| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Joshua Rosenberg |
KŪ KIA'I MAUNA: PROTECTING INDIGENOUS RELIGIOUS RIGHTS |
96 Washington Law Review 277 (March, 2021) |
Courts historically side with private interests at the expense of Indigenous religious rights. Continuing this trend, the Hawai'i State Supreme Court allowed the Thirty-Meter-Telescope to be built atop Maunakea, a mountain sacred to Native Hawaiians. This decision led to a mass protest that was organized by Native Hawaiian rights... |
2021 |
|
| Author |
Joshua Rosenberg |
| Title |
KŪ KIA'I MAUNA: PROTECTING INDIGENOUS RELIGIOUS RIGHTS |
| Citation |
96 Washington Law Review 277 (March, 2021) |
| Summary |
Courts historically side with private interests at the expense of Indigenous religious rights. Continuing this trend, the Hawai'i State Supreme Court allowed the Thirty-Meter-Telescope to be built atop Maunakea, a mountain sacred to Native Hawaiians. This decision led to a mass protest that was organized by Native Hawaiian rights... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Sherlyn Abdullah |
LEARNING FROM INDIA'S TKDL: DIGITIZATION AS A TOOL TO PROTECT CULTURAL PROPERTY AND AN ARGUMENT FOR DOING IT YOURSELF |
5 Georgetown Law Technology Review 99 (May, 2021) |
C1-2Table of Contents I. Introduction. 100 II. An Overview of Traditional Knowledge and Traditional Cultural Expressions. 101 III. Digitization Generally and Intellectual Property Implications. 103 IV. Who Should Digitize? The Historical Role of Memory Institutions and The Need For Change. 105 A. Memory Institutions' Use of Digitization to Preserve... |
2021 |
|
| Author |
Sherlyn Abdullah |
| Title |
LEARNING FROM INDIA'S TKDL: DIGITIZATION AS A TOOL TO PROTECT CULTURAL PROPERTY AND AN ARGUMENT FOR DOING IT YOURSELF |
| Citation |
5 Georgetown Law Technology Review 99 (May, 2021) |
| Summary |
C1-2Table of Contents I. Introduction. 100 II. An Overview of Traditional Knowledge and Traditional Cultural Expressions. 101 III. Digitization Generally and Intellectual Property Implications. 103 IV. Who Should Digitize? The Historical Role of Memory Institutions and The Need For Change. 105 A. Memory Institutions' Use of Digitization to Preserve... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Nina Ciffolillo |
LEGAL BARRIERS TO TRIBAL JURISDICTION OVER VIOLENCE AGAINST WOMEN IN MAINE: DEVELOPMENTS AND PATHS FORWARD |
73 Maine Law Review 351 (2021) |
I. Introduction: Tribal Jurisdiction in the United States and Maine II. Violence Against Indigenous Women and the Violence Against Women Act (VAWA), Nationally and in MaineE A. On the National Scale B. In Maine III. Prospects of Prosecuting in Maine Tribal Courts IV. Weaknesses and Potential for More Effective Solutions in the U.S. and in... |
2021 |
|
| Author |
Nina Ciffolillo |
| Title |
LEGAL BARRIERS TO TRIBAL JURISDICTION OVER VIOLENCE AGAINST WOMEN IN MAINE: DEVELOPMENTS AND PATHS FORWARD |
| Citation |
73 Maine Law Review 351 (2021) |
| Summary |
I. Introduction: Tribal Jurisdiction in the United States and Maine II. Violence Against Indigenous Women and the Violence Against Women Act (VAWA), Nationally and in MaineE A. On the National Scale B. In Maine III. Prospects of Prosecuting in Maine Tribal Courts IV. Weaknesses and Potential for More Effective Solutions in the U.S. and in... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Mirko Bagaric , Peter Isham , Jennifer Svilar , Theo Alexander |
LESS PRISON TIME MATTERS: A ROADMAP TO REDUCING THE DISCRIMINATORY IMPACT OF THE SENTENCING SYSTEM AGAINST AFRICAN AMERICANS AND INDIGENOUS AUSTRALIANS |
37 Georgia State University Law Review 1405 (Summer, 2021) |
The criminal justice system discriminates against African Americans. There are a number of stages of the criminal justice process. Sentencing is the sharp end of the system because this is where the community acts in its most coercive manner by intentionally inflecting hardships on offenders. African Americans comprise approximately 40% of the... |
2021 |
|
| Author |
Mirko Bagaric , Peter Isham , Jennifer Svilar , Theo Alexander |
| Title |
LESS PRISON TIME MATTERS: A ROADMAP TO REDUCING THE DISCRIMINATORY IMPACT OF THE SENTENCING SYSTEM AGAINST AFRICAN AMERICANS AND INDIGENOUS AUSTRALIANS |
| Citation |
