| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
|
CHAPTER 9 NEW ZEALAND |
98 IUS Gentium 429 (2022) |
Abstract This chapter begins with a brief overview of the historical background, leading into the current social context and a consideration of the social movements and issues that generate dissent and shape the context for conscientious objection. It then identifies and examines the relevant principles, doctrines and definitions including... |
2022 |
|
| Author |
|
| Title |
CHAPTER 9 NEW ZEALAND |
| Citation |
98 IUS Gentium 429 (2022) |
| Summary |
Abstract This chapter begins with a brief overview of the historical background, leading into the current social context and a consideration of the social movements and issues that generate dissent and shape the context for conscientious objection. It then identifies and examines the relevant principles, doctrines and definitions including... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
|
CHAPTER TWO INDIGENOUS INTERPRETATIONS: INVOKING THE THIRD INDIAN CANON TO COMBAT CLIMATE CHANGE |
135 Harvard Law Review 1568 (April, 2022) |
As long as the rivers run, as long as the tide flows, and as long as the sun shines, you will have land, fish and game for your frying pans, and timber for your lodges, Washington Territorial Governor Isaac Stevens reassured the signatories of the 1855 Treaty of Point Elliott. The Duwamish, Suquamish, Snoqualmie, Snohomish, Lummi, Nooksack,... |
2022 |
Yes |
| Author |
|
| Title |
CHAPTER TWO INDIGENOUS INTERPRETATIONS: INVOKING THE THIRD INDIAN CANON TO COMBAT CLIMATE CHANGE |
| Citation |
135 Harvard Law Review 1568 (April, 2022) |
| Summary |
As long as the rivers run, as long as the tide flows, and as long as the sun shines, you will have land, fish and game for your frying pans, and timber for your lodges, Washington Territorial Governor Isaac Stevens reassured the signatories of the 1855 Treaty of Point Elliott. The Duwamish, Suquamish, Snoqualmie, Snohomish, Lummi, Nooksack,... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Leon Trakman |
CHINA'S BELT AND ROAD: WHERE TO NOW? |
55 International Lawyer 505 (2022) |
China has nurtured its international treaty program to enable it to grow into the most important trade and investment pathway globally. It now faces serious financial, political, and legal obstacles in progressing that pathway. The most significant obstacles are financial roadblocks (attenuated by COVID-19) that are destabilizing its legacy as the... |
2022 |
Yes |
| Author |
Leon Trakman |
| Title |
CHINA'S BELT AND ROAD: WHERE TO NOW? |
| Citation |
55 International Lawyer 505 (2022) |
| Summary |
China has nurtured its international treaty program to enable it to grow into the most important trade and investment pathway globally. It now faces serious financial, political, and legal obstacles in progressing that pathway. The most significant obstacles are financial roadblocks (attenuated by COVID-19) that are destabilizing its legacy as the... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Kristina M. Campbell |
CITIZENSHIP, RACE, AND STATEHOOD |
74 Rutgers University Law Review 583 (Winter, 2022) |
This Article will discuss the interplay between citizenship, race, and ratification of statehood in the United States, both historically and prospectively. Part II will discuss the development and history of the Insular Cases and the creation of the Territorial Incorporation Doctrine (TID), focusing on the Territory of Puerto Rico and how the... |
2022 |
|
| Author |
Kristina M. Campbell |
| Title |
CITIZENSHIP, RACE, AND STATEHOOD |
| Citation |
74 Rutgers University Law Review 583 (Winter, 2022) |
| Summary |
This Article will discuss the interplay between citizenship, race, and ratification of statehood in the United States, both historically and prospectively. Part II will discuss the development and history of the Insular Cases and the creation of the Territorial Incorporation Doctrine (TID), focusing on the Territory of Puerto Rico and how the... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Cass R. Sunstein |
CLIMATE CHANGE COSMOPOLITANISM |
