| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Maria Conversa |
RIGHTING THE WRONGS OF NATIVE AMERICAN REMOVAL AND ADVOCATING FOR TRIBAL RECOGNITION: A BINDING PROMISE, THE TRAIL OF TEARS, AND THE PHILOSOPHY OF RESTORATIVE JUSTICE |
54 UIC Law Review 933 (Winter 2021) |
I. Introduction. 934 II. Background. 936 A. Indian Major Crimes Act (MCA): What is Included?. 936 B. Hostility - The Context of the Treaties. 936 1. Creek Occupancy Over Eastern Lands. 937 2. 1832 Treaty with the Creeks. 938 3. Tribal Recognition in the Courts: The Marshall Trilogy. 939 4. Abrading Tribal Authority: Trail of Tears through... |
2021 |
|
| Author |
Maria Conversa |
| Title |
RIGHTING THE WRONGS OF NATIVE AMERICAN REMOVAL AND ADVOCATING FOR TRIBAL RECOGNITION: A BINDING PROMISE, THE TRAIL OF TEARS, AND THE PHILOSOPHY OF RESTORATIVE JUSTICE |
| Citation |
54 UIC Law Review 933 (Winter 2021) |
| Summary |
I. Introduction. 934 II. Background. 936 A. Indian Major Crimes Act (MCA): What is Included?. 936 B. Hostility - The Context of the Treaties. 936 1. Creek Occupancy Over Eastern Lands. 937 2. 1832 Treaty with the Creeks. 938 3. Tribal Recognition in the Courts: The Marshall Trilogy. 939 4. Abrading Tribal Authority: Trail of Tears through... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Emily N. Donahoe |
RISING SEAS AND RISING TENSIONS: ENCOURAGING MANAGED RETREAT STRATEGIES DURING THE CALM BETWEEN STORMS |
12 George Washington Journal of Energy & Environmental Law 65 (Spring, 2021) |
Millions of U.S. residents face an increasing risk of property loss due to sea level rise, repeated flooding, and climate disasters. As the ocean washes away waterfront towns, residents and government officials are faced with a difficult question: how will the nation choose to protect its most vulnerable communities from the inevitable effects of... |
2021 |
Yes |
| Author |
Emily N. Donahoe |
| Title |
RISING SEAS AND RISING TENSIONS: ENCOURAGING MANAGED RETREAT STRATEGIES DURING THE CALM BETWEEN STORMS |
| Citation |
12 George Washington Journal of Energy & Environmental Law 65 (Spring, 2021) |
| Summary |
Millions of U.S. residents face an increasing risk of property loss due to sea level rise, repeated flooding, and climate disasters. As the ocean washes away waterfront towns, residents and government officials are faced with a difficult question: how will the nation choose to protect its most vulnerable communities from the inevitable effects of... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Kristin Peer , Stacy Gillespie |
SAFEGUARDING WATER QUALITY IN FEDERAL LICENSING DECISIONS: CALIFORNIA'S RESPONSE TO RECENT CONSTRAINTS ON CLEAN WATER ACT SECTION 401 CERTIFICATION AUTHORITY |
13 Golden Gate University Environmental Law Journal 1 (Spring, 2021) |
Pursuant to Clean Water Act section 401, state water quality certification authority to regulate federally-licensed energy projects has been relatively well settled for decades. Long-standing precedents from the U.S. Supreme Court, other federal courts, the U.S. Environmental Protection Agency (U.S. EPA), and implementation of certification... |
2021 |
|
| Author |
Kristin Peer , Stacy Gillespie |
| Title |
SAFEGUARDING WATER QUALITY IN FEDERAL LICENSING DECISIONS: CALIFORNIA'S RESPONSE TO RECENT CONSTRAINTS ON CLEAN WATER ACT SECTION 401 CERTIFICATION AUTHORITY |
| Citation |
13 Golden Gate University Environmental Law Journal 1 (Spring, 2021) |
| Summary |
Pursuant to Clean Water Act section 401, state water quality certification authority to regulate federally-licensed energy projects has been relatively well settled for decades. Long-standing precedents from the U.S. Supreme Court, other federal courts, the U.S. Environmental Protection Agency (U.S. EPA), and implementation of certification... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Sarah A. Husk |
SCATTERED TO THE WINDS?: STRENGTHENING THE NATIONAL HISTORIC PRESERVATION ACT'S TRIBAL CONSULTATION MANDATE TO PROTECT NATIVE AMERICAN SACRED SITES IN THE RENEWABLE ENERGY DEVELOPMENT ERA |
34 Tulane Environmental Law Journal 273 (Summer, 2021) |
