| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Kevin M. Biglin |
USING THE PUBLIC TRUST DOCTRINE TO SHUT DOWN ENBRIDGE LINE 5 |
23 Rutgers Race & the Law Review 327 (2022) |
The Great Lakes constitute one of the world's largest fresh water supplies. Millions of people rely on the lakes for drinking water and over 800,000 jobs. Millions more seek out vacations along the shores of the Great Lakes. Particularly popular are the Straits of Mackinac, known for their history, natural landscape, and biodiversity. However,... |
2022 |
|
| Author |
Kevin M. Biglin |
| Title |
USING THE PUBLIC TRUST DOCTRINE TO SHUT DOWN ENBRIDGE LINE 5 |
| Citation |
23 Rutgers Race & the Law Review 327 (2022) |
| Summary |
The Great Lakes constitute one of the world's largest fresh water supplies. Millions of people rely on the lakes for drinking water and over 800,000 jobs. Millions more seek out vacations along the shores of the Great Lakes. Particularly popular are the Straits of Mackinac, known for their history, natural landscape, and biodiversity. However,... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Katherine Florey |
WAITING FOR THE SMOKE TO CLEAR: THE COMPLICATED BEGINNINGS AND PROMISING FUTURE OF TRIBAL CANNABIS |
67 South Dakota Law Review 443 (2022) |
When the Obama administration first extended its hands-off marijuana policy to tribes as well as states, much of Indian Country celebrated, believing that federal tolerance would be an immediate boon for tribes. The reality of tribal cannabis has been rockier. Tribes' initial ventures into cannabis were clouded by state opposition, federal raids,... |
2022 |
|
| Author |
Katherine Florey |
| Title |
WAITING FOR THE SMOKE TO CLEAR: THE COMPLICATED BEGINNINGS AND PROMISING FUTURE OF TRIBAL CANNABIS |
| Citation |
67 South Dakota Law Review 443 (2022) |
| Summary |
When the Obama administration first extended its hands-off marijuana policy to tribes as well as states, much of Indian Country celebrated, believing that federal tolerance would be an immediate boon for tribes. The reality of tribal cannabis has been rockier. Tribes' initial ventures into cannabis were clouded by state opposition, federal raids,... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Richard A. Monette |
WATER LAW IN NATIVE NATION TERRITORIES |
95-OCT Wisconsin Lawyer 10 (October, 2022) |
Maintaining access to sufficient clean water sometimes requires resort to the legal system. Determining rights to water on Indian land is a special exercise in choice of laws, jurisdiction, and balance of competing policies and cultures. Indian water rights law is complex, meandering through federal Indian law and several relatively distinct but... |
2022 |
|
| Author |
Richard A. Monette |
| Title |
WATER LAW IN NATIVE NATION TERRITORIES |
| Citation |
95-OCT Wisconsin Lawyer 10 (October, 2022) |
| Summary |
Maintaining access to sufficient clean water sometimes requires resort to the legal system. Determining rights to water on Indian land is a special exercise in choice of laws, jurisdiction, and balance of competing policies and cultures. Indian water rights law is complex, meandering through federal Indian law and several relatively distinct but... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| David P. Stewart , Diana A. A. Reisman |
WHO THINKS TREATIES ARE LIKE CONTRACTS? NOT JOHN MARSHALL |
37 American University International Law Review 945 (2022) |
I. INTRODUCTION. 946 II. WHY TREATIES ARE NOT LIKE CONTRACTS TODAY. 950 A. Differences in Nature and Purpose. 951 B. Substantive Rules and Principles. 958 i. Competence, Formation, and Validity. 959 ii. Third Parties. 962 iii. Non-Performance or Breach. 963 C. Rules and Methods of Interpretation. 970 i. Basic Rule. 973 ii. Negotiating History vs.... |
2022 |
Yes |
| Author |
David P. Stewart , Diana A. A. Reisman |
| Title |
WHO THINKS TREATIES ARE LIKE CONTRACTS? NOT JOHN MARSHALL |
| Citation |
37 American University International Law Review 945 (2022) |
| Summary |
I. INTRODUCTION. 946 II. WHY TREATIES ARE NOT LIKE CONTRACTS TODAY. 950 A. Differences in Nature and Purpose. 951 B. Substantive Rules and Principles. 958 i. Competence, Formation, and Validity. 959 ii. Third Parties. 962 iii. Non-Performance or Breach. 963 C. Rules and Methods of Interpretation. 970 i. Basic Rule. 973 ii. Negotiating History vs.... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Lorenzo E. Gudino |
