| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| C. Steven Hager |
REPRINT: THE RULE OF LAW: MCGIRT v. OKLAHOMA AND THE RECOGNITION OF THE MUSCOGEE (CREEK) RESERVATION |
46 American Indian Law Review 308 (2022) |
As this special dedication issue dives into the testimonials in honor of Professor Hager, the incoming Board has decided to include a work by Professor Hager, to share his passion with you, the reader, in his own words. This article, written by Professor C. Steven Hager, was one of the last works Professor Hager published with Oklahoma Indian Legal... |
2022 |
|
| Author |
C. Steven Hager |
| Title |
REPRINT: THE RULE OF LAW: MCGIRT v. OKLAHOMA AND THE RECOGNITION OF THE MUSCOGEE (CREEK) RESERVATION |
| Citation |
46 American Indian Law Review 308 (2022) |
| Summary |
As this special dedication issue dives into the testimonials in honor of Professor Hager, the incoming Board has decided to include a work by Professor Hager, to share his passion with you, the reader, in his own words. This article, written by Professor C. Steven Hager, was one of the last works Professor Hager published with Oklahoma Indian Legal... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Whitney Saunders |
RESISTING INDIGENOUS ERASURE IN RHODE ISLAND: THE NEED FOR COMPULSORY NATIVE AMERICAN HISTORY IN RHODE ISLAND SCHOOLS |
27 Roger Williams University Law Review 379 (Spring, 2022) |
Before we begin, I want to take a moment to reflect on the lands on which we reside. We are coming from many places, physically and remotely, and we want to acknowledge the ancestral homelands and traditional territories of Indigenous and Native peoples who have been here since time immemorial and to recognize that we must continue to build our... |
2022 |
|
| Author |
Whitney Saunders |
| Title |
RESISTING INDIGENOUS ERASURE IN RHODE ISLAND: THE NEED FOR COMPULSORY NATIVE AMERICAN HISTORY IN RHODE ISLAND SCHOOLS |
| Citation |
27 Roger Williams University Law Review 379 (Spring, 2022) |
| Summary |
Before we begin, I want to take a moment to reflect on the lands on which we reside. We are coming from many places, physically and remotely, and we want to acknowledge the ancestral homelands and traditional territories of Indigenous and Native peoples who have been here since time immemorial and to recognize that we must continue to build our... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Bill Piatt |
RESPECTING THE IDENTITY AND DIGNITY OF ALL INDIGENOUS AMERICANS |
6 Howard Human & Civil Rights Law Review 83 (2021-2022) |
The United States government attempted to eliminate Native Americans through outright physical extermination and later by the eradication of Indian identity through a boarding school system and other paper genocide mechanisms. One of those mechanisms is the recognition of some Natives but not the majority, including those who ancestors were... |
2022 |
|
| Author |
Bill Piatt |
| Title |
RESPECTING THE IDENTITY AND DIGNITY OF ALL INDIGENOUS AMERICANS |
| Citation |
6 Howard Human & Civil Rights Law Review 83 (2021-2022) |
| Summary |
The United States government attempted to eliminate Native Americans through outright physical extermination and later by the eradication of Indian identity through a boarding school system and other paper genocide mechanisms. One of those mechanisms is the recognition of some Natives but not the majority, including those who ancestors were... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Matthew L.M. Fletcher |
RESTATEMENT AS AADIZOOKAAN |
2022 Wisconsin Law Review 197 (2022) |
Introduction. 197 I. Waabanong. 199 II. Zhaawanong. 201 III. Niingaabii'anong. 204 IV. Kiiwedinong. 206 Conclusion. 210 |
2022 |
|
| Author |
Matthew L.M. Fletcher |
| Title |
RESTATEMENT AS AADIZOOKAAN |
| Citation |
2022 Wisconsin Law Review 197 (2022) |
| Summary |
Introduction. 197 I. Waabanong. 199 II. Zhaawanong. 201 III. Niingaabii'anong. 204 IV. Kiiwedinong. 206 Conclusion. 210 |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Richard J. Wallsgrove |
RESTORATIVE ENERGY JUSTICE |
40 UCLA Journal of Environmental Law & Policy 133 (2022) |
