| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| James M. Grijalva |
NEW FEDERAL INITIATIVES FOR INDIAN COUNTRY ENVIRONMENTAL MANAGEMENT |
97 North Dakota Law Review 343 (2022) |
I. INTRODUCTION. 343 II. THE FOUNDATION OF THE EPA'S INDIAN PROGRAM. 344 III. INDIAN COUNTRY WATER QUALITY PROTECTION. 346 IV. FEDERAL WQS FOR INDIAN COUNTRY. 347 V. DEFINING TRIBAL USES AND SETTING PROTECTIVE CRITERIA. 349 VI. PROTECTING TRIBAL WATER QUALITY INTERESTS OUTSIDE INDIAN RESERVATIONS. 351 VII. CONCLUSION. 352 |
2022 |
|
| Author |
James M. Grijalva |
| Title |
NEW FEDERAL INITIATIVES FOR INDIAN COUNTRY ENVIRONMENTAL MANAGEMENT |
| Citation |
97 North Dakota Law Review 343 (2022) |
| Summary |
I. INTRODUCTION. 343 II. THE FOUNDATION OF THE EPA'S INDIAN PROGRAM. 344 III. INDIAN COUNTRY WATER QUALITY PROTECTION. 346 IV. FEDERAL WQS FOR INDIAN COUNTRY. 347 V. DEFINING TRIBAL USES AND SETTING PROTECTIVE CRITERIA. 349 VI. PROTECTING TRIBAL WATER QUALITY INTERESTS OUTSIDE INDIAN RESERVATIONS. 351 VII. CONCLUSION. 352 |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Danielle Clifford |
NINTH CIRCUIT MUDDIES THE WATERS OF TRIBAL SOVEREIGN IMMUNITY AND THE CLEAN WATER ACT IN DESCHUTES RIVER ALLIANCE v. PORTLAND GE |
12 Washington Journal of Social & Environmental Justice 45 (May, 2022) |
Throughout 2011 and 2012, members of the Deschutes River community who fish in the Lower Deschutes River in Oregon noticed a slew of significant changes to their natural environment. The Deschutes River Alliance attributed the changes to the operation of the Pelton Round Butte Hydraulic Project, which is co-owned and operated by Portland General... |
2022 |
Yes |
| Author |
Danielle Clifford |
| Title |
NINTH CIRCUIT MUDDIES THE WATERS OF TRIBAL SOVEREIGN IMMUNITY AND THE CLEAN WATER ACT IN DESCHUTES RIVER ALLIANCE v. PORTLAND GE |
| Citation |
12 Washington Journal of Social & Environmental Justice 45 (May, 2022) |
| Summary |
Throughout 2011 and 2012, members of the Deschutes River community who fish in the Lower Deschutes River in Oregon noticed a slew of significant changes to their natural environment. The Deschutes River Alliance attributed the changes to the operation of the Pelton Round Butte Hydraulic Project, which is co-owned and operated by Portland General... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Ann E. Tweedy |
OFF-RESERVATION TREATY HUNTING RIGHTS, THE RESTATEMENT, AND THE STEVENS TREATIES |
97 Washington Law Review 835 (October, 2022) |
Abstract: The underdevelopment of the law of off-reservation treaty hunting and gathering poses challenges for treatises like the groundbreaking Restatement of the Law of American Indians (Restatement). With particular attention to sections 83 and 6 of the Restatement, this Article explores those challenges and offers some solutions for dealing... |
2022 |
Yes |
| Author |
Ann E. Tweedy |
| Title |
OFF-RESERVATION TREATY HUNTING RIGHTS, THE RESTATEMENT, AND THE STEVENS TREATIES |
| Citation |
97 Washington Law Review 835 (October, 2022) |
| Summary |
Abstract: The underdevelopment of the law of off-reservation treaty hunting and gathering poses challenges for treatises like the groundbreaking Restatement of the Law of American Indians (Restatement). With particular attention to sections 83 and 6 of the Restatement, this Article explores those challenges and offers some solutions for dealing... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Brandon Hasbrouck |
ON LENITY: WHAT JUSTICE GORSUCH DIDN'T SAY |
108 Virginia Law Review 1289 (September, 2022) |
Facially neutral doctrines create racially disparate outcomes. Increasingly, legal academia and mainstream commentators recognize that this is by design. The rise of this colorblind racism in Supreme Court jurisprudence parallels the rise of the War on Drugs as a political response to the Civil Rights Movement. But, to date, no member of the... |
2022 |
|
| Author |
Brandon Hasbrouck |
| Title |
ON LENITY: WHAT JUSTICE GORSUCH DIDN'T SAY |
| Citation |
108 Virginia Law Review 1289 (September, 2022) |
| Summary |