39 Yale Journal on Regulation 1012 (Spring, 2022) |
Do foreign lives matter? When? How much? If one nation damages another, what are its obligations, as a matter of law and policy? These questions can be approached and understood in diverse ways, but they are concretized in debates over the social cost of carbon, which is sometimes described as the linchpin of national climate policy. The social... |
2022 |
|
| Author |
Cass R. Sunstein |
| Title |
CLIMATE CHANGE COSMOPOLITANISM |
| Citation |
39 Yale Journal on Regulation 1012 (Spring, 2022) |
| Summary |
Do foreign lives matter? When? How much? If one nation damages another, what are its obligations, as a matter of law and policy? These questions can be approached and understood in diverse ways, but they are concretized in debates over the social cost of carbon, which is sometimes described as the linchpin of national climate policy. The social... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Cinnamon P. Carlarne |
CLIMATE COURAGE: REMAKING ENVIRONMENTAL LAW |
41 Stanford Environmental Law Journal 125 (May, 2022) |
I. Introduction. 126 II. The Making of Environmental Law. 133 A. How It Began: Environmental Law's Ecological Roots. 135 B. How It Is Going: A Field Detached. 140 III. Examining the Roots of Environmental Law. 142 A. International Environmental Leadership. 143 B. Environmental Justice. 147 C. Climate Justice. 152 D. Environmental Rights. 156 IV.... |
2022 |
|
| Author |
Cinnamon P. Carlarne |
| Title |
CLIMATE COURAGE: REMAKING ENVIRONMENTAL LAW |
| Citation |
41 Stanford Environmental Law Journal 125 (May, 2022) |
| Summary |
I. Introduction. 126 II. The Making of Environmental Law. 133 A. How It Began: Environmental Law's Ecological Roots. 135 B. How It Is Going: A Field Detached. 140 III. Examining the Roots of Environmental Law. 142 A. International Environmental Leadership. 143 B. Environmental Justice. 147 C. Climate Justice. 152 D. Environmental Rights. 156 IV.... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Matthew Azim-Kramer |
COLONIAL MARKS: COMPARING THE LEGAL TREATMENT OF TATTOOING IN NEW ZEALAND AND JAPAN |
30 Michigan State International Law Review 1 (2022) |
The world has no end, and what is good among one people is an abomination with others. -Chinua Achebe, Things Fall Apart People around the world practice the art of applying permanent ink to their bodies. Although this practice goes by different names and uses various means of application, the marks are visually similar. These marks, known as... |
2022 |
Yes |
| Author |
Matthew Azim-Kramer |
| Title |
COLONIAL MARKS: COMPARING THE LEGAL TREATMENT OF TATTOOING IN NEW ZEALAND AND JAPAN |
| Citation |
30 Michigan State International Law Review 1 (2022) |
| Summary |
The world has no end, and what is good among one people is an abomination with others. -Chinua Achebe, Things Fall Apart People around the world practice the art of applying permanent ink to their bodies. Although this practice goes by different names and uses various means of application, the marks are visually similar. These marks, known as... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Sydney Groll |
COMMUNITIES AS CARETAKERS: THE INDIAN CHILD WELFARE ACT AS AN ANTIRACIST FRAMEWORK FOR ALL CHILD WELFARE CASES |
19 Rutgers Journal of Law & Public Policy 279 (Spring, 2022) |
Americans have long been trained to see the deficiencies of people rather than policy. It's a pretty easy mistake to make: People are in our faces. Policies are distant. We are particularly poor at seeing the policies lurking behind the struggles of people. --Ibram X. Kendi The child welfare system is racist. As with all systems in the United... |
2022 |
|
| Author |
Sydney Groll |
| Title |
COMMUNITIES AS CARETAKERS: THE INDIAN CHILD WELFARE ACT AS AN ANTIRACIST FRAMEWORK FOR ALL CHILD WELFARE CASES |
| Citation |
19 Rutgers Journal of Law & Public Policy 279 (Spring, 2022) |
| Summary |
Americans have long been trained to see the deficiencies of people rather than policy. It's a pretty easy mistake to make: People are in our faces. Policies are distant. We are particularly poor at seeing the policies lurking behind the struggles of people. --Ibram X. Kendi The child welfare system is racist. As with all systems in the United... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Jarrod Shobe |