As renewable energy development, and particularly wind energy development, ascends to prominence in the United States' national energy agenda, significant attention has been paid to developing these resources on and adjacent to lands currently or ancestrally occupied by Native American Indian tribes. While many tribes have demonstrated eagerness to... |
2021 |
|
| Author |
Sarah A. Husk |
| Title |
SCATTERED TO THE WINDS?: STRENGTHENING THE NATIONAL HISTORIC PRESERVATION ACT'S TRIBAL CONSULTATION MANDATE TO PROTECT NATIVE AMERICAN SACRED SITES IN THE RENEWABLE ENERGY DEVELOPMENT ERA |
| Citation |
34 Tulane Environmental Law Journal 273 (Summer, 2021) |
| Summary |
As renewable energy development, and particularly wind energy development, ascends to prominence in the United States' national energy agenda, significant attention has been paid to developing these resources on and adjacent to lands currently or ancestrally occupied by Native American Indian tribes. While many tribes have demonstrated eagerness to... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Megan Mallonee |
SELECTIVE JUSTICE: A CRISIS OF MISSING AND MURDERED ALASKA NATIVE WOMEN |
38 Alaska Law Review 93 (June, 2021) |
Across the country, Indigenous women are murdered more than any other population and go missing at disproportionate rates. This crisis of missing and murdered Indigenous women is amplified in Alaska, where the vast landscape, a confusing jurisdictional scheme, and a history of systemic racism all create significant barriers to justice for Alaska... |
2021 |
|
| Author |
Megan Mallonee |
| Title |
SELECTIVE JUSTICE: A CRISIS OF MISSING AND MURDERED ALASKA NATIVE WOMEN |
| Citation |
38 Alaska Law Review 93 (June, 2021) |
| Summary |
Across the country, Indigenous women are murdered more than any other population and go missing at disproportionate rates. This crisis of missing and murdered Indigenous women is amplified in Alaska, where the vast landscape, a confusing jurisdictional scheme, and a history of systemic racism all create significant barriers to justice for Alaska... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Priya Baskaran |
SERVICE, SCHOLARSHIP, AND RADICAL CITATION PRACTICE |
73 Rutgers University Law Review 891 (Spring, 2021) |
C1-3Table of Contents I. Introduction. 891 II. Invisible and Unrewarded Service Burdens. 895 A. PoC Lunches--Creating Counter Space. 896 B. Informal Mentoring of Students. 898 III. Scholarship Promotion & Critical Legal Research. 902 A. Time is NOT on Your Side. 902 B. The Legal Scholarship Hegemony. 903 C. The Politics of Citation. 905 D. A Path... |
2021 |
|
| Author |
Priya Baskaran |
| Title |
SERVICE, SCHOLARSHIP, AND RADICAL CITATION PRACTICE |
| Citation |
73 Rutgers University Law Review 891 (Spring, 2021) |
| Summary |
C1-3Table of Contents I. Introduction. 891 II. Invisible and Unrewarded Service Burdens. 895 A. PoC Lunches--Creating Counter Space. 896 B. Informal Mentoring of Students. 898 III. Scholarship Promotion & Critical Legal Research. 902 A. Time is NOT on Your Side. 902 B. The Legal Scholarship Hegemony. 903 C. The Politics of Citation. 905 D. A Path... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Alexander Schultz |
SOVEREIGN IMMUNITY AND THE TWO TIERS OF ARTICLE III |
29 George Mason Law Review 287 (Fall, 2021) |
It is time to return sovereign immunity doctrine to the Constitution's text. To that end, this Article resurrects the forgotten extension of the judicial Power to all Cases of federal question, admiralty, and ambassadorial jurisdiction, but merely to [some] Controversies between individuals and States (and five other categories of... |
2021 |
Yes |
| Author |
Alexander Schultz |
| Title |
SOVEREIGN IMMUNITY AND THE TWO TIERS OF ARTICLE III |
| Citation |
29 George Mason Law Review 287 (Fall, 2021) |
| Summary |
It is time to return sovereign immunity doctrine to the Constitution's text. To that end, this Article resurrects the forgotten extension of the judicial Power to all Cases of federal question, admiralty, and ambassadorial jurisdiction, but merely to [some] Controversies between individuals and States (and five other categories of... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Brent D. Chicken, Amanda J. Dick |
SOVEREIGN LANDS |
7 One J: Oil and Gas, Natural Resources, and Energy Journal 499 (December, 2021) |