37 Georgia State University Law Review 1405 (Summer, 2021) |
| Summary |
The criminal justice system discriminates against African Americans. There are a number of stages of the criminal justice process. Sentencing is the sharp end of the system because this is where the community acts in its most coercive manner by intentionally inflecting hardships on offenders. African Americans comprise approximately 40% of the... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Rebekah Ross |
LET INDIANS DECIDE: HOW RESTRICTING BORDER PASSAGE BY BLOOD QUANTUM INFRINGES ON TRIBAL SOVEREIGNTY |
96 Washington Law Review 311 (March, 2021) |
American immigration laws have been explicitly racial throughout most of the country's history. For decades, only White foreign nationals could become naturalized citizens. All racial criteria have since vanished from the Immigration and Nationality Act (INA)--all but one. Section 289 of the INA allows American Indians born in Canada to... |
2021 |
Yes |
| Author |
Rebekah Ross |
| Title |
LET INDIANS DECIDE: HOW RESTRICTING BORDER PASSAGE BY BLOOD QUANTUM INFRINGES ON TRIBAL SOVEREIGNTY |
| Citation |
96 Washington Law Review 311 (March, 2021) |
| Summary |
American immigration laws have been explicitly racial throughout most of the country's history. For decades, only White foreign nationals could become naturalized citizens. All racial criteria have since vanished from the Immigration and Nationality Act (INA)--all but one. Section 289 of the INA allows American Indians born in Canada to... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Adam Crepelle |
LIES, DAMN LIES, AND FEDERAL INDIAN LAW: THE ETHICS OF CITING RACIST PRECEDENT IN CONTEMPORARY FEDERAL INDIAN LAW |
44 New York University Review of Law and Social Change 529 (2021) |
Federal Indian law is rooted in history. Present day Indian law practitioners routinely cite cases from the 1800s. Most of the jurisprudence dealing with Indians in the 1800s is flagrantly racist and based upon grossly erroneous stereotypes about Indians. Contemporary Indian rights continuously erode because federal Indian law remains stuck in the... |
2021 |
|
| Author |
Adam Crepelle |
| Title |
LIES, DAMN LIES, AND FEDERAL INDIAN LAW: THE ETHICS OF CITING RACIST PRECEDENT IN CONTEMPORARY FEDERAL INDIAN LAW |
| Citation |
44 New York University Review of Law and Social Change 529 (2021) |
| Summary |
Federal Indian law is rooted in history. Present day Indian law practitioners routinely cite cases from the 1800s. Most of the jurisprudence dealing with Indians in the 1800s is flagrantly racist and based upon grossly erroneous stereotypes about Indians. Contemporary Indian rights continuously erode because federal Indian law remains stuck in the... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Carol Zhang |
LINGUISTIC MINORITIES WITH DISABILITIES AND THE RIGHT TO NATIVE LANGUAGE INSTRUCTION |
22 Chicago Journal of International Law 335 (Summer, 2021) |
This Comment examines whether international law guarantees for linguistic minorities with disabilities the right to native language instruction. Linguistic minorities with disabilities currently face two challenges: the barriers presented by their disability and the difficulties of learning the majority language. A right to native language... |
2021 |
|
| Author |
Carol Zhang |
| Title |
LINGUISTIC MINORITIES WITH DISABILITIES AND THE RIGHT TO NATIVE LANGUAGE INSTRUCTION |
| Citation |
22 Chicago Journal of International Law 335 (Summer, 2021) |
| Summary |
This Comment examines whether international law guarantees for linguistic minorities with disabilities the right to native language instruction. Linguistic minorities with disabilities currently face two challenges: the barriers presented by their disability and the difficulties of learning the majority language. A right to native language... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Kristen A. Carpenter |
LIVING THE SACRED: INDIGENOUS PEOPLES AND RELIGIOUS FREEDOM, DEFEND THE SACRED: NATIVE AMERICAN RELIGIOUS FREEDOM BEYOND THE FIRST AMENDMENT. BY MICHAEL D. MCNALLY. PRINCETON, N.J.: PRINCETON UNIVERSITY PRESS. 2020. PP. 376. $99.95 |
134 Harvard Law Review 2103 (April, 2021) |