CONGRESSIONAL RULES OF INTERPRETATION |
63 William and Mary Law Review 1997 (May, 2022) |
Many scholars argue that Congress should adopt federal rules of statutory interpretation to guide judicial interpretation. This Article uses a novel dataset to show that Congress has long used enacted rules of interpretation and has increasingly done so in recent decades. However, it has chosen to do so on a statute-by-statute basis in a way that... |
2022 |
|
| Author |
Jarrod Shobe |
| Title |
CONGRESSIONAL RULES OF INTERPRETATION |
| Citation |
63 William and Mary Law Review 1997 (May, 2022) |
| Summary |
Many scholars argue that Congress should adopt federal rules of statutory interpretation to guide judicial interpretation. This Article uses a novel dataset to show that Congress has long used enacted rules of interpretation and has increasingly done so in recent decades. However, it has chosen to do so on a statute-by-statute basis in a way that... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Grant Christensen |
CONSENTING TO CRIMINAL JURISDICTION IN TRIBAL COURT |
37-FALL Criminal Justice 34 (Fall, 2022) |
Consent is rarely discussed in the context of criminal jurisdiction. Unlike civil jurisdiction, where parties may consent to the personal jurisdiction of the courts of a state or the venue of a federal district court, in the criminal context, a state is assumed to have authority over crimes committed within its borders. Rather than criminally try a... |
2022 |
|
| Author |
Grant Christensen |
| Title |
CONSENTING TO CRIMINAL JURISDICTION IN TRIBAL COURT |
| Citation |
37-FALL Criminal Justice 34 (Fall, 2022) |
| Summary |
Consent is rarely discussed in the context of criminal jurisdiction. Unlike civil jurisdiction, where parties may consent to the personal jurisdiction of the courts of a state or the venue of a federal district court, in the criminal context, a state is assumed to have authority over crimes committed within its borders. Rather than criminally try a... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Brayden Jack Parker |
'CORNERSTONE UPON WHICH REST ALL OTHERS': UTILIZING CANONS OF STATUTORY INTERPRETATION TO CONFIRM AN ENFORCEABLE TRUST DUTY FOR NATIVE AMERICAN HEALTH CARE |
90 George Washington Law Review 237 (February, 2022) |
In 1976, the federal government passed the Indian Health Care Improvement Act (IHCIA) in furtherance of its special trust responsibility owed to Native Americans. Through the IHCIA, Congress created the Indian Health Service, which provides health care to five million members of federally recognized tribes. In recent years, however, the Indian... |
2022 |
|
| Author |
Brayden Jack Parker |
| Title |
'CORNERSTONE UPON WHICH REST ALL OTHERS': UTILIZING CANONS OF STATUTORY INTERPRETATION TO CONFIRM AN ENFORCEABLE TRUST DUTY FOR NATIVE AMERICAN HEALTH CARE |
| Citation |
90 George Washington Law Review 237 (February, 2022) |
| Summary |
In 1976, the federal government passed the Indian Health Care Improvement Act (IHCIA) in furtherance of its special trust responsibility owed to Native Americans. Through the IHCIA, Congress created the Indian Health Service, which provides health care to five million members of federally recognized tribes. In recent years, however, the Indian... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Judith Dworkin |
COURTS HAVE MUCH TO RESOLVE IN DETERMINING INDIAN WATER RIGHTS |
36-WTR Natural Resources & Environment 39 (Winter, 2022) |
A sustainable water supply is critical for viable communities. In the western United States, this has meant the development of water law regimes to support the area's growing population. These regimes set objectives for obtaining and controlling limited water and diverting, storing, and delivering this vital resource. The federal government,... |
2022 |
|
| Author |
Judith Dworkin |
| Title |
COURTS HAVE MUCH TO RESOLVE IN DETERMINING INDIAN WATER RIGHTS |
| Citation |