While distributive justice and procedural justice have received substantial attention from energy scholars, recent work identifies restorative justice as an underdeveloped component of the energy justice framework. As conceived in the context of criminal law, restorative justice seeks to more precisely account for harms and obligations that arise... |
2022 |
|
| Author |
Richard J. Wallsgrove |
| Title |
RESTORATIVE ENERGY JUSTICE |
| Citation |
40 UCLA Journal of Environmental Law & Policy 133 (2022) |
| Summary |
While distributive justice and procedural justice have received substantial attention from energy scholars, recent work identifies restorative justice as an underdeveloped component of the energy justice framework. As conceived in the context of criminal law, restorative justice seeks to more precisely account for harms and obligations that arise... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Sara E. Hill |
RESTORING OKLAHOMA: JUSTICE AND THE RULE OF LAW POST-MCGIRT |
57 Tulsa Law Review 553 (Spring, 2022) |
I. Introduction. 554 II. Criminal Jurisdiction in a Post-McGirt World: The Creation of Modern Criminal Jurisdictional Rules in Indian Country. 558 A. Evolution of Criminal Jurisdiction in Indian Country. 559 III. The Post-McGirt Toolkit: Jurisdictional Problem-solving in Indian Country. 565 A. Public Law 280. 565 B. Cross-deputation Agreements. 567... |
2022 |
|
| Author |
Sara E. Hill |
| Title |
RESTORING OKLAHOMA: JUSTICE AND THE RULE OF LAW POST-MCGIRT |
| Citation |
57 Tulsa Law Review 553 (Spring, 2022) |
| Summary |
I. Introduction. 554 II. Criminal Jurisdiction in a Post-McGirt World: The Creation of Modern Criminal Jurisdictional Rules in Indian Country. 558 A. Evolution of Criminal Jurisdiction in Indian Country. 559 III. The Post-McGirt Toolkit: Jurisdictional Problem-solving in Indian Country. 565 A. Public Law 280. 565 B. Cross-deputation Agreements. 567... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Sam J. Carter , Robin M. Rotman |
RESURFACING SOVEREIGNTY: WHO REGULATES SURFACE MINING IN INDIAN COUNTRY AFTER MCGIRT? |
83 Montana Law Review 265 (Summer, 2022) |
With that one ruling, what we thought that's happened over the last 114 years since statehood was that we were able to regulate industry, we were able to tax, we were able to prosecute crimes. And that's all kind of thrown up into question. This is the concern that Governor Kevin Stitt voiced to the press following the decision in McGirt v.... |
2022 |
Yes |
| Author |
Sam J. Carter , Robin M. Rotman |
| Title |
RESURFACING SOVEREIGNTY: WHO REGULATES SURFACE MINING IN INDIAN COUNTRY AFTER MCGIRT? |
| Citation |
83 Montana Law Review 265 (Summer, 2022) |
| Summary |
With that one ruling, what we thought that's happened over the last 114 years since statehood was that we were able to regulate industry, we were able to tax, we were able to prosecute crimes. And that's all kind of thrown up into question. This is the concern that Governor Kevin Stitt voiced to the press following the decision in McGirt v.... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Taino J. Palermo |
RETURNING HOME AND RESTORING TRUST: A LEGAL FRAMEWORK FOR FEDERALLY NON-RECOGNIZED TRIBAL NATIONS TO ACQUIRE ANCESTRAL LANDS IN FEE SIMPLE |
27 Roger Williams University Law Review 305 (Spring, 2022) |
There is a special trust relationship between the federal government and American Indian tribes, referred to as the trust responsibility. However, it is difficult to frame the scope of this relationship. One narrow interpretation is the trust instrument formed when the federal government takes tribal land in fee simple, to manage for the benefit... |
2022 |
|
| Author |
Taino J. Palermo |
| Title |
RETURNING HOME AND RESTORING TRUST: A LEGAL FRAMEWORK FOR FEDERALLY NON-RECOGNIZED TRIBAL NATIONS TO ACQUIRE ANCESTRAL LANDS IN FEE SIMPLE |
| Citation |
27 Roger Williams University Law Review 305 (Spring, 2022) |
| Summary |
There is a special trust relationship between the federal government and American Indian tribes, referred to as the trust responsibility. However, it is difficult to frame the scope of this relationship. One narrow interpretation is the trust instrument formed when the federal government takes tribal land in fee simple, to manage for the benefit... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| David H. Moore , Michalyn Steele |