C1-2Table of Contents I. Introduction. 499 II. Federal Regulatory Developments. 500 A. Amendments. 500 B. New Rules. 502 III. Judicial Developments. 503 A. Moratorium on Federal Leases. 503 B. The Waste Prevention Rule. 504 C. Subject Matter Jurisdiction Under the Indian Tucker Act. 505 |
2021 |
Yes |
| Author |
Brent D. Chicken, Amanda J. Dick |
| Title |
SOVEREIGN LANDS |
| Citation |
7 One J: Oil and Gas, Natural Resources, and Energy Journal 499 (December, 2021) |
| Summary |
C1-2Table of Contents I. Introduction. 499 II. Federal Regulatory Developments. 500 A. Amendments. 500 B. New Rules. 502 III. Judicial Developments. 503 A. Moratorium on Federal Leases. 503 B. The Waste Prevention Rule. 504 C. Subject Matter Jurisdiction Under the Indian Tucker Act. 505 |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Jeremy Rabkin |
SOVEREIGNTY AS A BRAKE ON NATIONALISM |
17 University of Saint Thomas Law Journal 611 (Fall, 2021) |
Even before the coronavirus pandemic, there were loud protests against globalism or globalization--terms that seemed to denote (to critics) the erasure of national boundaries. Such protests were often characterized as nationalist. Sometimes they were described as protests against threats to national sovereignty. The rhetoric might seem... |
2021 |
Yes |
| Author |
Jeremy Rabkin |
| Title |
SOVEREIGNTY AS A BRAKE ON NATIONALISM |
| Citation |
17 University of Saint Thomas Law Journal 611 (Fall, 2021) |
| Summary |
Even before the coronavirus pandemic, there were loud protests against globalism or globalization--terms that seemed to denote (to critics) the erasure of national boundaries. Such protests were often characterized as nationalist. Sometimes they were described as protests against threats to national sovereignty. The rhetoric might seem... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Theresa Rocha Beardall, J.D., Ph.D. |
SOVEREIGNTY THREAT: LOREAL TSINGINE, POLICING, AND THE INTERSECTIONALITY OF INDIGENOUS DEATH |
21 Nevada Law Journal 1025 (Spring, 2021) |
In March 2016, Loreal Tsingine, a twenty-seven-year-old Diné mother living in Winslow, Arizona, was killed by Officer Austin Shipley. After two investigations insinuated that Shipley was justified in using fatal force to take Ms. Tsingine's life, the Navajo Nation filed two suits in federal court: one against the city claiming that the Winslow... |
2021 |
Yes |
| Author |
Theresa Rocha Beardall, J.D., Ph.D. |
| Title |
SOVEREIGNTY THREAT: LOREAL TSINGINE, POLICING, AND THE INTERSECTIONALITY OF INDIGENOUS DEATH |
| Citation |
21 Nevada Law Journal 1025 (Spring, 2021) |
| Summary |
In March 2016, Loreal Tsingine, a twenty-seven-year-old Diné mother living in Winslow, Arizona, was killed by Officer Austin Shipley. After two investigations insinuated that Shipley was justified in using fatal force to take Ms. Tsingine's life, the Navajo Nation filed two suits in federal court: one against the city claiming that the Winslow... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Darrah Blackwater |
SPECTRUM SOVEREIGNTY |
57-AUG Arizona Attorney 50 (July/August, 2021) |
The Legend of Turquoise Boy tells a tale of a Diné boy who seeks to make life easier for his people by helping them get from place to place efficiently. Turquoise Boy, son of Changing Woman, takes a harrowing journey across a rainbow bridge to seek help from his father, Tsohanoai, or Sun Bearer. At first, Sun Bearer does not help the boy. I travel... |
2021 |
Yes |
| Author |
Darrah Blackwater |
| Title |
SPECTRUM SOVEREIGNTY |
| Citation |
57-AUG Arizona Attorney 50 (July/August, 2021) |
| Summary |
The Legend of Turquoise Boy tells a tale of a Diné boy who seeks to make life easier for his people by helping them get from place to place efficiently. Turquoise Boy, son of Changing Woman, takes a harrowing journey across a rainbow bridge to seek help from his father, Tsohanoai, or Sun Bearer. At first, Sun Bearer does not help the boy. I travel... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Jesse D.H. Snyder |
STARE DECISIS IS FOR PIRATES |
73 Oklahoma Law Review 245 (Winter, 2021) |
The legal podcast Strict Scrutiny has adopted, and is merchandising, the catchy phrase, Stare decisis is for suckers. Doubtless the phrase is a rally cry for a podcast whose platform is unvarnished, respectfully irreverent takes on the U.S. Supreme Court. But before purchasing the hat or hoodie with the phrase emblazoned, it is worth asking to... |
