| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| James M. Grijalva |
ENDING THE INTERMINABLE GAP IN INDIAN COUNTRY WATER QUALITY PROTECTION |
45 Harvard Environmental Law Review 1 (2021) |
Tribal self-determination in modern environmental law holds the tantalizing prospect of translating indigenous environmental value judgments into legally enforceable requirements of federal regulatory programs. Congress authorized this approach three decades ago, but few tribes have sought primacy even for foundational programs like Clean Water Act... |
2021 |
|
| Author |
James M. Grijalva |
| Title |
ENDING THE INTERMINABLE GAP IN INDIAN COUNTRY WATER QUALITY PROTECTION |
| Citation |
45 Harvard Environmental Law Review 1 (2021) |
| Summary |
Tribal self-determination in modern environmental law holds the tantalizing prospect of translating indigenous environmental value judgments into legally enforceable requirements of federal regulatory programs. Congress authorized this approach three decades ago, but few tribes have sought primacy even for foundational programs like Clean Water Act... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Nicholas J. Fordice, Hannah T. Nguyen, Julie Metkus, Dylan C. McDevitt, David Tannenbaum, Tate Curington, Elizabeth McCready |
ENVIRONMENTAL CRIMES |
58 American Criminal Law Review 821 (Summer, 2021) |
I. Introduction. 823 A. Criminal Versus Civil Penalties. 824 B. Criminal Enforcement. 826 C. Interaction with Other Criminal Violations. 827 II. General Issues. 827 A. Overview of the Elements of an Environmental Criminal Violation. 827 B. Liability. 828 1. Individual Liability. 828 2. Corporate Liability. 830 C. Common Defenses. 831 1.... |
2021 |
|
| Author |
Nicholas J. Fordice, Hannah T. Nguyen, Julie Metkus, Dylan C. McDevitt, David Tannenbaum, Tate Curington, Elizabeth McCready |
| Title |
ENVIRONMENTAL CRIMES |
| Citation |
58 American Criminal Law Review 821 (Summer, 2021) |
| Summary |
I. Introduction. 823 A. Criminal Versus Civil Penalties. 824 B. Criminal Enforcement. 826 C. Interaction with Other Criminal Violations. 827 II. General Issues. 827 A. Overview of the Elements of an Environmental Criminal Violation. 827 B. Liability. 828 1. Individual Liability. 828 2. Corporate Liability. 830 C. Common Defenses. 831 1.... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Andie J. Sweeden |
ENVIRONMENTAL RACISM IN INDIAN COUNTRY: AN ANALYSIS OF ITS IMPACTS ON THE ENVIRONMENT AND NATURAL RESOURCES AND ITS CONNECTION TO THE DIMINISHMENT OF TRIBAL SOVEREIGNTY |
12 Arizona Journal of Environmental Law & Policy 107 (Fall, 2021) |
This note seeks to discuss environmental racism and its connection to the diminishment of tribal sovereignty. First, there will be a discussion on the history and origin of tribal sovereignty, and the presence of tribes and Indigenous peoples in the United States. Second, there will be an examination of how the Clean Air and Clean Water Acts have... |
2021 |
Yes |
| Author |
Andie J. Sweeden |
| Title |
ENVIRONMENTAL RACISM IN INDIAN COUNTRY: AN ANALYSIS OF ITS IMPACTS ON THE ENVIRONMENT AND NATURAL RESOURCES AND ITS CONNECTION TO THE DIMINISHMENT OF TRIBAL SOVEREIGNTY |
| Citation |
12 Arizona Journal of Environmental Law & Policy 107 (Fall, 2021) |
| Summary |
This note seeks to discuss environmental racism and its connection to the diminishment of tribal sovereignty. First, there will be a discussion on the history and origin of tribal sovereignty, and the presence of tribes and Indigenous peoples in the United States. Second, there will be an examination of how the Clean Air and Clean Water Acts have... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Susan Filan |
EPIDEMIC HIDING IN PLAIN SIGHT |
57-AUG Arizona Attorney 44 (July/August, 2021) |
Violence against Indigenous women and girls in the U.S. exceeds that of any other population in the country. The epidemic is so severe it has its own acronym--MMIWG--which stands for Missing and Murdered Indigenous Women & Girls. The MMIWG movement has arisen because law enforcement's response is inadequate and antiquated. This hidden crisis is... |
2021 |
|
| Author |
Susan Filan |
| Title |
EPIDEMIC HIDING IN PLAIN SIGHT |
| Citation |
57-AUG Arizona Attorney 44 (July/August, 2021) |
| Summary |