WHO, WHAT, WHERE, AND HOW: THE FUNDAMENTAL ELEMENTS FOR CONTRACTS IMPLICATING TRIBAL SOVEREIGN IMMUNITY |
2022 Wisconsin Law Review 239 (2022) |
Introduction. 239 I. Tribal Sovereign Immunity's Doctrinal Underpinnings in the Commercial Context. 243 II. Waiver Jurisprudence. 247 III. Model Elements of Tribal Sovereign Immunity Contract Provisions. 250 A. Who Is Immune?. 251 B. What Is the Tribe Waiving or Not Waiving?. 255 C. Where Will Dispute Resolution Occur?. 257 D. How Will Enforcement... |
2022 |
Yes |
| Author |
Lorenzo E. Gudino |
| Title |
WHO, WHAT, WHERE, AND HOW: THE FUNDAMENTAL ELEMENTS FOR CONTRACTS IMPLICATING TRIBAL SOVEREIGN IMMUNITY |
| Citation |
2022 Wisconsin Law Review 239 (2022) |
| Summary |
Introduction. 239 I. Tribal Sovereign Immunity's Doctrinal Underpinnings in the Commercial Context. 243 II. Waiver Jurisprudence. 247 III. Model Elements of Tribal Sovereign Immunity Contract Provisions. 250 A. Who Is Immune?. 251 B. What Is the Tribe Waiving or Not Waiving?. 255 C. Where Will Dispute Resolution Occur?. 257 D. How Will Enforcement... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Joshua J. Schroeder |
WHY COST/BENEFIT BALANCING TESTS DON'T EXIST: HOW TO DISPEL A DELUSION THAT DELAYS JUSTICE FOR IMMIGRANTS |
125 West Virginia Law Review 183 (Fall, 2022) |
In 2022, the U.S. Supreme Court nullified its earlier presumption that indefinite immigrant detention without bond hearings is unconstitutional under Zadvydas v. Davis. If Zadvydas is a nullity, those who raise due process balancing tests during the post-removal-period in immigrant habeas review may need to find new grounds for review. However,... |
2022 |
|
| Author |
Joshua J. Schroeder |
| Title |
WHY COST/BENEFIT BALANCING TESTS DON'T EXIST: HOW TO DISPEL A DELUSION THAT DELAYS JUSTICE FOR IMMIGRANTS |
| Citation |
125 West Virginia Law Review 183 (Fall, 2022) |
| Summary |
In 2022, the U.S. Supreme Court nullified its earlier presumption that indefinite immigrant detention without bond hearings is unconstitutional under Zadvydas v. Davis. If Zadvydas is a nullity, those who raise due process balancing tests during the post-removal-period in immigrant habeas review may need to find new grounds for review. However,... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Mengyun Ma |
WORKFORCE EQUALITY: THE CONSTITUTIONAL CONCEPTION OF EDUCATIONAL EQUALITY IN MAO-ERA CHINA |
17 University of Pennsylvania Asian Law Review 283 (2022) |
Introduction. 283 I. The Goal of Industrialization in the Constitutional Vision. 292 II. Conceiving Workforce Equality: Empowering Workers Through Education. 298 A. Popularizing Education for the Masses. 301 B. Combining Education with Industrial Production. 311 III. Whither Equality: Bridging the Gap Between Education and Employment. 319... |
2022 |
Yes |
| Author |
Mengyun Ma |
| Title |
WORKFORCE EQUALITY: THE CONSTITUTIONAL CONCEPTION OF EDUCATIONAL EQUALITY IN MAO-ERA CHINA |
| Citation |
17 University of Pennsylvania Asian Law Review 283 (2022) |
| Summary |
Introduction. 283 I. The Goal of Industrialization in the Constitutional Vision. 292 II. Conceiving Workforce Equality: Empowering Workers Through Education. 298 A. Popularizing Education for the Masses. 301 B. Combining Education with Industrial Production. 311 III. Whither Equality: Bridging the Gap Between Education and Employment. 319... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Roopa Bala Singh |
YOGA AS PROPERTY: A CENTURY OF UNITED STATES YOGA COPYRIGHTS, 1937-2021 |
99 Denver Law Review 725 (Summer, 2022) |
Public debate on yoga as property fixates on whether yoga should be owned, asking if yoga can be Indian property. Framed as such, the public discourse obscures a century-long, ravenous arc of yoga ownership in the United States, accumulated by whiteness, beginning in the early twentieth century. What do the stories of yoga in American law tell us... |
2022 |
|
| Author |
Roopa Bala Singh |
| Title |
YOGA AS PROPERTY: A CENTURY OF UNITED STATES YOGA COPYRIGHTS, 1937-2021 |
| Citation |
99 Denver Law Review 725 (Summer, 2022) |
| Summary |