2021 |
|
| Author |
Jesse D.H. Snyder |
| Title |
STARE DECISIS IS FOR PIRATES |
| Citation |
73 Oklahoma Law Review 245 (Winter, 2021) |
| Summary |
The legal podcast Strict Scrutiny has adopted, and is merchandising, the catchy phrase, Stare decisis is for suckers. Doubtless the phrase is a rally cry for a podcast whose platform is unvarnished, respectfully irreverent takes on the U.S. Supreme Court. But before purchasing the hat or hoodie with the phrase emblazoned, it is worth asking to... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Kaylee Snyder |
STATE v. NOBLES: CHANCE TO SETTLE NEEDLESS JURISDICTIONAL TURBULENCE |
45 American Indian Law Review 361 (2021) |
Under the Major Crimes Act (MCA), federal courts have exclusive jurisdiction over several enumerated criminal offenses that occur in Indian Country and are committed by Indians. When an individual is an enrolled member of a federally recognized tribe, Indian status is easily established and federal courts hold the authority to prosecute. A... |
2021 |
|
| Author |
Kaylee Snyder |
| Title |
STATE v. NOBLES: CHANCE TO SETTLE NEEDLESS JURISDICTIONAL TURBULENCE |
| Citation |
45 American Indian Law Review 361 (2021) |
| Summary |
Under the Major Crimes Act (MCA), federal courts have exclusive jurisdiction over several enumerated criminal offenses that occur in Indian Country and are committed by Indians. When an individual is an enrolled member of a federally recognized tribe, Indian status is easily established and federal courts hold the authority to prosecute. A... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Dana Lloyd, Assistant Professor of Global Interdisciplinary Studies, Villanova University |
STORYTELLING AND THE HIGH COUNTRY: READING LYNG v. NORTHWEST INDIAN CEMETERY PROTECTIVE ASSOCIATION (1988) |
36 Journal of Law and Religion 181 (August, 2021) |
In Lyng v. Northwest Indian Cemetery Protective Association, 485 U.S. 439 (1988), the Supreme Court declared constitutional the Forest Service's development plan in an area of the Six Rivers National Forest (known as the High Country) that is central to the religious practice of the Yurok, Karuk, and Tolowa Nations. The Court admitted that [i]t is... |
2021 |
|
| Author |
Dana Lloyd, Assistant Professor of Global Interdisciplinary Studies, Villanova University |
| Title |
STORYTELLING AND THE HIGH COUNTRY: READING LYNG v. NORTHWEST INDIAN CEMETERY PROTECTIVE ASSOCIATION (1988) |
| Citation |
36 Journal of Law and Religion 181 (August, 2021) |
| Summary |
In Lyng v. Northwest Indian Cemetery Protective Association, 485 U.S. 439 (1988), the Supreme Court declared constitutional the Forest Service's development plan in an area of the Six Rivers National Forest (known as the High Country) that is central to the religious practice of the Yurok, Karuk, and Tolowa Nations. The Court admitted that [i]t is... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| James Pollack , Frank Sturges |
STRUGGLING TO FIND A RAPANOS NEXUS: MAUI AND THE EXPANSION OF CLEAN WATER ACT REGULATION |
48 Ecology Law Quarterly 49 (2021) |
The Supreme Court has long struggled to define the scope of federal jurisdiction over pollution control under the Clean Water Act (CWA). During the Court's last term, that issue returned to the forefront in County of Maui, Hawaii v. Hawaii Wildlife Fund. The case involved pollution from a wastewater treatment facility that reached the Pacific Ocean... |
2021 |
|
| Author |
James Pollack , Frank Sturges |
| Title |
STRUGGLING TO FIND A RAPANOS NEXUS: MAUI AND THE EXPANSION OF CLEAN WATER ACT REGULATION |
| Citation |
48 Ecology Law Quarterly 49 (2021) |
| Summary |
The Supreme Court has long struggled to define the scope of federal jurisdiction over pollution control under the Clean Water Act (CWA). During the Court's last term, that issue returned to the forefront in County of Maui, Hawaii v. Hawaii Wildlife Fund. The case involved pollution from a wastewater treatment facility that reached the Pacific Ocean... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Matthew B. Lawrence |
SUBORDINATION AND SEPARATION OF POWERS |