Facially neutral doctrines create racially disparate outcomes. Increasingly, legal academia and mainstream commentators recognize that this is by design. The rise of this colorblind racism in Supreme Court jurisprudence parallels the rise of the War on Drugs as a political response to the Civil Rights Movement. But, to date, no member of the... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Brandon Hasbrouck |
ON LENITY: WHAT JUSTICE GORSUCH DIDN'T SAY |
108 Virginia Law Review Online 239 (August, 2022) |
Facially neutral doctrines create racially disparate outcomes. Increasingly, legal academia and mainstream commentators recognize that this is by design. The rise of this colorblind racism in Supreme Court jurisprudence parallels the rise of the War on Drugs as a political response to the Civil Rights Movement. But, to date, no member of the... |
2022 |
|
| Author |
Brandon Hasbrouck |
| Title |
ON LENITY: WHAT JUSTICE GORSUCH DIDN'T SAY |
| Citation |
108 Virginia Law Review Online 239 (August, 2022) |
| Summary |
Facially neutral doctrines create racially disparate outcomes. Increasingly, legal academia and mainstream commentators recognize that this is by design. The rise of this colorblind racism in Supreme Court jurisprudence parallels the rise of the War on Drugs as a political response to the Civil Rights Movement. But, to date, no member of the... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Robert Alan Hershey |
ORAL HISTORY ON TRIAL |
58-AUG Arizona Attorney 48 (July/August, 2022) |
Oral traditions are deeply important, if not sacred, to Indigenous Peoples because they document not only the living memory of their Aboriginal history and occupancy of land, but also their treatment, especially in regard to the identification of the when and where of the unconsented or coerced taking of their lands. John Borrows, the Canada... |
2022 |
Yes |
| Author |
Robert Alan Hershey |
| Title |
ORAL HISTORY ON TRIAL |
| Citation |
58-AUG Arizona Attorney 48 (July/August, 2022) |
| Summary |
Oral traditions are deeply important, if not sacred, to Indigenous Peoples because they document not only the living memory of their Aboriginal history and occupancy of land, but also their treatment, especially in regard to the identification of the when and where of the unconsented or coerced taking of their lands. John Borrows, the Canada... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Annie R. Matthews |
PABLO v. AK-CHIN INDIAN COMMUNITY: A PATH FOR TRIBAL COURTS TO PROTECT INDIGENOUS SOVEREIGNTY AND SAME-SEX MARRIAGE |
31 Tulane Journal of Law & Sexuality 179 (2022) |
I. Overview. 179 II. Background. 182 III. Court's Decision. 185 IV. Analysis. 192 |
2022 |
Yes |
| Author |
Annie R. Matthews |
| Title |
PABLO v. AK-CHIN INDIAN COMMUNITY: A PATH FOR TRIBAL COURTS TO PROTECT INDIGENOUS SOVEREIGNTY AND SAME-SEX MARRIAGE |
| Citation |
31 Tulane Journal of Law & Sexuality 179 (2022) |
| Summary |
I. Overview. 179 II. Background. 182 III. Court's Decision. 185 IV. Analysis. 192 |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Jiang Zhifeng |
PACTA SUNT SERVANDA AND EMPIRE: A CRITICAL EXAMINATION OF THE EVOLUTION, INVOCATION, AND APPLICATION OF AN INTERNATIONAL LAW AXIOM |
43 Michigan Journal of International Law 745 (2022) |
In public international law, pacta sunt servanda is the foundational principle that international agreements are binding on treaty parties and must be kept. Insufficient attention, however, has been given to the role played by this international law axiom in organizing and shaping the international legal order. Accordingly, this note undertakes a... |
2022 |
Yes |
| Author |
Jiang Zhifeng |
| Title |
PACTA SUNT SERVANDA AND EMPIRE: A CRITICAL EXAMINATION OF THE EVOLUTION, INVOCATION, AND APPLICATION OF AN INTERNATIONAL LAW AXIOM |
| Citation |
43 Michigan Journal of International Law 745 (2022) |
| Summary |