36-WTR Natural Resources & Environment 39 (Winter, 2022) |
| Summary |
A sustainable water supply is critical for viable communities. In the western United States, this has meant the development of water law regimes to support the area's growing population. These regimes set objectives for obtaining and controlling limited water and diverting, storing, and delivering this vital resource. The federal government,... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Lia Maria Fulgaro |
DEATH BY APATHY: TOLERANCE OF THE GOVERNMENT'S FAILURE TO FUND PROMISED HEALTHCARE CAUSES LOSS OF NATIVE AMERICAN LIVES |
20 Seattle Journal for Social Justice 583 (Winter, 2022) |
In 2015, Indian Health Services (IHS), the federal agency responsible for providing Native Americans with promised healthcare, closed Rosebud Hospital Emergency Department in South Dakota due to lack of compliance with basic safety and sanitation guidelines. In response, the local Rosebud Sioux Tribe sued IHS in an effort to keep the emergency... |
2022 |
|
| Author |
Lia Maria Fulgaro |
| Title |
DEATH BY APATHY: TOLERANCE OF THE GOVERNMENT'S FAILURE TO FUND PROMISED HEALTHCARE CAUSES LOSS OF NATIVE AMERICAN LIVES |
| Citation |
20 Seattle Journal for Social Justice 583 (Winter, 2022) |
| Summary |
In 2015, Indian Health Services (IHS), the federal agency responsible for providing Native Americans with promised healthcare, closed Rosebud Hospital Emergency Department in South Dakota due to lack of compliance with basic safety and sanitation guidelines. In response, the local Rosebud Sioux Tribe sued IHS in an effort to keep the emergency... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
|
DENEZPI v. UNITED STATES (NO. 20-7622) |
69-JUN Federal Lawyer 41 (May/June, 2022) |
This case asks the Supreme Court to decide whether prosecution of the same conduct, first in a Court of Indian Offenses (CFR court), a federally-constituted Article I trial court with jurisdiction over cases arising on Indian reservations, and then in a federal court, is permissible under the dual sovereignty exception to the Double Jeopardy Clause... |
2022 |
Yes |
| Author |
|
| Title |
DENEZPI v. UNITED STATES (NO. 20-7622) |
| Citation |
69-JUN Federal Lawyer 41 (May/June, 2022) |
| Summary |
This case asks the Supreme Court to decide whether prosecution of the same conduct, first in a Court of Indian Offenses (CFR court), a federally-constituted Article I trial court with jurisdiction over cases arising on Indian reservations, and then in a federal court, is permissible under the dual sovereignty exception to the Double Jeopardy Clause... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Charlsee P. Abernathy |
DERELICTION OF DUTY TO JUSTICE: THE DISAPPOINTING DECISION TO SEPARATE GENOCIDE FROM PROPERTY RIGHTS VIOLATIONS IN F.R.G. v. PHILIPP |
44 North Carolina Central Law Review 127 (2022) |
Under the expropriations exception to the Foreign Sovereign Immunities Act, plaintiffs may sue a foreign nation defendant within U.S. courts for claims in which rights in property taken in violation of international law are in issue. Since the exception's inception, there has remained a degree of ambiguity around the types of property takings... |
2022 |
Yes |
| Author |
Charlsee P. Abernathy |
| Title |
DERELICTION OF DUTY TO JUSTICE: THE DISAPPOINTING DECISION TO SEPARATE GENOCIDE FROM PROPERTY RIGHTS VIOLATIONS IN F.R.G. v. PHILIPP |
| Citation |
44 North Carolina Central Law Review 127 (2022) |
| Summary |
Under the expropriations exception to the Foreign Sovereign Immunities Act, plaintiffs may sue a foreign nation defendant within U.S. courts for claims in which rights in property taken in violation of international law are in issue. Since the exception's inception, there has remained a degree of ambiguity around the types of property takings... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| W. Gregory Guedel , Philip H. Viles, Jr. |
DIGITAL ECONOMIC ZONES: A PROGRAM FOR COMPREHENSIVE TRIBAL ECONOMIC SOVEREIGNTY |
57 Tulsa Law Review 591 (Spring, 2022) |