131 Yale Law Journal 78 (October, 2021) |
This Article calls for the incorporation of antisubordination into separation-of-powers analysis. Scholars analyzing separation-of-powers tools-- laws and norms that divide power among government actors--consider a long list of values ranging from protecting liberty to promoting efficiency. Absent from this list are questions of equity:... |
2021 |
|
| Author |
Matthew B. Lawrence |
| Title |
SUBORDINATION AND SEPARATION OF POWERS |
| Citation |
131 Yale Law Journal 78 (October, 2021) |
| Summary |
This Article calls for the incorporation of antisubordination into separation-of-powers analysis. Scholars analyzing separation-of-powers tools-- laws and norms that divide power among government actors--consider a long list of values ranging from protecting liberty to promoting efficiency. Absent from this list are questions of equity:... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Dillon Dobson |
SUSTAINABLE RED POWER: TRIBAL ENERGY SOVEREIGNTY AND THE WAY FORWARD |
12 Arizona Journal of Environmental Law & Policy 40 (Fall, 2021) |
Tribes are not vestiges of the past, but laboratories of the future. Vine Deloria Jr. This article will examine how tribes can synthesize Indigenous ingenuity and federal self-determination policy to strengthen their cultural and political institutions by developing sophisticated solar-based microgrids and leveraging blockchain technology. This... |
2021 |
Yes |
| Author |
Dillon Dobson |
| Title |
SUSTAINABLE RED POWER: TRIBAL ENERGY SOVEREIGNTY AND THE WAY FORWARD |
| Citation |
12 Arizona Journal of Environmental Law & Policy 40 (Fall, 2021) |
| Summary |
Tribes are not vestiges of the past, but laboratories of the future. Vine Deloria Jr. This article will examine how tribes can synthesize Indigenous ingenuity and federal self-determination policy to strengthen their cultural and political institutions by developing sophisticated solar-based microgrids and leveraging blockchain technology. This... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Heather J. Tanana, John C. Ruple |
SYNCHING SCIENCE AND POLICY TO ADDRESS CLIMATE CHANGE IN TRIBAL COMMUNITIES |
36-FALL Natural Resources & Environment 37 (Fall, 2021) |
Climate change is a global environmental problem, and within the United States, the adverse impacts of our changing climate are falling disproportionately on minority and low-income communities. Native Americans and tribal communities are being impacted in unique ways because of their long and deep ties to landscapes that are subject to rapid... |
2021 |
|
| Author |
Heather J. Tanana, John C. Ruple |
| Title |
SYNCHING SCIENCE AND POLICY TO ADDRESS CLIMATE CHANGE IN TRIBAL COMMUNITIES |
| Citation |
36-FALL Natural Resources & Environment 37 (Fall, 2021) |
| Summary |
Climate change is a global environmental problem, and within the United States, the adverse impacts of our changing climate are falling disproportionately on minority and low-income communities. Native Americans and tribal communities are being impacted in unique ways because of their long and deep ties to landscapes that are subject to rapid... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Ruqaiijah Yearby , Seema Mohapatra |
SYSTEMIC RACISM, THE GOVERNMENT'S PANDEMIC RESPONSE, AND RACIAL INEQUITIES IN COVID-19 |
70 Emory Law Journal 1419 (2021) |
During the COVID-19 pandemic, federal and state governments have disregarded racial and ethnic minorities' unequal access to employment and health care, which has resulted in racial inequities in infections and deaths. In addition, they have enacted laws that further exacerbate these inequities. Consequently, many racial and ethnic minorities are... |
2021 |
|
| Author |
Ruqaiijah Yearby , Seema Mohapatra |
| Title |
SYSTEMIC RACISM, THE GOVERNMENT'S PANDEMIC RESPONSE, AND RACIAL INEQUITIES IN COVID-19 |
| Citation |
70 Emory Law Journal 1419 (2021) |
| Summary |
During the COVID-19 pandemic, federal and state governments have disregarded racial and ethnic minorities' unequal access to employment and health care, which has resulted in racial inequities in infections and deaths. In addition, they have enacted laws that further exacerbate these inequities. Consequently, many racial and ethnic minorities are... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Jennifer Danis , Michael Bloom |