Public debate on yoga as property fixates on whether yoga should be owned, asking if yoga can be Indian property. Framed as such, the public discourse obscures a century-long, ravenous arc of yoga ownership in the United States, accumulated by whiteness, beginning in the early twentieth century. What do the stories of yoga in American law tell us... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Hannah Duncan |
YOUTH ALWAYS MATTERS: REPLACING EIGHTH AMENDMENT PSEUDOSCIENCE WITH AN AGE-BASED BAN ON JUVENILE LIFE WITHOUT PAROLE |
131 Yale Law Journal 1936 (April, 2022) |
The Supreme Court has placed restrictions on courts' ability to impose life-with-out-parole sentences on juveniles. Most recently, Jones v. Mississippi underscored how existing Eighth Amendment protections fail to extend categorical protection to all juveniles. Tracing the history of intrachildhood classifications, this Note argues that Jones's... |
2022 |
|
| Author |
Hannah Duncan |
| Title |
YOUTH ALWAYS MATTERS: REPLACING EIGHTH AMENDMENT PSEUDOSCIENCE WITH AN AGE-BASED BAN ON JUVENILE LIFE WITHOUT PAROLE |
| Citation |
131 Yale Law Journal 1936 (April, 2022) |
| Summary |
The Supreme Court has placed restrictions on courts' ability to impose life-with-out-parole sentences on juveniles. Most recently, Jones v. Mississippi underscored how existing Eighth Amendment protections fail to extend categorical protection to all juveniles. Tracing the history of intrachildhood classifications, this Note argues that Jones's... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
|
YSLETA DEL SUR AND ALABAMA AND COUSHATTA INDIAN TRIBES OF TEXAS RESTORATION ACT--FEDERAL INDIAN LAW--STATUTORY INTERPRETATION--YSLETA DEL SUR PUEBLO v. TEXAS |
136 Harvard Law Review 490 (November, 2022) |
It is hornbook law that standard principles of statutory interpretation do not have their usual force in cases involving Indian law. The Indian canons of construction counsel liberal interpretation of statutes and treaties in favor of Native nations. But no matter what the hornbooks say, the Supreme Court relies on the canons only sporadically... |
2022 |
Yes |
| Author |
|
| Title |
YSLETA DEL SUR AND ALABAMA AND COUSHATTA INDIAN TRIBES OF TEXAS RESTORATION ACT--FEDERAL INDIAN LAW--STATUTORY INTERPRETATION--YSLETA DEL SUR PUEBLO v. TEXAS |
| Citation |
136 Harvard Law Review 490 (November, 2022) |
| Summary |
It is hornbook law that standard principles of statutory interpretation do not have their usual force in cases involving Indian law. The Indian canons of construction counsel liberal interpretation of statutes and treaties in favor of Native nations. But no matter what the hornbooks say, the Supreme Court relies on the canons only sporadically... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Richard Spradlin |
ZONING, NATURAL RESOURCES, AND RECLAMATION: OPPORTUNITIES FOR ENVIRONMENTAL JUSTICE IN A FLOWERING INDUSTRY |
23 Vermont Journal of Environmental Law 374 (Summer, 2022) |
Introduction. 375 I. Racialized Criminalization and Attempted Restoration. 377 A. Criminalization. 377 B. Legalization. 379 1. Canna-colonialism. 379 II. Relationship Between the Environment and Cannabis Cultivation/Production. 383 III. EJ and Cannabis: Considerations and Opportunities. 389 A. Zoning, Licensing, and Community Rebuilding. 390 B.... |
2022 |
|
| Author |
Richard Spradlin |
| Title |
ZONING, NATURAL RESOURCES, AND RECLAMATION: OPPORTUNITIES FOR ENVIRONMENTAL JUSTICE IN A FLOWERING INDUSTRY |
| Citation |
23 Vermont Journal of Environmental Law 374 (Summer, 2022) |
| Summary |
Introduction. 375 I. Racialized Criminalization and Attempted Restoration. 377 A. Criminalization. 377 B. Legalization. 379 1. Canna-colonialism. 379 II. Relationship Between the Environment and Cannabis Cultivation/Production. 383 III. EJ and Cannabis: Considerations and Opportunities. 389 A. Zoning, Licensing, and Community Rebuilding. 390 B.... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Amanda Frost |
"BY ACCIDENT OF BIRTH": THE BATTLE OVER BIRTHRIGHT CITIZENSHIP AFTER UNITED STATES v. WONG KIM ARK |
32 Yale Journal of Law & the Humanities 38 (Summer, 2021) |