In public international law, pacta sunt servanda is the foundational principle that international agreements are binding on treaty parties and must be kept. Insufficient attention, however, has been given to the role played by this international law axiom in organizing and shaping the international legal order. Accordingly, this note undertakes a... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Matthew L.M. Fletcher |
PANDEMICS IN INDIAN COUNTRY: THE MAKING OF THE TRIBAL STATE |
18 University of Saint Thomas Law Journal 295 (Spring, 2022) |
In late 1881, the Odawa people of Peshawbestown, Michigan, the capital of the Grand Traverse Band of Ottawa and Chippewa Indians, suffered through a vicious smallpox outbreak. Dozens of people became sick, and at least thirty Odawa people died out of a population of about three hundred. Once state health officials learned of the outbreak, they... |
2022 |
|
| Author |
Matthew L.M. Fletcher |
| Title |
PANDEMICS IN INDIAN COUNTRY: THE MAKING OF THE TRIBAL STATE |
| Citation |
18 University of Saint Thomas Law Journal 295 (Spring, 2022) |
| Summary |
In late 1881, the Odawa people of Peshawbestown, Michigan, the capital of the Grand Traverse Band of Ottawa and Chippewa Indians, suffered through a vicious smallpox outbreak. Dozens of people became sick, and at least thirty Odawa people died out of a population of about three hundred. Once state health officials learned of the outbreak, they... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Alexandra Flynn |
PARKS AS PERSONS: LEGAL INNOVATION OR COLONIAL APPROPRIATION? |
50 Fordham Urban Law Journal 1 (November, 2022) |
Introduction. 1 I. The Legal History of Vancouver's Stanley Park. 4 II. City Power and City Parks. 10 III. Personhood and Colonial Property Rights. 14 A. Personhood Differs Based on Jurisdiction, Form, and Legal Technicality. 15 B. Examples of Personhood Status for Nature: New Zealand and Colombia. 16 C. Personhood at the Local Level. 19 IV.... |
2022 |
|
| Author |
Alexandra Flynn |
| Title |
PARKS AS PERSONS: LEGAL INNOVATION OR COLONIAL APPROPRIATION? |
| Citation |
50 Fordham Urban Law Journal 1 (November, 2022) |
| Summary |
Introduction. 1 I. The Legal History of Vancouver's Stanley Park. 4 II. City Power and City Parks. 10 III. Personhood and Colonial Property Rights. 14 A. Personhood Differs Based on Jurisdiction, Form, and Legal Technicality. 15 B. Examples of Personhood Status for Nature: New Zealand and Colombia. 16 C. Personhood at the Local Level. 19 IV.... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| William B. Davis |
PERPETUATED IN RIGHTEOUSNESS: PROPOSALS FOR STRENGTHENING HAWAI'I'S "CEDED LAND" PROTECTIONS |
45-SPG Environs Environmental Law and Policy Journal 185 (Spring, 2022) |
I. Introduction. 186 II. Background. 188 A. Pre-Mhele. 189 B. The Great Mhele. 190 1. Crown and Government Lands. 191 C. Overthrow of the Hawaiian Kingdom. 192 1. Republic of Hawai'i. 194 2. Territory of Hawai'i. 195 3. Lili'uokalani v. United States. 196 D. Admission to the Union. 197 III. Road to the Current Law. 200 A. Halting the Sale of... |
2022 |
|
| Author |
William B. Davis |
| Title |
PERPETUATED IN RIGHTEOUSNESS: PROPOSALS FOR STRENGTHENING HAWAI'I'S "CEDED LAND" PROTECTIONS |
| Citation |
45-SPG Environs Environmental Law and Policy Journal 185 (Spring, 2022) |
| Summary |
I. Introduction. 186 II. Background. 188 A. Pre-Mhele. 189 B. The Great Mhele. 190 1. Crown and Government Lands. 191 C. Overthrow of the Hawaiian Kingdom. 192 1. Republic of Hawai'i. 194 2. Territory of Hawai'i. 195 3. Lili'uokalani v. United States. 196 D. Admission to the Union. 197 III. Road to the Current Law. 200 A. Halting the Sale of... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Seth Davis , Eric Biber , Elena Kempf |
PERSISTING SOVEREIGNTIES |
170 University of Pennsylvania Law Review 549 (February, 2022) |
From the first days of the United States, the story of sovereignty has not been one of a simple division between the federal government and the states of the Union. Then, as today, American Indian tribes persisted as self-governing peoples with ongoing and important political relationships with the United States. And then, as today, there was... |
2022 |
Yes |
| Author |
Seth Davis , Eric Biber , Elena Kempf |
