| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Yanay Israeli |
THE REQUERIMIENTO IN THE OLD WORLD: MAKING DEMANDS AND KEEPING RECORDS IN THE LEGAL CULTURE OF LATE MEDIEVAL CASTILE |
40 Law and History Review 37 (February, 2022) |
The requerimiento (requirement) was among the most famous legal instruments of Spanish colonization in the Americas, a legal ritual of conquest designed to both assert and legitimate rule over others. Upon first contact with indigenous groups, invading parties would read a written statement asserting Spanish sovereignty over the islands and... |
2022 |
Yes |
| Author |
Yanay Israeli |
| Title |
THE REQUERIMIENTO IN THE OLD WORLD: MAKING DEMANDS AND KEEPING RECORDS IN THE LEGAL CULTURE OF LATE MEDIEVAL CASTILE |
| Citation |
40 Law and History Review 37 (February, 2022) |
| Summary |
The requerimiento (requirement) was among the most famous legal instruments of Spanish colonization in the Americas, a legal ritual of conquest designed to both assert and legitimate rule over others. Upon first contact with indigenous groups, invading parties would read a written statement asserting Spanish sovereignty over the islands and... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Adam Crepelle |
THE RESERVATION AND THE RULE OF LAW |
70 Louisiana Bar Journal 192 (October/November, 2022) |
The rule of law is vital to social stability and economic development. The Supreme Court's 2020 decision in McGirt v. Oklahoma cast a cloud of uncertainty over which law to follow in eastern Oklahoma--tribal, state or federal. McGirt arose because Oklahoma acted as though the Muscogee Nation's treaty guaranteed reservation had been disestablished... |
2022 |
Yes |
| Author |
Adam Crepelle |
| Title |
THE RESERVATION AND THE RULE OF LAW |
| Citation |
70 Louisiana Bar Journal 192 (October/November, 2022) |
| Summary |
The rule of law is vital to social stability and economic development. The Supreme Court's 2020 decision in McGirt v. Oklahoma cast a cloud of uncertainty over which law to follow in eastern Oklahoma--tribal, state or federal. McGirt arose because Oklahoma acted as though the Muscogee Nation's treaty guaranteed reservation had been disestablished... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Nick Crockett |
THE RISE OF CRITICAL INFRASTRUCTURE PROTEST LEGISLATION AND ITS IMPLICATIONS FOR RADICAL CLIMATE ACTIVISM |
33 Colorado Environmental Law Journal 407 (Spring, 2022) |
C1-2Table of Contents Introduction. 408 I. Background on State Repression and Vilification of Radical Environmental Activists. 411 A. Direct Action. 412 B. Animal Enterprise Terrorism Act. 413 C. Standing Rock and Valve Turners: The Impetus for the Rise of Critical Infrastructure Protest Laws. 415 II. Survey and Statutory Analysis of Critical... |
2022 |
|
| Author |
Nick Crockett |
| Title |
THE RISE OF CRITICAL INFRASTRUCTURE PROTEST LEGISLATION AND ITS IMPLICATIONS FOR RADICAL CLIMATE ACTIVISM |
| Citation |
33 Colorado Environmental Law Journal 407 (Spring, 2022) |
| Summary |
C1-2Table of Contents Introduction. 408 I. Background on State Repression and Vilification of Radical Environmental Activists. 411 A. Direct Action. 412 B. Animal Enterprise Terrorism Act. 413 C. Standing Rock and Valve Turners: The Impetus for the Rise of Critical Infrastructure Protest Laws. 415 II. Survey and Statutory Analysis of Critical... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Arthur D. Middleton, Temple Stoellinger, Drew E. Bennett, Travis Brammer, Laura Gigliotti, Hilary Byerly Flint, Sam Maher, Bryan Leonard |
THE ROLE OF PRIVATE LANDS IN CONSERVING YELLOWSTONE'S WILDLIFE IN THE TWENTY-FIRST CENTURY |
22 Wyoming Law Review 237 (2022) |
I. Introduction. 238 II. Origins, Ownership, and Use of Private Land in the Gye. 244 III. Importance of Private Lands to Wide-Ranging Wildlife in the Gye. 251 A. The Grizzly Bear. 252 B. The Elk. 254 IV. Conceptual Basis for Wildlife Conservation on Private Lands. 260 A. Responsibilities of Landowners Toward Wildlife; and of the Public Toward... |
2022 |
|
| Author |
Arthur D. Middleton, Temple Stoellinger, Drew E. Bennett, Travis Brammer, Laura Gigliotti, Hilary Byerly Flint, Sam Maher, Bryan Leonard |
| Title |
THE ROLE OF PRIVATE LANDS IN CONSERVING YELLOWSTONE'S WILDLIFE IN THE TWENTY-FIRST CENTURY |