REVITALIZING TRIBAL SOVEREIGNTY IN TREATYMAKING |
97 New York University Law Review 137 (April, 2022) |
In the current model of federal-Indian relations, the United States claims a plenary legislative power, as putative guardian, to regulate Indian tribes. Under this model, tribes are essentially wards in a state of pupilage. But the federal-tribal relationship was not always so. Originally, the federal government embraced, even promoted, a more... |
2022 |
Yes |
| Author |
David H. Moore , Michalyn Steele |
| Title |
REVITALIZING TRIBAL SOVEREIGNTY IN TREATYMAKING |
| Citation |
97 New York University Law Review 137 (April, 2022) |
| Summary |
In the current model of federal-Indian relations, the United States claims a plenary legislative power, as putative guardian, to regulate Indian tribes. Under this model, tribes are essentially wards in a state of pupilage. But the federal-tribal relationship was not always so. Originally, the federal government embraced, even promoted, a more... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Nicole Mecca |
RIDING THE WAVE: FAIRNESS FOR FOREIGN INVESTORS IN INDIA'S IMPENDING INSOLVENCY TSUNAMI |
27 Fordham Journal of Corporate and Financial Law 619 (2022) |
Reminiscent of the warning signs of a tsunami, bankruptcy and insolvency courts across the globe have been eerily calm despite unprecedented conditions during the COVID-19 pandemic. The full extent of the pandemic's effect, including a tidal wave of wide-spread corporate and financial sector harm and wide-spread economic distress, remains to be... |
2022 |
|
| Author |
Nicole Mecca |
| Title |
RIDING THE WAVE: FAIRNESS FOR FOREIGN INVESTORS IN INDIA'S IMPENDING INSOLVENCY TSUNAMI |
| Citation |
27 Fordham Journal of Corporate and Financial Law 619 (2022) |
| Summary |
Reminiscent of the warning signs of a tsunami, bankruptcy and insolvency courts across the globe have been eerily calm despite unprecedented conditions during the COVID-19 pandemic. The full extent of the pandemic's effect, including a tidal wave of wide-spread corporate and financial sector harm and wide-spread economic distress, remains to be... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Brian L. Pierson |
RIGHT-OF-WAY SOVEREIGNTY |
2022 Wisconsin Law Review 225 (2022) |
Introduction. 225 I. Historical Summary of Laws Governing Rights-of-Way Through Indian Country. 228 II. Rights-of-Way in Wisconsin Indian Country. 231 III. Sovereignty Enhancement Under the 2016 Part 169 Regulations. 235 Conclusion. 237 |
2022 |
Yes |
| Author |
Brian L. Pierson |
| Title |
RIGHT-OF-WAY SOVEREIGNTY |
| Citation |
2022 Wisconsin Law Review 225 (2022) |
| Summary |
Introduction. 225 I. Historical Summary of Laws Governing Rights-of-Way Through Indian Country. 228 II. Rights-of-Way in Wisconsin Indian Country. 231 III. Sovereignty Enhancement Under the 2016 Part 169 Regulations. 235 Conclusion. 237 |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Amanda Lyons |
RURALITY AS AN INTERSECTING AXIS OF INEQUALITY IN THE WORK OF THE U.N. TREATY BODIES |
79 Washington and Lee Law Review 1125 (Summer, 2022) |
Rurality intersects with other identities, power dynamics, and structural inequalities--including those related to gender, race, disability, and age--to create unique patterns of human rights deprivations, violations, and challenges in rural spaces. Therefore, accurately assessing human rights and duties in rural spaces requires attention to the... |
2022 |
Yes |
| Author |
Amanda Lyons |
| Title |
RURALITY AS AN INTERSECTING AXIS OF INEQUALITY IN THE WORK OF THE U.N. TREATY BODIES |
| Citation |
79 Washington and Lee Law Review 1125 (Summer, 2022) |
| Summary |
Rurality intersects with other identities, power dynamics, and structural inequalities--including those related to gender, race, disability, and age--to create unique patterns of human rights deprivations, violations, and challenges in rural spaces. Therefore, accurately assessing human rights and duties in rural spaces requires attention to the... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Pippa Browde |
SACRIFICING SOVEREIGNTY: HOW TRIBAL-STATE TAX COMPACTS IMPACT ECONOMIC DEVELOPMENT IN INDIAN COUNTRY |
