citation |
87 Brooklyn Law Review 445 (Winter, 2022) |
| Summary |
History, as nearly no one seems to know, is not merely something to be read. And it does not refer merely, or even principally, to the past. On the contrary, the great force of history comes from the fact that we carry it within us .. This article is rooted in the belief that the articulation of shared narrative histories advances the pursuit of... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Reuven Avi-Yonah , Young Ran (Christine) Kim , Karen Sam |
A NEW FRAMEWORK FOR DIGITAL TAXATION |
63 Harvard International Law Journal 279 (Spring, 2022) |
The international tax regime has wide implications for business, trade, and the international political economy. Under current law, multinational enterprises do not pay their fair share of taxes to market countries where profits are generated because market countries are only allowed to tax companies with a physical presence there. Digital... |
2022 |
|
| Author |
Reuven Avi-Yonah , Young Ran (Christine) Kim , Karen Sam |
| Title |
A NEW FRAMEWORK FOR DIGITAL TAXATION |
| Citation |
63 Harvard International Law Journal 279 (Spring, 2022) |
| Summary |
The international tax regime has wide implications for business, trade, and the international political economy. Under current law, multinational enterprises do not pay their fair share of taxes to market countries where profits are generated because market countries are only allowed to tax companies with a physical presence there. Digital... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Heather Odell |
ACCOUNTABLE TO NONE? CHALLENGING SOVEREIGN IMMUNITY THROUGH THE TRAFFICKING VICTIMS PROTECTION ACT |
63 Boston College Law Review 1517 (April, 2022) |
Abstract: Although amendments to the Trafficking Victims Protection Act (TVPA) have opened the door to greater corporate liability, government liability under the TVPA remains murky. A critical barrier that plaintiffs suing government entities confront is the broad protection from suit that states enjoy under the Eleventh Amendment. One of the few... |
2022 |
Yes |
| Author |
Heather Odell |
| Title |
ACCOUNTABLE TO NONE? CHALLENGING SOVEREIGN IMMUNITY THROUGH THE TRAFFICKING VICTIMS PROTECTION ACT |
| Citation |
63 Boston College Law Review 1517 (April, 2022) |
| Summary |
Abstract: Although amendments to the Trafficking Victims Protection Act (TVPA) have opened the door to greater corporate liability, government liability under the TVPA remains murky. A critical barrier that plaintiffs suing government entities confront is the broad protection from suit that states enjoy under the Eleventh Amendment. One of the few... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Ekrem Korkut, Lara B. Fowler, Kathleen E. Halvorsen, Davin Holen, E. Lance Howe, Guangqing Chi |
ADDRESSING CLIMATE IMPACTS IN ALASKA NATIVE TRIBES: LEGAL BARRIERS FOR COMMUNITY RELOCATION DUE TO THAWING PERMAFROST AND COASTAL EROSION |
40 UCLA Journal of Environmental Law & Policy 185 (2022) |
Rural communities in Alaska--predominantly Alaska Native Tribes--are at the forefront of climate change impacts and climate justice concerns in the United States. According to the 2019 Alaska statewide threat assessment report, 29 communities are currently experiencing significant climate change-related erosion. Further, 38 communities face... |
2022 |
|
| Author |
Ekrem Korkut, Lara B. Fowler, Kathleen E. Halvorsen, Davin Holen, E. Lance Howe, Guangqing Chi |
| Title |
ADDRESSING CLIMATE IMPACTS IN ALASKA NATIVE TRIBES: LEGAL BARRIERS FOR COMMUNITY RELOCATION DUE TO THAWING PERMAFROST AND COASTAL EROSION |
| Citation |
40 UCLA Journal of Environmental Law & Policy 185 (2022) |
| Summary |
