| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Fred O. Smith, Jr. |
THE OTHER ORDINARY PERSONS |
78 Washington and Lee Law Review 1071 (Summer, 2021) |
If originalism aims to center the original public meaning of text, who constitutes the public? Are we doing enough to capture historically excluded voices: impoverished white planters; dispossessed Natives; silenced women; and the enslaved? If not, what more is required? And for those who are not originalists, how do we ensure that, as American... |
2021 |
Yes |
| Author |
Fred O. Smith, Jr. |
| Title |
THE OTHER ORDINARY PERSONS |
| Citation |
78 Washington and Lee Law Review 1071 (Summer, 2021) |
| Summary |
If originalism aims to center the original public meaning of text, who constitutes the public? Are we doing enough to capture historically excluded voices: impoverished white planters; dispossessed Natives; silenced women; and the enslaved? If not, what more is required? And for those who are not originalists, how do we ensure that, as American... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Ambassador Jonodev Chaudhuri |
THE PAST MAY BE PROLOGUE, BUT IT DOES NOT DICTATE OUR FUTURE: THIS IS THE MUSCOGEE (CREEK) NATION'S TABLE |
56 Tulsa Law Review 369 (Spring, 2021) |
I. Introduction. 369 II. Muscogee (Creek) Nation's Ambassador, Chitto Harjo, Paved the Way for Our Victory in McGirt. 371 III. The Muscogee (Creek) Nation Reservation Remains Today. 373 IV. McGirt Under Attack: the Parallels to the Fights Ambassador Chitto Harjo Fought. 376 A. Private Business Interests, Then and Now. 376 B. Oklahoma Officials,... |
2021 |
|
| Author |
Ambassador Jonodev Chaudhuri |
| Title |
THE PAST MAY BE PROLOGUE, BUT IT DOES NOT DICTATE OUR FUTURE: THIS IS THE MUSCOGEE (CREEK) NATION'S TABLE |
| Citation |
56 Tulsa Law Review 369 (Spring, 2021) |
| Summary |
I. Introduction. 369 II. Muscogee (Creek) Nation's Ambassador, Chitto Harjo, Paved the Way for Our Victory in McGirt. 371 III. The Muscogee (Creek) Nation Reservation Remains Today. 373 IV. McGirt Under Attack: the Parallels to the Fights Ambassador Chitto Harjo Fought. 376 A. Private Business Interests, Then and Now. 376 B. Oklahoma Officials,... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Aman K. Gebru |
THE PIRACY PARADOX AND INDIGENOUS FASHION |
39 Cardozo Arts and Entertainment Law Journal 607 (2021) |
The conventional justification of intellectual property laws is that recognizing exclusive rights is indispensable for encouraging creativity. The Piracy Paradox challenged this assumption by providing strong evidence of the fashion industry's robust creativity in the face of widespread copying of designs, thereby suggesting that some types of... |
2021 |
|
| Author |
Aman K. Gebru |
| Title |
THE PIRACY PARADOX AND INDIGENOUS FASHION |
| Citation |
39 Cardozo Arts and Entertainment Law Journal 607 (2021) |
| Summary |
The conventional justification of intellectual property laws is that recognizing exclusive rights is indispensable for encouraging creativity. The Piracy Paradox challenged this assumption by providing strong evidence of the fashion industry's robust creativity in the face of widespread copying of designs, thereby suggesting that some types of... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Olivia Miller |
THE POST-CARCIERI STRUGGLE FOR TRIBAL LAND AND THE CASE OF THE MASHPEE WAMPANOAG |
73 Administrative Law Review 451 (Spring, 2021) |
Introduction. 452 I. The Ambiguous Process of Tribal Recognition and Placing Tribal Land into Federal Trust Under the IRA and Carcieri. 457 A. Judicial Interpretation of Now in the IRA. 458 B. Judicial Interpretation of Recognized Indian Tribe and Under Federal Jurisdiction in the IRA. 460 C. DOI Guidance for the IRA. 461 II. The DOI's... |
2021 |
|
| Author |
Olivia Miller |
| Title |
THE POST-CARCIERI STRUGGLE FOR TRIBAL LAND AND THE CASE OF THE MASHPEE WAMPANOAG |
| Citation |
73 Administrative Law Review 451 (Spring, 2021) |
| Summary |
Introduction. 452 I. The Ambiguous Process of Tribal Recognition and Placing Tribal Land into Federal Trust Under the IRA and Carcieri. 457 A. Judicial Interpretation of Now in the IRA. 458 B. Judicial Interpretation of Recognized Indian Tribe and Under Federal Jurisdiction in the IRA. 460 C. DOI Guidance for the IRA. 461 II. The DOI's... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Kirsty Gover |