74 Hastings Law Journal 1 (December, 2022) |
Economic development is a critical component of tribal sovereignty. When a state asserts taxing authority within Indian Country, there is potential for overlapping, or juridical, taxation over the same transaction. Actual or even potential juridical taxation threatens economic development opportunities for tribes. For many years, tribes and states... |
2022 |
Yes |
| Author |
Pippa Browde |
| Title |
SACRIFICING SOVEREIGNTY: HOW TRIBAL-STATE TAX COMPACTS IMPACT ECONOMIC DEVELOPMENT IN INDIAN COUNTRY |
| Citation |
74 Hastings Law Journal 1 (December, 2022) |
| Summary |
Economic development is a critical component of tribal sovereignty. When a state asserts taxing authority within Indian Country, there is potential for overlapping, or juridical, taxation over the same transaction. Actual or even potential juridical taxation threatens economic development opportunities for tribes. For many years, tribes and states... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Adriel I. Cepeda Derieux , Rafael Cox Alomar |
SAYING WHAT EVERYONE KNOWS TO BE TRUE: WHY STARE DECISIS IS NOT AN OBSTACLE TO OVERRULING THE INSULAR CASES |
53 Columbia Human Rights Law Review 721 (Spring, 2022) |
At no other point in recent history have the so-called Insular Cases, and their enduring colonial legacy, elicited as intense a debate in Congress, the U.S. Department of Justice, the federal courts, and the territories as right now. Today, these early-twentieth-century cases--which notoriously established a continuing distinction between... |
2022 |
|
| Author |
Adriel I. Cepeda Derieux , Rafael Cox Alomar |
| Title |
SAYING WHAT EVERYONE KNOWS TO BE TRUE: WHY STARE DECISIS IS NOT AN OBSTACLE TO OVERRULING THE INSULAR CASES |
| Citation |
53 Columbia Human Rights Law Review 721 (Spring, 2022) |
| Summary |
At no other point in recent history have the so-called Insular Cases, and their enduring colonial legacy, elicited as intense a debate in Congress, the U.S. Department of Justice, the federal courts, and the territories as right now. Today, these early-twentieth-century cases--which notoriously established a continuing distinction between... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Heather J. Tanana |
SECURING A PERMANENT HOMELAND: THE FEDERAL GOVERNMENT'S RESPONSIBILITY TO PROVIDE CLEAN WATER ACCESS TO TRIBAL COMMUNITIES |
69-APR Federal Lawyer 52 (March/April, 2022) |
Water is life--critical to the health, socioeconomic, and cultural needs of any community. Every household in the United States needs and deserves access to clean, reliable, and affordable drinking water. Yet, tribal communities face high rates of water insecurity. More than a half million people--nearly 48 percent of tribal homes in Native... |
2022 |
|
| Author |
Heather J. Tanana |
| Title |
SECURING A PERMANENT HOMELAND: THE FEDERAL GOVERNMENT'S RESPONSIBILITY TO PROVIDE CLEAN WATER ACCESS TO TRIBAL COMMUNITIES |
| Citation |
69-APR Federal Lawyer 52 (March/April, 2022) |
| Summary |
Water is life--critical to the health, socioeconomic, and cultural needs of any community. Every household in the United States needs and deserves access to clean, reliable, and affordable drinking water. Yet, tribal communities face high rates of water insecurity. More than a half million people--nearly 48 percent of tribal homes in Native... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Aila Hoss |
SECURING TRIBAL CONSULTATION TO SUPPORT TRIBAL HEALTH SOVEREIGNTY |
14 Northeastern University Law Review 155 (February, 2022) |
Introduction 159 I. Tribal Governments and Federal Indian Law 161 II. Tribal Consultation and the Law 163 A. United Nations Declaration on the Rights of Indigenous Peoples 164 B. Federal Executive Branch Requirements 166 C. Federal Statutory Requirements 169 D. State Requirements 170 III. Limitations of Existing Consultation Mandates 175 IV.... |
2022 |
Yes |
| Author |
Aila Hoss |
| Title |
SECURING TRIBAL CONSULTATION TO SUPPORT TRIBAL HEALTH SOVEREIGNTY |
| Citation |
14 Northeastern University Law Review 155 (February, 2022) |
| Summary |