| Title |
PERSISTING SOVEREIGNTIES |
| Citation |
170 University of Pennsylvania Law Review 549 (February, 2022) |
| Summary |
From the first days of the United States, the story of sovereignty has not been one of a simple division between the federal government and the states of the Union. Then, as today, American Indian tribes persisted as self-governing peoples with ongoing and important political relationships with the United States. And then, as today, there was... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Robert J. Pushaw, Jr. |
PLAYING WITH WORDS: AMAR'S NATIONALIST CONSTITUTION |
80 Washington and Lee Law Review Online 55 (9/19/2022) |
This essay provides a balanced critique of Akhil Amar's important book on early constitutional theory and practice. On the one hand, Amar's work has three unique virtues. First, unlike other constitutional historians, he does not examine a particular clause or a brief time period (such as 1787-1789), but rather analyzes the Constitution as a whole... |
2022 |
|
| Author |
Robert J. Pushaw, Jr. |
| Title |
PLAYING WITH WORDS: AMAR'S NATIONALIST CONSTITUTION |
| Citation |
80 Washington and Lee Law Review Online 55 (9/19/2022) |
| Summary |
This essay provides a balanced critique of Akhil Amar's important book on early constitutional theory and practice. On the one hand, Amar's work has three unique virtues. First, unlike other constitutional historians, he does not examine a particular clause or a brief time period (such as 1787-1789), but rather analyzes the Constitution as a whole... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Matthew L.M. Fletcher , Randall F. Khalil |
PREEMPTION, COMMANDEERING, AND THE INDIAN CHILD WELFARE ACT |
2022 Wisconsin Law Review 1199 (2022) |
This year (2022), the Supreme Court agreed to review wide-ranging constitutional challenges to the Indian Child Welfare Act (ICWA) brought by the State of Texas and three non-Indian foster families in the October 2022 Term. The Fifth Circuit, sitting en banc, held that certain provisions of ICWA violated the anti-commandeering principle implied in... |
2022 |
|
| Author |
Matthew L.M. Fletcher , Randall F. Khalil |
| Title |
PREEMPTION, COMMANDEERING, AND THE INDIAN CHILD WELFARE ACT |
| Citation |
2022 Wisconsin Law Review 1199 (2022) |
| Summary |
This year (2022), the Supreme Court agreed to review wide-ranging constitutional challenges to the Indian Child Welfare Act (ICWA) brought by the State of Texas and three non-Indian foster families in the October 2022 Term. The Fifth Circuit, sitting en banc, held that certain provisions of ICWA violated the anti-commandeering principle implied in... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Jonathan Skinner-Thompson |
PROCEDURAL ENVIRONMENTAL JUSTICE |
97 Washington Law Review 399 (June, 2022) |
Abstract: Achieving environmental justice--that is, the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies--requires providing impacted communities not just the formal right,... |
2022 |
Yes |
| Author |
Jonathan Skinner-Thompson |
| Title |
PROCEDURAL ENVIRONMENTAL JUSTICE |
| Citation |
97 Washington Law Review 399 (June, 2022) |
| Summary |
Abstract: Achieving environmental justice--that is, the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies--requires providing impacted communities not just the formal right,... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Robin Kundis Craig |
PROMOTING "CLIMATE CHANGE PLUS" INDUSTRIES THROUGH THE ADMINISTRATIVE STATE: THE CASE OF MARINE AQUACULTURE |
39 Yale Journal on Regulation 479 (Spring, 2022) |
Climate change has reached its all hands on deck moment, requiring simultaneous mitigation and adaptation efforts and the participation of all branches of government at all levels--including (and maybe especially) the administrative state. However, while certain agency exercises of climate change discretion have received considerable commentary,... |
2022 |
|
| Author |
Robin Kundis Craig |
| Title |
PROMOTING "CLIMATE CHANGE PLUS" INDUSTRIES THROUGH THE ADMINISTRATIVE STATE: THE CASE OF MARINE AQUACULTURE |