I. Introduction. 592 II. Continuing Challenges for Native American Economic Development. 592 III. A New Paradigm for Indigenous Political Economy:. 594 Comprehensive Economic Sovereignty. 594 IV. The Digital Economic Zone. 595 V. Utilizing Digital Currency and Blockchain Technology. 600 VI. The Tribal Public Bank. 603 VII. The Tribal Banking and... |
2022 |
Yes |
| Author |
W. Gregory Guedel , Philip H. Viles, Jr. |
| Title |
DIGITAL ECONOMIC ZONES: A PROGRAM FOR COMPREHENSIVE TRIBAL ECONOMIC SOVEREIGNTY |
| Citation |
57 Tulsa Law Review 591 (Spring, 2022) |
| Summary |
I. Introduction. 592 II. Continuing Challenges for Native American Economic Development. 592 III. A New Paradigm for Indigenous Political Economy:. 594 Comprehensive Economic Sovereignty. 594 IV. The Digital Economic Zone. 595 V. Utilizing Digital Currency and Blockchain Technology. 600 VI. The Tribal Public Bank. 603 VII. The Tribal Banking and... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Warigia M. Bowman |
DIKOS NITSAA'IGII-19 ("THE BIG COUGH"): COAL, COVID-19, AND THE NAVAJO NATION |
73 Hastings Law Journal 975 (May, 2022) |
Our Nation was born in genocide when it embraced the doctrine that the original American, the Indian, was an inferior race. Even before there were large numbers of Negroes on our shores, the scar of racial hatred had already disfigured colonial society. From the sixteenth century forward, blood flowed in battles over racial supremacy. Moreover, we... |
2022 |
|
| Author |
Warigia M. Bowman |
| Title |
DIKOS NITSAA'IGII-19 ("THE BIG COUGH"): COAL, COVID-19, AND THE NAVAJO NATION |
| Citation |
73 Hastings Law Journal 975 (May, 2022) |
| Summary |
Our Nation was born in genocide when it embraced the doctrine that the original American, the Indian, was an inferior race. Even before there were large numbers of Negroes on our shores, the scar of racial hatred had already disfigured colonial society. From the sixteenth century forward, blood flowed in battles over racial supremacy. Moreover, we... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Sherally Munshi |
DISPOSSESSION: AN AMERICAN PROPERTY LAW TRADITION |
110 Georgetown Law Journal 1021 (May, 2022) |
Universities and law schools have begun to purge the symbols of conquest and slavery from their crests and campuses, but they have yet to come to terms with their role in reproducing the material and ideological conditions of settler colonialism and racial capitalism. This Article considers the role the property law tradition has played in shaping... |
2022 |
|
| Author |
Sherally Munshi |
| Title |
DISPOSSESSION: AN AMERICAN PROPERTY LAW TRADITION |
| Citation |
110 Georgetown Law Journal 1021 (May, 2022) |
| Summary |
Universities and law schools have begun to purge the symbols of conquest and slavery from their crests and campuses, but they have yet to come to terms with their role in reproducing the material and ideological conditions of settler colonialism and racial capitalism. This Article considers the role the property law tradition has played in shaping... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Anna C. Scartz |
DO YOU NEED LEGS TO STAND? WILD RICE STANDS IN TRIAL AND AN EXAMINATION OF THE USE OF LEGAL PERSONHOOD TO PROTECT THE RIGHTS OF NATURE IN COURT |
51 Georgia Journal of International and Comparative Law 245 (2022) |
C1-2Table of Contents I. Introduction. 246 II. Rights of Nature. 247 A. What is Legal Personhood?. 247 B. What are the Rights of Nature?. 248 III. Around the World. 249 A. Generally. 249 B. Case Studies and Examples. 250 i. New Zealand. 250 ii. Ecuador. 251 IV. In the United States. 252 A. Current Methods... |
2022 |
|
| Author |
Anna C. Scartz |
| Title |
DO YOU NEED LEGS TO STAND? WILD RICE STANDS IN TRIAL AND AN EXAMINATION OF THE USE OF LEGAL PERSONHOOD TO PROTECT THE RIGHTS OF NATURE IN COURT |
| Citation |
51 Georgia Journal of International and Comparative Law 245 (2022) |
| Summary |
C1-2Table of Contents I. Introduction. 246 II. Rights of Nature. 247 A. What is Legal Personhood?. 247 B. What are the Rights of Nature?. 248 III. Around the World. 249 A. Generally. 249 B. Case Studies and Examples. 250 i. New Zealand. 250 ii. Ecuador. 251 IV. In the United States. 252 A. Current Methods... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Gabriel J. Chin |