TAKING FROM STATES: SOVEREIGN IMMUNITY'S PRECLUSIVE EFFECT ON PRIVATE TAKINGS OF STATE LAND |
32 Stanford Law and Policy Review 59 (February, 2021) |
The core of a state is its physical presence and dominion over its land. States are now battling to maintain their dignity as sovereigns, while traditional tools essential to federalism risk erosion. Private actors, ostensibly empowered by the federal government to condemn land through eminent domain, threaten state sovereignty by attempting to... |
2021 |
Yes |
| Author |
Jennifer Danis , Michael Bloom |
| Title |
TAKING FROM STATES: SOVEREIGN IMMUNITY'S PRECLUSIVE EFFECT ON PRIVATE TAKINGS OF STATE LAND |
| Citation |
32 Stanford Law and Policy Review 59 (February, 2021) |
| Summary |
The core of a state is its physical presence and dominion over its land. States are now battling to maintain their dignity as sovereigns, while traditional tools essential to federalism risk erosion. Private actors, ostensibly empowered by the federal government to condemn land through eminent domain, threaten state sovereignty by attempting to... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Jake Reimer |
TERMINATION: A SOLUTION TO CANADIAN ENTITLEMENT VALUATION DISPUTES |
22 Oregon Review of International Law 223 (2021) |
Introduction. 224 I. Treaty Basics. 225 A. Treaty Entities. 225 B. Treaty Goals and Considerations. 226 C. The Canadian Entitlement and Its Importance. 228 D. Calculating Power Benefits. 229 E. Expiring Flood Control Provision. 231 1. Assured Versus Called-Upon Flood Control. 231 2. What Constitutes a Flood?. 233 F. CRT Termination, Boundary Waters... |
2021 |
Yes |
| Author |
Jake Reimer |
| Title |
TERMINATION: A SOLUTION TO CANADIAN ENTITLEMENT VALUATION DISPUTES |
| Citation |
22 Oregon Review of International Law 223 (2021) |
| Summary |
Introduction. 224 I. Treaty Basics. 225 A. Treaty Entities. 225 B. Treaty Goals and Considerations. 226 C. The Canadian Entitlement and Its Importance. 228 D. Calculating Power Benefits. 229 E. Expiring Flood Control Provision. 231 1. Assured Versus Called-Upon Flood Control. 231 2. What Constitutes a Flood?. 233 F. CRT Termination, Boundary Waters... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Andrew Hammond |
TERRITORIAL EXCEPTIONALISM AND THE AMERICAN WELFARE STATE |
119 Michigan Law Review 1639 (June, 2021) |
Federal law excludes millions of American citizens from crucial public benefits simply because they live in the United States territories. If the Social Security Administration determines a low-income individual has a disability, that person can move to another state and continue to receive benefits. But if that person moves to, say, Guam or the... |
2021 |
|
| Author |
Andrew Hammond |
| Title |
TERRITORIAL EXCEPTIONALISM AND THE AMERICAN WELFARE STATE |
| Citation |
119 Michigan Law Review 1639 (June, 2021) |
| Summary |
Federal law excludes millions of American citizens from crucial public benefits simply because they live in the United States territories. If the Social Security Administration determines a low-income individual has a disability, that person can move to another state and continue to receive benefits. But if that person moves to, say, Guam or the... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Jeff Todd |
THE (DE)MYSTIFICATION OF ENVIRONMENTAL INJUSTICE: A DRAMATISTIC ANALYSIS OF LAW |
93 Temple Law Review 597 (Spring, 2021) |
Although Kenneth Burke is the preeminent rhetorician of the modern era, and his theories have been applied to issues of social change and the environment (including by legal scholars), the role of justice and law in his critical method of dramatism have received only passing treatment. This Article is therefore the first in any discipline to... |
2021 |
|
| Author |
Jeff Todd |
| Title |
THE (DE)MYSTIFICATION OF ENVIRONMENTAL INJUSTICE: A DRAMATISTIC ANALYSIS OF LAW |
| Citation |
93 Temple Law Review 597 (Spring, 2021) |
| Summary |