THE POTENTIAL IMPACT OF INDIGENOUS RIGHTS ON THE INTERNATIONAL LAW OF NATIONALITY |
115 AJIL Unbound 135 (2021) |
International law has long recognized that the power of a state to identify its nationals is a central attribute of sovereignty and firmly within the purview of domestic law. Yet these boundaries may be shifting, in part due to the effect of international human rights norms. In 2011, citizenship scholar Peter Spiro asked, [w]ill international law... |
2021 |
Yes |
| Author |
Kirsty Gover |
| Title |
THE POTENTIAL IMPACT OF INDIGENOUS RIGHTS ON THE INTERNATIONAL LAW OF NATIONALITY |
| Citation |
115 AJIL Unbound 135 (2021) |
| Summary |
International law has long recognized that the power of a state to identify its nationals is a central attribute of sovereignty and firmly within the purview of domestic law. Yet these boundaries may be shifting, in part due to the effect of international human rights norms. In 2011, citizenship scholar Peter Spiro asked, [w]ill international law... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Ann M. Eisenberg, Elizabeth Kronk Warner |
THE PRECIPICE OF JUSTICE: EQUITY, ENERGY, AND THE ENVIRONMENT IN INDIAN COUNTRY AND RURAL COMMUNITIES |
42 Energy Law Journal 281 (2021) |
Editor's Note: As the authors mention at footnote 1, the ideas presented in their essay were first shared during a panel presentation in February of this year at the at the University of Florida Levin College of Law's annual Public Interest Environmental Conference. We and the authors have described their piece as an essay and not an article... |
2021 |
|
| Author |
Ann M. Eisenberg, Elizabeth Kronk Warner |
| Title |
THE PRECIPICE OF JUSTICE: EQUITY, ENERGY, AND THE ENVIRONMENT IN INDIAN COUNTRY AND RURAL COMMUNITIES |
| Citation |
42 Energy Law Journal 281 (2021) |
| Summary |
Editor's Note: As the authors mention at footnote 1, the ideas presented in their essay were first shared during a panel presentation in February of this year at the at the University of Florida Levin College of Law's annual Public Interest Environmental Conference. We and the authors have described their piece as an essay and not an article... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Ian F. Tapu |
THE REASONABLE INDIGENOUS YOUTH STANDARD |
56 Gonzaga Law Review 529 (2020/2021) |
C1-3Table of Contents L1-2Introduction . L3530 I. J.D.B. v. North Carolina: Opening the Door for Youth. 534 II. The Indigenous Youth Experience. 536 III. The Connection Between the Contextual Legal Framework and a Reasonable Indigenous Youth Standard. 539 IV. The Indigenous Youth Standard Already Conforms to Precedent. 541 L1-2Conclusion . L3544 |
2021 |
|
| Author |
Ian F. Tapu |
| Title |
THE REASONABLE INDIGENOUS YOUTH STANDARD |
| Citation |
56 Gonzaga Law Review 529 (2020/2021) |
| Summary |
C1-3Table of Contents L1-2Introduction . L3530 I. J.D.B. v. North Carolina: Opening the Door for Youth. 534 II. The Indigenous Youth Experience. 536 III. The Connection Between the Contextual Legal Framework and a Reasonable Indigenous Youth Standard. 539 IV. The Indigenous Youth Standard Already Conforms to Precedent. 541 L1-2Conclusion . L3544 |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Nadège Montagnon |
THE RECENT IDAHO SUPREME COURT RULING ON THE RESERVED RIGHTS OF THE COEUR D'ALENE RESERVATION: ANALYSIS OF THE CONSISTENCY OF THE STATE COURT CASE WITH FEDERAL LAW ON RESERVED WATER RIGHTS |
57 Idaho Law Review 175 (2021) |
C1-2TABLE OF CONTENTS I. INTRODUCTION. 175 II. BACKGROUND. 176 A. The Winters Case. 177 B. The New Mexico Case. 178 III. PRIOR TO THE COEUR D'ALENE DECISION. 179 A. The Broader View: The Homeland Purpose Theory. 179 B. The Narrow View: The Controlling Case Law's Rule of Primary Secondary Distinction. 181 i. The Ninth Circuit Court of Appeals... |
2021 |
|
| Author |
Nadège Montagnon |
| Title |
THE RECENT IDAHO SUPREME COURT RULING ON THE RESERVED RIGHTS OF THE COEUR D'ALENE RESERVATION: ANALYSIS OF THE CONSISTENCY OF THE STATE COURT CASE WITH FEDERAL LAW ON RESERVED WATER RIGHTS |
| Citation |
57 Idaho Law Review 175 (2021) |
| Summary |