| Citation |
22 Wyoming Law Review 237 (2022) |
| Summary |
I. Introduction. 238 II. Origins, Ownership, and Use of Private Land in the Gye. 244 III. Importance of Private Lands to Wide-Ranging Wildlife in the Gye. 251 A. The Grizzly Bear. 252 B. The Elk. 254 IV. Conceptual Basis for Wildlife Conservation on Private Lands. 260 A. Responsibilities of Landowners Toward Wildlife; and of the Public Toward... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Clare J. Soria |
THE ROLE OF THE LAW IN NATIVE SOVEREIGNTY: A COMPARISON OF CANADIAN AND AMERICAN APPROACHES TO SOVEREIGNTY |
46 Canada-United States Law Journal 253 (2022) |
C1-2Table of Contents Abstract. 254 I. Introduction. 254 II. What Sovereignty Means to Natives and the Contemporary Landback Movement. 255 a. Preservation of Culture, Autonomy and Freedom. 255 b. The Landback Movement Today. 256 III. Canada and the United States: A Fundamentally Different Legal Approach to Establishing Sovereignty - Comparison of... |
2022 |
Yes |
| Author |
Clare J. Soria |
| Title |
THE ROLE OF THE LAW IN NATIVE SOVEREIGNTY: A COMPARISON OF CANADIAN AND AMERICAN APPROACHES TO SOVEREIGNTY |
| Citation |
46 Canada-United States Law Journal 253 (2022) |
| Summary |
C1-2Table of Contents Abstract. 254 I. Introduction. 254 II. What Sovereignty Means to Natives and the Contemporary Landback Movement. 255 a. Preservation of Culture, Autonomy and Freedom. 255 b. The Landback Movement Today. 256 III. Canada and the United States: A Fundamentally Different Legal Approach to Establishing Sovereignty - Comparison of... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Scotti Hill |
THE ROUND HOUSE BY LOUISE ERDRICH |
35-AUG Utah Bar Journal 44 (July/August, 2022) |
Jurisdiction is among the first legal doctrines instilled in the minds of eager 1Ls. While many recall the difference between personal and subject matter jurisdiction, the issue of indigenous sovereignty has puzzled American law students and is often given short shrift in legal coursework due to its relative complexity and fraught history. The work... |
2022 |
Yes |
| Author |
Scotti Hill |
| Title |
THE ROUND HOUSE BY LOUISE ERDRICH |
| Citation |
35-AUG Utah Bar Journal 44 (July/August, 2022) |
| Summary |
Jurisdiction is among the first legal doctrines instilled in the minds of eager 1Ls. While many recall the difference between personal and subject matter jurisdiction, the issue of indigenous sovereignty has puzzled American law students and is often given short shrift in legal coursework due to its relative complexity and fraught history. The work... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Ming Tanigawa-Lau |
THE STATE'S KULEANA: DECONSTRUCTING THE PERMITTING PROCESS FOR THE THIRTY-METER TELESCOPE AND FINDING RESTORATION THROUGH SYSTEMIC VALIDATION OF NATIVE HAWAIIAN RIGHTS |
68 UCLA Law Review 1390 (January, 2022) |
To many Native Hawaiians, Maunakea is a sacred place, central to their creation. To the astronomy community, it represents modern astronomy's greatest opportunity for scientific advancement. The steady construction of observatories on Maunakea since the 1960s, and the resultant destruction of the mountain's natural and spiritual landscape... |
2022 |
|
| Author |
Ming Tanigawa-Lau |
| Title |
THE STATE'S KULEANA: DECONSTRUCTING THE PERMITTING PROCESS FOR THE THIRTY-METER TELESCOPE AND FINDING RESTORATION THROUGH SYSTEMIC VALIDATION OF NATIVE HAWAIIAN RIGHTS |
| Citation |
68 UCLA Law Review 1390 (January, 2022) |
| Summary |
To many Native Hawaiians, Maunakea is a sacred place, central to their creation. To the astronomy community, it represents modern astronomy's greatest opportunity for scientific advancement. The steady construction of observatories on Maunakea since the 1960s, and the resultant destruction of the mountain's natural and spiritual landscape... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Jessica A. Shoemaker |
THE TRUTH ABOUT PROPERTY |
120 Michigan Law Review 1143 (April, 2022) |
Federal Ground: Governing Property and Violence in the First U.S. Territories. By Gregory Ablavsky. New York: Oxford University Press. 2021. Pp. ix, 350. $39.95. The truth about stories is that that's all we are. This is one of the repeated refrains in Thomas King's The Truth About Stories: A Native Narrative. King is an American-born Canadian... |