In theory, birthright citizenship has been well established in U.S. law since 1898, when the Supreme Court held in United States v. Wong Kim Ark that all born on U.S. soil are U.S. citizens. The experience of immigrants and their families over the last 120 years tells a different story, however. This article draws on government records documenting... |
2021 |
Yes |
| Author |
Amanda Frost |
| Title |
"BY ACCIDENT OF BIRTH": THE BATTLE OVER BIRTHRIGHT CITIZENSHIP AFTER UNITED STATES v. WONG KIM ARK |
| Citation |
32 Yale Journal of Law & the Humanities 38 (Summer, 2021) |
| Summary |
In theory, birthright citizenship has been well established in U.S. law since 1898, when the Supreme Court held in United States v. Wong Kim Ark that all born on U.S. soil are U.S. citizens. The experience of immigrants and their families over the last 120 years tells a different story, however. This article draws on government records documenting... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Heather D. Schafroth |
"CUI BONO FUISSET": COORDINATING U.S. TAX STATUES WITH U.S. TAX TREATIES |
40 Virginia Tax Review 371 (Winter, 2021) |
When attempting to resolve a potential conflict between a U.S. tax statute and a U.S. tax treaty provision, how much should it matter whether the statue was enacted before or after the ratification of the treaty? Examining the history of the later-in-time rule and related principles used in coordinating treaties and statutes suggests that the... |
2021 |
Yes |
| Author |
Heather D. Schafroth |
| Title |
"CUI BONO FUISSET": COORDINATING U.S. TAX STATUES WITH U.S. TAX TREATIES |
| Citation |
40 Virginia Tax Review 371 (Winter, 2021) |
| Summary |
When attempting to resolve a potential conflict between a U.S. tax statute and a U.S. tax treaty provision, how much should it matter whether the statue was enacted before or after the ratification of the treaty? Examining the history of the later-in-time rule and related principles used in coordinating treaties and statutes suggests that the... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Neil Fulton |
"IT IS NOT NECESSARY FOR EAGLES TO BE CROWS.": WINTER COUNTS. DAVID HESKA WANBLI WEIDEN. ECCO, 2020. 325 PP. (ISBN 9780062968944) |
66 South Dakota Law Review 200 (2021) |
In his novel Winter Counts author David Heska Wanbli Weiden takes readers to the heart of modern life in Indian Country. Set on the Rosebud Indian Reservation in south central South Dakota, home of the Sicangu Lakota people, his novel is a compelling crime thriller. But it does more than tell an exciting tale. Through the lives of its characters,... |
2021 |
|
| Author |
Neil Fulton |
| Title |
"IT IS NOT NECESSARY FOR EAGLES TO BE CROWS.": WINTER COUNTS. DAVID HESKA WANBLI WEIDEN. ECCO, 2020. 325 PP. (ISBN 9780062968944) |
| Citation |
66 South Dakota Law Review 200 (2021) |
| Summary |
In his novel Winter Counts author David Heska Wanbli Weiden takes readers to the heart of modern life in Indian Country. Set on the Rosebud Indian Reservation in south central South Dakota, home of the Sicangu Lakota people, his novel is a compelling crime thriller. But it does more than tell an exciting tale. Through the lives of its characters,... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Allison McKenzie |
"RIGHTS OF NATURE: THE EVOLUTION OF PERSONHOOD RIGHTS" |
9 Joule: Duquesne Energy & Environmental Law Journal 1 (Spring, 2021) |
Recently, there has been a growing movement to grant rights to certain aspects of nature among indigenous tribes and their supporting advocates in the United States as well as other places throughout the world. These rights are specifically called Rights of Nature, and are essentially a tool being used to grant legal standing to various aspects... |
2021 |
|
| Author |
Allison McKenzie |
| Title |
"RIGHTS OF NATURE: THE EVOLUTION OF PERSONHOOD RIGHTS" |
| Citation |
9 Joule: Duquesne Energy & Environmental Law Journal 1 (Spring, 2021) |
| Summary |
Recently, there has been a growing movement to grant rights to certain aspects of nature among indigenous tribes and their supporting advocates in the United States as well as other places throughout the world. These rights are specifically called Rights of Nature, and are essentially a tool being used to grant legal standing to various aspects... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Monica Krup |