C1-2TABLE OF CONTENTS I. INTRODUCTION. 175 II. BACKGROUND. 176 A. The Winters Case. 177 B. The New Mexico Case. 178 III. PRIOR TO THE COEUR D'ALENE DECISION. 179 A. The Broader View: The Homeland Purpose Theory. 179 B. The Narrow View: The Controlling Case Law's Rule of Primary Secondary Distinction. 181 i. The Ninth Circuit Court of Appeals... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| John D. Bessler |
THE RULE OF LAW: A NECESSARY PILLAR OF FREE AND DEMOCRATIC SOCIETIES FOR PROTECTING HUMAN RIGHTS |
61 Santa Clara Law Review 467 (2021) |
This essay traces the history and development of the concept of the Rule of Law from ancient times through the present. It describes the elements of the Rule of Law and its importance to the protection of human rights in a variety of contexts, including under domestic and international law. From ancient Greece and Rome to the Enlightenment, and... |
2021 |
|
| Author |
John D. Bessler |
| Title |
THE RULE OF LAW: A NECESSARY PILLAR OF FREE AND DEMOCRATIC SOCIETIES FOR PROTECTING HUMAN RIGHTS |
| Citation |
61 Santa Clara Law Review 467 (2021) |
| Summary |
This essay traces the history and development of the concept of the Rule of Law from ancient times through the present. It describes the elements of the Rule of Law and its importance to the protection of human rights in a variety of contexts, including under domestic and international law. From ancient Greece and Rome to the Enlightenment, and... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Meghan O'Connor |
THE SECRETARY OF THE INTERIOR HAS THE AUTHORITY TO TAKE LAND INTO TRUST FOR FEDERALLY RECOGNIZED ALASKA TRIBES |
45 American Indian Law Review 89 (2021) |
Acreage proves Alaska is the largest state in the United States by far, but for Alaska Natives this land, specifically trust land, has posed an issue for decades. For almost forty years, the Department of the Interior (DOI) has debated over whether the Secretary of the Interior can take land into trust in Alaska. Trust land is an important tool to... |
2021 |
|
| Author |
Meghan O'Connor |
| Title |
THE SECRETARY OF THE INTERIOR HAS THE AUTHORITY TO TAKE LAND INTO TRUST FOR FEDERALLY RECOGNIZED ALASKA TRIBES |
| Citation |
45 American Indian Law Review 89 (2021) |
| Summary |
Acreage proves Alaska is the largest state in the United States by far, but for Alaska Natives this land, specifically trust land, has posed an issue for decades. For almost forty years, the Department of the Interior (DOI) has debated over whether the Secretary of the Interior can take land into trust in Alaska. Trust land is an important tool to... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Melanie Randall |
THE SHACKLED SEXUAL ASSAULT VICTIM: TRAUMA, RESISTANCE, AND CRIMINAL JUSTICE VIOLATIONS OF AN INDIGENOUS WOMAN |
39 Minnesota Journal of Law & Inequality 317 (Summer, 2021) |
L1-2Table of Contents Introduction. 318 I. Widening the Lens: State Failures and Violence Against Indigenous Peoples and Women in Canada, the US, Australia, and New Zealand. 323 A. The Sexual and Physical Assault Perpetrated Against Angela Cardinal. 334 B. The Preliminary Inquiry. 336 i. The First Layer of Violation: Stigmatizing Ms. Cardinal as a... |
2021 |
|
| Author |
Melanie Randall |
| Title |
THE SHACKLED SEXUAL ASSAULT VICTIM: TRAUMA, RESISTANCE, AND CRIMINAL JUSTICE VIOLATIONS OF AN INDIGENOUS WOMAN |
| Citation |
39 Minnesota Journal of Law & Inequality 317 (Summer, 2021) |
| Summary |
L1-2Table of Contents Introduction. 318 I. Widening the Lens: State Failures and Violence Against Indigenous Peoples and Women in Canada, the US, Australia, and New Zealand. 323 A. The Sexual and Physical Assault Perpetrated Against Angela Cardinal. 334 B. The Preliminary Inquiry. 336 i. The First Layer of Violation: Stigmatizing Ms. Cardinal as a... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Patrice H. Kunesh |
THE SIGNIFICANCE OF BELONGING FOR INDIGENOUS PEOPLES: THE POWER OF PLACE AND PEOPLE--CREATING A VISION FOR COMMUNITY IN INDIAN COUNTRY THROUGH SELF-GOVERNANCE AND SELF-DETERMINATION |
30 Journal of Affordable Housing & Community Development Law 23 (2021) |
Indigenous peoples and communities have long used stories to understand the world and our place in it. As I wrote this article about affordable housing in Indian Country, I was brought back to the story of my grandfather's experience growing up on the Standing Rock Sioux Reservation and how it profoundly changed the trajectory of our family's... |