DRED SCOTT AND ASIAN AMERICANS |
24 University of Pennsylvania Journal of Constitutional Law 633 (June, 2022) |
Chief Justice Taney's 1857 opinion in Dred Scott v. Sandford is justly infamous for its holdings that African Americans could never be citizens, that Congress was powerless to prohibit slavery in the territories, and for its proclamation that persons of African ancestry had no rights which the white man was bound to respect. For all of the... |
2022 |
|
| Author |
Gabriel J. Chin |
| Title |
DRED SCOTT AND ASIAN AMERICANS |
| Citation |
24 University of Pennsylvania Journal of Constitutional Law 633 (June, 2022) |
| Summary |
Chief Justice Taney's 1857 opinion in Dred Scott v. Sandford is justly infamous for its holdings that African Americans could never be citizens, that Congress was powerless to prohibit slavery in the territories, and for its proclamation that persons of African ancestry had no rights which the white man was bound to respect. For all of the... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Dominic A. Azzopardi |
DUAL TAXATION IN INDIAN COUNTRY: THE STRUGGLE TO CORRECT COTTON PETROLEUM |
67 Wayne Law Review 311 (Winter, 2022) |
ABSTRACT. 311 I. Introduction. 312 II. The Indian Commerce Clause, Preemption, and the Williams v. Lee Balancing Test. 313 A. The History of the Indian Commerce Clause. 314 B. The Construction of Federal Preemption and Williams v. Lee. 316 1. The History and Application of Williams v. Lee. 316 2. The Unique Use of Preemption in Federal Indian Law.... |
2022 |
|
| Author |
Dominic A. Azzopardi |
| Title |
DUAL TAXATION IN INDIAN COUNTRY: THE STRUGGLE TO CORRECT COTTON PETROLEUM |
| Citation |
67 Wayne Law Review 311 (Winter, 2022) |
| Summary |
ABSTRACT. 311 I. Introduction. 312 II. The Indian Commerce Clause, Preemption, and the Williams v. Lee Balancing Test. 313 A. The History of the Indian Commerce Clause. 314 B. The Construction of Federal Preemption and Williams v. Lee. 316 1. The History and Application of Williams v. Lee. 316 2. The Unique Use of Preemption in Federal Indian Law.... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Michael-Corey Francis Hinton, Erick John Giles |
ELI-TPITAHATOMEK TPASKUWAKONOL WAPONAHKIK (HOW WE, NATIVE PEOPLE, REFLECT ON THE LAW IN THE DAWNLAND) |
74 Maine Law Review 209 (2022) |
Introduction I. Roots of Federal Indian Law A. Evolution of the Law of Nations (a.k.a. the Doctrine of Discovery) B. Establishment of a Spanish-Christian Hierarchy in the New World C. English Application of the Doctrine of Discovery in North America D. The Marshall Trilogy 1. Johnson v. M'Intosh 2. Cherokee Nation v. Georgia 3. Worcester v. Georgia... |
2022 |
|
| Author |
Michael-Corey Francis Hinton, Erick John Giles |
| Title |
ELI-TPITAHATOMEK TPASKUWAKONOL WAPONAHKIK (HOW WE, NATIVE PEOPLE, REFLECT ON THE LAW IN THE DAWNLAND) |
| Citation |
74 Maine Law Review 209 (2022) |
| Summary |
Introduction I. Roots of Federal Indian Law A. Evolution of the Law of Nations (a.k.a. the Doctrine of Discovery) B. Establishment of a Spanish-Christian Hierarchy in the New World C. English Application of the Doctrine of Discovery in North America D. The Marshall Trilogy 1. Johnson v. M'Intosh 2. Cherokee Nation v. Georgia 3. Worcester v. Georgia... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Jill M. Fraley |
EMINENT DOMAIN AND UNFETTERED DISCRETION: LESSONS FROM A HISTORY OF U.S. TERRITORIAL TAKINGS |
126 Penn State Law Review 609 (Spring, 2022) |
Eminent domain is a minimal constitutional protection for private property and one that is subject to far more discretion than previously recognized by scholars. This Article traces a novel legal history of land takings within the U.S. Territories, focusing on some of the most egregious and controversial incidents and problematic patterns... |
2022 |
|
| Author |
Jill M. Fraley |
| Title |
EMINENT DOMAIN AND UNFETTERED DISCRETION: LESSONS FROM A HISTORY OF U.S. TERRITORIAL TAKINGS |
| Citation |
126 Penn State Law Review 609 (Spring, 2022) |
| Summary |