"RIOT BOOSTING": SOUTH DAKOTA'S INTEGRATION OF ENVIRONMENTAL, INDIGENOUS, AND FIRST AMENDMENT CONCERNS AND THE RHETORIC ON PROTEST |
22 Rutgers Race & the Law Review 293 (2021) |
In early 2019, the South Dakota legislature passed an urgent law that punishes and criminalizes those who participate in riots throughout the state. The law was a clear infringement on First Amendment Freedom of Speech and Freedom of Association rights and was executed as a direct response to the Standing Rock protests occurring in North Dakota... |
2021 |
|
| Author |
Monica Krup |
| Title |
"RIOT BOOSTING": SOUTH DAKOTA'S INTEGRATION OF ENVIRONMENTAL, INDIGENOUS, AND FIRST AMENDMENT CONCERNS AND THE RHETORIC ON PROTEST |
| Citation |
22 Rutgers Race & the Law Review 293 (2021) |
| Summary |
In early 2019, the South Dakota legislature passed an urgent law that punishes and criminalizes those who participate in riots throughout the state. The law was a clear infringement on First Amendment Freedom of Speech and Freedom of Association rights and was executed as a direct response to the Standing Rock protests occurring in North Dakota... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| George Dylan Boan |
"SAY THE MAGIC WORDS": HOW SOVEREIGN IMMUNITY ABSOLVES THE FEDERAL GOVERNMENT FROM ITS OBLIGATIONS UNDER THE FAIR CREDIT REPORTING ACT |
99 North Carolina Law Review 1617 (September, 2021) |
In the many decades following World War II, America has become a country run on credit. Hardly a day passes in which the average citizen has not been offered a new credit card, loan, or opportunity to refinance their existing debt. Underpinning it all is a vast credit ecosystem processing incredible amounts of data. When Congress passed the Fair... |
2021 |
Yes |
| Author |
George Dylan Boan |
| Title |
"SAY THE MAGIC WORDS": HOW SOVEREIGN IMMUNITY ABSOLVES THE FEDERAL GOVERNMENT FROM ITS OBLIGATIONS UNDER THE FAIR CREDIT REPORTING ACT |
| Citation |
99 North Carolina Law Review 1617 (September, 2021) |
| Summary |
In the many decades following World War II, America has become a country run on credit. Hardly a day passes in which the average citizen has not been offered a new credit card, loan, or opportunity to refinance their existing debt. Underpinning it all is a vast credit ecosystem processing incredible amounts of data. When Congress passed the Fair... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Lucas S. Stegman |
"TAKE"-ING A NEW APPROACH TO THE LACEY ACT: HOW THE COMMERCE CLAUSE ENABLES THE LACEY ACT TO PROHIBIT TAKE OF PROTECTED SPECIES |
51 Texas Environmental Law Journal 325 (Summer, 2021) |
I. Introduction. 326 II. The Problem of Wildlife Trafficking. 328 A. The Wildlife Trade: United States as Destination. 330 B. The Wildlife Trade: United States as Source. 332 C. United States' Laws Regulating the Wildlife Trade. 333 III. The Lacey Act. 334 A. History of the Lacey Act. 334 B. Terms and Structure of the Lacey Act. 336 C. Lacey Act... |
2021 |
|
| Author |
Lucas S. Stegman |
| Title |
"TAKE"-ING A NEW APPROACH TO THE LACEY ACT: HOW THE COMMERCE CLAUSE ENABLES THE LACEY ACT TO PROHIBIT TAKE OF PROTECTED SPECIES |
| Citation |
51 Texas Environmental Law Journal 325 (Summer, 2021) |
| Summary |
I. Introduction. 326 II. The Problem of Wildlife Trafficking. 328 A. The Wildlife Trade: United States as Destination. 330 B. The Wildlife Trade: United States as Source. 332 C. United States' Laws Regulating the Wildlife Trade. 333 III. The Lacey Act. 334 A. History of the Lacey Act. 334 B. Terms and Structure of the Lacey Act. 336 C. Lacey Act... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Kayla Molina |
"THE DESERT IS OUR HOME" |
45 American Indian Law Review 125 (2021) |
The U.S.--Mexico border divides the Tohono O'odham Nation in southern Arizona. The Nation governs and provides services for its members on both sides of the countries' borders. It is the second-largest [tribal nation] in the U.S., by land holdings--sit[ting] on an estimated 2.7 million acres in southern Arizona's Sonoran Desert. According to the... |
2021 |
|
| Author |
Kayla Molina |
| Title |
"THE DESERT IS OUR HOME" |
| Citation |
45 American Indian Law Review 125 (2021) |
| Summary |