Violence against Indigenous women and girls in the U.S. exceeds that of any other population in the country. The epidemic is so severe it has its own acronym--MMIWG--which stands for Missing and Murdered Indigenous Women & Girls. The MMIWG movement has arisen because law enforcement's response is inadequate and antiquated. This hidden crisis is... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Lucy Dempsey |
EQUITY OVER EQUALITY: EQUAL PROTECTION AND THE INDIAN CHILD WELFARE ACT |
77 Washington and Lee Law Review Online 411 (April 19, 2021) |
In 2018, a Texas District Court shocked the nation by declaring the Indian Child Welfare Act (ICWA) unconstitutional pursuant to the Equal Protection Clause of the U.S. Constitution. The decision was overturned by the Fifth Circuit but may well be appealed to the U.S. Supreme Court. The ICWA provides a framework for the removal and placement of... |
2021 |
|
| Author |
Lucy Dempsey |
| Title |
EQUITY OVER EQUALITY: EQUAL PROTECTION AND THE INDIAN CHILD WELFARE ACT |
| Citation |
77 Washington and Lee Law Review Online 411 (April 19, 2021) |
| Summary |
In 2018, a Texas District Court shocked the nation by declaring the Indian Child Welfare Act (ICWA) unconstitutional pursuant to the Equal Protection Clause of the U.S. Constitution. The decision was overturned by the Fifth Circuit but may well be appealed to the U.S. Supreme Court. The ICWA provides a framework for the removal and placement of... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Casey R. Ross , Director of the American Indian Law and Sovereignty Center and Clinical Professor, Oklahoma City University School of Law |
ESTATE PLANNING IN INDIAN COUNTRY MORE IMPORTANT THAN EVER |
42 Bifocal 72 (March-April, 2021) |
Estate planning is important for everyone. But, in tribal communities, estate planning is among the most important legal issues that impact individual native people. In a pre-pandemic world, the stakes are high for ensuring access to estate planning services in Indian Country. Post-pandemic, the stakes feel even higher. The American Indian Law and... |
2021 |
|
| Author |
Casey R. Ross , Director of the American Indian Law and Sovereignty Center and Clinical Professor, Oklahoma City University School of Law |
| Title |
ESTATE PLANNING IN INDIAN COUNTRY MORE IMPORTANT THAN EVER |
| Citation |
42 Bifocal 72 (March-April, 2021) |
| Summary |
Estate planning is important for everyone. But, in tribal communities, estate planning is among the most important legal issues that impact individual native people. In a pre-pandemic world, the stakes are high for ensuring access to estate planning services in Indian Country. Post-pandemic, the stakes feel even higher. The American Indian Law and... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| William Crowder Gaskins, Jr. |
EXHAUSTION REQUIREMENTS AND DISPUTE RESOLUTION REFORM IN BILATERAL INVESTMENT TREATIES |
49 Georgia Journal of International and Comparative Law 371 (Spring, 2021) |
C1-2Table of Contents I. Introduction. 373 A. Contemporary Issues in International Investment Law: The ISDS Regime. 374 B. The Rule of Local Remedies. 378 II. BITs Status Quo. 380 A. Geopolitical and Geo-Economic Forces Guiding BITs from 1994 to 2015. 380 B. Policy Interests at Stake. 382 i. Economic Protectionism. 382 ii. Legitimacy Crisis. 382... |
2021 |
Yes |
| Author |
William Crowder Gaskins, Jr. |
| Title |
EXHAUSTION REQUIREMENTS AND DISPUTE RESOLUTION REFORM IN BILATERAL INVESTMENT TREATIES |
| Citation |
49 Georgia Journal of International and Comparative Law 371 (Spring, 2021) |
| Summary |
C1-2Table of Contents I. Introduction. 373 A. Contemporary Issues in International Investment Law: The ISDS Regime. 374 B. The Rule of Local Remedies. 378 II. BITs Status Quo. 380 A. Geopolitical and Geo-Economic Forces Guiding BITs from 1994 to 2015. 380 B. Policy Interests at Stake. 382 i. Economic Protectionism. 382 ii. Legitimacy Crisis. 382... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
|
EY GLOBAL DESK |
32 Journal of International Taxation 06 (July, 2021) |
On 27 April 2021, the Argentine federal tax authorities (AFIP) published, in the Official Gazette, Resolution 4976/2021 (Resolution 4976), which sets forth the procedure individuals and companies must follow to register real estate projects for the promotionalregime for construction. It also establishes the procedure for declaring local and foreign... |
2021 |
|
| Author |
|
| Title |
EY GLOBAL DESK |