| Citation |
39 Yale Journal on Regulation 479 (Spring, 2022) |
| Summary |
Climate change has reached its all hands on deck moment, requiring simultaneous mitigation and adaptation efforts and the participation of all branches of government at all levels--including (and maybe especially) the administrative state. However, while certain agency exercises of climate change discretion have received considerable commentary,... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Jen Jenkins |
PU'UHONUA NOT PRISONS, A MANIFESTO |
46 Harbinger 103 (3/30/2022) |
Jen Jenkins chronicles how the Prison Industrial Complex, as a capitalist and white supremacist tool, has oppressed Native Hawaiian culture and people throughout its colonial history and into the present. Ultimately, Jenkins calls for prison abolition in Hawai'i, and urges policy makers and community members to center the self-determination of... |
2022 |
|
| Author |
Jen Jenkins |
| Title |
PU'UHONUA NOT PRISONS, A MANIFESTO |
| Citation |
46 Harbinger 103 (3/30/2022) |
| Summary |
Jen Jenkins chronicles how the Prison Industrial Complex, as a capitalist and white supremacist tool, has oppressed Native Hawaiian culture and people throughout its colonial history and into the present. Ultimately, Jenkins calls for prison abolition in Hawai'i, and urges policy makers and community members to center the self-determination of... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Michael J. Kelly |
QUIESCENT SOVEREIGNTY OF U.S. TERRITORIES |
105 Marquette Law Review 501 (Spring, 2022) |
Under modern democratic theory, the font of sovereignty springs from the people; however, traces of its past as a power emanating from the Crown continue to haunt the domestic and international status of sub-sovereign legal entities such as U.S. Territories. Quiescent sovereignty describes that which is possessed by the people of the Territories; a... |
2022 |
Yes |
| Author |
Michael J. Kelly |
| Title |
QUIESCENT SOVEREIGNTY OF U.S. TERRITORIES |
| Citation |
105 Marquette Law Review 501 (Spring, 2022) |
| Summary |
Under modern democratic theory, the font of sovereignty springs from the people; however, traces of its past as a power emanating from the Crown continue to haunt the domestic and international status of sub-sovereign legal entities such as U.S. Territories. Quiescent sovereignty describes that which is possessed by the people of the Territories; a... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Bethany R. Berger |
RACE TO PROPERTY: RACIAL DISTORTIONS OF PROPERTY LAW, 1634 TO TODAY |
64 Arizona Law Review 619 (Fall, 2022) |
Race shaped property law for everyone in the United States, and we are all the poorer for it. This transformation began in the colonial era, when demands for Indian land annexation and a slave-based economy created new legal innovations in recording, foreclosure, and commodification of property. It continued in the antebellum era, when these same... |
2022 |
|
| Author |
Bethany R. Berger |
| Title |
RACE TO PROPERTY: RACIAL DISTORTIONS OF PROPERTY LAW, 1634 TO TODAY |
| Citation |
64 Arizona Law Review 619 (Fall, 2022) |
| Summary |
Race shaped property law for everyone in the United States, and we are all the poorer for it. This transformation began in the colonial era, when demands for Indian land annexation and a slave-based economy created new legal innovations in recording, foreclosure, and commodification of property. It continued in the antebellum era, when these same... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Charles R. Corbett , Edward A. Parson |
RADICAL CLIMATE ADAPTATION IN ANTARCTICA |
49 Ecology Law Quarterly 77 (2022) |
As the climate crisis intensifies, there is growing interest in policies that might supplement emissions reduction and adaptation, such as carbon removal systems and solar radiation modification. One newly prominent class of proposed interventions, which we call radical adaptation, would aim to stabilize Antarctic ice sheets, the loss of which... |
2022 |
|