Rural communities in Alaska--predominantly Alaska Native Tribes--are at the forefront of climate change impacts and climate justice concerns in the United States. According to the 2019 Alaska statewide threat assessment report, 29 communities are currently experiencing significant climate change-related erosion. Further, 38 communities face... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Arianna Zrzavy, Molly Blondell, Wakako Kobayashi, Bryan Redden, Paul Mohai |
ADDRESSING CUMULATIVE IMPACTS: LESSONS FROM ENVIRONMENTAL JUSTICE SCREENING TOOL DEVELOPMENT AND RESISTANCE |
52 Environmental Law Reporter (ELI) 10111 (February, 2022) |
This Article discusses how disparate environmental burdens can be addressed using environmental justice (EJ) screening tools. It identifies states that have developed state-specific EJ screening tools, analyzes these tools' functions, and identifies strategies to overcome resistance to them. The authors conducted interviews with multiple... |
2022 |
|
| Author |
Arianna Zrzavy, Molly Blondell, Wakako Kobayashi, Bryan Redden, Paul Mohai |
| Title |
ADDRESSING CUMULATIVE IMPACTS: LESSONS FROM ENVIRONMENTAL JUSTICE SCREENING TOOL DEVELOPMENT AND RESISTANCE |
| Citation |
52 Environmental Law Reporter (ELI) 10111 (February, 2022) |
| Summary |
This Article discusses how disparate environmental burdens can be addressed using environmental justice (EJ) screening tools. It identifies states that have developed state-specific EJ screening tools, analyzes these tools' functions, and identifies strategies to overcome resistance to them. The authors conducted interviews with multiple... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Christian Webber |
AIDING EMPLOYMENT AND THE ENVIRONMENT ON TRIBAL LANDS: AN ANALYSIS OF HIRING PREFERENCES AND THEIR USE IN THE MINING INDUSTRY |
12 Arizona Journal of Environmental Law & Policy 298 (Summer, 2022) |
This Note analyzes hiring preferences on tribal lands in the mining industry within the United States and particularly in the State of Arizona, which has a relatively high number of both mines and federally recognized tribes. Arizona has its own robust history and case law on hiring preferences in the mining industry for tribal members. This Note... |
2022 |
|
| Author |
Christian Webber |
| Title |
AIDING EMPLOYMENT AND THE ENVIRONMENT ON TRIBAL LANDS: AN ANALYSIS OF HIRING PREFERENCES AND THEIR USE IN THE MINING INDUSTRY |
| Citation |
12 Arizona Journal of Environmental Law & Policy 298 (Summer, 2022) |
| Summary |
This Note analyzes hiring preferences on tribal lands in the mining industry within the United States and particularly in the State of Arizona, which has a relatively high number of both mines and federally recognized tribes. Arizona has its own robust history and case law on hiring preferences in the mining industry for tribal members. This Note... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Kate Jackson |
ALL THE SOVEREIGN'S AGENTS: THE CONSTITUTIONAL CREDENTIALS OF ADMINISTRATION |
30 William & Mary Bill of Rights Journal 777 (March, 2022) |
[P]rerogative being nothing, but a Power in the hands of the Prince to provide for the publick good, in such Cases, which depending upon unforeseen and uncertain Occurrences, certain and unalterable Laws could not safely direct, whatsoever shall be done manifestly for the good of the People, and the establishing the Government upon its true... |
2022 |
Yes |
| Author |
Kate Jackson |
| Title |
ALL THE SOVEREIGN'S AGENTS: THE CONSTITUTIONAL CREDENTIALS OF ADMINISTRATION |
| Citation |
30 William & Mary Bill of Rights Journal 777 (March, 2022) |
| Summary |
[P]rerogative being nothing, but a Power in the hands of the Prince to provide for the publick good, in such Cases, which depending upon unforeseen and uncertain Occurrences, certain and unalterable Laws could not safely direct, whatsoever shall be done manifestly for the good of the People, and the establishing the Government upon its true... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Kerri M. Gefeke |