| Citation |
32 Journal of International Taxation 06 (July, 2021) |
| Summary |
On 27 April 2021, the Argentine federal tax authorities (AFIP) published, in the Official Gazette, Resolution 4976/2021 (Resolution 4976), which sets forth the procedure individuals and companies must follow to register real estate projects for the promotionalregime for construction. It also establishes the procedure for declaring local and foreign... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Trevor G. Reed |
FAIR USE AS CULTURAL APPROPRIATION |
109 California Law Review 1373 (August, 2021) |
Over the last four decades, scholars from diverse disciplines have documented a wide variety of cultural appropriations from Indigenous peoples and the harms these have inflicted. Copyright law provides at least some protection against appropriations of Indigenous culture--particularly for copyrightable songs, dances, oral histories, and other... |
2021 |
|
| Author |
Trevor G. Reed |
| Title |
FAIR USE AS CULTURAL APPROPRIATION |
| Citation |
109 California Law Review 1373 (August, 2021) |
| Summary |
Over the last four decades, scholars from diverse disciplines have documented a wide variety of cultural appropriations from Indigenous peoples and the harms these have inflicted. Copyright law provides at least some protection against appropriations of Indigenous culture--particularly for copyrightable songs, dances, oral histories, and other... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
|
FEDERAL INDIAN LAW--CRIMINAL LAW--TRIBAL SOVEREIGNTY--UNITED STATES v. COOLEY |
135 Harvard Law Review 411 (November, 2021) |
For over two centuries, Indian tribes have been relegated to a tenuous position within the American constitutional system. As the Supreme Court has attempted to give shape to Chief Justice Marshall's description of tribes as domestic dependent nations, tribes have had to navigate jurisdictional pitfalls that states, by comparison, are never... |
2021 |
Yes |
| Author |
|
| Title |
FEDERAL INDIAN LAW--CRIMINAL LAW--TRIBAL SOVEREIGNTY--UNITED STATES v. COOLEY |
| Citation |
135 Harvard Law Review 411 (November, 2021) |
| Summary |
For over two centuries, Indian tribes have been relegated to a tenuous position within the American constitutional system. As the Supreme Court has attempted to give shape to Chief Justice Marshall's description of tribes as domestic dependent nations, tribes have had to navigate jurisdictional pitfalls that states, by comparison, are never... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
|
FEDERAL INDIAN LAW--TRIBAL SOVEREIGNTY--SEVENTH CIRCUIT HOLDS THAT ONEIDA NATION REMAINS INTACT.--ONEIDA NATION v. VILLAGE OF HOBART, 968 F.3D 664 (7TH CIR. 2020) |
134 Harvard Law Review 1583 (February, 2021) |
From 1887 to 1934, Congress sought to partition collective tribal landmasses into fee simple, individually owned plots; meanwhile, it made unclaimed reservation lands available to the general public under homesteading laws and other disposal statutes. The result was the checkerboarding of Indian country, which left reservation land interspersed... |
2021 |
Yes |
| Author |
|
| Title |
FEDERAL INDIAN LAW--TRIBAL SOVEREIGNTY--SEVENTH CIRCUIT HOLDS THAT ONEIDA NATION REMAINS INTACT.--ONEIDA NATION v. VILLAGE OF HOBART, 968 F.3D 664 (7TH CIR. 2020) |
| Citation |
134 Harvard Law Review 1583 (February, 2021) |
| Summary |
From 1887 to 1934, Congress sought to partition collective tribal landmasses into fee simple, individually owned plots; meanwhile, it made unclaimed reservation lands available to the general public under homesteading laws and other disposal statutes. The result was the checkerboarding of Indian country, which left reservation land interspersed... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Jessica A. Shoemaker |
FEE SIMPLE FAILURES: RURAL LANDSCAPES AND RACE |
119 Michigan Law Review 1695 (June, 2021) |
Property law's roots are rural. America pursued an early agrarian vision that understood real property rights as instrumental to achieving a country of free, engaged citizens who cared for their communities and stewarded their physical place in it. But we have drifted far from this ideal. Today, American agriculture is industrialized, and rural... |
2021 |
|
| Author |
Jessica A. Shoemaker |
| Title |
FEE SIMPLE FAILURES: RURAL LANDSCAPES AND RACE |
| Citation |