2022 |
|
| Author |
Jessica A. Shoemaker |
| Title |
THE TRUTH ABOUT PROPERTY |
| Citation |
120 Michigan Law Review 1143 (April, 2022) |
| Summary |
Federal Ground: Governing Property and Violence in the First U.S. Territories. By Gregory Ablavsky. New York: Oxford University Press. 2021. Pp. ix, 350. $39.95. The truth about stories is that that's all we are. This is one of the repeated refrains in Thomas King's The Truth About Stories: A Native Narrative. King is an American-born Canadian... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Heather J. Tanana, Elisabeth Paxton Parker |
THE UNFULFILLED PROMISE OF INDIAN WATER RIGHTS SETTLEMENTS |
37-FALL Natural Resources & Environment 12 (Fall, 2022) |
When the Ute Bands signed the treaty establishing the Ute Reservation in 1868, the United States promised the Ute people that the Reservation would be a permanent home that would support our people forever. The key to carrying out that promise is water--a fact that the Tribal leadership has always known but which the United States has sometimes... |
2022 |
Yes |
| Author |
Heather J. Tanana, Elisabeth Paxton Parker |
| Title |
THE UNFULFILLED PROMISE OF INDIAN WATER RIGHTS SETTLEMENTS |
| Citation |
37-FALL Natural Resources & Environment 12 (Fall, 2022) |
| Summary |
When the Ute Bands signed the treaty establishing the Ute Reservation in 1868, the United States promised the Ute people that the Reservation would be a permanent home that would support our people forever. The key to carrying out that promise is water--a fact that the Tribal leadership has always known but which the United States has sometimes... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Elizabeth Dunne, Esq. |
THE US PRESIDENT AND ARMY CORPS' DISCRETION AND AUTHORITY WITH REGARD TO EXECUTIVE ACTION IN FURTHERANCE OF BREACHING THE LOWER SNAKE RIVER DAMS |
14 Golden Gate University Environmental Law Journal 1 (Spring, 2022) |
This article takes an in depth look at the legal landscape applicable to the exercise of executive branch authority in the context of breaching the four dams on the lower Snake River. It demonstrates how executive authority can play an important role when it comes to addressing the climate crisis and biodiversity loss as well as in taking steps... |
2022 |
|
| Author |
Elizabeth Dunne, Esq. |
| Title |
THE US PRESIDENT AND ARMY CORPS' DISCRETION AND AUTHORITY WITH REGARD TO EXECUTIVE ACTION IN FURTHERANCE OF BREACHING THE LOWER SNAKE RIVER DAMS |
| Citation |
14 Golden Gate University Environmental Law Journal 1 (Spring, 2022) |
| Summary |
This article takes an in depth look at the legal landscape applicable to the exercise of executive branch authority in the context of breaching the four dams on the lower Snake River. It demonstrates how executive authority can play an important role when it comes to addressing the climate crisis and biodiversity loss as well as in taking steps... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| William J. Aceves |
THE WATTS GANG TREATY: HIDDEN HISTORY AND THE POWER OF SOCIAL MOVEMENTS |
57 Harvard Civil Rights-Civil Liberties Law Review 115 (Summer, 2022) |
On the eve of the 1992 Los Angeles uprising, a small group of gang leaders and community activists drafted an agreement to curtail violence in south Los Angeles. Several gangs in Watts accepted the truce and established a cease-fire agreement. By most accounts, the 1992 Watts Gang Treaty succeeded in reducing gang violence in Los Angeles. Local... |
2022 |
Yes |
| Author |
William J. Aceves |
| Title |
THE WATTS GANG TREATY: HIDDEN HISTORY AND THE POWER OF SOCIAL MOVEMENTS |
| Citation |
57 Harvard Civil Rights-Civil Liberties Law Review 115 (Summer, 2022) |
| Summary |
On the eve of the 1992 Los Angeles uprising, a small group of gang leaders and community activists drafted an agreement to curtail violence in south Los Angeles. Several gangs in Watts accepted the truce and established a cease-fire agreement. By most accounts, the 1992 Watts Gang Treaty succeeded in reducing gang violence in Los Angeles. Local... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Michael C. Blumm , Susan Jane M. Brown , Chelsea Stewart-Fusek |