2021 |
|
| Author |
Patrice H. Kunesh |
| Title |
THE SIGNIFICANCE OF BELONGING FOR INDIGENOUS PEOPLES: THE POWER OF PLACE AND PEOPLE--CREATING A VISION FOR COMMUNITY IN INDIAN COUNTRY THROUGH SELF-GOVERNANCE AND SELF-DETERMINATION |
| Citation |
30 Journal of Affordable Housing & Community Development Law 23 (2021) |
| Summary |
Indigenous peoples and communities have long used stories to understand the world and our place in it. As I wrote this article about affordable housing in Indian Country, I was brought back to the story of my grandfather's experience growing up on the Standing Rock Sioux Reservation and how it profoundly changed the trajectory of our family's... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Clint Summers |
THE SKY WILL NOT FALL IN OKLAHOMA |
56 Tulsa Law Review 471 (Spring, 2021) |
I. Introduction. 472 II. What Every Oklahoman Needs to Know About Native Reservations. 475 A. Lands of Violence. 476 B. An Inadequate System. 477 III. Jurisdictional Divide. 480 A. The State's Criminal Jurisdiction Powers. 480 i. Inside the Reservation. 480 ii. Outside the Reservation. 482 B. The Mvskoke Nation's Criminal Jurisdiction Powers. 482... |
2021 |
|
| Author |
Clint Summers |
| Title |
THE SKY WILL NOT FALL IN OKLAHOMA |
| Citation |
56 Tulsa Law Review 471 (Spring, 2021) |
| Summary |
I. Introduction. 472 II. What Every Oklahoman Needs to Know About Native Reservations. 475 A. Lands of Violence. 476 B. An Inadequate System. 477 III. Jurisdictional Divide. 480 A. The State's Criminal Jurisdiction Powers. 480 i. Inside the Reservation. 480 ii. Outside the Reservation. 482 B. The Mvskoke Nation's Criminal Jurisdiction Powers. 482... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Kate Sablosky Elengold, Jonathan D. Glater |
THE SOVEREIGN SHIELD |
73 Stanford Law Review 969 (April, 2021) |
As the federal government has come to rely increasingly on private companies to perform government functions, more businesses are testing the power of the resulting contractual relationships to shield themselves from liability, regulation, and oversight. Such nongovernmental entities seek the benefit of what we call the federal... |
2021 |
Yes |
| Author |
Kate Sablosky Elengold, Jonathan D. Glater |
| Title |
THE SOVEREIGN SHIELD |
| Citation |
73 Stanford Law Review 969 (April, 2021) |
| Summary |
As the federal government has come to rely increasingly on private companies to perform government functions, more businesses are testing the power of the resulting contractual relationships to shield themselves from liability, regulation, and oversight. Such nongovernmental entities seek the benefit of what we call the federal... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Ntina Tzouvala |
THE SPECTER OF EUROCENTRISM IN INTERNATIONAL LEGAL HISTORY |
31 Yale Journal of Law & the Humanities 413 (Winter, 2021) |
Some words struggle amongst themselves as enemies. Other words are the site of an ambiguity: the stake in a decisive but undecided battle. - Louis Althusser, Lenin and Philosophy Introduction. 413 I. International Legal History and the Perils of Eurocentrism. 416 II. Toward a Radical Critique of Eurocentrism for International Law. 421 III.... |
2021 |
|
| Author |
Ntina Tzouvala |
| Title |
THE SPECTER OF EUROCENTRISM IN INTERNATIONAL LEGAL HISTORY |
| Citation |
31 Yale Journal of Law & the Humanities 413 (Winter, 2021) |
| Summary |
Some words struggle amongst themselves as enemies. Other words are the site of an ambiguity: the stake in a decisive but undecided battle. - Louis Althusser, Lenin and Philosophy Introduction. 413 I. International Legal History and the Perils of Eurocentrism. 416 II. Toward a Radical Critique of Eurocentrism for International Law. 421 III.... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Kallen Burton Snodgrass |
THE STATE OF THE OIL AND NATURAL GAS INDUSTRY IN OKLAHOMA: THE OIL AND GAS INDUSTRY MOVING FORWARD POST MCGIRT/MURPHY |
7 One J: Oil and Gas, Natural Resources, and Energy Journal 249 (August, 2021) |
Historically, the oil and natural gas industry has solidified a predominate presence in the state of Oklahoma, along with the nation. In the years between 1900 and 1935 Oklahoma ranked first among the Mid-Continent states in oil production; and for nine additional years ranked second. In the course of that period Oklahoma produced 906,012,375... |