Although Kenneth Burke is the preeminent rhetorician of the modern era, and his theories have been applied to issues of social change and the environment (including by legal scholars), the role of justice and law in his critical method of dramatism have received only passing treatment. This Article is therefore the first in any discipline to... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| William Wood |
THE (POTENTIAL) LEGAL HISTORY OF INDIAN GAMING |
63 Arizona Law Review 969 (Winter 2021) |
Indian gaming--casinos owned, operated, and regulated by Indian tribes--has been a transformative force for many Indigenous nations over the past few decades. The conventional narrative is that Indian gaming began when the Seminole Tribe of Florida opened a bingo hall in 1979, other tribes began operating bingo, litigation ensued across the... |
2021 |
|
| Author |
William Wood |
| Title |
THE (POTENTIAL) LEGAL HISTORY OF INDIAN GAMING |
| Citation |
63 Arizona Law Review 969 (Winter 2021) |
| Summary |
Indian gaming--casinos owned, operated, and regulated by Indian tribes--has been a transformative force for many Indigenous nations over the past few decades. The conventional narrative is that Indian gaming began when the Seminole Tribe of Florida opened a bingo hall in 1979, other tribes began operating bingo, litigation ensued across the... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Matthew Doyle , University of Sussex |
THE CASE OF PIRUANI: CONTESTED JUSTICE, LEGAL PLURALISM, AND INDIGENEITY IN HIGHLAND BOLIVIA |
44 PoLAR: Political and Legal Anthropology Review 60 (May, 2021) |
The 2009 Bolivian constitution included provisions that establish a radical form of de jure legal pluralism by creating a parallel legal system that gives full recognition to the nonstate legal orders and forms of conflict resolution of Indigenous communities. This article examines how a land dispute within a Bolivian highland Indigenous community... |
2021 |
|
| Author |
Matthew Doyle , University of Sussex |
| Title |
THE CASE OF PIRUANI: CONTESTED JUSTICE, LEGAL PLURALISM, AND INDIGENEITY IN HIGHLAND BOLIVIA |
| Citation |
44 PoLAR: Political and Legal Anthropology Review 60 (May, 2021) |
| Summary |
The 2009 Bolivian constitution included provisions that establish a radical form of de jure legal pluralism by creating a parallel legal system that gives full recognition to the nonstate legal orders and forms of conflict resolution of Indigenous communities. This article examines how a land dispute within a Bolivian highland Indigenous community... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| The Honorable Bradley Letts, Senior Resident Superior Court Judge |
THE CHEROKEE TRIBAL COURT: ITS ORIGINS AND ITS PLACE IN THE AMERICAN JUDICIAL SYSTEM |
43 Campbell Law Review 47 (Winter, 2021) |
I. Introduction. 48 II. The Cherokee Court. 49 A. The Cherokee Court Established in 1820. 49 B. Courts of Indian Offenses in Indian Country. 51 C. The Establishment of the CFR Court in Cherokee. 55 D. The Reestablishment of the Cherokee Tribal Court. 58 III. Tribal Court Exhaustion. 61 A. The Doctrine of Tribal Court Exhaustion. 61 B. The Cherokee... |
2021 |
|
| Author |
The Honorable Bradley Letts, Senior Resident Superior Court Judge |
| Title |
THE CHEROKEE TRIBAL COURT: ITS ORIGINS AND ITS PLACE IN THE AMERICAN JUDICIAL SYSTEM |
| Citation |
43 Campbell Law Review 47 (Winter, 2021) |
| Summary |
I. Introduction. 48 II. The Cherokee Court. 49 A. The Cherokee Court Established in 1820. 49 B. Courts of Indian Offenses in Indian Country. 51 C. The Establishment of the CFR Court in Cherokee. 55 D. The Reestablishment of the Cherokee Tribal Court. 58 III. Tribal Court Exhaustion. 61 A. The Doctrine of Tribal Court Exhaustion. 61 B. The Cherokee... |
| Year |
2021 |
| Key Terms in Title or Summary |
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| Trillium Chang |
THE CHINESE EXCLUSION CASES AND POLICING IN THE FOURTH AMENDMENT-FREE ZONE |
73 Stanford Law Review Online 209 (September, 2021) |
In the United States, there are two types of borders. The first type is the one politicians talk and debate about: tall fences surrounded by barbed wire jutting out of the dirt. The second type is hidden in plain sight. It extends 100 miles inland from all sea and land borders and covers two-thirds of the U.S. population, from New York, to Chicago,... |
2021 |
Yes |
| Author |
Trillium Chang |
| Title |