THE WORLD'S LARGEST ECOSYSTEM MANAGEMENT PLAN: THE NORTHWEST FOREST PLAN AFTER A QUARTER-CENTURY |
52 Environmental Law 151 (Spring, 2022) |
For decades, the public forests of the Pacific Northwest were subject to widespread clearcutting of their old-growth trees as part of a federal policy promoting industrial logging. That era came to an end in the early 1990s, due to court injunctions enforcing environmental laws like the National Environmental Policy Act and the National Forest... |
2022 |
|
| Author |
Michael C. Blumm , Susan Jane M. Brown , Chelsea Stewart-Fusek |
| Title |
THE WORLD'S LARGEST ECOSYSTEM MANAGEMENT PLAN: THE NORTHWEST FOREST PLAN AFTER A QUARTER-CENTURY |
| Citation |
52 Environmental Law 151 (Spring, 2022) |
| Summary |
For decades, the public forests of the Pacific Northwest were subject to widespread clearcutting of their old-growth trees as part of a federal policy promoting industrial logging. That era came to an end in the early 1990s, due to court injunctions enforcing environmental laws like the National Environmental Policy Act and the National Forest... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Gabe Chess |
THIRD-PARTY BENEFICIARIES OF GOVERNMENT CONTRACTS: IMAGINING AN EQUITABLE APPROACH AND APPLYING IT TO BROKEN PROMISES IN DETROIT |
121 Michigan Law Review 291 (November, 2022) |
Courts have widely adopted a heightened standard for recognizing third-party beneficiaries of government contracts. But the justifications offered for the heightened standard do not withstand scrutiny. Instead, courts should apply a series of equitable factors to produce results consistent with the concern for manifest justice that animates... |
2022 |
|
| Author |
Gabe Chess |
| Title |
THIRD-PARTY BENEFICIARIES OF GOVERNMENT CONTRACTS: IMAGINING AN EQUITABLE APPROACH AND APPLYING IT TO BROKEN PROMISES IN DETROIT |
| Citation |
121 Michigan Law Review 291 (November, 2022) |
| Summary |
Courts have widely adopted a heightened standard for recognizing third-party beneficiaries of government contracts. But the justifications offered for the heightened standard do not withstand scrutiny. Instead, courts should apply a series of equitable factors to produce results consistent with the concern for manifest justice that animates... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Rebecca Bratspies |
THIS GREAT CATASTROPHE: BUNGLING PANDEMICS FROM 1918 TO TODAY |
30 Michigan State International Law Review 189 (2022) |
I had a little bird, Its name was Enza. I opened the window, And in-flu-enza. In examining how badly the United States bungled its COVID-19 pandemic response, it is worth going back to the dire warnings issued two years earlier--on the 100th anniversary of the 1918 flu pandemic. Scientists and policymakers cautioned that the next pandemic would... |
2022 |
|
| Author |
Rebecca Bratspies |
| Title |
THIS GREAT CATASTROPHE: BUNGLING PANDEMICS FROM 1918 TO TODAY |
| Citation |
30 Michigan State International Law Review 189 (2022) |
| Summary |
I had a little bird, Its name was Enza. I opened the window, And in-flu-enza. In examining how badly the United States bungled its COVID-19 pandemic response, it is worth going back to the dire warnings issued two years earlier--on the 100th anniversary of the 1918 flu pandemic. Scientists and policymakers cautioned that the next pandemic would... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Mariana Muñoz |
THIS LAND IS MY LAND, THIS LAND IS YOUR LAND, BUT WHERE IS THE ENVIRONMENTAL JUSTICE? |
23 Vermont Journal of Environmental Law 296 (Spring, 2022) |
Introduction. 296 I. Background. 298 A. A History of Broken Promises. 298 B. The Environmental Justice Movement. 300 C. Native Americans and Tribal Interplay with the Environmental Justice Movement. 301 II. Legal Analysis. 303 A. The Landmark Decision: McGirt v. Oklahoma. 303 B. Indian Nation Post McGirt: Generally. 306 C. Indian Nation Post... |
2022 |
|
| Author |
Mariana Muñoz |
| Title |
THIS LAND IS MY LAND, THIS LAND IS YOUR LAND, BUT WHERE IS THE ENVIRONMENTAL JUSTICE? |
| Citation |
23 Vermont Journal of Environmental Law 296 (Spring, 2022) |
| Summary |