2021 |
|
| Author |
Kallen Burton Snodgrass |
| Title |
THE STATE OF THE OIL AND NATURAL GAS INDUSTRY IN OKLAHOMA: THE OIL AND GAS INDUSTRY MOVING FORWARD POST MCGIRT/MURPHY |
| Citation |
7 One J: Oil and Gas, Natural Resources, and Energy Journal 249 (August, 2021) |
| Summary |
Historically, the oil and natural gas industry has solidified a predominate presence in the state of Oklahoma, along with the nation. In the years between 1900 and 1935 Oklahoma ranked first among the Mid-Continent states in oil production; and for nine additional years ranked second. In the course of that period Oklahoma produced 906,012,375... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Daniel Franz |
THE SUBDELEGATION DOCTRINE AS A LEGAL TOOL FOR ESTABLISHING TRIBAL COMANAGEMENT OF PUBLIC LANDS: THROUGH THE LENS OF BEARS EARS NATIONAL MONUMENT |
32 Colorado Natural Resources, Energy & Environmental Law Review 1 (Winter, 2021) |
C1-2Table of Contents Introduction. 2 I. Tribal Comanagement and Bears Ears. 5 a. Cultural and Historical Connections Between the Tribes and Bears Ears. 5 b. Tribal Participation and Comanagement under the Obama Proclamation. 7 c. Tribal Participation and Comanagement under the Trump Reduction. 13 II. The Legal Ins and Outs of the Subdelegation... |
2021 |
|
| Author |
Daniel Franz |
| Title |
THE SUBDELEGATION DOCTRINE AS A LEGAL TOOL FOR ESTABLISHING TRIBAL COMANAGEMENT OF PUBLIC LANDS: THROUGH THE LENS OF BEARS EARS NATIONAL MONUMENT |
| Citation |
32 Colorado Natural Resources, Energy & Environmental Law Review 1 (Winter, 2021) |
| Summary |
C1-2Table of Contents Introduction. 2 I. Tribal Comanagement and Bears Ears. 5 a. Cultural and Historical Connections Between the Tribes and Bears Ears. 5 b. Tribal Participation and Comanagement under the Obama Proclamation. 7 c. Tribal Participation and Comanagement under the Trump Reduction. 13 II. The Legal Ins and Outs of the Subdelegation... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Dylan Hartsook |
THE SUPREME COURT OF WASHINGTON'S BROAD INTERPRETATION OF THE "REASON TO KNOW" STANDARD IN IN RE DEPENDENCY OF Z.J.G. AND WHY A UNIFORM, BROAD INTERPRETATION OF THE STANDARD WILL LEAD TO BETTER OUTCOMES |
45 American Indian Law Review 387 (2021) |
Congress enacted the Indian Child Welfare Act of 1978 (ICWA) to remedy the widespread and disparate removal of Indian Children from their unique cultures. Around the time ICWA was enacted, a survey of sixteen states showed approximately 85 percent of all Indian children in foster care were living in non-Indian homes. ICWA provides standards for... |
2021 |
|
| Author |
Dylan Hartsook |
| Title |
THE SUPREME COURT OF WASHINGTON'S BROAD INTERPRETATION OF THE "REASON TO KNOW" STANDARD IN IN RE DEPENDENCY OF Z.J.G. AND WHY A UNIFORM, BROAD INTERPRETATION OF THE STANDARD WILL LEAD TO BETTER OUTCOMES |
| Citation |
45 American Indian Law Review 387 (2021) |
| Summary |
Congress enacted the Indian Child Welfare Act of 1978 (ICWA) to remedy the widespread and disparate removal of Indian Children from their unique cultures. Around the time ICWA was enacted, a survey of sixteen states showed approximately 85 percent of all Indian children in foster care were living in non-Indian homes. ICWA provides standards for... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Jane Perkins, Sarah Somers, Abigail Coursolle |
THE SUPREME COURT REINFORCES BARRIERS TO COURT ACCESS: CASES FROM THE 2019-2020 TERM |
13 Northeastern University Law Review 575 (May, 2021) |
Introduction 577 I. State Sovereign Immunity 579 II. Stating Claims for Discrimination 583 A. Comcast Corporation v. National Association of African-American Owned Media 583 B. Babb v. Wilkie 584 III. Statutory Interpretation 587 A. Bostock v. Clayton County, Georgia 587 B. County of Maui v. Hawai'i Wildlife Fund 588 C. United States Forest Service... |
2021 |
Yes |
| Author |
Jane Perkins, Sarah Somers, Abigail Coursolle |
| Title |
THE SUPREME COURT REINFORCES BARRIERS TO COURT ACCESS: CASES FROM THE 2019-2020 TERM |
| Citation |
13 Northeastern University Law Review 575 (May, 2021) |
| Summary |