THE CHINESE EXCLUSION CASES AND POLICING IN THE FOURTH AMENDMENT-FREE ZONE |
| Citation |
73 Stanford Law Review Online 209 (September, 2021) |
| Summary |
In the United States, there are two types of borders. The first type is the one politicians talk and debate about: tall fences surrounded by barbed wire jutting out of the dirt. The second type is hidden in plain sight. It extends 100 miles inland from all sea and land borders and covers two-thirds of the U.S. population, from New York, to Chicago,... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Samantha J. Merrill |
THE CHRONIC EFFECT OF "KILL THE INDIAN SAVE THE MAN": AN ANALYSIS OF DREAMING BEAR v. FLEMING |
66 South Dakota Law Review 361 (2021) |
The District Court of South Dakota has found that the wearing of cultural regalia is a protected First Amendment Expression, but that such an expression can be prohibited at a graduation ceremony based on the pedagogical interests of a public high school. The District Court found, in the case of Dreaming Bear v. Fleming, the Dataphase factors did... |
2021 |
|
| Author |
Samantha J. Merrill |
| Title |
THE CHRONIC EFFECT OF "KILL THE INDIAN SAVE THE MAN": AN ANALYSIS OF DREAMING BEAR v. FLEMING |
| Citation |
66 South Dakota Law Review 361 (2021) |
| Summary |
The District Court of South Dakota has found that the wearing of cultural regalia is a protected First Amendment Expression, but that such an expression can be prohibited at a graduation ceremony based on the pedagogical interests of a public high school. The District Court found, in the case of Dreaming Bear v. Fleming, the Dataphase factors did... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
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| Madhu Narasimhan |
THE CONFLICT OF LAWS IN INDIA: INTER-TERRITORIAL AND INTER-PERSONAL CONFLICT. SECOND EDITION. BY V.C. GOVINDARAJ. NEW DELHI, INDIA: OXFORD UNIVERSITY PRESS, 2019. PP. VIII, 436. $65.00 (HARDCOVER) |
53 New York University Journal of International Law & Politics 1098 (Summer, 2021) |
In his sweeping treatise, The Conflict of Laws in India: Inter-Territorial and Inter-Personal Conflict, V.C. Govindaraj lays out the approaches of the Indian courts and legislature to issues in the field of conflict of laws. Govindaraj notes that he chose to publish a second edition--the first edition of the book was released in September 2011--due... |
2021 |
|
| Author |
Madhu Narasimhan |
| Title |
THE CONFLICT OF LAWS IN INDIA: INTER-TERRITORIAL AND INTER-PERSONAL CONFLICT. SECOND EDITION. BY V.C. GOVINDARAJ. NEW DELHI, INDIA: OXFORD UNIVERSITY PRESS, 2019. PP. VIII, 436. $65.00 (HARDCOVER) |
| Citation |
53 New York University Journal of International Law & Politics 1098 (Summer, 2021) |
| Summary |
In his sweeping treatise, The Conflict of Laws in India: Inter-Territorial and Inter-Personal Conflict, V.C. Govindaraj lays out the approaches of the Indian courts and legislature to issues in the field of conflict of laws. Govindaraj notes that he chose to publish a second edition--the first edition of the book was released in September 2011--due... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Emily Hudson |
THE CONSTITUTIONALITY OF THE INDIAN CHILD WELFARE ACT |
47 Ohio Northern University Law Review 359 (2021) |
The Indian Child Welfare Act (ICWA) was passed in 1978 as a response to the disproportionate removal of Indian children from their homes compared to non-Indian children. It was found that this was disproportionality in part because judges and child welfare workers did not understand Indian culture-which led to prejudicial attitudes and the higher... |
2021 |
|
| Author |
Emily Hudson |
| Title |
THE CONSTITUTIONALITY OF THE INDIAN CHILD WELFARE ACT |
| Citation |
47 Ohio Northern University Law Review 359 (2021) |
| Summary |
The Indian Child Welfare Act (ICWA) was passed in 1978 as a response to the disproportionate removal of Indian children from their homes compared to non-Indian children. It was found that this was disproportionality in part because judges and child welfare workers did not understand Indian culture-which led to prejudicial attitudes and the higher... |
| Year |
2021 |
| Key Terms in Title or Summary |
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