119 Michigan Law Review 1695 (June, 2021) |
| Summary |
Property law's roots are rural. America pursued an early agrarian vision that understood real property rights as instrumental to achieving a country of free, engaged citizens who cared for their communities and stewarded their physical place in it. But we have drifted far from this ideal. Today, American agriculture is industrialized, and rural... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Pamela Foohey , Nathalie Martin |
FINTECH'S ROLE IN EXACERBATING OR REDUCING THE WEALTH GAP |
2021 University of Illinois Law Review 459 (2021) |
Research shows that Black, Latinx, and other minorities pay more for credit and banking services, and that wealth accumulation differs starkly between their households and white households. The link between debt inequality and the wealth gap, however, remains less thoroughly explored, particularly in light of new credit products and debt-like... |
2021 |
|
| Author |
Pamela Foohey , Nathalie Martin |
| Title |
FINTECH'S ROLE IN EXACERBATING OR REDUCING THE WEALTH GAP |
| Citation |
2021 University of Illinois Law Review 459 (2021) |
| Summary |
Research shows that Black, Latinx, and other minorities pay more for credit and banking services, and that wealth accumulation differs starkly between their households and white households. The link between debt inequality and the wealth gap, however, remains less thoroughly explored, particularly in light of new credit products and debt-like... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Eric K. Yamamoto , Susan K. Serrano |
FOREWORD TO THE REPUBLICATION OF RACIALIZING ENVIRONMENTAL JUSTICE |
92 University of Colorado Law Review 1383 (Special Issue 2021) |
Systemic racism! The burgeoning 2020 Black Lives Matter protests vaulted this formerly whispered phrase into mainstream public consciousness. Through news headlines, social media, educational classes, opinion essays, word of mouth, and more, America grappled with the enormity of racism as a form of oppression of people and communities, as... |
2021 |
|
| Author |
Eric K. Yamamoto , Susan K. Serrano |
| Title |
FOREWORD TO THE REPUBLICATION OF RACIALIZING ENVIRONMENTAL JUSTICE |
| Citation |
92 University of Colorado Law Review 1383 (Special Issue 2021) |
| Summary |
Systemic racism! The burgeoning 2020 Black Lives Matter protests vaulted this formerly whispered phrase into mainstream public consciousness. Through news headlines, social media, educational classes, opinion essays, word of mouth, and more, America grappled with the enormity of racism as a form of oppression of people and communities, as... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Melodie Meyer |
FRACKING IN PUEBLO AND DINÉ COMMUNITIES |
39 UCLA Journal of Environmental Law & Policy 89 (2021) |
Fracking must be regulated from a tribal perspective and ultimately phased out by renewable energy sources in order to prevent environmental contamination and threats to health and safety. Like many other components of extractive industry, fracking disproportionately harms indigenous communities due to the socioeconomic status of indigenous... |
2021 |
|
| Author |
Melodie Meyer |
| Title |
FRACKING IN PUEBLO AND DINÉ COMMUNITIES |
| Citation |
39 UCLA Journal of Environmental Law & Policy 89 (2021) |
| Summary |
Fracking must be regulated from a tribal perspective and ultimately phased out by renewable energy sources in order to prevent environmental contamination and threats to health and safety. Like many other components of extractive industry, fracking disproportionately harms indigenous communities due to the socioeconomic status of indigenous... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Yuri G. Mantilla |
FRANCISCO DE VITORA'S NORMATVE IDEAS AND THE BEGINNINGS OF INTERNATIONAL LAW: A COLONIAL ETHNOCENTRIC DISCOURSE, OR A BONA FIDE EFFORT TO CONSTRUCT JUST INTERNATIONAL NORMS? |
44 Loyola of Los Angeles International and Comparative Law Review 43 (Summer, 2021) |
The fragmentation of international law, its legal positivist foundation, and the influence of critical approaches in its deconstruction has shaped debates about international law's present and future. To properly understand prevalent international normative ideas and to think about potential improvements in constructing a just normative... |
2021 |
|
| Author |
Yuri G. Mantilla |
| Title |