Eminent domain is a minimal constitutional protection for private property and one that is subject to far more discretion than previously recognized by scholars. This Article traces a novel legal history of land takings within the U.S. Territories, focusing on some of the most egregious and controversial incidents and problematic patterns... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Seth Davis |
EMPIRE IN EQUITY |
97 Notre Dame Law Review 1985 (May, 2022) |
This Essay tells a story of how a contest for empire contributed to the law of justiciability in the U.S. federal courts. It begins in the eighteenth century in the Carnatic, a region in East India, winds its way through the territory of the Cherokee Nation in the nineteenth century, and eventually touches on the State of Tennessee in the... |
2022 |
|
| Author |
Seth Davis |
| Title |
EMPIRE IN EQUITY |
| Citation |
97 Notre Dame Law Review 1985 (May, 2022) |
| Summary |
This Essay tells a story of how a contest for empire contributed to the law of justiciability in the U.S. federal courts. It begins in the eighteenth century in the Carnatic, a region in East India, winds its way through the territory of the Cherokee Nation in the nineteenth century, and eventually touches on the State of Tennessee in the... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Manda N. McElrath |
EMPTY GRAVES AND FULL MUSEUMS: THE NEED TO INCLUDE NON-FEDERALLY RECOGNIZED TRIBES IN NAGPRA CLAIMS |
55 U.C. Davis Law Review 2463 (April, 2022) |
C1-3Table of Contents L1-2Introduction . L32465 I. NAGPRA and the Federal Recognition Process. 2467 A. The NAGPRA Process: What and Who Does It Apply To?. 2469 B. What Is Federal Recognition?. 2472 II. Contradictions Within the NAGPRA Statutory Language. 2473 A. Indian Versus Native: The Confusion of Semantics. 2474 B. Bonnichsen v. United States.... |
2022 |
|
| Author |
Manda N. McElrath |
| Title |
EMPTY GRAVES AND FULL MUSEUMS: THE NEED TO INCLUDE NON-FEDERALLY RECOGNIZED TRIBES IN NAGPRA CLAIMS |
| Citation |
55 U.C. Davis Law Review 2463 (April, 2022) |
| Summary |
C1-3Table of Contents L1-2Introduction . L32465 I. NAGPRA and the Federal Recognition Process. 2467 A. The NAGPRA Process: What and Who Does It Apply To?. 2469 B. What Is Federal Recognition?. 2472 II. Contradictions Within the NAGPRA Statutory Language. 2473 A. Indian Versus Native: The Confusion of Semantics. 2474 B. Bonnichsen v. United States.... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Laura Cahier |
ENVIRONMENTAL JUSTICE IN THE UNITED NATIONS HUMAN RIGHTS SYSTEM: CHALLENGES AND OPPORTUNITIES FOR THE PROTECTION OF INDIGENOUS WOMEN'S RIGHTS AGAINST ENVIRONMENTAL VIOLENCE |
13 George Washington Journal of Energy & Environmental Law 37 (2022) |
Throughout the world, Indigenous women have denounced the disproportionate effects of environmental destruction, natural resource extraction, land exploitation, or intensive agriculture on every aspect of their lives and integrity, especially when these activities are conducted within or close to the lands and territories that Indigenous peoples... |
2022 |
|
| Author |
Laura Cahier |
| Title |
ENVIRONMENTAL JUSTICE IN THE UNITED NATIONS HUMAN RIGHTS SYSTEM: CHALLENGES AND OPPORTUNITIES FOR THE PROTECTION OF INDIGENOUS WOMEN'S RIGHTS AGAINST ENVIRONMENTAL VIOLENCE |
| Citation |
13 George Washington Journal of Energy & Environmental Law 37 (2022) |
| Summary |
Throughout the world, Indigenous women have denounced the disproportionate effects of environmental destruction, natural resource extraction, land exploitation, or intensive agriculture on every aspect of their lives and integrity, especially when these activities are conducted within or close to the lands and territories that Indigenous peoples... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Dirk Hanschel , Mario G. Aguilera Bravo , Bayar Dashpurev , Abduletif Kedir Idris |
ENVIRONMENTAL RIGHTS BETWEEN CONSTITUTIONAL LAW AND LOCAL CONTEXT: REFLECTIONS ON A MOVING TARGET |
23 German Law Journal 1012 (September, 2022) |