The U.S.--Mexico border divides the Tohono O'odham Nation in southern Arizona. The Nation governs and provides services for its members on both sides of the countries' borders. It is the second-largest [tribal nation] in the U.S., by land holdings--sit[ting] on an estimated 2.7 million acres in southern Arizona's Sonoran Desert. According to the... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Edward C. Beach, Jr. |
"THE GOOD OF EACH OF THE PARTS": A COLLECTIVE ACTION UNDERSTANDING OF THE TREATY CLAUSE |
16 Duke Journal of Constitutional Law & Public Policy 279 (Spring, 2021) |
Article II, Section 2 of the Constitution gives the President the power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur. The Supremacy Clause gives treaties--like federal statutes--the status of supreme law in the constitutional system. But the process for concluding treaties... |
2021 |
Yes |
| Author |
Edward C. Beach, Jr. |
| Title |
"THE GOOD OF EACH OF THE PARTS": A COLLECTIVE ACTION UNDERSTANDING OF THE TREATY CLAUSE |
| Citation |
16 Duke Journal of Constitutional Law & Public Policy 279 (Spring, 2021) |
| Summary |
Article II, Section 2 of the Constitution gives the President the power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur. The Supremacy Clause gives treaties--like federal statutes--the status of supreme law in the constitutional system. But the process for concluding treaties... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Joseph Palandrani |
"THE RULE OF THE STRONG, NOT THE RULE OF LAW": REEXAMINING IMPLICIT DIVESTITURE AFTER MCGIRT v. OKLAHOMA |
89 Fordham Law Review 2375 (April, 2021) |
In McGirt v. Oklahoma, the U.S. Supreme Court found that the boundaries of the Muscogee (Creek) Nation, which were set in 1866 and which encompass a large swath of present-day Oklahoma, remain intact. Although non-Indigenous people had settled on the land in droves by the early twentieth century, the Court held that the land remains Indian... |
2021 |
|
| Author |
Joseph Palandrani |
| Title |
"THE RULE OF THE STRONG, NOT THE RULE OF LAW": REEXAMINING IMPLICIT DIVESTITURE AFTER MCGIRT v. OKLAHOMA |
| Citation |
89 Fordham Law Review 2375 (April, 2021) |
| Summary |
In McGirt v. Oklahoma, the U.S. Supreme Court found that the boundaries of the Muscogee (Creek) Nation, which were set in 1866 and which encompass a large swath of present-day Oklahoma, remain intact. Although non-Indigenous people had settled on the land in droves by the early twentieth century, the Court held that the land remains Indian... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Maci Burke |
A CALL TO CONGRESS: A CONSTITUTIONAL INDIAN CHILD WELFARE ACT IS NOT A FLAWLESS INDIAN CHILD WELFARE ACT |
39 Minnesota Journal of Law & Inequality 191 (Winter, 2021) |
In 1978, Congress enacted the Indian Child Welfare Act (ICWA), to regulate the removal and placement of Indian children in foster care, the termination of parental rights, preadoptive placement, and adoptive placement. The ICWA was enacted to address rising concerns over abusive child welfare practices that resulted in the separation of large... |
2021 |
|
| Author |
Maci Burke |
| Title |
A CALL TO CONGRESS: A CONSTITUTIONAL INDIAN CHILD WELFARE ACT IS NOT A FLAWLESS INDIAN CHILD WELFARE ACT |
| Citation |
39 Minnesota Journal of Law & Inequality 191 (Winter, 2021) |
| Summary |
In 1978, Congress enacted the Indian Child Welfare Act (ICWA), to regulate the removal and placement of Indian children in foster care, the termination of parental rights, preadoptive placement, and adoptive placement. The ICWA was enacted to address rising concerns over abusive child welfare practices that resulted in the separation of large... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Julie Combs |
A COHERENT ETHIC OF LAWYERING IN POST-MCGIRT OKLAHOMA |
56 Tulsa Law Review 501 (Spring, 2021) |
I. Introduction. 501 II. Federal Indian Law at the High Court. 503 III. Competent and Diligent Representation of Autochthonous Populations. 505 A. Ethical Representation When Indigenous Activism Is on Trial. 506 B. The Search for a Lawyer of Established Competence in the Field. 508 IV. The Organizational Hierarchy and Group Constituents:... |
2021 |
|
| Author |
Julie Combs |
| Title |
A COHERENT ETHIC OF LAWYERING IN POST-MCGIRT OKLAHOMA |