AMERICA TO ME--A PUBLIC NUISANCE REPARATIONS FRAMEWORK THROUGH THE LENS OF THE TULSA MASSACRE |
55 UIC Law Review 681 (Winter 2022) |
I. Introduction. 682 II. Background. 686 A. What are Reparations?. 686 B. Types of Reparations Provided by the United States in the Past. 687 1. The Rhetoric of Race and Understanding United States History. 687 2. Reparations to the Sioux Nation. 688 3. Reparations to Japanese-Americans Internment Survivors. 689 4. Reparations for the Tuskegee... |
2022 |
|
| Author |
Kerri M. Gefeke |
| Title |
AMERICA TO ME--A PUBLIC NUISANCE REPARATIONS FRAMEWORK THROUGH THE LENS OF THE TULSA MASSACRE |
| Citation |
55 UIC Law Review 681 (Winter 2022) |
| Summary |
I. Introduction. 682 II. Background. 686 A. What are Reparations?. 686 B. Types of Reparations Provided by the United States in the Past. 687 1. The Rhetoric of Race and Understanding United States History. 687 2. Reparations to the Sioux Nation. 688 3. Reparations to Japanese-Americans Internment Survivors. 689 4. Reparations for the Tuskegee... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| James D. Diamond |
AN UNCOMFORTABLE TRUTH: LAW AS A WEAPON OF OPPRESSION OF THE INDIGENOUS PEOPLES OF SOUTHERN NEW ENGLAND |
27 Roger Williams University Law Review 255 (Spring, 2022) |
Southern New England, today, is a de facto exception to much of U.S. Indian law and policy, with progress sustained by Indigenous peoples in the region at a bare minimum. The exception is the product of more than three hundred years of discrimination and persecution with law employed as the primary weapon. After the conclusion of seventeenth... |
2022 |
|
| Author |
James D. Diamond |
| Title |
AN UNCOMFORTABLE TRUTH: LAW AS A WEAPON OF OPPRESSION OF THE INDIGENOUS PEOPLES OF SOUTHERN NEW ENGLAND |
| Citation |
27 Roger Williams University Law Review 255 (Spring, 2022) |
| Summary |
Southern New England, today, is a de facto exception to much of U.S. Indian law and policy, with progress sustained by Indigenous peoples in the region at a bare minimum. The exception is the product of more than three hundred years of discrimination and persecution with law employed as the primary weapon. After the conclusion of seventeenth... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Mao-wei Lo |
AN UNRECOGNIZED STATE AS AN INTERNATIONAL INVESTMENT LAW ACTOR: THE INNOVATION OF TAIWAN'S NEW INTERNATIONAL INVESTMENT TREATIES |
31 Minnesota Journal of International Law 97 (Summer, 2022) |
As an isolated island lacking in natural resources, trade and investment are important instruments for Taiwan's economic policies. However, due to political and diplomatic constraints, Taiwan has been largely excluded from international trade and investment regimes. Taiwan has participated in the Asia-Pacific Economic Cooperation (APEC) since 1991... |
2022 |
Yes |
| Author |
Mao-wei Lo |
| Title |
AN UNRECOGNIZED STATE AS AN INTERNATIONAL INVESTMENT LAW ACTOR: THE INNOVATION OF TAIWAN'S NEW INTERNATIONAL INVESTMENT TREATIES |
| Citation |
31 Minnesota Journal of International Law 97 (Summer, 2022) |
| Summary |
As an isolated island lacking in natural resources, trade and investment are important instruments for Taiwan's economic policies. However, due to political and diplomatic constraints, Taiwan has been largely excluded from international trade and investment regimes. Taiwan has participated in the Asia-Pacific Economic Cooperation (APEC) since 1991... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Avery Locklear |
ARE YOU NATIVE AMERICAN? |
100 North Carolina Law Review Forum 118 (2022) |