In recent years, the Supreme Court has shown solicitude for religious freedom claims arising under the First Amendment and federal statutes. Cases expanding the scope of free exercise and narrowing limitations on government establishment have favored religious belief and practice, even when arguably pitted against core concerns about public health... |
2021 |
|
| Author |
Kristen A. Carpenter |
| Title |
LIVING THE SACRED: INDIGENOUS PEOPLES AND RELIGIOUS FREEDOM, DEFEND THE SACRED: NATIVE AMERICAN RELIGIOUS FREEDOM BEYOND THE FIRST AMENDMENT. BY MICHAEL D. MCNALLY. PRINCETON, N.J.: PRINCETON UNIVERSITY PRESS. 2020. PP. 376. $99.95 |
| Citation |
134 Harvard Law Review 2103 (April, 2021) |
| Summary |
In recent years, the Supreme Court has shown solicitude for religious freedom claims arising under the First Amendment and federal statutes. Cases expanding the scope of free exercise and narrowing limitations on government establishment have favored religious belief and practice, even when arguably pitted against core concerns about public health... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Nestor M. Davidson |
LOCAL CONSTITUTIONS |
99 Texas Law Review 839 (April, 2021) |
Municipal charters are the forgotten constitutions of our federal system. Scholars generally understand our democracy to be governed by federal and state constitutions, but there is a third, almost entirely ignored realm of constitutional law and practice that lives at the local-government level, embodied in the charters that govern cities,... |
2021 |
|
| Author |
Nestor M. Davidson |
| Title |
LOCAL CONSTITUTIONS |
| Citation |
99 Texas Law Review 839 (April, 2021) |
| Summary |
Municipal charters are the forgotten constitutions of our federal system. Scholars generally understand our democracy to be governed by federal and state constitutions, but there is a third, almost entirely ignored realm of constitutional law and practice that lives at the local-government level, embodied in the charters that govern cities,... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Amanda Tesarek |
MAKING THE "BEST" BETTER: TRANSFERRING BEST INTERESTS DETERMINATIONS TO TRIBES AS A SOLUTION TO THE ONGOING POST-COLONIAL INDIGENOUS CHILD WELFARE CRISIS |
30 Minnesota Journal of International Law 395 (Spring, 2021) |
Kill the Indian in him, and save the man. [C]ontinue until there is not a single Indian in Canada that has not been absorbed into the body politic and there is no Indian question, and no Indian department. [T]he destiny of the natives of aboriginal origin . lies in their ultimate absorption by the people of the Commonwealth . These... |
2021 |
|
| Author |
Amanda Tesarek |
| Title |
MAKING THE "BEST" BETTER: TRANSFERRING BEST INTERESTS DETERMINATIONS TO TRIBES AS A SOLUTION TO THE ONGOING POST-COLONIAL INDIGENOUS CHILD WELFARE CRISIS |
| Citation |
30 Minnesota Journal of International Law 395 (Spring, 2021) |
| Summary |
Kill the Indian in him, and save the man. [C]ontinue until there is not a single Indian in Canada that has not been absorbed into the body politic and there is no Indian question, and no Indian department. [T]he destiny of the natives of aboriginal origin . lies in their ultimate absorption by the people of the Commonwealth . These... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Ana Condes |
MAN CAMPS AND BAD MEN: LITIGATING VIOLENCE AGAINST AMERICAN INDIAN WOMEN |
116 Northwestern University Law Review 515 (2021) |
The crisis of sexual violence plaguing Indian Country is made drastically worse by oil-pipeline construction, which often occurs near reservations. The man camps constructed to house pipeline workers are hotbeds of rape, domestic violence, and sex trafficking, and American Indian women are frequently targeted due to a perception that... |
2021 |
|
| Author |
Ana Condes |
| Title |
MAN CAMPS AND BAD MEN: LITIGATING VIOLENCE AGAINST AMERICAN INDIAN WOMEN |
| Citation |
116 Northwestern University Law Review 515 (2021) |
| Summary |
The crisis of sexual violence plaguing Indian Country is made drastically worse by oil-pipeline construction, which often occurs near reservations. The man camps constructed to house pipeline workers are hotbeds of rape, domestic violence, and sex trafficking, and American Indian women are frequently targeted due to a perception that... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Judith Resnik |