FRANCISCO DE VITORA'S NORMATVE IDEAS AND THE BEGINNINGS OF INTERNATIONAL LAW: A COLONIAL ETHNOCENTRIC DISCOURSE, OR A BONA FIDE EFFORT TO CONSTRUCT JUST INTERNATIONAL NORMS? |
| Citation |
44 Loyola of Los Angeles International and Comparative Law Review 43 (Summer, 2021) |
| Summary |
The fragmentation of international law, its legal positivist foundation, and the influence of critical approaches in its deconstruction has shaped debates about international law's present and future. To properly understand prevalent international normative ideas and to think about potential improvements in constructing a just normative... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Rachael Paschal Osborn |
FROM LOON LAKE TO CHUCKANUT CREEK: THE RISE AND FALL OF ENVIRONMENTAL VALUES IN WASHINGTON'S WATER RESOURCES ACT |
11 Washington Journal of Environmental Law & Policy 115 (January, 2021) |
How does one put a dollar value on being in the presence of crystal clear water coursing down a steep slope through a rock-lined, moss-edged stream bed among evergreen trees, for example? While commercial uses of the state's instream flows might be made--tourism and paid-for recreation, for example--such uses do not entail the total benefits... |
2021 |
|
| Author |
Rachael Paschal Osborn |
| Title |
FROM LOON LAKE TO CHUCKANUT CREEK: THE RISE AND FALL OF ENVIRONMENTAL VALUES IN WASHINGTON'S WATER RESOURCES ACT |
| Citation |
11 Washington Journal of Environmental Law & Policy 115 (January, 2021) |
| Summary |
How does one put a dollar value on being in the presence of crystal clear water coursing down a steep slope through a rock-lined, moss-edged stream bed among evergreen trees, for example? While commercial uses of the state's instream flows might be made--tourism and paid-for recreation, for example--such uses do not entail the total benefits... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Marianne M. Jennings |
FROM THE COURTS |
49 Real Estate Law Journal 224 (Winter, 2021) |
Fee simples entered back into the high court's lingo recently, but only on the heels of a sexual assault case. Reread that first sentence because its combination of words seems unfathomably possible. The decision in McGirt v. Oklahoma is a study in land rights, criminal law, sovereignty, abandonment, assumptions, sloppy documentation, and, of... |
2021 |
Yes |
| Author |
Marianne M. Jennings |
| Title |
FROM THE COURTS |
| Citation |
49 Real Estate Law Journal 224 (Winter, 2021) |
| Summary |
Fee simples entered back into the high court's lingo recently, but only on the heels of a sexual assault case. Reread that first sentence because its combination of words seems unfathomably possible. The decision in McGirt v. Oklahoma is a study in land rights, criminal law, sovereignty, abandonment, assumptions, sloppy documentation, and, of... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Darryl Li |
GENRES OF UNIVERSALISM: READING RACE INTO INTERNATIONAL LAW, WITH HELP FROM SYLVIA WYNTER |
67 UCLA Law Review 1686 (April, 2021) |
Taking note of the relatively limited accounts of race in contemporary international legal doctrine, this Article posits a thought experiment: What would international legal theorizing look like not from the place of the metropole or the colony, but rather from the journey of the enslaved, from the barracoon to the hold of the slave ship to the... |
2021 |
|
| Author |
Darryl Li |
| Title |
GENRES OF UNIVERSALISM: READING RACE INTO INTERNATIONAL LAW, WITH HELP FROM SYLVIA WYNTER |
| Citation |
67 UCLA Law Review 1686 (April, 2021) |
| Summary |
Taking note of the relatively limited accounts of race in contemporary international legal doctrine, this Article posits a thought experiment: What would international legal theorizing look like not from the place of the metropole or the colony, but rather from the journey of the enslaved, from the barracoon to the hold of the slave ship to the... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Jared Green |
GOING OFF THE RAILS ON THE MAYAN TRAIN: HOW AMLO'S DEVELOPMENT PROJECT IS ON A FAST TRACK TO MULTIPLE VIOLATIONS OF INDIGENOUS RIGHTS |
36 American University International Law Review 845 (2021) |
I. INTRODUCTION. 847 II. BACKGROUND. 848 A. The Mayan Train. 848 B. Principal Organs of the Inter-American Human Rights System. 853 C. The Inter-American System's Relevant Legal Obligations Regarding Indigenous Rights. 855 i. The Right to Property under Article 21 of the ACHR. 855 ii. The Right to Equal Protection of the Law and to Judicial... |