| Author |
Charles R. Corbett , Edward A. Parson |
| Title |
RADICAL CLIMATE ADAPTATION IN ANTARCTICA |
| Citation |
49 Ecology Law Quarterly 77 (2022) |
| Summary |
As the climate crisis intensifies, there is growing interest in policies that might supplement emissions reduction and adaptation, such as carbon removal systems and solar radiation modification. One newly prominent class of proposed interventions, which we call radical adaptation, would aim to stabilize Antarctic ice sheets, the loss of which... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Nicholas Shrubsole, Associate Lecturer, University of Central Florida |
RAISING INDIGENOUS RELIGIOUS FREEDOM TO A HIGHER STANDARD: MICHAEL MCNALLY'S DEFEND THE SACRED AND THE CANADIAN LEGAL AND LEGISLATIVE LANDSCAPES, DEFEND THE SACRED: NATIVE AMERICAN RELIGIOUS FREEDOM BEYOND THE FIRST AMENDMENT BY MICHAEL D. MCNALLY. PRINCE |
37 Journal of Law and Religion 182 (January, 2022) |
Keywords: Canada; collective rights; cultural rights; Indigenous rights; religious freedom; United Nations Declaration on the Rights of Indigenous Peoples What is clear from Michael McNally's Defend the Sacred: Native American Religious Freedom beyond the First Amendment, and my own, What Has No Place, Remains: The Challenges for Indigenous... |
2022 |
|
| Author |
Nicholas Shrubsole, Associate Lecturer, University of Central Florida |
| Title |
RAISING INDIGENOUS RELIGIOUS FREEDOM TO A HIGHER STANDARD: MICHAEL MCNALLY'S DEFEND THE SACRED AND THE CANADIAN LEGAL AND LEGISLATIVE LANDSCAPES, DEFEND THE SACRED: NATIVE AMERICAN RELIGIOUS FREEDOM BEYOND THE FIRST AMENDMENT BY MICHAEL D. MCNALLY. PRINCE |
| Citation |
37 Journal of Law and Religion 182 (January, 2022) |
| Summary |
Keywords: Canada; collective rights; cultural rights; Indigenous rights; religious freedom; United Nations Declaration on the Rights of Indigenous Peoples What is clear from Michael McNally's Defend the Sacred: Native American Religious Freedom beyond the First Amendment, and my own, What Has No Place, Remains: The Challenges for Indigenous... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Girardeau A. Spann |
RANDOM JUSTICE |
100 North Carolina Law Review 739 (March, 2022) |
As recent Senate confirmation practices suggest, the Supreme Court is best understood as the head of a political branch of government, whose Justices are chosen in a process that makes their ideological views dispositive. Throughout the nation's history, the Supreme Court has exercised its governing political ideology in ways that sacrifice the... |
2022 |
|
| Author |
Girardeau A. Spann |
| Title |
RANDOM JUSTICE |
| Citation |
100 North Carolina Law Review 739 (March, 2022) |
| Summary |
As recent Senate confirmation practices suggest, the Supreme Court is best understood as the head of a political branch of government, whose Justices are chosen in a process that makes their ideological views dispositive. Throughout the nation's history, the Supreme Court has exercised its governing political ideology in ways that sacrifice the... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Harold Anthony Lloyd |
RECASTING CANONS OF INTERPRETATION AND CONSTRUCTION INTO "CANONICAL" QUERIES: INITIAL CANONICAL QUERIES OF PRESENTED OR TRANSMITTED TEXT |
57 Wake Forest Law Review 353 (2022) |
This Article advocates recasting the canons of construction into neutral queries rather than presumptions or directives of meaning. Such an approach would not only rectify problems with the canons discussed in this Article, but it would also provide lawyers with highly useful checklists of semantic questions lawyers might otherwise overlook when... |
2022 |
|
| Author |
Harold Anthony Lloyd |
| Title |
RECASTING CANONS OF INTERPRETATION AND CONSTRUCTION INTO "CANONICAL" QUERIES: INITIAL CANONICAL QUERIES OF PRESENTED OR TRANSMITTED TEXT |
| Citation |
57 Wake Forest Law Review 353 (2022) |
| Summary |