MATURE AGGREGATION AND ANGST: REFRAMING COMPLEX LITIGATION BY ECHOING FRANCIS MCGOVERN'S EARLY INSIGHTS INTO REMEDIAL INNOVATION |
84 Law and Contemporary Problems 231 (2021) |
My introduction to Francis McGovern came in the fall of 1985, when the Yale Law School hosted a National Conference on Litigation Management. There, federal district judge Richard Enslen, who sat in the Western District of Michigan, talked about his experiences dealing with a volatile lawsuit involving fishing rights in the Great Lakes. An 1836... |
2021 |
|
| Author |
Judith Resnik |
| Title |
MATURE AGGREGATION AND ANGST: REFRAMING COMPLEX LITIGATION BY ECHOING FRANCIS MCGOVERN'S EARLY INSIGHTS INTO REMEDIAL INNOVATION |
| Citation |
84 Law and Contemporary Problems 231 (2021) |
| Summary |
My introduction to Francis McGovern came in the fall of 1985, when the Yale Law School hosted a National Conference on Litigation Management. There, federal district judge Richard Enslen, who sat in the Western District of Michigan, talked about his experiences dealing with a volatile lawsuit involving fishing rights in the Great Lakes. An 1836... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Robert J. Miller |
MCGIRT v. OKLAHOMA: THE INDIAN LAW BOMBSHELL |
68-APR Federal Lawyer 30 (March/April, 2021) |
Note: A longer version of this article will be published in the 101 B.U. L. Rev. __ (2021). On July 9, 2020, in a 5-4 decision, the U.S. Supreme Court held in McGirt v. Oklahoma that the 3,250,000-acre Muscogee Creek Nation (MCN) reservation still exists. This case has already created major political, legal, and societal changes for the MCN and... |
2021 |
|
| Author |
Robert J. Miller |
| Title |
MCGIRT v. OKLAHOMA: THE INDIAN LAW BOMBSHELL |
| Citation |
68-APR Federal Lawyer 30 (March/April, 2021) |
| Summary |
Note: A longer version of this article will be published in the 101 B.U. L. Rev. __ (2021). On July 9, 2020, in a 5-4 decision, the U.S. Supreme Court held in McGirt v. Oklahoma that the 3,250,000-acre Muscogee Creek Nation (MCN) reservation still exists. This case has already created major political, legal, and societal changes for the MCN and... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Ryan Gormley, Mary Bacon, Marisa Rodriguez, (WEINBERG, WHEELER, HUDGINS, GUNN & DIAL, LLC), (SPENCER FANE LLP), (CITY OF NORTH LAS VEGAS) |
MEET KOSTAN LATHOURIS |
29-JUL Nevada Lawyer 31 (July, 2021) |
When Kostan Lathouris entered law school, he had a different focus than most. He wanted to better position himself to be of service to his tribe: the Chemehuevi (cheh-meh-way-vee) Indian Tribe. And since graduating law school, he has done precisely that. Lathouris serves on the Chemehuevi Tribal Council, which consists of nine members and is the... |
2021 |
|
| Author |
Ryan Gormley, Mary Bacon, Marisa Rodriguez, (WEINBERG, WHEELER, HUDGINS, GUNN & DIAL, LLC), (SPENCER FANE LLP), (CITY OF NORTH LAS VEGAS) |
| Title |
MEET KOSTAN LATHOURIS |
| Citation |
29-JUL Nevada Lawyer 31 (July, 2021) |
| Summary |
When Kostan Lathouris entered law school, he had a different focus than most. He wanted to better position himself to be of service to his tribe: the Chemehuevi (cheh-meh-way-vee) Indian Tribe. And since graduating law school, he has done precisely that. Lathouris serves on the Chemehuevi Tribal Council, which consists of nine members and is the... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Barbara Zaragoza |
MILITARIZED PICNICS: A COMPARATIVE ANALYSIS OF PEACE PARKS AT THE U.S.-MEXICO AND U.S.-CANADIAN BORDERS |
51 California Western International Law Journal 457 (Spring, 2021) |
C1-2Table of Contents Introduction. 458 I. The Borderlands of the United States: Two Parks, Two Boundaries, Two Regulatory Agencies. 462 A. Peace Parks at the Borderlands. 462 1. Peace Arch Park. 464 2. Friendship Park. 467 B. The Sovereign State and the Creation of Borders. 473 1. The United States-Canadian Border. 473 2. The International... |
2021 |
Yes |
| Author |
Barbara Zaragoza |
| Title |
MILITARIZED PICNICS: A COMPARATIVE ANALYSIS OF PEACE PARKS AT THE U.S.-MEXICO AND U.S.-CANADIAN BORDERS |
| Citation |