(Received 31 August 2022; accepted 31 August 2022) Environmental rights such as the right to a sound environment and rights of nature, while playing an increasingly important role in global environmental governance and protection, frequently do not correspond to articulations of fundamental experiences of injustice by communities particularly... |
2022 |
|
| Author |
Dirk Hanschel , Mario G. Aguilera Bravo , Bayar Dashpurev , Abduletif Kedir Idris |
| Title |
ENVIRONMENTAL RIGHTS BETWEEN CONSTITUTIONAL LAW AND LOCAL CONTEXT: REFLECTIONS ON A MOVING TARGET |
| Citation |
23 German Law Journal 1012 (September, 2022) |
| Summary |
(Received 31 August 2022; accepted 31 August 2022) Environmental rights such as the right to a sound environment and rights of nature, while playing an increasingly important role in global environmental governance and protection, frequently do not correspond to articulations of fundamental experiences of injustice by communities particularly... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Ann Laquer Estin |
EQUAL PROTECTION AND THE INDIAN CHILD WELFARE ACT: STATES, TRIBAL NATIONS, AND FAMILY LAW |
35 Journal of the American Academy of Matrimonial Lawyers 201 (2022) |
The complex legal relationship between states, the United States, and Native nations can produce serious confusion in family law. Our system of federal Indian law, developed over several centuries, recognizes tribal sovereignty and defines the scope of state power with respect to federally-recognized Indian lands and communities. For the most part,... |
2022 |
Yes |
| Author |
Ann Laquer Estin |
| Title |
EQUAL PROTECTION AND THE INDIAN CHILD WELFARE ACT: STATES, TRIBAL NATIONS, AND FAMILY LAW |
| Citation |
35 Journal of the American Academy of Matrimonial Lawyers 201 (2022) |
| Summary |
The complex legal relationship between states, the United States, and Native nations can produce serious confusion in family law. Our system of federal Indian law, developed over several centuries, recognizes tribal sovereignty and defines the scope of state power with respect to federally-recognized Indian lands and communities. For the most part,... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Maria Antonia Tigre |
EXPLORING THE BEDROCK FOR EARTH JURISPRUDENCE |
22 Rutgers Journal of Law & Religion 223 (2021-2022) |
This article calls for a reassessment of our core beliefs on how we relate to the environment through a deep dive into the philosophical foundations of environmental protection. With this purpose, it shows how Earth-centered discourses have existed in human societies and civilizations for millennia. Different religious and philosophical... |
2022 |
|
| Author |
Maria Antonia Tigre |
| Title |
EXPLORING THE BEDROCK FOR EARTH JURISPRUDENCE |
| Citation |
22 Rutgers Journal of Law & Religion 223 (2021-2022) |
| Summary |
This article calls for a reassessment of our core beliefs on how we relate to the environment through a deep dive into the philosophical foundations of environmental protection. With this purpose, it shows how Earth-centered discourses have existed in human societies and civilizations for millennia. Different religious and philosophical... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Kevin K. Washburn |
FACILITATING TRIBAL CO-MANAGEMENT OF FEDERAL PUBLIC LANDS |
2022 Wisconsin Law Review 263 (2022) |
Each year Native American tribal nations enter hundreds of federal contracts worth billions of dollars to run federal Indian programs. By substituting tribal governments for federal agencies, these self-determination contracts have been enormously successful in improving the effective delivery of federal programs on Indian reservations. Tribal... |
2022 |
|
| Author |
Kevin K. Washburn |
| Title |
FACILITATING TRIBAL CO-MANAGEMENT OF FEDERAL PUBLIC LANDS |
| Citation |
2022 Wisconsin Law Review 263 (2022) |
| Summary |
Each year Native American tribal nations enter hundreds of federal contracts worth billions of dollars to run federal Indian programs. By substituting tribal governments for federal agencies, these self-determination contracts have been enormously successful in improving the effective delivery of federal programs on Indian reservations. Tribal... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|