This Article advocates recasting the canons of construction into neutral queries rather than presumptions or directives of meaning. Such an approach would not only rectify problems with the canons discussed in this Article, but it would also provide lawyers with highly useful checklists of semantic questions lawyers might otherwise overlook when... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Professor Matthew L.M. Fletcher, Reporter for the Restatement |
REFLECTIONS ON THE RESTATEMENT OF THE LAW OF AMERICAN INDIANS |
97 Washington Law Review 699 (October, 2022) |
34TH ANNUAL INDIAN LAW SYMPOSIUM RESTATEMENT OF THE LAW OF AMERICAN INDIANS APRIL 21, 2022 I've been asked to talk about and give some reflections about the Restatement project. And I'm going to start by telling a story about my family. I'm a descendant of a man named Leopold Pokagon. He is the namesake for which the Pokagon Band of Potawatomi... |
2022 |
|
| Author |
Professor Matthew L.M. Fletcher, Reporter for the Restatement |
| Title |
REFLECTIONS ON THE RESTATEMENT OF THE LAW OF AMERICAN INDIANS |
| Citation |
97 Washington Law Review 699 (October, 2022) |
| Summary |
34TH ANNUAL INDIAN LAW SYMPOSIUM RESTATEMENT OF THE LAW OF AMERICAN INDIANS APRIL 21, 2022 I've been asked to talk about and give some reflections about the Restatement project. And I'm going to start by telling a story about my family. I'm a descendant of a man named Leopold Pokagon. He is the namesake for which the Pokagon Band of Potawatomi... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Christopher Ewell |
REIMAGINING THE RENEWABLE ENERGY TRANSITION: THE POTENTIAL FOR MANDATORY CORPORATE DUE DILIGENCE TO ENSURE RESPECT FOR THE RIGHT TO FREE, PRIOR, AND INFORMED CONSENT |
47 Yale Journal of International Law 309 (Summer, 2022) |
Introduction. 310 I. The Legal Development of the Right to Free, Prior, and Informed Consent. 315 A. International Labour Organization Conventions. 317 B. United Nations Declaration on the Rights of Indigenous Peoples. 318 C. International Financial Institutions and Corporate Policies. 319 II. International and Domestic Jurisprudence on the Right... |
2022 |
|
| Author |
Christopher Ewell |
| Title |
REIMAGINING THE RENEWABLE ENERGY TRANSITION: THE POTENTIAL FOR MANDATORY CORPORATE DUE DILIGENCE TO ENSURE RESPECT FOR THE RIGHT TO FREE, PRIOR, AND INFORMED CONSENT |
| Citation |
47 Yale Journal of International Law 309 (Summer, 2022) |
| Summary |
Introduction. 310 I. The Legal Development of the Right to Free, Prior, and Informed Consent. 315 A. International Labour Organization Conventions. 317 B. United Nations Declaration on the Rights of Indigenous Peoples. 318 C. International Financial Institutions and Corporate Policies. 319 II. International and Domestic Jurisprudence on the Right... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Ashleigh Lussenden |
REIMAGINING THE VIOLENCE AGAINST WOMEN ACT FOR TRIBES IN 2022 |
27 Berkeley Journal of Criminal Law 141 (Spring, 2022) |
Introduction. 142 I. The Problem of Criminal Jurisdiction in Indian Country. 144 A. The Oliphant Problem. 144 B. Oliphant's Jurisdictional Vacuum is the Main Cause of Violence Against Native Women. 144 1. Oliphant Undermines Tribal Sovereignty. 145 C. Clarifying Oliphant: Wheeler, Duro, and the Pyrrhic Victory of Lara. 146 II. The Legislation... |
2022 |
Yes |
| Author |
Ashleigh Lussenden |
| Title |
REIMAGINING THE VIOLENCE AGAINST WOMEN ACT FOR TRIBES IN 2022 |
| Citation |
27 Berkeley Journal of Criminal Law 141 (Spring, 2022) |
| Summary |
Introduction. 142 I. The Problem of Criminal Jurisdiction in Indian Country. 144 A. The Oliphant Problem. 144 B. Oliphant's Jurisdictional Vacuum is the Main Cause of Violence Against Native Women. 144 1. Oliphant Undermines Tribal Sovereignty. 145 C. Clarifying Oliphant: Wheeler, Duro, and the Pyrrhic Victory of Lara. 146 II. The Legislation... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Kekek Jason Stark , Autumn L. Bernhardt , Monte Mills , Jason Robison |
RE-INDIGENIZING YELLOWSTONE |
22 Wyoming Law Review 397 (2022) |