51 California Western International Law Journal 457 (Spring, 2021) |
| Summary |
C1-2Table of Contents Introduction. 458 I. The Borderlands of the United States: Two Parks, Two Boundaries, Two Regulatory Agencies. 462 A. Peace Parks at the Borderlands. 462 1. Peace Arch Park. 464 2. Friendship Park. 467 B. The Sovereign State and the Creation of Borders. 473 1. The United States-Canadian Border. 473 2. The International... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Jonathan Riedel |
MIRRORED HARMS: UNINTENDED CONSEQUENCES IN THE GRANT OF TRIBAL COURT JURISDICTION OVER NON-INDIAN ABUSERS |
45 American Indian Law Review 211 (2021) |
Rates of domestic violence are astonishingly high in Indian Country. More than half of Indian women have experienced physical violence in their lifetimes. They are twice as likely to experience rape as white women and to experience more violent rape when it occurs. Their plight is also deeply intertwined with race: 90% of women reported that the... |
2021 |
|
| Author |
Jonathan Riedel |
| Title |
MIRRORED HARMS: UNINTENDED CONSEQUENCES IN THE GRANT OF TRIBAL COURT JURISDICTION OVER NON-INDIAN ABUSERS |
| Citation |
45 American Indian Law Review 211 (2021) |
| Summary |
Rates of domestic violence are astonishingly high in Indian Country. More than half of Indian women have experienced physical violence in their lifetimes. They are twice as likely to experience rape as white women and to experience more violent rape when it occurs. Their plight is also deeply intertwined with race: 90% of women reported that the... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Heather Sauyaq Jean Gordon , Travis W.M. Roberts , Management and Program Analyst, Administration for Native Americans, Department of Health and Human Services, Program Analyst, Administration for Native Americans, Department of Health and Human Services |
MISSING OR MURDERED INDIGENOUS PEOPLE: CULTURALLY BASED PREVENTION STRATEGIES |
69 Department of Justice Journal of Federal Law and Practice 47 (January, 2021) |
To address the ongoing crisis of missing or murdered Indigenous persons (MMIP), we must explore the historical context that led to the extent of the victimization today. The issue is steeped in centuries of interracial physical and cultural violence carried out through colonial oppression of Indigenous peoples. What began with European... |
2021 |
|
| Author |
Heather Sauyaq Jean Gordon , Travis W.M. Roberts , Management and Program Analyst, Administration for Native Americans, Department of Health and Human Services, Program Analyst, Administration for Native Americans, Department of Health and Human Services |
| Title |
MISSING OR MURDERED INDIGENOUS PEOPLE: CULTURALLY BASED PREVENTION STRATEGIES |
| Citation |
69 Department of Justice Journal of Federal Law and Practice 47 (January, 2021) |
| Summary |
To address the ongoing crisis of missing or murdered Indigenous persons (MMIP), we must explore the historical context that led to the extent of the victimization today. The issue is steeped in centuries of interracial physical and cultural violence carried out through colonial oppression of Indigenous peoples. What began with European... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Delaney Perl |
MITIGATING DISPARITIES IN ACCESS TO HEALTHCARE AMONG NATIVE AMERICAN COMMUNITIES THROUGH TELEHEALTH |
30 Annals of Health Law Advance Directive 247 (Spring, 2021) |
Marginalized communities have long suffered from various health disparities including access to healthcare. Native Americans in particular suffer from a wide range of socioeconomic, physical, and mental health disparities. More than twenty-five percent of Native Americans are living in poverty, and in some reservations, the rate of unemployment is... |
2021 |
|
| Author |
Delaney Perl |
| Title |
MITIGATING DISPARITIES IN ACCESS TO HEALTHCARE AMONG NATIVE AMERICAN COMMUNITIES THROUGH TELEHEALTH |
| Citation |
30 Annals of Health Law Advance Directive 247 (Spring, 2021) |
| Summary |
Marginalized communities have long suffered from various health disparities including access to healthcare. Native Americans in particular suffer from a wide range of socioeconomic, physical, and mental health disparities. More than twenty-five percent of Native Americans are living in poverty, and in some reservations, the rate of unemployment is... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Cody Uyeda |