Introduction. 296 I. Background. 298 A. A History of Broken Promises. 298 B. The Environmental Justice Movement. 300 C. Native Americans and Tribal Interplay with the Environmental Justice Movement. 301 II. Legal Analysis. 303 A. The Landmark Decision: McGirt v. Oklahoma. 303 B. Indian Nation Post McGirt: Generally. 306 C. Indian Nation Post... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Madelyn Lehualani McKeague |
TO RAISE THE HEALTH STATUS OF NATIVE HAWAIIANS TO THE HIGHEST POSSIBLE LEVEL: AN EXPANSIVE READING OF THE NATIVE HAWAIIAN HEALTH CARE IMPROVEMENT ACT |
24 Asian-Pacific Law and Policy Journal 120 (Fall, 2022) |
I. Introduction. 121 II. Kuleana: Trust and Responsibility. 123 A. A Brief History of the Colonization of Hawai'i. 124 B. Health Effects of Colonization. 127 C. The Trust Relationship. 129 III. The Native Hawaiian Health Care Improvement Act. 133 A. E Ola Mau. 134 B. The Text of the Act. 137 C. Papa Ola Lkahi. 140 D. E Ola Mau A Mau. 141 IV.... |
2022 |
|
| Author |
Madelyn Lehualani McKeague |
| Title |
TO RAISE THE HEALTH STATUS OF NATIVE HAWAIIANS TO THE HIGHEST POSSIBLE LEVEL: AN EXPANSIVE READING OF THE NATIVE HAWAIIAN HEALTH CARE IMPROVEMENT ACT |
| Citation |
24 Asian-Pacific Law and Policy Journal 120 (Fall, 2022) |
| Summary |
I. Introduction. 121 II. Kuleana: Trust and Responsibility. 123 A. A Brief History of the Colonization of Hawai'i. 124 B. Health Effects of Colonization. 127 C. The Trust Relationship. 129 III. The Native Hawaiian Health Care Improvement Act. 133 A. E Ola Mau. 134 B. The Text of the Act. 137 C. Papa Ola Lkahi. 140 D. E Ola Mau A Mau. 141 IV.... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| John W. Davis |
TOM HORN, CATTLE KATE, AND LAW AND ORDER IN EARLY WYOMING |
45-OCT Wyoming Lawyer 38 (October, 2022) |
In early Wyoming, the territory and then the state suffered from profound problems with law and order. Lawyers and judges, more than any other groups, finally established and enforced rules stopping widespread lawlessness in the Cowboy State. This resort to violence had deep historical predicates. A good place to start is the Fort Laramie Treaty of... |
2022 |
Yes |
| Author |
John W. Davis |
| Title |
TOM HORN, CATTLE KATE, AND LAW AND ORDER IN EARLY WYOMING |
| Citation |
45-OCT Wyoming Lawyer 38 (October, 2022) |
| Summary |
In early Wyoming, the territory and then the state suffered from profound problems with law and order. Lawyers and judges, more than any other groups, finally established and enforced rules stopping widespread lawlessness in the Cowboy State. This resort to violence had deep historical predicates. A good place to start is the Fort Laramie Treaty of... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Aila Hoss |
TOWARD TRIBAL HEALTH SOVEREIGNTY |
2022 Wisconsin Law Review 413 (2022) |
Introduction. 413 I. Tribal Sovereignty and Federal Indian Law. 416 II. Tribal Inherent Public Health Authority. 418 III. Indian Health Systems. 421 IV. Federal Indian Health Reform. 426 A. Health Reform Generally. 427 B. Amend 25 U.S.C. §231. 431 C. Ensure Tribal Public Health Data Access and Governance. 435 D. Reform Tribal Medicaid Policies. 437... |
2022 |
Yes |
| Author |
Aila Hoss |
| Title |
TOWARD TRIBAL HEALTH SOVEREIGNTY |
| Citation |
2022 Wisconsin Law Review 413 (2022) |
| Summary |
Introduction. 413 I. Tribal Sovereignty and Federal Indian Law. 416 II. Tribal Inherent Public Health Authority. 418 III. Indian Health Systems. 421 IV. Federal Indian Health Reform. 426 A. Health Reform Generally. 427 B. Amend 25 U.S.C. §231. 431 C. Ensure Tribal Public Health Data Access and Governance. 435 D. Reform Tribal Medicaid Policies. 437... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Angelique EagleWoman, Wambdi A. Was'teWinyan |
TRAILBLAZING AND LIVING A PURPOSEFUL LIFE IN THE LAW: A DAKOTA WOMAN'S REFLECTIONS AS A LAW PROFESSOR |
51 Southwestern Law Review 227 (2022) |
This Essay is a reflection from my perspective as a Dakota woman law professor on my fifth law school faculty. In the illuminating work of Meera Deo, light is shone on the experience of women of color legal academics. Unequal Profession: Race and Gender in Legal Academia is a book that should be required reading at every law school. As women of... |
2022 |
|
| Author |