Introduction 159 I. Tribal Governments and Federal Indian Law 161 II. Tribal Consultation and the Law 163 A. United Nations Declaration on the Rights of Indigenous Peoples 164 B. Federal Executive Branch Requirements 166 C. Federal Statutory Requirements 169 D. State Requirements 170 III. Limitations of Existing Consultation Mandates 175 IV.... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Olivia Meadows |
SELF-DETERMINED HEALTH: REEVALUATING CURRENT SYSTEMS AND FUNDING FOR NATIVE AMERICAN HEALTH CARE |
48 American Journal of Law & Medicine 91 (2022) |
For years, the federal government has failed to uphold its promises to provide health care to Native Americans. These promises are echoed in treaties, the Constitution, and judicially-created law. As a result of this breach of promise and chronically underfunding, there are significant health disparities between indigenous populations and other... |
2022 |
Yes |
| Author |
Olivia Meadows |
| Title |
SELF-DETERMINED HEALTH: REEVALUATING CURRENT SYSTEMS AND FUNDING FOR NATIVE AMERICAN HEALTH CARE |
| Citation |
48 American Journal of Law & Medicine 91 (2022) |
| Summary |
For years, the federal government has failed to uphold its promises to provide health care to Native Americans. These promises are echoed in treaties, the Constitution, and judicially-created law. As a result of this breach of promise and chronically underfunding, there are significant health disparities between indigenous populations and other... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Çaca Yvaire |
SENTIENT RAINS |
30 New York University Environmental Law Journal 337 (2022) |
There are perhaps multiple explanations behind the rise of the modern nation-state. The modern nation-states of today exist due to colonization. As nations such as Great Britain spread across the world, they would conquer territories and introduce their own institutions there. Under colonialism, local populations did not have the sovereignty to... |
2022 |
Yes |
| Author |
Çaca Yvaire |
| Title |
SENTIENT RAINS |
| Citation |
30 New York University Environmental Law Journal 337 (2022) |
| Summary |
There are perhaps multiple explanations behind the rise of the modern nation-state. The modern nation-states of today exist due to colonization. As nations such as Great Britain spread across the world, they would conquer territories and introduce their own institutions there. Under colonialism, local populations did not have the sovereignty to... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Riccardo Vecellio Segate |
SHIFTING PRIVACY RIGHTS FROM THE INDIVIDUAL TO THE GROUP: A RE-ADAPTATION OF ALGORITHMS REGULATION TO ADDRESS THE GESTALTIAN CONFIGURATION OF GROUPS |
8 Loyola University Chicago Journal of Regulatory Compliance 55 (Spring, 2022) |
Engineers have long demonstrated that anonymizing bulk data is insufficient a condition for ensuring that specific individuals are not isolated and re-identified out of broader amounts of data and metadata. However, this approach still focuses on the most traditional conception of privacy, rooted in the individual as sovereign over their own... |
2022 |
Yes |
| Author |
Riccardo Vecellio Segate |
| Title |
SHIFTING PRIVACY RIGHTS FROM THE INDIVIDUAL TO THE GROUP: A RE-ADAPTATION OF ALGORITHMS REGULATION TO ADDRESS THE GESTALTIAN CONFIGURATION OF GROUPS |
| Citation |
8 Loyola University Chicago Journal of Regulatory Compliance 55 (Spring, 2022) |
| Summary |
Engineers have long demonstrated that anonymizing bulk data is insufficient a condition for ensuring that specific individuals are not isolated and re-identified out of broader amounts of data and metadata. However, this approach still focuses on the most traditional conception of privacy, rooted in the individual as sovereign over their own... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Scott Franks |
SOME REFLECTIONS OF A MÉTIS LAW STUDENT AND ASSISTANT PROFESSOR ON INDIGENOUS LEGAL EDUCATION IN CANADA |
48 Mitchell Hamline Law Review 744 (May, 2022) |
This Article is a reflection on some of my experiences as a Métis law student and assistant professor on the subject of Indigenous legal education in Canada. I introduce myself and what brought me to law school and describe some of my experiences as a law student, as a co-president of an Indigenous Students Association, and as a student organizer... |