MOUNTAINS, TELESCOPES, AND BROKEN PROMISES: THE DIGNITY TAKING OF HAWAII'S CEDED LANDS |
28 Asian American Law Journal 65 (2021) |
Introduction. 66 I. Why Native Hawaiian Dignity Restoration Matters Today. 67 A. Bettering Native Hawaiian Health. 67 B. Re-Righting Hawaiian History. 69 II. Hawaii's Annexation and Formation of the Ceded Lands. 70 A. Overthrow and Annexation. 70 B. Formation of Hawaii's Ceded Lands. 71 C. The Ceded Lands Dispute. 74 D. The Ceded Lands Today. 76... |
2021 |
|
| Author |
Cody Uyeda |
| Title |
MOUNTAINS, TELESCOPES, AND BROKEN PROMISES: THE DIGNITY TAKING OF HAWAII'S CEDED LANDS |
| Citation |
28 Asian American Law Journal 65 (2021) |
| Summary |
Introduction. 66 I. Why Native Hawaiian Dignity Restoration Matters Today. 67 A. Bettering Native Hawaiian Health. 67 B. Re-Righting Hawaiian History. 69 II. Hawaii's Annexation and Formation of the Ceded Lands. 70 A. Overthrow and Annexation. 70 B. Formation of Hawaii's Ceded Lands. 71 C. The Ceded Lands Dispute. 74 D. The Ceded Lands Today. 76... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| André B. Rosay , Professor of Justice & Associate Dean, College of Health, University of Alaska Anchorage |
NATIONAL SURVEY ESTIMATES OF VIOLENCE AGAINST AMERICAN INDIAN AND ALASKA NATIVE PEOPLE |
69 Department of Justice Journal of Federal Law and Practice 91 (January, 2021) |
When one in three Native American women will be raped in their lifetimes, that is an assault on our national conscience; it is an affront to our shared humanity; it is something that we cannot allow to continue. Advocates, researchers, practitioners, and policymakers are increasingly working together to raise awareness on the level of violence... |
2021 |
|
| Author |
André B. Rosay , Professor of Justice & Associate Dean, College of Health, University of Alaska Anchorage |
| Title |
NATIONAL SURVEY ESTIMATES OF VIOLENCE AGAINST AMERICAN INDIAN AND ALASKA NATIVE PEOPLE |
| Citation |
69 Department of Justice Journal of Federal Law and Practice 91 (January, 2021) |
| Summary |
When one in three Native American women will be raped in their lifetimes, that is an assault on our national conscience; it is an affront to our shared humanity; it is something that we cannot allow to continue. Advocates, researchers, practitioners, and policymakers are increasingly working together to raise awareness on the level of violence... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| John Taschner |
NATIVE HAWAIIANS' DISPROPORTIONAL INCARCERATION RATES LEADING TO DISPROPORTIONAL JAIL DEATHS |
21 Journal of Law in Society 93 (Winter, 2021) |
Introduction. 93 I. Native Hawaiians: Historically High Rates of Incarceration. 96 A. The Native Hawaiian Diaspora: Legacy of Inequality and Struggle. 99 II. Native Hawaiians and Justice: Incarceration of Hawaiian Community and Hawaiian Culture. 104 A. Incarcerated Native Hawaiians: High Rates of COVID-19. 106 III. Call for Overdue Reform:... |
2021 |
|
| Author |
John Taschner |
| Title |
NATIVE HAWAIIANS' DISPROPORTIONAL INCARCERATION RATES LEADING TO DISPROPORTIONAL JAIL DEATHS |
| Citation |
21 Journal of Law in Society 93 (Winter, 2021) |
| Summary |
Introduction. 93 I. Native Hawaiians: Historically High Rates of Incarceration. 96 A. The Native Hawaiian Diaspora: Legacy of Inequality and Struggle. 99 II. Native Hawaiians and Justice: Incarceration of Hawaiian Community and Hawaiian Culture. 104 A. Incarcerated Native Hawaiians: High Rates of COVID-19. 106 III. Call for Overdue Reform:... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Katherine M. Cole |
NATIVE TREATIES AND CONDITIONAL RIGHTS AFTER HERRERA |
73 Stanford Law Review 1047 (April, 2021) |
Due to the complex and often troubled history of relations between the United States and Native nations, special rules apply when courts interpret Native treaties. For example, when interpreting the scope of treaty rights, courts apply a unique set of canons of construction generally favoring the Native nations. Further, before courts... |
2021 |
Yes |
| Author |
Katherine M. Cole |
| Title |
NATIVE TREATIES AND CONDITIONAL RIGHTS AFTER HERRERA |