| Citation |
56 Tulsa Law Review 501 (Spring, 2021) |
| Summary |
I. Introduction. 501 II. Federal Indian Law at the High Court. 503 III. Competent and Diligent Representation of Autochthonous Populations. 505 A. Ethical Representation When Indigenous Activism Is on Trial. 506 B. The Search for a Lawyer of Established Competence in the Field. 508 IV. The Organizational Hierarchy and Group Constituents:... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Assaf Likhovski |
A COLONIAL LEGAL LABORATORY? JURISPRUDENTIAL INNOVATION IN BRITISH INDIA |
69 American Journal of Comparative Law 44 (Spring, 2021) |
In this Article, I examine jurisprudence textbooks and related works written in British India in the late nineteenth and early twentieth centuries. Some of the jurisprudential works from India were not merely summaries of the leading English books, but were different from English works in three senses. First, the gap between English theories and... |
2021 |
|
| Author |
Assaf Likhovski |
| Title |
A COLONIAL LEGAL LABORATORY? JURISPRUDENTIAL INNOVATION IN BRITISH INDIA |
| Citation |
69 American Journal of Comparative Law 44 (Spring, 2021) |
| Summary |
In this Article, I examine jurisprudence textbooks and related works written in British India in the late nineteenth and early twentieth centuries. Some of the jurisprudential works from India were not merely summaries of the leading English books, but were different from English works in three senses. First, the gap between English theories and... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Dylan R. Hedden-Nicely , Stacy L. Leeds |
A FAMILIAR CROSSROADS: MCGIRT v. OKLAHOMA AND THE FUTURE OF THE FEDERAL INDIAN LAW CANON |
51 New Mexico Law Review 300 (Summer, 2021) |
Federal Indian law forms part of the bedrock of American jurisprudence. Indeed, critical parts of the pre-civil war constitutional canon were defined in Federal Indian law cases that simultaneously provided legal justification for American westward expansion onto unceded Indian lands. As a result, Federal Indian law makes up an inextricable part of... |
2021 |
|
| Author |
Dylan R. Hedden-Nicely , Stacy L. Leeds |
| Title |
A FAMILIAR CROSSROADS: MCGIRT v. OKLAHOMA AND THE FUTURE OF THE FEDERAL INDIAN LAW CANON |
| Citation |
51 New Mexico Law Review 300 (Summer, 2021) |
| Summary |
Federal Indian law forms part of the bedrock of American jurisprudence. Indeed, critical parts of the pre-civil war constitutional canon were defined in Federal Indian law cases that simultaneously provided legal justification for American westward expansion onto unceded Indian lands. As a result, Federal Indian law makes up an inextricable part of... |
| Year |
2021 |
| Key Terms in Title or Summary |
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| Noelia Gravotta |
A GREAT NATION KEEPING ITS WORD: THE ROLE OF TRIBAL TREATY RIGHTS IN CLIMATE CHANGE LITIGATION |
29 New York University Environmental Law Journal 118 (2021) |
Introduction. 118 I. Trends in Climate Litigation. 122 A. Obstacles to Climate Change Litigation. 124 B. The Potential of Indian Law to Surmount These Litigation Obstacles. 129 II. Indian Treaty Rights. 133 A. Background on Indian Treaties and Resource Rights. 133 B. The Impact of Climate Change on Treaty Resource Rights. 140 III. Suits Against... |
2021 |
Yes |
| Author |
Noelia Gravotta |
| Title |
A GREAT NATION KEEPING ITS WORD: THE ROLE OF TRIBAL TREATY RIGHTS IN CLIMATE CHANGE LITIGATION |
| Citation |
29 New York University Environmental Law Journal 118 (2021) |
| Summary |
Introduction. 118 I. Trends in Climate Litigation. 122 A. Obstacles to Climate Change Litigation. 124 B. The Potential of Indian Law to Surmount These Litigation Obstacles. 129 II. Indian Treaty Rights. 133 A. Background on Indian Treaties and Resource Rights. 133 B. The Impact of Climate Change on Treaty Resource Rights. 140 III. Suits Against... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Paul Stanton Kibel |
A HUMAN FACE TO INSTREAM FLOW: INDIGENOUS RIGHTS TO WATER FOR SALMON AND FISHERIES |
35 Emory International Law Review 377 (2021) |