2022 |
|
| Author |
Scott Franks |
| Title |
SOME REFLECTIONS OF A MÉTIS LAW STUDENT AND ASSISTANT PROFESSOR ON INDIGENOUS LEGAL EDUCATION IN CANADA |
| Citation |
48 Mitchell Hamline Law Review 744 (May, 2022) |
| Summary |
This Article is a reflection on some of my experiences as a Métis law student and assistant professor on the subject of Indigenous legal education in Canada. I introduce myself and what brought me to law school and describe some of my experiences as a law student, as a co-president of an Indigenous Students Association, and as a student organizer... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Haley Stewart |
SOVEREIGNS OF NO TERRITORY: ALASKA NATIVES, ANCSA, AND TRIBAL SELF-DETERMINATION |
12 Arizona Journal of Environmental Law & Policy 247 (Summer, 2022) |
This Note examines Alaska Native systems of private land ownership as imposed through the Alaska Native Claims Settlement Act (ANCSA) and evaluates existing and potential alternatives in the interest of self-determination, sovereignty, and land ownership. ANCSA was passed in 1971 to resolve conflicts over the land in Alaska, and it established a... |
2022 |
Yes |
| Author |
Haley Stewart |
| Title |
SOVEREIGNS OF NO TERRITORY: ALASKA NATIVES, ANCSA, AND TRIBAL SELF-DETERMINATION |
| Citation |
12 Arizona Journal of Environmental Law & Policy 247 (Summer, 2022) |
| Summary |
This Note examines Alaska Native systems of private land ownership as imposed through the Alaska Native Claims Settlement Act (ANCSA) and evaluates existing and potential alternatives in the interest of self-determination, sovereignty, and land ownership. ANCSA was passed in 1971 to resolve conflicts over the land in Alaska, and it established a... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Anupam Chander , Haochen Sun |
SOVEREIGNTY 2.0 |
55 Vanderbilt Journal of Transnational Law 283 (March, 2022) |
Digital sovereignty--the exercise of control over the internet--is the ambition of the world's leaders, from Australia to Zimbabwe, seen as a bulwark against both foreign states and foreign corporations. Governments have resoundingly answered first-generation internet law questions of who, if anyone, should regulate the internet. The answer: they... |
2022 |
Yes |
| Author |
Anupam Chander , Haochen Sun |
| Title |
SOVEREIGNTY 2.0 |
| Citation |
55 Vanderbilt Journal of Transnational Law 283 (March, 2022) |
| Summary |
Digital sovereignty--the exercise of control over the internet--is the ambition of the world's leaders, from Australia to Zimbabwe, seen as a bulwark against both foreign states and foreign corporations. Governments have resoundingly answered first-generation internet law questions of who, if anyone, should regulate the internet. The answer: they... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Sam Erman |
STATUS MANIPULATION AND SPECTRAL SOVEREIGNS |
53 Columbia Human Rights Law Review 813 (Spring, 2022) |
This Essay examines how empire invisibly perpetuates itself through status manipulation. Status refers to formal polity-person and polity-place relationships, perceived to be well-defined, pre-established, unchanging, and consequential. Such relationships are envisioned as automatically creating rights and powers, as well as obligations,... |
2022 |
Yes |
| Author |
Sam Erman |
| Title |
STATUS MANIPULATION AND SPECTRAL SOVEREIGNS |
| Citation |
53 Columbia Human Rights Law Review 813 (Spring, 2022) |
| Summary |
This Essay examines how empire invisibly perpetuates itself through status manipulation. Status refers to formal polity-person and polity-place relationships, perceived to be well-defined, pre-established, unchanging, and consequential. Such relationships are envisioned as automatically creating rights and powers, as well as obligations,... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Isabella Zink |
STORM WARNING: NEW ZEALAND'S TREATMENT OF "CLIMATE REFUGEE" CLAIMS AS A VIOLATION OF INTERNATIONAL LAW |
37 American University International Law Review 441 (2022) |