Angelique EagleWoman, Wambdi A. Was'teWinyan |
| Title |
TRAILBLAZING AND LIVING A PURPOSEFUL LIFE IN THE LAW: A DAKOTA WOMAN'S REFLECTIONS AS A LAW PROFESSOR |
| Citation |
51 Southwestern Law Review 227 (2022) |
| Summary |
This Essay is a reflection from my perspective as a Dakota woman law professor on my fifth law school faculty. In the illuminating work of Meera Deo, light is shone on the experience of women of color legal academics. Unequal Profession: Race and Gender in Legal Academia is a book that should be required reading at every law school. As women of... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Kirsten D. Gerbatsch |
TREATY-BASED CLIMATE CHANGE CLAIMS: LITIGATION PATHWAYS IN THE FACE OF CULTURAL DEVASTATION |
45 Public Land & Resources Law Review 155 (2022) |
My ancestor . who signed the treaty . accepted the word of the United States--that this treaty would protect not only the Indian way of life for those then living, but also for all generations yet unborn. --Jerry Meninick, Citizen of the Yakama Nation I. Introduction. 156 II. Climate Change: Tribes' Unique Standing Includes Threats, Connections,... |
2022 |
Yes |
| Author |
Kirsten D. Gerbatsch |
| Title |
TREATY-BASED CLIMATE CHANGE CLAIMS: LITIGATION PATHWAYS IN THE FACE OF CULTURAL DEVASTATION |
| Citation |
45 Public Land & Resources Law Review 155 (2022) |
| Summary |
My ancestor . who signed the treaty . accepted the word of the United States--that this treaty would protect not only the Indian way of life for those then living, but also for all generations yet unborn. --Jerry Meninick, Citizen of the Yakama Nation I. Introduction. 156 II. Climate Change: Tribes' Unique Standing Includes Threats, Connections,... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Michael C. Blumm , Lizzy Pennock |
TRIBAL CONSULTATION: TOWARD MEANINGFUL COLLABORATION WITH THE FEDERAL GOVERNMENT |
33 Colorado Environmental Law Journal 1 (Winter, 2022) |
One of the bedrock principles of federal Indian law is a centuries-old understanding that the tribes, as domestic dependent nations, have a government-to-government relationship with the federal government, which has a trust obligation concerning the tribes, their sovereignty, and their cultural resources. Although this relationship was first... |
2022 |
Yes |
| Author |
Michael C. Blumm , Lizzy Pennock |
| Title |
TRIBAL CONSULTATION: TOWARD MEANINGFUL COLLABORATION WITH THE FEDERAL GOVERNMENT |
| Citation |
33 Colorado Environmental Law Journal 1 (Winter, 2022) |
| Summary |
One of the bedrock principles of federal Indian law is a centuries-old understanding that the tribes, as domestic dependent nations, have a government-to-government relationship with the federal government, which has a trust obligation concerning the tribes, their sovereignty, and their cultural resources. Although this relationship was first... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Adam Crepelle |
TRIBAL LAW'S INDIAN LAW PROBLEM: HOW SUPREME COURT JURISPRUDENCE UNDERMINES THE DEVELOPMENT OF TRIBAL LAW AND TRIBAL ECONOMIES |
29 Virginia Journal of Social Policy and the Law 93 (Winter 2022) |
Reservation Indians are the poorest people in the United States; in fact, Indian country is commonly likened to the third world. Houses in Indian country often lack access to water and electricity. Reservation unemployment rates consistently linger at fifty percent. Many believe Indian country is lawless, so significant natural resource endowments... |
2022 |
|
| Author |
Adam Crepelle |
| Title |
TRIBAL LAW'S INDIAN LAW PROBLEM: HOW SUPREME COURT JURISPRUDENCE UNDERMINES THE DEVELOPMENT OF TRIBAL LAW AND TRIBAL ECONOMIES |
| Citation |
29 Virginia Journal of Social Policy and the Law 93 (Winter 2022) |
| Summary |
Reservation Indians are the poorest people in the United States; in fact, Indian country is commonly likened to the third world. Houses in Indian country often lack access to water and electricity. Reservation unemployment rates consistently linger at fifty percent. Many believe Indian country is lawless, so significant natural resource endowments... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
|
TRIBAL SOVEREIGN IMMUNITY: WHAT IS IT, AND WHAT ARE ITS LIMITATIONS? |