In the United States and throughout the world, there are many indigenous peoples whose culture and identity are closely connected to salmon and fisheries. Such salmon and fisheries are often dependent on maintaining adequate instream flows of water in rivers. Indigenous groups in the United States and in other countries have increasingly relied on... |
2021 |
|
| Author |
Paul Stanton Kibel |
| Title |
A HUMAN FACE TO INSTREAM FLOW: INDIGENOUS RIGHTS TO WATER FOR SALMON AND FISHERIES |
| Citation |
35 Emory International Law Review 377 (2021) |
| Summary |
In the United States and throughout the world, there are many indigenous peoples whose culture and identity are closely connected to salmon and fisheries. Such salmon and fisheries are often dependent on maintaining adequate instream flows of water in rivers. Indigenous groups in the United States and in other countries have increasingly relied on... |
| Year |
2021 |
| Key Terms in Title or Summary |
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| William K. Meheula III, Esq. |
A LITIGATOR'S APPROACH TO ISSUES CONCERNING EXERCISE AND PROTECTION OF NATIVE HAWAIIAN TRADITIONAL AND CUSTOMARY RIGHTS |
43 University of Hawaii Law Review 592 (Summer, 2021) |
This comment focuses on considerations litigators in Chapter 91 administrative and judicial proceedings must be prepared to analyze when pursuing or defending a claim involving impacts to Native Hawaiian traditional and customary rights and the natural and cultural resources that support these practices. The exercise and protection of Native... |
2021 |
|
| Author |
William K. Meheula III, Esq. |
| Title |
A LITIGATOR'S APPROACH TO ISSUES CONCERNING EXERCISE AND PROTECTION OF NATIVE HAWAIIAN TRADITIONAL AND CUSTOMARY RIGHTS |
| Citation |
43 University of Hawaii Law Review 592 (Summer, 2021) |
| Summary |
This comment focuses on considerations litigators in Chapter 91 administrative and judicial proceedings must be prepared to analyze when pursuing or defending a claim involving impacts to Native Hawaiian traditional and customary rights and the natural and cultural resources that support these practices. The exercise and protection of Native... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Sara L. Ochs |
A NATIONAL TRUTH COMMISSION FOR NATIVE AMERICANS |
36 Wisconsin Journal of Law, Gender & Society 1 (Spring, 2021) |
Native Americans have endured centuries of genocide. What began as a systemic attempt by European colonialists to decimate the indigenous population subsequently evolved into more subtle, devastating acts intended to destroy indigenous culture. Today, Native Americans remain the subject of ongoing discrimination and human rights abuses, especially... |
2021 |
|
| Author |
Sara L. Ochs |
| Title |
A NATIONAL TRUTH COMMISSION FOR NATIVE AMERICANS |
| Citation |
36 Wisconsin Journal of Law, Gender & Society 1 (Spring, 2021) |
| Summary |
Native Americans have endured centuries of genocide. What began as a systemic attempt by European colonialists to decimate the indigenous population subsequently evolved into more subtle, devastating acts intended to destroy indigenous culture. Today, Native Americans remain the subject of ongoing discrimination and human rights abuses, especially... |
| Year |
2021 |
| Key Terms in Title or Summary |
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|
| Christina D. Ponsa-Kraus |
A PERFECTLY EMPTY GIFT |
119 Michigan Law Review 1223 (April, 2021) |
Almost Citizens: Puerto Rico, the U.S. Constitution, and Empire. By Sam Erman. Cambridge: Cambridge University Press. 2019. Pp. xv, 275. Cloth, $49.99; paper, $29.99. Almost citizens. What does that even mean? It's like being kind of pregnant, isn't it? In other words, nonsense. Citizenship isn't an almost kind of thing. It's all or nothing.... |
2021 |
|
| Author |
Christina D. Ponsa-Kraus |
| Title |
A PERFECTLY EMPTY GIFT |
| Citation |
119 Michigan Law Review 1223 (April, 2021) |
| Summary |
Almost Citizens: Puerto Rico, the U.S. Constitution, and Empire. By Sam Erman. Cambridge: Cambridge University Press. 2019. Pp. xv, 275. Cloth, $49.99; paper, $29.99. Almost citizens. What does that even mean? It's like being kind of pregnant, isn't it? In other words, nonsense. Citizenship isn't an almost kind of thing. It's all or nothing.... |
| Year |
2021 |
| Key Terms in Title or Summary |
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