I. INTRODUCTION. 442 II. BACKGROUND. 445 A. Effects of slow-onset climate change on Pacific Island atoll nations. 445 B. Government mitigation plans for climate change affecting Pacific Island atoll nations. 447 C. Protections offered to climate refugees under current international legal frameworks. 449 D. New Zealand's domestic immigration and... |
2022 |
Yes |
| Author |
Isabella Zink |
| Title |
STORM WARNING: NEW ZEALAND'S TREATMENT OF "CLIMATE REFUGEE" CLAIMS AS A VIOLATION OF INTERNATIONAL LAW |
| Citation |
37 American University International Law Review 441 (2022) |
| Summary |
I. INTRODUCTION. 442 II. BACKGROUND. 445 A. Effects of slow-onset climate change on Pacific Island atoll nations. 445 B. Government mitigation plans for climate change affecting Pacific Island atoll nations. 447 C. Protections offered to climate refugees under current international legal frameworks. 449 D. New Zealand's domestic immigration and... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Angelique EagleWoman, Wambdi A. Was'teWinyan, Dominic J. Terry, Lani Petrulo., Dr. Gavin Clarkson, Angela Levasseur, Leah R. Sixkiller, Jack Rice |
STORYTELLING AND TRUTH-TELLING: PERSONAL REFLECTIONS ON THE NATIVE AMERICAN EXPERIENCE IN LAW SCHOOLS |
48 Mitchell Hamline Law Review 704 (May, 2022) |
I. Introduction. 705 II. Becoming a Native Lawyer. 710 A. Ya'at'eeh!. 710 B. Don't Be A Victim of Your Environment. 710 C. Work Hard, and Never Give Up. 711 D. The Scenic Route. 711 E. So Close, Yet So Far. 712 F. The Bar Exam Does Not Define You!. 713 G. Ya'at'eeh, My Name is Dominic Terry. 713 III. Barred: A Personal Reflection on the Native... |
2022 |
|
| Author |
Angelique EagleWoman, Wambdi A. Was'teWinyan, Dominic J. Terry, Lani Petrulo., Dr. Gavin Clarkson, Angela Levasseur, Leah R. Sixkiller, Jack Rice |
| Title |
STORYTELLING AND TRUTH-TELLING: PERSONAL REFLECTIONS ON THE NATIVE AMERICAN EXPERIENCE IN LAW SCHOOLS |
| Citation |
48 Mitchell Hamline Law Review 704 (May, 2022) |
| Summary |
I. Introduction. 705 II. Becoming a Native Lawyer. 710 A. Ya'at'eeh!. 710 B. Don't Be A Victim of Your Environment. 710 C. Work Hard, and Never Give Up. 711 D. The Scenic Route. 711 E. So Close, Yet So Far. 712 F. The Bar Exam Does Not Define You!. 713 G. Ya'at'eeh, My Name is Dominic Terry. 713 III. Barred: A Personal Reflection on the Native... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Jon W. Katchen , Nicholas Ostrovsky |
STRANGERS IN THEIR OWN LAND: A SURVEY OF THE STATUS OF THE ALASKA NATIVE PEOPLE FROM THE RUSSIAN OCCUPATION THROUGH THE TURN OF THE TWENTIETH CENTURY |
39 Alaska Law Review 1 (June, 2022) |
The federal government's scattershot treatment of Alaska Natives has long created confusion over the legal status and rights of Alaska Natives and Alaska Native entities. This confusion was center stage in the recent Supreme Court case, Yellen v. Confederated Tribes of the Chehalis Reservation, involving Indian Tribe entitlement to CARES Act... |
2022 |
Yes |
| Author |
Jon W. Katchen , Nicholas Ostrovsky |
| Title |
STRANGERS IN THEIR OWN LAND: A SURVEY OF THE STATUS OF THE ALASKA NATIVE PEOPLE FROM THE RUSSIAN OCCUPATION THROUGH THE TURN OF THE TWENTIETH CENTURY |
| Citation |
39 Alaska Law Review 1 (June, 2022) |
| Summary |
The federal government's scattershot treatment of Alaska Natives has long created confusion over the legal status and rights of Alaska Natives and Alaska Native entities. This confusion was center stage in the recent Supreme Court case, Yellen v. Confederated Tribes of the Chehalis Reservation, involving Indian Tribe entitlement to CARES Act... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Elizabeth Hidalgo |
SUPPORTING NATIVE AMERICAN COMMUNITIES DURING THE CORONAVIRUS PANDEMIC: CHECKPOINTS, TRIBAL SOVEREIGNTY, AND THE IMPLICATIONS OF MCGIRT v. OKLAHOMA |
21 Houston Journal of Health Law & Policy 449 (2022) |
Introduction. 451 I. Overview of the COVID-19 Pandemic in South Dakota. 455 A. Cheyenne River Sioux Tribe's Pandemic Response. 457 1. Preparations. 457 2. Basis for Heightened Concern. 457 B. Checkpoint Implementation and Controversy. 458 II. Impact on Native American Communities. 462 A. Impact on the Cheyenne River Sioux Tribe. 462 B. Crisis in... |
2022 |
Yes |
| Author |
Elizabeth Hidalgo |
| Title |