2021 |
|
| Author |
Jared Green |
| Title |
GOING OFF THE RAILS ON THE MAYAN TRAIN: HOW AMLO'S DEVELOPMENT PROJECT IS ON A FAST TRACK TO MULTIPLE VIOLATIONS OF INDIGENOUS RIGHTS |
| Citation |
36 American University International Law Review 845 (2021) |
| Summary |
I. INTRODUCTION. 847 II. BACKGROUND. 848 A. The Mayan Train. 848 B. Principal Organs of the Inter-American Human Rights System. 853 C. The Inter-American System's Relevant Legal Obligations Regarding Indigenous Rights. 855 i. The Right to Property under Article 21 of the ACHR. 855 ii. The Right to Equal Protection of the Law and to Judicial... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Ruth L. Okediji |
GRAFTING TRADITIONAL KNOWLEDGE ONTO A COMMON LAW SYSTEM |
110 Georgetown Law Journal 75 (October, 2021) |
Modern legal systems are not usually designed to protect Indigenous traditional knowledge or traditional cultural expressions but are, more often, historically complicit in their misuse or suppression. The undefined status of traditional knowledge has left Indigenous communities vulnerable to harms not readily cognizable by either common or civil... |
2021 |
|
| Author |
Ruth L. Okediji |
| Title |
GRAFTING TRADITIONAL KNOWLEDGE ONTO A COMMON LAW SYSTEM |
| Citation |
110 Georgetown Law Journal 75 (October, 2021) |
| Summary |
Modern legal systems are not usually designed to protect Indigenous traditional knowledge or traditional cultural expressions but are, more often, historically complicit in their misuse or suppression. The undefined status of traditional knowledge has left Indigenous communities vulnerable to harms not readily cognizable by either common or civil... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Nicholas R. Parrillo, Yale Law School, New Haven, CT, USA, doi:10.1093/ajlh/njab013, Advance Access Publication Date: 20 September 2021 |
GREGORY ABLAVSKY, FEDERAL GROUND: GOVERNING PROPERTY AND VIOLENCE IN THE FIRST U.S. TERRITORIES (NEW YORK: OXFORD UNIVERSITY PRESS, 2021) PP 360. USD 39.95 (HARDCOVER). ISBN 978-0190905699 |
61 American Journal of Legal History 338 (September, 2021) |
This is a legal, constitutional, political, and administrative history of the first two US federal territories: the Northwest Territory, from its organization in 1787 until part of it became a state (Ohio) in 1803; and the Southwest Territory, from its organization in 1790 through its early years of being the state of Tennessee starting in 1796.... |
2021 |
|
| Author |
Nicholas R. Parrillo, Yale Law School, New Haven, CT, USA, doi:10.1093/ajlh/njab013, Advance Access Publication Date: 20 September 2021 |
| Title |
GREGORY ABLAVSKY, FEDERAL GROUND: GOVERNING PROPERTY AND VIOLENCE IN THE FIRST U.S. TERRITORIES (NEW YORK: OXFORD UNIVERSITY PRESS, 2021) PP 360. USD 39.95 (HARDCOVER). ISBN 978-0190905699 |
| Citation |
61 American Journal of Legal History 338 (September, 2021) |
| Summary |
This is a legal, constitutional, political, and administrative history of the first two US federal territories: the Northwest Territory, from its organization in 1787 until part of it became a state (Ohio) in 1803; and the Southwest Territory, from its organization in 1790 through its early years of being the state of Tennessee starting in 1796.... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Sascha Dov Bachmann , Ikechukwu P. Ugwu |
HARDIN'S 'TRAGEDY OF THE COMMONS': INDIGENOUS PEOPLES' RIGHTS AND ENVIRONMENTAL PROTECTION: MOVING TOWARDS AN EMERGING NORM OF INDIGENOUS RIGHTS PROTECTION? |
6 One J: Oil and Gas, Natural Resources, and Energy Journal 547 (May, 2021) |
Most of the world's natural resources can be found on the territories of indigenous peoples. This puts indigenous peoples in a position where they are not only subjected to environmental hazards, as a result of the mining and exploitation of these resources, but are also denied the use and control of these resources. In addition, the proximity to... |
2021 |
|
| Author |
Sascha Dov Bachmann , Ikechukwu P. Ugwu |
| Title |
HARDIN'S 'TRAGEDY OF THE COMMONS': INDIGENOUS PEOPLES' RIGHTS AND ENVIRONMENTAL PROTECTION: MOVING TOWARDS AN EMERGING NORM OF INDIGENOUS RIGHTS PROTECTION? |
| Citation |