Throughout history, our nation has been obsessed with the identity of various groups of people inhabiting the United States. Since the founding, Native Americans have been tasked with protecting the traditions and customs that shape their identity against colonized norms. In the late 1800s, the Indian Major Crimes Act was created to further strip... |
2022 |
|
| Author |
Avery Locklear |
| Title |
ARE YOU NATIVE AMERICAN? |
| Citation |
100 North Carolina Law Review Forum 118 (2022) |
| Summary |
Throughout history, our nation has been obsessed with the identity of various groups of people inhabiting the United States. Since the founding, Native Americans have been tasked with protecting the traditions and customs that shape their identity against colonized norms. In the late 1800s, the Indian Major Crimes Act was created to further strip... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Michael P. Van Alstine |
ARRESTING MISGUIDED TRENDS IN TREATY LAW |
110 Kentucky Law Journal 421 (2021-2022) |
Table of Contents. 421 Introduction. 422 I. Examining the Power and Influence of Treaties. 428 A. Background: The Special Value of Treaties in an Interconnected World. 428 B. The Broad Substantive Influence of Treaties in U.S. Law. 429 II. Treaties in the Constitutional Design. 435 A. Treaties as Directly Enforceable, Supreme Federal Law. 435 B.... |
2022 |
Yes |
| Author |
Michael P. Van Alstine |
| Title |
ARRESTING MISGUIDED TRENDS IN TREATY LAW |
| Citation |
110 Kentucky Law Journal 421 (2021-2022) |
| Summary |
Table of Contents. 421 Introduction. 422 I. Examining the Power and Influence of Treaties. 428 A. Background: The Special Value of Treaties in an Interconnected World. 428 B. The Broad Substantive Influence of Treaties in U.S. Law. 429 II. Treaties in the Constitutional Design. 435 A. Treaties as Directly Enforceable, Supreme Federal Law. 435 B.... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| James T. Campbell |
AURELIUS'S ARTICLE III REVISIONISM: REIMAGINING JUDICIAL ENGAGEMENT WITH THE INSULAR CASES AND "THE LAW OF THE TERRITORIES" |
131 Yale Law Journal 2542 (June, 2022) |
The Supreme Court's unanimous decision upholding the appointments structure of Puerto Rico's controversial Financial Oversight and Management Board in FOMB v. Aurelius has, to date, yielded commentary fixated on what the Justices did not say. The bulk of that commentary criticizes the Court for declining to square up to and overturn the Insular... |
2022 |
|
| Author |
James T. Campbell |
| Title |
AURELIUS'S ARTICLE III REVISIONISM: REIMAGINING JUDICIAL ENGAGEMENT WITH THE INSULAR CASES AND "THE LAW OF THE TERRITORIES" |
| Citation |
131 Yale Law Journal 2542 (June, 2022) |
| Summary |
The Supreme Court's unanimous decision upholding the appointments structure of Puerto Rico's controversial Financial Oversight and Management Board in FOMB v. Aurelius has, to date, yielded commentary fixated on what the Justices did not say. The bulk of that commentary criticizes the Court for declining to square up to and overturn the Insular... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Michael D. McNally, John M. and Elizabeth W. Musser Professor of Religious Studies, Carleton College |
AUTHOR'S RESPONSE, DEFEND THE SACRED: NATIVE AMERICAN RELIGIOUS FREEDOM BEYOND THE FIRST AMENDMENT BY MICHAEL D. MCNALLY. PRINCETON: PRINCETON UNIVERSITY PRESS, 2020. PP. 400. $99.95 (CLOTH); $26.95 (PAPER); $26.95 (DIGITAL). ISBN: 9780691190891 |
37 Journal of Law and Religion 199 (January, 2022) |
Keywords: Native American religions; sacred places; Indigenous; Native American I am humbled to have had such close and perceptive readings of a book that I had always imagined as successful if it convened further conversation. My interlocutors in this symposium are people whose work and example I admire deeply, and readers are encouraged to take... |
2022 |
|
| Author |
Michael D. McNally, John M. and Elizabeth W. Musser Professor of Religious Studies, Carleton College |