| Citation |
73 Stanford Law Review 1047 (April, 2021) |
| Summary |
Due to the complex and often troubled history of relations between the United States and Native nations, special rules apply when courts interpret Native treaties. For example, when interpreting the scope of treaty rights, courts apply a unique set of canons of construction generally favoring the Native nations. Further, before courts... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Ndjuoh MehChu |
NICKELS AND DIMES? RETHINKING THE IMPOSITION OF SPECIAL ASSESSMENT FEES ON INDIGENT DEFENDANTS |
99 North Carolina Law Review 1477 (September, 2021) |
The Eighth Amendment to the U.S. Constitution bars the imposition of excessive fines. Despite this seemingly straightforward mandate, case law is not harmonious on the meaning of excessive under the Eighth Amendment. Significant questions persist as to whether imposing an economic sanction on a defendant that lacks any ability to pay is... |
2021 |
|
| Author |
Ndjuoh MehChu |
| Title |
NICKELS AND DIMES? RETHINKING THE IMPOSITION OF SPECIAL ASSESSMENT FEES ON INDIGENT DEFENDANTS |
| Citation |
99 North Carolina Law Review 1477 (September, 2021) |
| Summary |
The Eighth Amendment to the U.S. Constitution bars the imposition of excessive fines. Despite this seemingly straightforward mandate, case law is not harmonious on the meaning of excessive under the Eighth Amendment. Significant questions persist as to whether imposing an economic sanction on a defendant that lacks any ability to pay is... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
|
NONDELEGATION'S UNPRINCIPLED FOREIGN AFFAIRS EXCEPTIONALISM |
134 Harvard Law Review 1132 (January, 2021) |
In their efforts to restrain the administrative state, the Supreme Court's conservative Justices face a quandary: The source of administrative agencies' power--statutory delegations from Congress--is also responsible for much of the presidential authority over foreign affairs and national security that these Justices hold in high regard. Consider... |
2021 |
|
| Author |
|
| Title |
NONDELEGATION'S UNPRINCIPLED FOREIGN AFFAIRS EXCEPTIONALISM |
| Citation |
134 Harvard Law Review 1132 (January, 2021) |
| Summary |
In their efforts to restrain the administrative state, the Supreme Court's conservative Justices face a quandary: The source of administrative agencies' power--statutory delegations from Congress--is also responsible for much of the presidential authority over foreign affairs and national security that these Justices hold in high regard. Consider... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Jessica Tueller |
NOT HERS ALONE: VICTIM STANDING BEFORE THE CEDAW COMMITTEE AFTER M.W. v. DENMARK |
131 Yale Law Journal 256 (October, 2021) |
M.W. v. Denmark constitutes the first case in which the Committee on the Elimination of Discrimination against Women (CEDAW Committee) granted victim standing to an individual who did not identify as a woman to allege a violation of their rights under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).... |
2021 |
|
| Author |
Jessica Tueller |
| Title |
NOT HERS ALONE: VICTIM STANDING BEFORE THE CEDAW COMMITTEE AFTER M.W. v. DENMARK |
| Citation |
131 Yale Law Journal 256 (October, 2021) |
| Summary |
M.W. v. Denmark constitutes the first case in which the Committee on the Elimination of Discrimination against Women (CEDAW Committee) granted victim standing to an individual who did not identify as a woman to allege a violation of their rights under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Michele Statz, PhD |
ON SHARED SUFFERING: JUDICIAL INTIMACY IN THE RURAL NORTHLAND |
55 Law and Society Review 5 (March, 2021) |
Rural state and tribal court judges in the upper US Midwest offer an embodied alternative to prevailing understandings of access to justice. Owing to the high density of social acquaintanceship, coupled with the rise in unrepresented litigants and the impossibility of most proposed state access to justice initiatives, what ultimately makes a... |
2021 |
|
| Author |
Michele Statz, PhD |
| Title |
ON SHARED SUFFERING: JUDICIAL INTIMACY IN THE RURAL NORTHLAND |
| Citation |
55 Law and Society Review 5 (March, 2021) |
| Summary |