47-JUL Montana Lawyer 14 (June/July, 2022) |
This month, Kathryn Seaton (KS), Montana Legal Services Association, and Jessie Big Knife (JBK), Chippewa Cree Tribal Attorney, discuss the ins and outs of tribal sovereign immunity. KS: Before we dive into a discussion on tribal sovereign immunity, let's start with the concept of sovereignty. What is sovereignty? What is its relationship and... |
2022 |
Yes |
| Author |
|
| Title |
TRIBAL SOVEREIGN IMMUNITY: WHAT IS IT, AND WHAT ARE ITS LIMITATIONS? |
| Citation |
47-JUL Montana Lawyer 14 (June/July, 2022) |
| Summary |
This month, Kathryn Seaton (KS), Montana Legal Services Association, and Jessie Big Knife (JBK), Chippewa Cree Tribal Attorney, discuss the ins and outs of tribal sovereign immunity. KS: Before we dive into a discussion on tribal sovereign immunity, let's start with the concept of sovereignty. What is sovereignty? What is its relationship and... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Robert J. Miller |
TRIBAL SOVEREIGNTY AND ECONOMIC EFFICIENCY versus THE COURTS |
97 Washington Law Review 775 (October, 2022) |
Abstract: American Indian reservations are the poorest parts of the United States, and a higher percentage of Indian families across the country live below the poverty line than any other ethnic or racial sector. Indian nations and Indian peoples also suffer from the highest unemployment rates in the country and have the highest substandard housing... |
2022 |
Yes |
| Author |
Robert J. Miller |
| Title |
TRIBAL SOVEREIGNTY AND ECONOMIC EFFICIENCY versus THE COURTS |
| Citation |
97 Washington Law Review 775 (October, 2022) |
| Summary |
Abstract: American Indian reservations are the poorest parts of the United States, and a higher percentage of Indian families across the country live below the poverty line than any other ethnic or racial sector. Indian nations and Indian peoples also suffer from the highest unemployment rates in the country and have the highest substandard housing... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Clare Holtzman |
TRIBAL SOVEREIGNTY AND THE RIGHT TO LIFE |
32 Duke Journal of Comparative & International Law 467 (Spring, 2022) |
On August 26, 2020, the only Native American on federal death row, Lezmond Mitchell was executed by the federal government for the murder of two Navajo citizens on Navajo Nation land. Federal law typically gives Tribal Nations the right to determine whether the death penalty is used against their citizens for crimes committed between Tribal... |
2022 |
Yes |
| Author |
Clare Holtzman |
| Title |
TRIBAL SOVEREIGNTY AND THE RIGHT TO LIFE |
| Citation |
32 Duke Journal of Comparative & International Law 467 (Spring, 2022) |
| Summary |
On August 26, 2020, the only Native American on federal death row, Lezmond Mitchell was executed by the federal government for the murder of two Navajo citizens on Navajo Nation land. Federal law typically gives Tribal Nations the right to determine whether the death penalty is used against their citizens for crimes committed between Tribal... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Ann E. Tweedy |
TRIBES, FIREARM REGULATION, AND THE PUBLIC SQUARE |
55 U.C. Davis Law Review 2625 (June, 2022) |
We stand at a crossroads with the United States Supreme Court seemingly poised, in New York State Rifle & Pistol Association v. Bruen, to expand the right of individualized self-defense first recognized in District of Columbia v. Heller, and shortly thereafter extended to states in McDonald v. City of Chicago. The Court's decision in Heller has... |
2022 |
|
| Author |
Ann E. Tweedy |
| Title |
TRIBES, FIREARM REGULATION, AND THE PUBLIC SQUARE |
| Citation |
55 U.C. Davis Law Review 2625 (June, 2022) |
| Summary |
We stand at a crossroads with the United States Supreme Court seemingly poised, in New York State Rifle & Pistol Association v. Bruen, to expand the right of individualized self-defense first recognized in District of Columbia v. Heller, and shortly thereafter extended to states in McDonald v. City of Chicago. The Court's decision in Heller has... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Kace Rodwell , Michael Colbert Smith , Stephanie Hudson |
TRIBUTES TO STEVE HAGER |
46 American Indian Law Review 337 (2022) |