| Title |
AUTHOR'S RESPONSE, DEFEND THE SACRED: NATIVE AMERICAN RELIGIOUS FREEDOM BEYOND THE FIRST AMENDMENT BY MICHAEL D. MCNALLY. PRINCETON: PRINCETON UNIVERSITY PRESS, 2020. PP. 400. $99.95 (CLOTH); $26.95 (PAPER); $26.95 (DIGITAL). ISBN: 9780691190891 |
| Citation |
37 Journal of Law and Religion 199 (January, 2022) |
| Summary |
Keywords: Native American religions; sacred places; Indigenous; Native American I am humbled to have had such close and perceptive readings of a book that I had always imagined as successful if it convened further conversation. My interlocutors in this symposium are people whose work and example I admire deeply, and readers are encouraged to take... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Nicole Russo |
BACK TO BASICS: THE SUPREME COURT'S RETURN TO FUNDAMENTAL PRINCIPLES OF FEDERAL INDIAN LAW IN MCGIRT v. OKLAHOMA AHEAD OF EQUAL PROTECTION CHALLENGE TO THE INDIAN CHILD WELFARE ACT OF 1978 |
55 Suffolk University Law Review 123 (2022) |
[T]he Supreme Court has been inattentive, flippant, and disrespectful of Indian rights, and has seen its task as one of finding arguments that will make actions by the other two branches appear legal. Many doctrines' have emerged over the course of 170 years of hearing Indian cases, but the various courts have felt no compulsion to follow... |
2022 |
|
| Author |
Nicole Russo |
| Title |
BACK TO BASICS: THE SUPREME COURT'S RETURN TO FUNDAMENTAL PRINCIPLES OF FEDERAL INDIAN LAW IN MCGIRT v. OKLAHOMA AHEAD OF EQUAL PROTECTION CHALLENGE TO THE INDIAN CHILD WELFARE ACT OF 1978 |
| Citation |
55 Suffolk University Law Review 123 (2022) |
| Summary |
[T]he Supreme Court has been inattentive, flippant, and disrespectful of Indian rights, and has seen its task as one of finding arguments that will make actions by the other two branches appear legal. Many doctrines' have emerged over the course of 170 years of hearing Indian cases, but the various courts have felt no compulsion to follow... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Josh Chafetz |
BEATING A DEAD CORPSE |
120 Michigan Law Review 1187 (April, 2022) |
Sovereignty, RIP. By Don Herzog. New Haven: Yale University Press. 2020. Pp. xiii, 299. $40. About two-thirds of the way through Sovereignty, RIP, Don Herzog recounts one of the more macabre moments of the Stuart Restoration. Three leaders of the revolt against Charles I who had the good sense to pass away during the Commonwealth had their bodies... |
2022 |
Yes |
| Author |
Josh Chafetz |
| Title |
BEATING A DEAD CORPSE |
| Citation |
120 Michigan Law Review 1187 (April, 2022) |
| Summary |
Sovereignty, RIP. By Don Herzog. New Haven: Yale University Press. 2020. Pp. xiii, 299. $40. About two-thirds of the way through Sovereignty, RIP, Don Herzog recounts one of the more macabre moments of the Stuart Restoration. Three leaders of the revolt against Charles I who had the good sense to pass away during the Commonwealth had their bodies... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Kekek Jason Stark |
BEZHIGWAN JI-IZHI-GANAWAABANDIYANG: THE RIGHTS OF NATURE AND ITS JURISDICTIONAL APPLICATION FOR ANISHINAABE TERRITORIES |
83 Montana Law Review 79 (Winter, 2022) |
I. Introduction II. Gidakiiminaan (Our Earth). 82 III. The Treaty with Manoomin. 84 IV. The Rights of Nature Movement. 87 A. The Rights of Manoomin (Wild Rice). 89 V. The Effects of the Indigenous Codification of the Rights of Nature. 91 A. Who Speaks on Behalf of the Resources?. 91 B. The Proclaimed Rights of Sovereignty. 93 C. Territorial... |
2022 |
Yes |
| Author |
Kekek Jason Stark |
| Title |
BEZHIGWAN JI-IZHI-GANAWAABANDIYANG: THE RIGHTS OF NATURE AND ITS JURISDICTIONAL APPLICATION FOR ANISHINAABE TERRITORIES |
| Citation |
83 Montana Law Review 79 (Winter, 2022) |