6 One J: Oil and Gas, Natural Resources, and Energy Journal 547 (May, 2021) |
| Summary |
Most of the world's natural resources can be found on the territories of indigenous peoples. This puts indigenous peoples in a position where they are not only subjected to environmental hazards, as a result of the mining and exploitation of these resources, but are also denied the use and control of these resources. In addition, the proximity to... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Ann E. Tweedy |
HAS FEDERAL INDIAN LAW FINALLY ARRIVED AT "THE FAR END OF THE TRAIL OF TEARS"? |
37 Georgia State University Law Review 739 (Spring, 2021) |
This Article examines the United States Supreme Court's July 9, 2020 decision in McGirt v. Oklahoma, which held that the historic boundaries of the Creek reservation remain intact, and argues that the decision may signal a sea change in the course of federal Indian law of the magnitude of Obergefell v. Hodges in the LGBT rights arena. The Article... |
2021 |
|
| Author |
Ann E. Tweedy |
| Title |
HAS FEDERAL INDIAN LAW FINALLY ARRIVED AT "THE FAR END OF THE TRAIL OF TEARS"? |
| Citation |
37 Georgia State University Law Review 739 (Spring, 2021) |
| Summary |
This Article examines the United States Supreme Court's July 9, 2020 decision in McGirt v. Oklahoma, which held that the historic boundaries of the Creek reservation remain intact, and argues that the decision may signal a sea change in the course of federal Indian law of the magnitude of Obergefell v. Hodges in the LGBT rights arena. The Article... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Troy J.H. Andrade |
HAWAI'I '78: COLLECTIVE MEMORY AND THE UNTOLD LEGAL HISTORY OF REPARATIVE ACTION FOR KNAKA MAOLI |
24 University of Pennsylvania Journal of Law and Social Change 85 (2021) |
Constructed from years of archival and legal research, and in-depth interviews, this Article unearths the story of Native Hawaiians who, tired of failed promises and hollow apologies, in 1978 capitalized on an indigenous cultural and political revival to change the law and secure reparative action. The Native Hawaiian community... |
2021 |
|
| Author |
Troy J.H. Andrade |
| Title |
HAWAI'I '78: COLLECTIVE MEMORY AND THE UNTOLD LEGAL HISTORY OF REPARATIVE ACTION FOR KNAKA MAOLI |
| Citation |
24 University of Pennsylvania Journal of Law and Social Change 85 (2021) |
| Summary |
Constructed from years of archival and legal research, and in-depth interviews, this Article unearths the story of Native Hawaiians who, tired of failed promises and hollow apologies, in 1978 capitalized on an indigenous cultural and political revival to change the law and secure reparative action. The Native Hawaiian community... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| John F. Clark , President and CEO, The National Center for Missing & Exploited Children |
HELP FOR MISSING AMERICAN INDIAN AND ALASKA NATIVE CHILDREN |
69 Department of Justice Journal of Federal Law and Practice 5 (January, 2021) |
A tribal court was so concerned about the welfare of four children, ages 5, 6, 11, and 14, that it removed them from their home and placed them with a family outside the reservation for their protection. Their mother was ordered to have absolutely no contact with them. It wasn't long before an AMBER Alert was issued in Wyoming, underscoring why the... |
2021 |
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| Author |
John F. Clark , President and CEO, The National Center for Missing & Exploited Children |
| Title |
HELP FOR MISSING AMERICAN INDIAN AND ALASKA NATIVE CHILDREN |
| Citation |
69 Department of Justice Journal of Federal Law and Practice 5 (January, 2021) |
| Summary |
A tribal court was so concerned about the welfare of four children, ages 5, 6, 11, and 14, that it removed them from their home and placed them with a family outside the reservation for their protection. Their mother was ordered to have absolutely no contact with them. It wasn't long before an AMBER Alert was issued in Wyoming, underscoring why the... |
| Year |
2021 |
| Key Terms in Title or Summary |
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| Trevor W. Carolan |
HON. DIANE J. HUMETEWA |
68-APR Federal Lawyer 24 (March/April, 2021) |