I first met Steve Hager at Sovereignty Symposium when he was presenting on the Indian Child Welfare Act (ICWA) for the Juvenile Law panel. I was just a 1L law student then, inspired by his passion for advocating for Tribal families and enforcing laws enacted to protect them. I knew then that I wanted to work alongside Steve and would later get that... |
2022 |
Yes |
| Author |
Kace Rodwell , Michael Colbert Smith , Stephanie Hudson |
| Title |
TRIBUTES TO STEVE HAGER |
| Citation |
46 American Indian Law Review 337 (2022) |
| Summary |
I first met Steve Hager at Sovereignty Symposium when he was presenting on the Indian Child Welfare Act (ICWA) for the Juvenile Law panel. I was just a 1L law student then, inspired by his passion for advocating for Tribal families and enforcing laws enacted to protect them. I knew then that I wanted to work alongside Steve and would later get that... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Peter Niesen |
TWO CHEERS FOR LOST SOVEREIGNTY REFERENDUMS: CAMPAIGNS FOR INDEPENDENCE AND THE POUVOIR CONSTITUANT MIXTE |
23 German Law Journal 44 (February, 2022) |
(Received 08 May 2021; accepted 23 August 2021) In this article, I bring together three recent ideas from political theory and constitutional law. The first is the notion developed by Jürgen Habermas and Markus Patberg of a pouvoir constituant mixte. Complex polities such as supra-state federations should be understood as constitutional entities... |
2022 |
Yes |
| Author |
Peter Niesen |
| Title |
TWO CHEERS FOR LOST SOVEREIGNTY REFERENDUMS: CAMPAIGNS FOR INDEPENDENCE AND THE POUVOIR CONSTITUANT MIXTE |
| Citation |
23 German Law Journal 44 (February, 2022) |
| Summary |
(Received 08 May 2021; accepted 23 August 2021) In this article, I bring together three recent ideas from political theory and constitutional law. The first is the notion developed by Jürgen Habermas and Markus Patberg of a pouvoir constituant mixte. Complex polities such as supra-state federations should be understood as constitutional entities... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Robert A. Mikos |
UNAUTHORIZED AND UNWISE: THE LAWFUL USE REQUIREMENT IN TRADEMARK LAW |
75 Vanderbilt Law Review 161 (January, 2022) |
For decades, the United States Patent and Trademark Office (PTO) has required trademark owners to comply with sundry nontrademark laws governing the sale of their trademarked goods and services. Pursuant to this lawful use requirement, the Agency has refused or even cancelled registration of thousands of marks used on everything from Schedule I... |
2022 |
|
| Author |
Robert A. Mikos |
| Title |
UNAUTHORIZED AND UNWISE: THE LAWFUL USE REQUIREMENT IN TRADEMARK LAW |
| Citation |
75 Vanderbilt Law Review 161 (January, 2022) |
| Summary |
For decades, the United States Patent and Trademark Office (PTO) has required trademark owners to comply with sundry nontrademark laws governing the sale of their trademarked goods and services. Pursuant to this lawful use requirement, the Agency has refused or even cancelled registration of thousands of marks used on everything from Schedule I... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Matthew L.M. Fletcher |
UNCOMFORTABLE TRUTHS ABOUT SOVEREIGNTY AND WEALTH |
27 Roger Williams University Law Review 288 (Spring, 2022) |
In 2007 my brother, Zeke Fletcher, represented the Grand Traverse Band of Ottawa and Chippewa Indians (GTB). He observed a public meeting in Whitewater Township, Grand Traverse County, Michigan. The meeting was concerned with the Department of the Interior's planned acquisition of lands in trust for GTB's benefit in an area where the tribe already... |
2022 |
Yes |
| Author |
Matthew L.M. Fletcher |
| Title |
UNCOMFORTABLE TRUTHS ABOUT SOVEREIGNTY AND WEALTH |
| Citation |
27 Roger Williams University Law Review 288 (Spring, 2022) |
| Summary |
In 2007 my brother, Zeke Fletcher, represented the Grand Traverse Band of Ottawa and Chippewa Indians (GTB). He observed a public meeting in Whitewater Township, Grand Traverse County, Michigan. The meeting was concerned with the Department of the Interior's planned acquisition of lands in trust for GTB's benefit in an area where the tribe already... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|