Introduction 577 I. State Sovereign Immunity 579 II. Stating Claims for Discrimination 583 A. Comcast Corporation v. National Association of African-American Owned Media 583 B. Babb v. Wilkie 584 III. Statutory Interpretation 587 A. Bostock v. Clayton County, Georgia 587 B. County of Maui v. Hawai'i Wildlife Fund 588 C. United States Forest Service... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Claire Charters |
THE SWEET SPOT BETWEEN FORMALISM AND FAIRNESS: INDIGENOUS PEOPLES' CONTRIBUTION TO INTERNATIONAL LAW |
115 AJIL Unbound 123 (2021) |
Standing back, the greatest influence of Indigenous Peoples on international law is our contribution to a pragmatically-driven yet conscious reframing of its foundations. Partly as a result of our participation in international law, it is changing its nineteenth and twentieth century state-centric, colonial, and positivist character to a more... |
2021 |
|
| Author |
Claire Charters |
| Title |
THE SWEET SPOT BETWEEN FORMALISM AND FAIRNESS: INDIGENOUS PEOPLES' CONTRIBUTION TO INTERNATIONAL LAW |
| Citation |
115 AJIL Unbound 123 (2021) |
| Summary |
Standing back, the greatest influence of Indigenous Peoples on international law is our contribution to a pragmatically-driven yet conscious reframing of its foundations. Partly as a result of our participation in international law, it is changing its nineteenth and twentieth century state-centric, colonial, and positivist character to a more... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Adam Crepelle |
THE TRIBAL PER CAPITA PAYMENT CONUNDRUM: GOVERNANCE, CULTURE, AND INCENTIVES |
56 Gonzaga Law Review 483 (2020/2021) |
C1-3Table of Contents L1-2Introduction . L3484 I. Socioeconomic Data. 487 II. History of Tribal Per Capita Payments. 489 III. Rules Governing Tribal Casino Per Capita Payments. 493 IV. Positive Effects of Per Capita Payments. 495 V. Possible Problems with Per Capita Payments. 498 A. Per Capita Payments and Governance. 498 1. Public Choice and Free... |
2021 |
|
| Author |
Adam Crepelle |
| Title |
THE TRIBAL PER CAPITA PAYMENT CONUNDRUM: GOVERNANCE, CULTURE, AND INCENTIVES |
| Citation |
56 Gonzaga Law Review 483 (2020/2021) |
| Summary |
C1-3Table of Contents L1-2Introduction . L3484 I. Socioeconomic Data. 487 II. History of Tribal Per Capita Payments. 489 III. Rules Governing Tribal Casino Per Capita Payments. 493 IV. Positive Effects of Per Capita Payments. 495 V. Possible Problems with Per Capita Payments. 498 A. Per Capita Payments and Governance. 498 1. Public Choice and Free... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Alex Tallchief Skibine |
THE TRIBAL RIGHT TO EXCLUDE OTHERS FROM INDIAN-OWNED LANDS |
45 American Indian Law Review 261 (2021) |
In May 2020, two Indian tribes in South Dakota--the Cheyenne River Sioux and Oglala Sioux Tribes--established health safety checkpoints on state and federal roads accessing the entrance to their reservations, invoking the dangers caused by COVID-19. The South Dakota Governor threatened immediate legal action, arguing that such roadblocks could only... |
2021 |
|
| Author |
Alex Tallchief Skibine |
| Title |
THE TRIBAL RIGHT TO EXCLUDE OTHERS FROM INDIAN-OWNED LANDS |
| Citation |
45 American Indian Law Review 261 (2021) |
| Summary |
In May 2020, two Indian tribes in South Dakota--the Cheyenne River Sioux and Oglala Sioux Tribes--established health safety checkpoints on state and federal roads accessing the entrance to their reservations, invoking the dangers caused by COVID-19. The South Dakota Governor threatened immediate legal action, arguing that such roadblocks could only... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Daniel Peat |
THE TYRANNY OF CHOICE AND THE INTERPRETATION OF STANDARDS: WHY THE EUROPEAN COURT OF HUMAN RIGHTS USES CONSENSUS |
53 New York University Journal of International Law & Politics 381 (Winter, 2021) |
I. Introduction. 382 II. The Tyranny of Choice. 386 A. The Effects of Choice Overload. 387 B. The Tyranny of Standards. 390 III. The Consensus Doctrine. 399 A. Interpretation Step Zero. 402 B. Consensus as Consent. 406 C. Consensus as Legitimacy. 407 D. Consensus as Epistemology. 413 IV. Choice Overload and Treaty Interpretation. 416 A.... |
2021 |
Yes |
| Author |
Daniel Peat |
| Title |
THE TYRANNY OF CHOICE AND THE INTERPRETATION OF STANDARDS: WHY THE EUROPEAN COURT OF HUMAN RIGHTS USES CONSENSUS |
| Citation |