When entering Judge Diane J. Humetewa's chambers at the Sandra Day O'Connor Courthouse in Phoenix, one is immersed in décor encapsulating the beauty and diversity of Arizona--petrified wooden tables, turquoise Native American pottery, assorted cacti, and art depicting the vast Grand Canyon. This rich landscape has been the backdrop of Judge... |
2021 |
|
| Author |
Trevor W. Carolan |
| Title |
HON. DIANE J. HUMETEWA |
| Citation |
68-APR Federal Lawyer 24 (March/April, 2021) |
| Summary |
When entering Judge Diane J. Humetewa's chambers at the Sandra Day O'Connor Courthouse in Phoenix, one is immersed in décor encapsulating the beauty and diversity of Arizona--petrified wooden tables, turquoise Native American pottery, assorted cacti, and art depicting the vast Grand Canyon. This rich landscape has been the backdrop of Judge... |
| Year |
2021 |
| Key Terms in Title or Summary |
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| Conor J. Hyatt |
HONG KONG SMALL HOUSE POLICY: MODERNITY, CRISIS MORALITY & POLICIES FOR REPAIR |
4 Cardozo International & Comparative Law Review 763 (Winter, 2021) |
C1-3Table of Contents I. Introduction. 763 II. Modern Hong Kong: Land Use and Residency. 766 A. Topography and Land Availability. 766 B. Hong Kong Land Leasing and Taxation. 767 C. Population Density. 768 D. Public vs. Private Housing Market. 768 E. History of The New Territories. 769 III. The Small House Policy (SHP). 771 IV. Modern SHP and... |
2021 |
|
| Author |
Conor J. Hyatt |
| Title |
HONG KONG SMALL HOUSE POLICY: MODERNITY, CRISIS MORALITY & POLICIES FOR REPAIR |
| Citation |
4 Cardozo International & Comparative Law Review 763 (Winter, 2021) |
| Summary |
C1-3Table of Contents I. Introduction. 763 II. Modern Hong Kong: Land Use and Residency. 766 A. Topography and Land Availability. 766 B. Hong Kong Land Leasing and Taxation. 767 C. Population Density. 768 D. Public vs. Private Housing Market. 768 E. History of The New Territories. 769 III. The Small House Policy (SHP). 771 IV. Modern SHP and... |
| Year |
2021 |
| Key Terms in Title or Summary |
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|
| Adam Crepelle |
HOW FEDERAL INDIAN LAW PREVENTS BUSINESS DEVELOPMENT IN INDIAN COUNTRY |
23 University of Pennsylvania Journal of Business Law 683 (2021) |
I. Introduction. 683 II. Data. 690 III. Tribal Sovereignty and Economic Development. 693 IV. How Federal Indian Law Kills Reservation Economies. 705 A. Jurisdictional Uncertainty. 706 1. Civil Jurisdiction. 707 2. Forum Selection Clauses and Arbitration Agreements. 712 3. Enforcing Judicial Decrees. 715 4. Criminal Jurisdiction. 717 B. Land Status.... |
2021 |
Yes |
| Author |
Adam Crepelle |
| Title |
HOW FEDERAL INDIAN LAW PREVENTS BUSINESS DEVELOPMENT IN INDIAN COUNTRY |
| Citation |
23 University of Pennsylvania Journal of Business Law 683 (2021) |
| Summary |
I. Introduction. 683 II. Data. 690 III. Tribal Sovereignty and Economic Development. 693 IV. How Federal Indian Law Kills Reservation Economies. 705 A. Jurisdictional Uncertainty. 706 1. Civil Jurisdiction. 707 2. Forum Selection Clauses and Arbitration Agreements. 712 3. Enforcing Judicial Decrees. 715 4. Criminal Jurisdiction. 717 B. Land Status.... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Kaleah M. Ault |
HOW THE WEST WAS LOST: TRIBAL CRIMINAL JURISDICTION MUST CHANGE TO DEAL WITH SEXUAL ASSAULT, NATIVE AMERICAN WOMEN, AND CHANGING TIMES |
34 DCBA Brief 20 (September/October, 2021) |
Much like how the United States grappled with slavery, it has struggled in its relations to Native Americans since the beginning of its tumultuous relationship with them. The jurisdictional imbroglio between the United States government and Native American tribes, formed in the forges of distrust, dishonesty, and genocidal endeavor, has been deeply... |
2021 |
|
| Author |
Kaleah M. Ault |
| Title |
HOW THE WEST WAS LOST: TRIBAL CRIMINAL JURISDICTION MUST CHANGE TO DEAL WITH SEXUAL ASSAULT, NATIVE AMERICAN WOMEN, AND CHANGING TIMES |
| Citation |
34 DCBA Brief 20 (September/October, 2021) |
| Summary |
Much like how the United States grappled with slavery, it has struggled in its relations to Native Americans since the beginning of its tumultuous relationship with them. The jurisdictional imbroglio between the United States government and Native American tribes, formed in the forges of distrust, dishonesty, and genocidal endeavor, has been deeply... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
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