I. Introduction. 398 II. Yellowstone as Native Space. 402 A. Native Connections. 403 B. Legal Landscape. 411 1. Inherent Tribal Sovereignty. 412 2. Aboriginal Title and Rights. 412 3. Treaty Relationship. 414 4. Trust Responsibility. 418 III. Federal-Tribal Relations in Yellowstone. 419 A. Trespass (1872-1900). 421 B. Separation (1900-1990). 429 C.... |
2022 |
Yes |
| Author |
Kekek Jason Stark , Autumn L. Bernhardt , Monte Mills , Jason Robison |
| Title |
RE-INDIGENIZING YELLOWSTONE |
| Citation |
22 Wyoming Law Review 397 (2022) |
| Summary |
I. Introduction. 398 II. Yellowstone as Native Space. 402 A. Native Connections. 403 B. Legal Landscape. 411 1. Inherent Tribal Sovereignty. 412 2. Aboriginal Title and Rights. 412 3. Treaty Relationship. 414 4. Trust Responsibility. 418 III. Federal-Tribal Relations in Yellowstone. 419 A. Trespass (1872-1900). 421 B. Separation (1900-1990). 429 C.... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Rose Cuison-Villazor |
REJECTING CITIZENSHIP |
120 Michigan Law Review 1033 (April, 2022) |
Pursuing Citizenship in the Enforcement Era. By Ming Hsu Chen. Stanford: Stanford University Press. 2020. Pp. xi, 215. $28. Citizenship for undocumented immigrants is once again on the horizon. Just a few weeks after President Donald Trump left the White House, and several years since the last time Congress failed to pass comprehensive immigration... |
2022 |
|
| Author |
Rose Cuison-Villazor |
| Title |
REJECTING CITIZENSHIP |
| Citation |
120 Michigan Law Review 1033 (April, 2022) |
| Summary |
Pursuing Citizenship in the Enforcement Era. By Ming Hsu Chen. Stanford: Stanford University Press. 2020. Pp. xi, 215. $28. Citizenship for undocumented immigrants is once again on the horizon. Just a few weeks after President Donald Trump left the White House, and several years since the last time Congress failed to pass comprehensive immigration... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Kendall Lawrenz |
REMEDYING THE HEALTH IMPLICATIONS OF STRUCTURAL RACISM THROUGH REPARATIONS |
90 George Washington Law Review 1018 (August, 2022) |
From the early introduction of slavery to the United States, not only did the economic prosperity of slavery depend on extracting reproductive labor from Black birthing people, but so did the field of medicine. Enslaved Black people were experimented on and forced to undergo inhumane procedures in the name of science, yet as the medical profession... |
2022 |
|
| Author |
Kendall Lawrenz |
| Title |
REMEDYING THE HEALTH IMPLICATIONS OF STRUCTURAL RACISM THROUGH REPARATIONS |
| Citation |
90 George Washington Law Review 1018 (August, 2022) |
| Summary |
From the early introduction of slavery to the United States, not only did the economic prosperity of slavery depend on extracting reproductive labor from Black birthing people, but so did the field of medicine. Enslaved Black people were experimented on and forced to undergo inhumane procedures in the name of science, yet as the medical profession... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Susan K. Serrano , Ian Falefuafua Tapu |
REPARATIVE JUSTICE IN THE U.S. TERRITORIES: RECKONING WITH AMERICA'S COLONIAL CLIMATE CRISIS |
110 California Law Review 1281 (August, 2022) |
This Article links the climate crisis with the ongoing colonization of the U.S. territories. It explores how the U.S. territories' political status--rooted in U.S. colonialism--limits their ability to develop meaningful adaptation efforts to combat the climate crisis in their islands. It offers a developing conceptual framework that draws upon... |
2022 |
|
| Author |
Susan K. Serrano , Ian Falefuafua Tapu |
| Title |
REPARATIVE JUSTICE IN THE U.S. TERRITORIES: RECKONING WITH AMERICA'S COLONIAL CLIMATE CRISIS |
| Citation |
110 California Law Review 1281 (August, 2022) |
| Summary |
This Article links the climate crisis with the ongoing colonization of the U.S. territories. It explores how the U.S. territories' political status--rooted in U.S. colonialism--limits their ability to develop meaningful adaptation efforts to combat the climate crisis in their islands. It offers a developing conceptual framework that draws upon... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|