53 New York University Journal of International Law & Politics 381 (Winter, 2021) |
| Summary |
I. Introduction. 382 II. The Tyranny of Choice. 386 A. The Effects of Choice Overload. 387 B. The Tyranny of Standards. 390 III. The Consensus Doctrine. 399 A. Interpretation Step Zero. 402 B. Consensus as Consent. 406 C. Consensus as Legitimacy. 407 D. Consensus as Epistemology. 413 IV. Choice Overload and Treaty Interpretation. 416 A.... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Heinz Klug |
THE UNIVERSITY OF WISCONSIN LAW SCHOOL ON CONSTITUTIONALISM AND DEMOCRACY |
2021 Wisconsin Law Review 465 (2021) |
While the University of Wisconsin (UW) Law School and its faculty are recognized as having a long tradition of law and society scholarship, it is only over the last decade that its contributions to debates over both domestic and international constitutionalism and democracy have gained increasing recognition. Whether in democratization,... |
2021 |
|
| Author |
Heinz Klug |
| Title |
THE UNIVERSITY OF WISCONSIN LAW SCHOOL ON CONSTITUTIONALISM AND DEMOCRACY |
| Citation |
2021 Wisconsin Law Review 465 (2021) |
| Summary |
While the University of Wisconsin (UW) Law School and its faculty are recognized as having a long tradition of law and society scholarship, it is only over the last decade that its contributions to debates over both domestic and international constitutionalism and democracy have gained increasing recognition. Whether in democratization,... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Ann E. Tweedy |
THE VALIDITY OF TRIBAL CHECKPOINTS IN SOUTH DAKOTA TO CURB THE SPREAD OF COVID-19 |
2021 University of Chicago Legal Forum 233 (2021) |
This Article examines the question of whether, during a public health emergency, tribes located in a state that has adopted minimal protections to curb a pandemic may enact stronger protections for their own citizens and territories. Specifically, may they do so, even when enforcement of the tribes' protections causes inconvenience to those simply... |
2021 |
|
| Author |
Ann E. Tweedy |
| Title |
THE VALIDITY OF TRIBAL CHECKPOINTS IN SOUTH DAKOTA TO CURB THE SPREAD OF COVID-19 |
| Citation |
2021 University of Chicago Legal Forum 233 (2021) |
| Summary |
This Article examines the question of whether, during a public health emergency, tribes located in a state that has adopted minimal protections to curb a pandemic may enact stronger protections for their own citizens and territories. Specifically, may they do so, even when enforcement of the tribes' protections causes inconvenience to those simply... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Joseph Austin |
THE WORDS OF THE TALKING GOD |
57-AUG Arizona Attorney 30 (July/August, 2021) |
Over the years, I have presented at numerous conferences, workshops and law school classes, teaching students and practitioners about federal Indian Law and tribal law. One of the challenges of teaching tribal law is convincing folks that Native people always had the rule of law. The rule of law was not given to Native people and neither was... |
2021 |
|
| Author |
Joseph Austin |
| Title |
THE WORDS OF THE TALKING GOD |
| Citation |
57-AUG Arizona Attorney 30 (July/August, 2021) |
| Summary |
Over the years, I have presented at numerous conferences, workshops and law school classes, teaching students and practitioners about federal Indian Law and tribal law. One of the challenges of teaching tribal law is convincing folks that Native people always had the rule of law. The rule of law was not given to Native people and neither was... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Miia Halme-Tuomisaari |
TOWARD REJUVENATED INSPIRATION WITH THE UNBEARABLE LIGHTNESS OF ANTHROPOLOGY |
115 AJIL Unbound 283 (2021) |
How might the connections between anthropology and international law become more dynamic? I reflect upon this question in this essay using ethnographic insights from the documentary cycles of the UN Human Rights Committee, the treaty body monitoring state compliance with the International Covenant on Civil and Political Rights. Building on recent... |
2021 |
Yes |
| Author |
Miia Halme-Tuomisaari |
| Title |
TOWARD REJUVENATED INSPIRATION WITH THE UNBEARABLE LIGHTNESS OF ANTHROPOLOGY |
| Citation |
115 AJIL Unbound 283 (2021) |