| Summary |
I. Introduction II. Gidakiiminaan (Our Earth). 82 III. The Treaty with Manoomin. 84 IV. The Rights of Nature Movement. 87 A. The Rights of Manoomin (Wild Rice). 89 V. The Effects of the Indigenous Codification of the Rights of Nature. 91 A. Who Speaks on Behalf of the Resources?. 91 B. The Proclaimed Rights of Sovereignty. 93 C. Territorial... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| MJ Palau-McDonald |
BLOCKCHAINS AND ENVIRONMENTAL SELF-DETERMINATION FOR THE NATIVE HAWAIIAN PEOPLE: TOWARD RESTORATIVE STEWARDSHIP OF INDIGENOUS LANDS |
57 Harvard Civil Rights-Civil Liberties Law Review 393 (Summer, 2022) |
Introduction. 394 I. Four Values of Restorative Justice for Native Peoples. 397 A. Mo'omeheu: Cultural Integrity. 398 B. 'ina: Land and Natural Resources. 398 C. Mauli Ola: Social Determinants of Health and WellBeing. 399 D. Ea: Self-Governance. 399 II. Contextual History of Hawai'i's Public Land Trust. 400 A. Native Hawaiian Values, Customs, and... |
2022 |
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| Author |
MJ Palau-McDonald |
| Title |
BLOCKCHAINS AND ENVIRONMENTAL SELF-DETERMINATION FOR THE NATIVE HAWAIIAN PEOPLE: TOWARD RESTORATIVE STEWARDSHIP OF INDIGENOUS LANDS |
| Citation |
57 Harvard Civil Rights-Civil Liberties Law Review 393 (Summer, 2022) |
| Summary |
Introduction. 394 I. Four Values of Restorative Justice for Native Peoples. 397 A. Mo'omeheu: Cultural Integrity. 398 B. 'ina: Land and Natural Resources. 398 C. Mauli Ola: Social Determinants of Health and WellBeing. 399 D. Ea: Self-Governance. 399 II. Contextual History of Hawai'i's Public Land Trust. 400 A. Native Hawaiian Values, Customs, and... |
| Year |
2022 |
| Key Terms in Title or Summary |
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| Nathalie Martin |
BREWING DISHARMONY: ADDRESSING TRIBAL SOVEREIGN IMMUNITY CLAIMS IN BANKRUPTCY |
96 American Bankruptcy Law Journal 145 (Winter, 2022) |
Introduction. 147 I. The Uniformity and Collectivist Nature of Bankruptcy, The Importance of the Automatic Stay, and the Application of The Bankruptcy Code to Tribes. 151 A. Bankruptcy as Collective Action. 152 B. The Contours of the Automatic Stay. 153 C. The U.S. Constitution, Bankruptcy Code, Tribes and Section 106 of the Bankruptcy Code. 156 1.... |
2022 |
Yes |
| Author |
Nathalie Martin |
| Title |
BREWING DISHARMONY: ADDRESSING TRIBAL SOVEREIGN IMMUNITY CLAIMS IN BANKRUPTCY |
| Citation |
96 American Bankruptcy Law Journal 145 (Winter, 2022) |
| Summary |
Introduction. 147 I. The Uniformity and Collectivist Nature of Bankruptcy, The Importance of the Automatic Stay, and the Application of The Bankruptcy Code to Tribes. 151 A. Bankruptcy as Collective Action. 152 B. The Contours of the Automatic Stay. 153 C. The U.S. Constitution, Bankruptcy Code, Tribes and Section 106 of the Bankruptcy Code. 156 1.... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Kirsten Matoy Carlson |
BRINGING CONGRESS AND INDIANS BACK INTO FEDERAL INDIAN LAW: THE RESTATEMENT OF THE LAW OF AMERICAN INDIANS |
97 Washington Law Review 725 (October, 2022) |
Abstract: Congress and Native Nations have renegotiated the federal-tribal relationship in the past fifty years. The courts, however, have failed to keep up with Congress and recognize this modern federal-tribal relationship. As a result, scholars, judges, and practitioners often characterize federal Indian law as incoherent and inconsistent. This... |
2022 |
|
| Author |
Kirsten Matoy Carlson |
| Title |
BRINGING CONGRESS AND INDIANS BACK INTO FEDERAL INDIAN LAW: THE RESTATEMENT OF THE LAW OF AMERICAN INDIANS |
| Citation |
97 Washington Law Review 725 (October, 2022) |
| Summary |