Rural state and tribal court judges in the upper US Midwest offer an embodied alternative to prevailing understandings of access to justice. Owing to the high density of social acquaintanceship, coupled with the rise in unrepresented litigants and the impossibility of most proposed state access to justice initiatives, what ultimately makes a... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Michael McCann , Filiz Kahraman |
ON THE INTERDEPENDENCE OF LIBERAL AND ILLIBERAL/AUTHORITARIAN LEGAL FORMS IN RACIAL CAPITALIST REGIMES . THE CASE OF THE UNITED STATES |
17 Annual Review of Law and Social Science 483 (2021) |
legal orders, race and inequality, labor, capitalism, authoritarianism, liberalism Scholars conventionally distinguish between liberal and illiberal, or authoritarian, legal orders. Such distinctions are useful but often simplistic and misleading, as many regimes are governed by plural, dual, or hybrid legal institutions, principles, and practices.... |
2021 |
|
| Author |
Michael McCann , Filiz Kahraman |
| Title |
ON THE INTERDEPENDENCE OF LIBERAL AND ILLIBERAL/AUTHORITARIAN LEGAL FORMS IN RACIAL CAPITALIST REGIMES . THE CASE OF THE UNITED STATES |
| Citation |
17 Annual Review of Law and Social Science 483 (2021) |
| Summary |
legal orders, race and inequality, labor, capitalism, authoritarianism, liberalism Scholars conventionally distinguish between liberal and illiberal, or authoritarian, legal orders. Such distinctions are useful but often simplistic and misleading, as many regimes are governed by plural, dual, or hybrid legal institutions, principles, and practices.... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Fred O. Smith, Jr. |
ON TIME, (IN)EQUALITY, AND DEATH |
120 Michigan Law Review 195 (November, 2021) |
In recent years, American institutions have inadvertently encountered the bodies of former slaves with increasing frequency. Pledges of respect are common features of these discoveries, accompanied by cultural debates about what respect means. Often embedded in these debates is an intuition that there is something special about respecting the... |
2021 |
|
| Author |
Fred O. Smith, Jr. |
| Title |
ON TIME, (IN)EQUALITY, AND DEATH |
| Citation |
120 Michigan Law Review 195 (November, 2021) |
| Summary |
In recent years, American institutions have inadvertently encountered the bodies of former slaves with increasing frequency. Pledges of respect are common features of these discoveries, accompanied by cultural debates about what respect means. Often embedded in these debates is an intuition that there is something special about respecting the... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Ross Ballantyne |
ONCE BITTEN, TWICE SHY: THE SUPREME COURT'S MISGUIDED DOUBLING DOWN ON THE DUAL SOVEREIGNS EXCEPTION TO THE FIFTH AMENDMENT'S DOUBLE JEOPARDY CLAUSE |
26 Suffolk Journal of Trial and Appellate Advocacy 49 (2020-2021) |
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life... |
2021 |
Yes |
| Author |
Ross Ballantyne |
| Title |
ONCE BITTEN, TWICE SHY: THE SUPREME COURT'S MISGUIDED DOUBLING DOWN ON THE DUAL SOVEREIGNS EXCEPTION TO THE FIFTH AMENDMENT'S DOUBLE JEOPARDY CLAUSE |
| Citation |
26 Suffolk Journal of Trial and Appellate Advocacy 49 (2020-2021) |
| Summary |
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
|
PANEL DISCUSSION |
31 Albany Law Journal of Science and Technology 164 (2021) |
Thank you. We are just going to take a brief second so that we can get the panelists started. Today's panel will be moderated by Professor Ciji Dodds. Professor Dodds earned her BA in African American studies and mass communications from the University of North Carolina at Chapel Hill. She went on to earn her JD cum laude from Howard University... |
2021 |
|
| Author |
|
| Title |
PANEL DISCUSSION |
| Citation |
31 Albany Law Journal of Science and Technology 164 (2021) |
| Summary |
Thank you. We are just going to take a brief second so that we can get the panelists started. Today's panel will be moderated by Professor Ciji Dodds. Professor Dodds earned her BA in African American studies and mass communications from the University of North Carolina at Chapel Hill. She went on to earn her JD cum laude from Howard University... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|