| Summary |
How might the connections between anthropology and international law become more dynamic? I reflect upon this question in this essay using ethnographic insights from the documentary cycles of the UN Human Rights Committee, the treaty body monitoring state compliance with the International Covenant on Civil and Political Rights. Building on recent... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Katherine Florey |
TOWARD TRIBAL REGULATORY SOVEREIGNTY IN THE WAKE OF THE COVID-19 PANDEMIC |
63 Arizona Law Review 399 (Summer, 2021) |
The media has often highlighted the devastating toll COVID-19 has taken in many parts of Indian country--and that, to be sure, is part of the story. But there are other aspects of the picture as well. On the one hand, tribes have taken resourceful and creative measures to combat COVID-19. On the other, a troublesome doctrinal landscape has... |
2021 |
Yes |
| Author |
Katherine Florey |
| Title |
TOWARD TRIBAL REGULATORY SOVEREIGNTY IN THE WAKE OF THE COVID-19 PANDEMIC |
| Citation |
63 Arizona Law Review 399 (Summer, 2021) |
| Summary |
The media has often highlighted the devastating toll COVID-19 has taken in many parts of Indian country--and that, to be sure, is part of the story. But there are other aspects of the picture as well. On the one hand, tribes have taken resourceful and creative measures to combat COVID-19. On the other, a troublesome doctrinal landscape has... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Kimberly Chen |
TOWARD TRIBAL SOVEREIGNTY: ENVIRONMENTAL REGULATION IN OKLAHOMA AFTER MCGIRT |
121 Columbia Law Review Forum 95 (June 1, 2021) |
In the landmark decision McGirt v. Oklahoma, the Supreme Court held that the Muscogee (Creek) Nation's reservation in eastern Oklahoma had never been disestablished by Congress, and it thus remained Indian country under federal law for purposes of criminal jurisdiction. This decision also carried the potential to alter the regulatory landscape of... |
2021 |
Yes |
| Author |
Kimberly Chen |
| Title |
TOWARD TRIBAL SOVEREIGNTY: ENVIRONMENTAL REGULATION IN OKLAHOMA AFTER MCGIRT |
| Citation |
121 Columbia Law Review Forum 95 (June 1, 2021) |
| Summary |
In the landmark decision McGirt v. Oklahoma, the Supreme Court held that the Muscogee (Creek) Nation's reservation in eastern Oklahoma had never been disestablished by Congress, and it thus remained Indian country under federal law for purposes of criminal jurisdiction. This decision also carried the potential to alter the regulatory landscape of... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Melissa Tehee , Royleen J. Ross , Charlotte McCloskey , Iva GreyWolf , Assistant Professor of Psychology, Director of the American Indian Support Project, Utah State University, Secretary, Society of Indian Psychologists, Leadership Development Institute |
TRAUMA-INFORMED, CULTURALLY RELEVANT PSYCHOLOGICAL RESPONSES IN CASES OF MISSING OR MURDERED INDIGENOUS PEOPLES |
69 Department of Justice Journal of Federal Law and Practice 251 (March, 2021) |
Linking back to the constant onslaught on Native land and therefore Native bodies, MMIWG2 (Missing and Murdered Indigenous Women and Girls and Two Spirit People) scholars underscore the connections between the violence experienced by Indigenous women to the continued subjugation of such bodies by the colonial state. Missing or Murdered Indigenous... |
2021 |
|
| Author |
Melissa Tehee , Royleen J. Ross , Charlotte McCloskey , Iva GreyWolf , Assistant Professor of Psychology, Director of the American Indian Support Project, Utah State University, Secretary, Society of Indian Psychologists, Leadership Development Institute |
| Title |
TRAUMA-INFORMED, CULTURALLY RELEVANT PSYCHOLOGICAL RESPONSES IN CASES OF MISSING OR MURDERED INDIGENOUS PEOPLES |
| Citation |
69 Department of Justice Journal of Federal Law and Practice 251 (March, 2021) |
| Summary |
Linking back to the constant onslaught on Native land and therefore Native bodies, MMIWG2 (Missing and Murdered Indigenous Women and Girls and Two Spirit People) scholars underscore the connections between the violence experienced by Indigenous women to the continued subjugation of such bodies by the colonial state. Missing or Murdered Indigenous... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|