Abstract: Congress and Native Nations have renegotiated the federal-tribal relationship in the past fifty years. The courts, however, have failed to keep up with Congress and recognize this modern federal-tribal relationship. As a result, scholars, judges, and practitioners often characterize federal Indian law as incoherent and inconsistent. This... |
| Year |
2022 |
| Key Terms in Title or Summary |
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| Thomas B. Sokolowski |
CAN CRIMINALS RESHAPE ENVIRONMENTAL LAW? AN ANALYSIS OF MCGIRT AND ITS IMPLICATIONS ON REGULATING THE ENVIRONMENT |
55 Indiana Law Review 857 (2022) |
On July 9, 2020, the United States Supreme Court held in McGirt v. Oklahoma that a portion of eastern Oklahoma was an Indian reservation. Though the case specifically addressed whether the State of Oklahoma or the Muscogee (Creek) Nation had prosecuting authority over the defendant, the Justices anticipated the decision's implications on other... |
2022 |
|
| Author |
Thomas B. Sokolowski |
| Title |
CAN CRIMINALS RESHAPE ENVIRONMENTAL LAW? AN ANALYSIS OF MCGIRT AND ITS IMPLICATIONS ON REGULATING THE ENVIRONMENT |
| Citation |
55 Indiana Law Review 857 (2022) |
| Summary |
On July 9, 2020, the United States Supreme Court held in McGirt v. Oklahoma that a portion of eastern Oklahoma was an Indian reservation. Though the case specifically addressed whether the State of Oklahoma or the Muscogee (Creek) Nation had prosecuting authority over the defendant, the Justices anticipated the decision's implications on other... |
| Year |
2022 |
| Key Terms in Title or Summary |
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| Guy C. Charlton , Tim Fadgen |
CASE NOTE: FITISEMANU v. UNITED STATES: U.S. CITIZENSHIP IN AMERICAN SMOA AND THE INSULAR CASES |
39 UCLA Pacific Basin Law Journal 25 (Spring, 2022) |
This article considers the problematic place of individual American Smoans who have been denied full membership within the American political community, first due to the colonialist arcane notion of being unfit for full membership in the American community on racial and cultural grounds embodied in the Supreme Court's Insular Cases, and second,... |
2022 |
|
| Author |
Guy C. Charlton , Tim Fadgen |
| Title |
CASE NOTE: FITISEMANU v. UNITED STATES: U.S. CITIZENSHIP IN AMERICAN SMOA AND THE INSULAR CASES |
| Citation |
39 UCLA Pacific Basin Law Journal 25 (Spring, 2022) |
| Summary |
This article considers the problematic place of individual American Smoans who have been denied full membership within the American political community, first due to the colonialist arcane notion of being unfit for full membership in the American community on racial and cultural grounds embodied in the Supreme Court's Insular Cases, and second,... |
| Year |
2022 |
| Key Terms in Title or Summary |
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CASE SUMMARIES |
52 Environmental Law 469 (Summer, 2022) |
City of Phoenix residents Sandra L. Bahr, Jeanne Lunn, and David Matusow (collectively, Bahr) filed a petition for judicial review of the Environmental Protection Agency's (EPA) determination that the Phoenix nonattainment area (NAA) had attained the national ambient air quality standard (NAAQS) for ozone by its 2018 deadline in compliance with the... |
2022 |
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| Author |
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| Title |
CASE SUMMARIES |
| Citation |
52 Environmental Law 469 (Summer, 2022) |
| Summary |
City of Phoenix residents Sandra L. Bahr, Jeanne Lunn, and David Matusow (collectively, Bahr) filed a petition for judicial review of the Environmental Protection Agency's (EPA) determination that the Phoenix nonattainment area (NAA) had attained the national ambient air quality standard (NAAQS) for ozone by its 2018 deadline in compliance with the... |
| Year |
2022 |
| Key Terms in Title or Summary |
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