SUPPORTING NATIVE AMERICAN COMMUNITIES DURING THE CORONAVIRUS PANDEMIC: CHECKPOINTS, TRIBAL SOVEREIGNTY, AND THE IMPLICATIONS OF MCGIRT v. OKLAHOMA |
| Citation |
21 Houston Journal of Health Law & Policy 449 (2022) |
| Summary |
Introduction. 451 I. Overview of the COVID-19 Pandemic in South Dakota. 455 A. Cheyenne River Sioux Tribe's Pandemic Response. 457 1. Preparations. 457 2. Basis for Heightened Concern. 457 B. Checkpoint Implementation and Controversy. 458 II. Impact on Native American Communities. 462 A. Impact on the Cheyenne River Sioux Tribe. 462 B. Crisis in... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Emily Reevesiginal |
TAKING BACK SOVEREIGNTY: THE IMPORTANCE OF NATIVE VOICES IN ADDRESSING ENVIRONMENTAL HARMS TO NATIVE LAND |
52 California Western International Law Journal 615 (Spring, 2022) |
C1-2Table of Contents Introduction. 616 I. History of Tribal Sovereignty. 619 II. Tribal Sovereignty and Environmental Rights. 620 III. Description of Controversy. 623 A. The Enbridge Pipeline. 624 B. Department of Natural Resources v. White Earth Band of Ojibwe. 625 IV. Repercussions of Department of Natural Resources v. White Earth Band of... |
2022 |
Yes |
| Author |
Emily Reevesiginal |
| Title |
TAKING BACK SOVEREIGNTY: THE IMPORTANCE OF NATIVE VOICES IN ADDRESSING ENVIRONMENTAL HARMS TO NATIVE LAND |
| Citation |
52 California Western International Law Journal 615 (Spring, 2022) |
| Summary |
C1-2Table of Contents Introduction. 616 I. History of Tribal Sovereignty. 619 II. Tribal Sovereignty and Environmental Rights. 620 III. Description of Controversy. 623 A. The Enbridge Pipeline. 624 B. Department of Natural Resources v. White Earth Band of Ojibwe. 625 IV. Repercussions of Department of Natural Resources v. White Earth Band of... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Jordan Gross |
TAKING STOCK: OPEN QUESTIONS AND UNFINISHED BUSINESS UNDER THE VAWA AMENDMENTS TO THE INDIAN CIVIL RIGHTS ACT |
73 Hastings Law Journal 475 (February, 2022) |
The primary statutory tool for federal regulation of Tribal court criminal procedure is the Indian Civil Rights Act of 1968 (ICRA). ICRA replicated most of the procedural protections in the Bill of Rights applicable to the States, as then interpreted by the Supreme Court. ICRA also sets out procedures Tribes must extend to criminal defendants in... |
2022 |
|
| Author |
Jordan Gross |
| Title |
TAKING STOCK: OPEN QUESTIONS AND UNFINISHED BUSINESS UNDER THE VAWA AMENDMENTS TO THE INDIAN CIVIL RIGHTS ACT |
| Citation |
73 Hastings Law Journal 475 (February, 2022) |
| Summary |
The primary statutory tool for federal regulation of Tribal court criminal procedure is the Indian Civil Rights Act of 1968 (ICRA). ICRA replicated most of the procedural protections in the Bill of Rights applicable to the States, as then interpreted by the Supreme Court. ICRA also sets out procedures Tribes must extend to criminal defendants in... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Kyle Willmott , Department of Sociology & Anthropology, Simon Fraser University, Burnaby, British Columbia, Canada |
TAXES, TAXPAYERS, AND SETTLER COLONIALISM: TOWARD A CRITICAL FISCAL SOCIOLOGY OF TAX AS WHITE PROPERTY |
56 Law and Society Review 6 (March, 2022) |
In settler colonial states such as Canada, tax is central to political ideas that circulate about Indigenous nations and people. The stories that are told about Indigenous peoples by taxpayers' often involve complaints about budgets, welfare, and unfair tax arrangements. The paper theorizes how informal tax imaginaries' and taxpayer... |
2022 |
|
| Author |
Kyle Willmott , Department of Sociology & Anthropology, Simon Fraser University, Burnaby, British Columbia, Canada |
| Title |
TAXES, TAXPAYERS, AND SETTLER COLONIALISM: TOWARD A CRITICAL FISCAL SOCIOLOGY OF TAX AS WHITE PROPERTY |
| Citation |
56 Law and Society Review 6 (March, 2022) |
| Summary |
In settler colonial states such as Canada, tax is central to political ideas that circulate about Indigenous nations and people. The stories that are told about Indigenous peoples by taxpayers' often involve complaints about budgets, welfare, and unfair tax arrangements. The paper theorizes how informal tax imaginaries' and taxpayer... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|